Interpretation ID: aiam1269
Executive Vice President
Falcon Enterprises
Inc.
3960 South Marginal Road
Cleveland
OH 44114;
Dear Mr. Stanciu: This is in reply to your letter of September 6, 1973, concerning Moto Vehicle Safety Standard No. 218, 'Motorcycle Helmets.' You raise several questions in your letter which are restated below.; >>>1. 'It is our understanding that we are not required to seek o secure prior DOT approval to market helmets manufactured after March 1, 1974, but that we must satisfy ourselves that our product meets this specification. Is this correct?'; Yes. 2. 'It is also our understanding the DOT does not issue any approval o certification even if we present documents of compliance. Is this correct?'; Yes. 3. 'We are interested in your comments as far as the disposition o existing inventory of helmets manufactured prior to March 1, 1974, but available for retail sale following March 1, 1974.'; The standard will apply only to helmets manufactured on or after it effective date, it will not apply to helmets manufactured before its effective date but sold to the public after that date. Accordingly, you will be free to sell after the standard's effective date any helmets you have in stock which were manufactured before the standard's effective date.; 4. 'What mechanism do you foresee being set up to police our industr to assure the public of continued compliance?'; 5. 'In the event that a helmet is tested by DOT and found to b deficient with respect to the DOT requirements, we would like to know what action would be taken by DOT?'; Once any Federal Motor Vehicle Safety Standard becomes effective violations of such regulations are federally enforced. The National Highway Traffic Safety Administration (NHTSA) purchases items covered by the standard in the open market, and tests them for compliance. Under section 109(a) of the National Traffic and Motor Vehicle Safety Act of 1966, whoever violates any regulation issued under the Act, including selling nonconforming equipment, shall be subject to a civil penalty of not more than $1,000 for each violation to a maximum of not more than $400,000 for any related series of such violations.; 6. 'Presently our helmets are marketed as universal size with sizin bands included. Per section 5.6.1 (labeling), we are required to show the size of the helmet. We are somewhat at a loss as to which size we would show, since the helmet can be either small, medium, or large at the selection of the purchaser. Would you please comment?'; If the size of a helmet is adjustable, then the range of sizes withi which it can be adjusted must be given.; 7. 'Would you please furnish us with the method and the name of th person or persons whom we would communicate with for specific interpretation of the individual sections of this standard?'; Lawrence R. Schneider, Chief Counsel, National Highway Traffic Safet Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.; 8. 'Could you provide us with a list of DOT approved testing agencies?' Neither the DOT nor the NHTSA certify or approve testing agencies. Th basis upon which a manufacturer determines whether his product conforms to a standard is a matter within his own discretion.; 9. 'Does this standard supersede and set aside the current Stat regulations pertaining to motorcycle helmets?'; The motorcycle helmet standard is a comprehensive regulation coverin all relevant aspects of safety performance. Any State or local requirements for the design or performance of motorcycle helmets must be identical to the requirements of the Federal standard when that standard becomes effective. Any differing requirements will be void.<<<; A copy of the National Traffic and Motor Vehicle Safety Act of 1966 which includes the referenced sections you are concerned about, and a copy of the delegation of authority at 49 CFR 1.51 are enclosed in accordance with your request.; Yours truly, Richard B. Dyson, Assistant Chief Counsel