Interpretation ID: aiam4416
Hoppe & Associates
407 Howell Way
Edmonds
WA 98020;
Dear Mr. Hoppe: This is in response to your March 30, 1987, letter requestin clarification concerning the applicability of Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets. You indicate that there is confusion on the part of consumers, retailers, as well as enforcement authorities concerning the *lack* of the DOT initials on some helmets offered for sale in the United States. You further indicate that a recent letter from the National Highway Traffic Safety Administration's Office of Vehicle Safety Compliance may have added to the confusion. I hope that the following clarifies the situation.; No manufacturer may display the DOT symbol on a motorcycle helmet unless the helmet complies with Federal Motor Vehicle Safety Standard No. 218. What seems to be causing some of the confusion is that Federal Motor Vehicle Safety Standard No. 218 currently does not apply to all helmets sold in the United States. Paragraph S3 of Standard 218 states, in part, that '...this standard appl ies to all helmets that can be placed on the size C headform using normal fitting procedures. Helmets that cannot be placed on the size C headform will not be covered by this standard until it is extended to those sizes by further amendment.' If a helmet is *exempt* from complying with the Standard (because it cannot be placed on the size C headform using normal fitting procedures), it may not display the DOT symbol either. This is the case with what are typically the small or extra small helmets. Thus, it is perfectly appropriate for some helmets not to display the DOT symbol.; Further, as a cautionary note, the certification requirements of th National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 *et seq) prohibit any person from issuing a certificate to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards, if the person (using due care) has reason to know that such certificate is false or misleading in a material respect. It is possible that placing the DOT symbol on a helmet to which the standard is not applicable may be false and misleading under section 108(a)(1)(C) of the Safety Act. There are possible fines associated with a determination under this section.; The agency recognizes that the lack of universal application of th standard may lead to some confusion in the marketplace. Now that adequate headforms exist so that all helmet sizes can be tested, we are working on a final rule which will extend the applicability of Standard 218 to all helmet sizes. If you have any further questions, please feel free to contact us.; Sincerely, Erika Z. Jones, Chief Counsel