Interpretation ID: 18890.jeg

Mr. Meyer Snyder
5134 Bocaw Pl
San Diego, CA 92115-1717

Dear Mr. Snyder:

This responds to your letter asking whether you can have the force of the air bags on your 1995 Toyota Camry "turned down." You asked whether this can be done at your Toyota dealer and, if not, where it could be done, and whether you would have to pay for this modification.

As discussed below, there is no legal impediment to vehicle manufacturers and dealers modifying older vehicles so that they have the same kinds of redesigned air bags being offered on most new vehicles. However, such modifications would likely be very complicated and potentially expensive, and we are not aware of any vehicle manufacturers or dealers which make such modifications. You may wish to ask Toyota about whether it is possible to modify your vehicle in this manner and at what cost.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new motor vehicle equipment. One of the standards we have issued is Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Manufacturers install air bags in passenger cars as part of complying with the occupant protection requirements of Standard No. 208.

While the Federal motor vehicle safety standards apply only to new motor vehicles and new motor vehicle equipment, Federal law limits the modifications that can be made by certain businesses to used vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of a design installed on or in a motor vehicle in compliance with an applicable safety standard (49 U.S.C. 30122).

A manufacturer, dealer or other business which modified the air bags on your 1995 Toyota Camry would not violate the "make inoperative" provision if, after the modification, the vehicle continued to meet the relevant requirements in effect either on the date of manufacture or as later amended. In 1997 NHTSA amended Standard No. 208 to make it easier for manufacturers to quickly redesign their air bags, e.g., by reducing the power as compared to previous years. Compliance with the amended requirements would thus not violate the "make inoperative" provision. As noted earlier, however, the modifications that would need to be made to an existing vehicle so that it would have redesigned air bags would likely be very complicated and potentially expensive, and we are not aware of any vehicle manufacturers or dealers which make such modifications.

I am pleased to hear that you do not want your air bags turned off. The vast majority of persons, including short persons, are much safer with air bags. Among other things, an air bag will minimize the risk of violently striking the steering wheel and dashboard in a moderate to severe crash.

I would also like to point out that there are a few basic steps that you can take to minimize air bag risks, including wearing your safety belts and, when driving, keeping at least 10 inches between the center of the air bag cover and your breastbone. I have enclosed an information brochure, written in the context of making an informed decision about on-off switches, which provides additional information concerning how you can reduce air bag risks.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:208
d.2/3/99