Interpretation ID: label_removal_5298

Ms. Jennifer Ross
P.O. Box 49, 120 Place Versailles Station
Montreal, Quebec H1N 3TG
Canada

Dear Ms. Ross:

This responds to your letter in which you ask if an interior label on a motorcycle helmet may be removed by its owner. As you are writing from Canada, I note that my response refers only to regulation under the United States Federal motor vehicle safety standards (FMVSS). With that clarification, U.S. Federal law does not prohibit an individual owner from removing labels from his or her motorcycle helmet after first retail sale of the helmet.

As you are aware, the National Highway Traffic Safety Administration (NHTSA) has established FMVSS No. 218, Motorcycle helmets. S5.6 of the standard establishes a labeling requirement that specifies information with which a helmet must be permanently and legibly labeled. FMVSS No. 218 specifies that the DOT symbol appear on the outer surface of the helmet but does not specify a location for placement of the additional information, except that it must be read easily without removing padding or any other permanent part.

Generally, our standards apply to motor vehicle equipment as manufactured up until the point of first retail sale. However, even after first retail sale a manufacturer, distributor, dealer, or repair business cannot "knowingly make inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard" (49 U.S.C. 30122). In this case, the label on motorcycle helmets is a device or element of design installed on the helmet in compliance with FMVSS No. 218. Therefore, if a manufacturer, distributor, dealer, or repair business removed a label affixed to the exterior or interior of a helmet in compliance with FMVSS No. 218, then that entity would be making the label inoperative, in violation of U.S. Federal law.

This "make inoperative" provision does not extend to an individual consumer after a helmet is first sold for retail. Thus, the owner of a motorcycle helmet is permitted to remove or cover the label from his or her helmet for any reason without violating any provision of U.S. Federal law.

If you have any further questions about motorcycle helmets, please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:218
d.7/5/05