Interpretation ID: aiam1194
Blyth Eastman Dillon & Co.
111 East Wisconsin Avenue
Milwaukee
WI 53202;
Dear Mr. Hamm: This is in reply to your letter of May 15, 1973, concerning you dealer's refusal to move back the driver's seat in your new car. I apologize for the delay in our reply.; You state in your letter that adjustment of the seat was made pre-condition of the sale. A dealer who adjusts a seat prior to sale in this fashion will have to be able to certify that the seat, as modified, conforms to the Federal motor vehicle safety standard governing passenger car seats (Standard 207) and to other standards that may be affected by the seat position, such as the seat belt anchorage standard (Standard No.210). A dealer is not prohibited from making changes in the seat so long as the modified seats continue to perform in the manner required by the standard. Often, however, dealers decide not to assume the burdens of certifying modified components and therefore decline to modify such components prior to sale.; The Federal Safety Standards do not apply to motor vehicles after the have been purchased by the consumer. After you purchase the car, the standards do not prevent you from modifying it, even if such modifications affect the ability of the car to meet the standards. If you purchased your car with the seat in its modified position, you can modify it or have the dealer modify it without incurring liability under the standards.; Yours truly, Richard B. Dyson, Assistant Chief Counsel