Audit Query AQ17-005: Recall administration

NHTSA opened this Audit Query (AQ) on September 1, 2017 to investigate concerns regarding the compliance of Tegol, Inc. (Tegol) with its recall reporting and recall remedy obligations on multiple recalls involving motorcycle helmets. The agency’s concerns included Tegol’s failure to submit or timely submit quarterly reports for NHTSA Recall Nos. 17E-015 and 16E-062 and numerous consumer complaints regarding Tegol’s failure to provide the required remedy for Recall Nos. 17E-015, 14E-069, 13E-047, and 12E-051. Each of these recalls involves motorcycle helmets imported and distributed by Tegol that fail to comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 218. During this AQ, the agency served a Special Order on Tegol on November 9, 2017 to obtain additional information regarding Tegol and its compliance with the recall reporting and recall remedy obligations in the subject recalls. Tegol’s written response and document production was seriously deficient and largely nonresponsive. Tegol subsequently appears to have gone out of business. According to public records, Tegol’s corporate status has been suspended by the State of California. Under the circumstances, NHTSA is closing this investigation. Based on the available information and the recalls Tegol has filed, motorcyclists should not wear several models of Outlaw or Hawk helmets imported by Tegol. These recalled helmets do not meet minimum safety requirements and motorcyclists who use these helmets are at increased risk of injury or death, should they be involved in a crash while wearing any of these helmets. Specifically, since 2012, Tegol recalled certain helmets of the following models: · AX-30010 Outlaw Carbon Tech Glossy, AX-30020 Outlaw Carbon Tech Matte, and AX-30030 Outlaw Carbon Tech Red, Recall 12E0-051 · AX-3 Series, AX4-series, and TG-5 Series, Recall 13E-047 · Hawk GLD-900 Series, Recall 14E-069 · Outlaw Slim G Series, Recall 16E-062 · Outlaw V-5 Series, Recall 17E-015 NHTSA also urges motorcyclists not to wear Outlaw T-75 series motorcycle helmets because they failed to meet certain requirements of the Federal Motor Vehicle Safety Standards when tested by NHTSA, including requirements for protecting a rider during a crash. The Outlaw T-75 helmets were imported and sold by Tegol, which did not conduct a recall of these helmets before going out of business. NHTSA's compliance tests of the Outlaw T-75 helmets are available on the Agency’s website: https://static.nhtsa.gov/odi/ctr/9999/TRTR-645544-2018-001.pdf; https://static.nhtsa.gov/odi/ctr/9999/TRTR-645545-2018-001.pdf. The closing of this investigation does not constitute a finding by NHTSA about Tegol’s compliance with the Vehicle Safety Act. Additionally, the Agency notes that the Vehicle Safety Act states: “A manufacturer’s filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer’s duty to comply with section 30112 or sections 30115 through 30120 of this title,” which include the recall provisions of the Act. NHTSA will take additional action as appropriate, including if it learns that Tegol re-engages in business activity, including by importing, offering for sale, or selling motorcycle helmets.