Interpretation ID: 1985-03.24

TYPE: INTERPRETATION-NHTSA

DATE: 07/29/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Corporal Frank Browne

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of July 5, 1985, concerning Federal regulations on safety belts in your patrol vehicles. You specifically asked about regulations affecting either the removal of the shoulder belt portion of a lap-shoulder belt system or the replacement of lap-shoulder belt systems with lap belt only systems. I hope that the following discussion answers your questions.

The National Traffic and Motor Vehicle Safety Act authorizes our agency to establish Federal Motor Vehicle Safety Standards applicable to all new motor vehicles sold in the United States. We have issued Standard No. 208, Occupant Crash Protection, which requires the installation of crash protection systems, such as safety belts, in the front and rear seats of motor vehicles. We have also issued Standard No. 209, Seat Belt Assemblies, which sets performance requirements for safety belts used in motor vehicles. A copy of each standard is enclosed for your reference. As you know, each new motor vehicle sold to your Department must be certified by its manufacturer as complying with all applicable Federal Motor Vehicle Safety Standards, including Standards Nos. 208 and 209.

The alteration of a safety belt system in a used vehicle is affected by section 108(a)(2)(A) of the Vehicle Safety Act. A copy of that section of the Act is enclosed. That section provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

Thus, none of those commercial businesses could alter or replace the safety belts in your vehicles, if by doing so they would "render inoperative" the compliance of the vehicle or the safety belt system with Standard Nos. 208 and 209. Removal of a portion of a belt system or the substitution of a lap belt for a lap-shoulder belt would have that effect. Note that Section 108(a)(2)(A) does not apply to individual vehicle owners. Therefore, your Department can remove or alter your safety belts in any manner without violating Federal law. Such removals or alterations could be affected by State law.

I urge you to carefully consider the effects of altering or removing safety belts, even though Federal law would not prohibit you from making such modifications yourself. Our accident and test data show that lap-shoulder belts are very effective in reducing deaths and injuries in vehicle crashes. Particularly since your officers face the possibility of pursuit situations, we believe that it is important that they have safety belt systems that will effectively protect them in a crash.

I hope this information is of assistance. Please let me know if you have any further questions.

SINCERELY,

CITY OF SANTA ANA POLICE DEPARTMENT

SANTA ANA, CALIFORNIA

OCC-0924

July 5, 1985

Frank Browne Santa Ana Police Department

Dear Sirs,

We would appreciate receiving any information including laws, codes and provisions regarding passenger safety belts in our patrol units.

Our new units, as with all new vehicles, are equipped with lap and shoulder harnesses. We are interested in what the Federal codes states as to the possibility of removing either only the shoulder harness leaving the lap belt or removing the entire safety belt assembly and installing only a lap belt. In addition, we would also be interested in the laws regarding safety belts for the rear seats. If possible, we would appreciate a copy of the laws regarding safety belts.

Cpl. Frank Browne Supervisor- Property Services