Interpretation ID: aiam3306
Simpson Sports
22630 South Normandie Avenue
Torrance
CA 90502;
Dear Mr. Simpson: This responds to your May, 1980, letter asking whether the Departmen of Transportation preempts State approval programs designed to enforce State standards on equipment regulated by Federal safety standards. In a subsequent conversation with Roger Tilton of my staff, you indicated that several States require you to obtain advance approval from them prior to sale of your motorcycle helmets. You further stated that each of these advance approvals can be very costly.; The National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (1 U.S.C. 138 *et* *seq*.) in section 1392(d) preempts States from having any safety standard applicable to the same aspect of performance as a Federal standard unless the State standard imposes a higher level of performance and applies only to vehicles or equipment purchased for the State's own use. The Act is silent with respect to the preemption of State enforcement procedures, such as approval schemes that require State permission prior to the sale of vehicles or equipment in their jurisdictions.; We note that the issue of advance approval schemes was litigated i *Truck Safety Equipment Inst. v. Kane*, 466 F.Supp. 1242 (D.C., Pa. 1979). In that case (copy enclosed) the court held that a State advance approval scheme was preempted by the Act. We suggest that you bring this case to the attention of the appropriate officials in the States in question. If either you or officials from those States have further questions, you can contact Mr. Tilton at 202-426-9511.; Sincerely, Frank Berndt, Chief Counsel