Interpretation ID: aiam1406
Rebcor
Inc.
P.O. Box 156
3300 Dixie Highway
Fairfield
OH 45014;
Dear Mr. Rattner: This is in reply to your letter of January 11, 1974, and subsequen telephone conversation with Mr. Feldman of this office asking whether the motorcycle helmets you manufacture may be labeled with the DOT symbol before the March 1, 1974, effective date of Standard 218, *Motorcycle Helmets*.; The NHTSA's position is that it would be 'false and misleading,' withi the meaning of the statute, for a DOT symbol to appear without qualification on helmets manufactured before the effective date of the standard. We do, however, consider it permissible to have a DOT symbol on the helmet if it is covered by a label, not easily removable, that states in letters at least one-quarter of an inch high:; >>>NO FEDERAL MOTOR VEHICLE SAFETY STANDARD APPLIES TO THIS HELMET.<<< Further, since the requirements of the standard only apply to helmet that fit headform size C, manufactured on or after March 1, 1974, and will not apply to helmets that do not fit headform size C until extended to those sizes by a future amendment to the standard, the DOT symbol required for helmets that fit headform size C should not appear on any other helmets until the standard is made effective for those other sizes.; You also asked whether a manufacturer would be allowed to label helmet with a statement to the effect that, although no Federal motor vehicle safety standard applies to a helmet of that size, it meets all Federal performance requirements for helmets of other sizes. We would have no objection to such a statement, provided the manufacturer ensures that it is true.; Sincerely, Lawrence R. Schneider, Chief Counsel