Interpretation ID: aiam3081
United States Senate
Washington
DC 20510;
Dear Senator Boren: This responds to your letter of August 2, 1979, on behalf of you constituent, Mr. Thomas J. Weaver, regarding problems he is having with the automatic belt system on his Volkswagen Rabbit. Apparently, the belt system does not properly fit Mr. Weaver, and Volkswagen has stated it cannot lower the driver's seat to correct the problem because of Federal regulations.; Before getting into the details of this matter, I want to express m admiration for Mr. Weaver in his efforts to obtain the benefits of his safety belts. It is discouraging to hear that a person wishing to use his belts is unable to do so. However, I must stress that we have no authority to compel a manufacturer to alter a vehicle in a situation like this. The most we can do is attempt to clarify whether it is federal law or other factors that led to Volkswagen's reluctance to make the alterations desired by Mr. Weaver.; The discussion in the letter you received from Mr. Kenneth Adams Volkswagen's Washington representative, needs some clarification. Safety Standard No. 208, *Occupant Crash Protection* (49 CFR 571.208), requires passenger cars to be equipped with safety belts that adjust to fit drivers ranging in size from the 5th-percentile adult female (weighing about 102 pounds) to a 95th-percentile adult male (weighing about 215 pounds). Therefore, the regulation requires safety belts to fit *at least* 90 percent of the driving population. Of course, nothing prohibits manufacturers from designing their belts to fit 100 percent of the population, and the agency encourages manufacturers to do so. The standard is only a minimum requirement, allowing manufacturers some leeway because of unusual body sizes at either end of the spectrum.; Mr. Adams also stated in his letter to you that lowering the seat woul change the performance characteristics of Volkswagen's belt system and would make it necessary 'to begin the entire testing process for certification again.' This statement too requires clarification. At the present time, Safety Standard No. 208 does not require safety belts as installed in motor vehicles to meet dynamic performance requirements. Dynamically testing safety belts would entail restraining a test dummy with a vehicle's safety belts and testing their performance by crashing the vehicle into a test barrier. In such testing, the position of the seat in relation to the belts would be important. However, the current requirements do not involve testing safety belts inside the vehicle. They require that the belts meet certain laboratory tests and that belts capable to (sic) passing those tests be installed in new vehicles.; Further, regardless of the type of performance standards involved lowering the seat of a used vehicle could not raise any question about recertification. Certification relates to new vehicles exclusively. The only question which lowering the seat would pose under our statute, the National Traffic and Motor Vehicle Safety Act, would be whether lowering the seat would cause equipment installed pursuant to Federal safety standards to no longer be in compliance. Section 108(a)(2)(A) of the Act prohibits manufacturers, distributors, dealers and repair businesses from knowingly rendering inoperative safety equipment. If this prohibition is the concern of Mr. Adams of Volkswagen, perhaps he can clarify for you constituent how Volkswagen believes lowering the seat would violate that prohibition. Mr. Adams does not state that lowering the seat would preclude the belt system from adjusting to fit the range of people specified in the standard.; It may be that Volkswagen's reluctance to lower the seat stems from concern about products liability. Lowering the seat could very well alter the performance of the Volkswagen automatic belt system.; In an effort to promote further clarification of Volkswagen's position I am sending a copy of this letter to Mr. Adams. The only further thing I can do is suggest that Mr. Weaver contact Mr. Adams again and obtain his reaction to my letter. Perhaps we can then see what other alterations are available. I hope some adjustment can be made to accommodate Mr. Weaver.; Sincerely, Joan Claybrook