Interpretation ID: aiam2860
Mercedes-Benz of North America
Inc.
One Mercedes Drive
P.O. Box 350
Montvale
NJ 07645;
Dear Mr. Gerth: This responds to your recent question whether Mercedes may use dynamic test to evaluate seat structure integrity instead of the static test specified in the testing procedures of Safety Standard No. 207.; The answer to your question is yes. A manufacturer is permitted to us whatever test procedures or methods of evaluation he chooses to assure its vehicles are in compliance with Federal motor vehicle safety standards. The legal requirement under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391, *et seq*.) is that the manufacturer exercise *due care* to determine that his vehicles will be in compliance with all applicable standards when tested by the agency in accordance with the test procedures specified in those standards.; Therefore, you may use a dynamic test method to determine the integrit of your vehicle seats if this constitutes the exercise of due care to assure the seats meet the performance requirements specified in Standard No. 207. Of course, it cannot be determined whether a manufacturer in fact exercised due care in advance of the actual events leading to the certification of compliance. Likewise, the agency will not approve a manufacturer's method of testing in advance of certification.; Please contact me if you have any further questions. Sincerely, Joseph J. Levin, Jr., Chief Counsel