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Interpretation ID: 23642ogm



    Albert G. Hayeck, Esq.
    75 Bowker Street
    Worcester, MA 01604


    Dear Mr. Hayeck:

    This responds to your letter seeking information about the labeling requirements in Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets (49 CFR 571.218). Your letter correctly notes that section S5.6.1 of Standard No. 218 requires that motorcycle helmets be permanently labeled with a "DOT" mark as a certification that the helmet complies with Standard No. 218. Your review of Standard No. 218 indicates that the Standard does not prohibit owners of helmets from removing or obscuring the "DOT" certification mark. You ask if removing or covering the "DOT" certification mark is lawful.

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority under Chapter 301 of Title 49, U.S. Code, to establish Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment, including motorcycle helmets. This statute requires each person manufacturing, selling, or offering for sale any new vehicle, or item of equipment, covered by an FMVSS, to ensure that the new vehicle or equipment item is certified as meeting all applicable FMVSSs.

    The "DOT" certification mark and other required labels provide important information regarding the helmet, including the fact that the manufacturer has certified that the helmet meets Standard No. 218. Section S5.6.1 of the Standard requires that each helmet be permanently and legibly labeled with certain warnings, identifying information, size, and the DOT certification mark. Any helmet intended for highway use, must, at the time of sale, be permanently marked as directed by S5.6.1. Our agency requires permanent marking of these items because we believe this information is needed for the life of the helmet.

    After the first sale of the helmet to a consumer, Federal law does not impose any obligation on users of the helmet to maintain it in its original state of compliance. Thus, a consumer may remove or obscure the "DOT" marking without violating Federal law. However, removing or obscuring the certification mark or otherwise modifying the helmet to degrade its performance may have an impact on the user under state laws requiring the use of compliant helmets.

    Section 30122(b) of Title 49 of the United States Code, 49 U.S.C. 30122(b), provides that manufacturers, distributors, dealers, or repair businesses may not knowingly make inoperative any part of a device or element of design installed in a vehicle or item of equipment under applicable Federal motor vehicle safety standards. In this case, the label on motorcycle helmets is a device or element of design installed on the helmet in compliance with Standard No. 218. If a manufacturer, distributor, dealer, or repair business removed that label, then those entities would be rendering the label inoperative, in violation of Federal law. While individual owners of motorcycle helmets are not subject to the "make inoperative" requirement, we urge owners of helmets not to degrade the safety of the equipment.

    The individual States are free to establish requirements for the use of motorcycle helmets, including a requirement that helmets used on state highways comply with Standard No. 218. States can prohibit an owner from removing or covering the label or impose sanctions for the use of an unlabeled helmet.

    I hope this information is helpful. If you have any further questions or need some more information on this subject, please do not hesitate to contact Mr. Otto Matheke of my staff at this address, or by telephone at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

    ref:218
    d.3/14/02