Interpretation ID: 1985-02.23

TYPE: INTERPRETATION-NHTSA

DATE: 05/01/85 EST

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mrs. Chris Condon

TITLE: FMVSS INTERPRETATION

TEXT:

Mrs. Chris Condon 5639 Lightspun Lane Columbia, MD 21045

Thank you for your March 1, 1985 letter to Stephen Oesch of my staff concerning the ignition interlock in your 1980 Volkswagen Rabbit. I regret the delay in our response. You ask whether an automobile dealer may legally disconnect this safety belt interlock.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act prohibits manufacturers, distributors, dealers and motor vehicle repair businesses from "rendering inoperative" any device or element of design installed in accordance with a Federal motor vehicle safety standard. The safety belt interlock system in your vehicle is not required by any of our safety standards. In addition, Section 108(a)(2)(C) of the Act expressly allows dealers to disconnect safety belt ignition interlocks. Thus, your dealer may disconnect the ignition interlock system without violating the "render inoperative" provision.

Please note, however, that a dealer who undertakes such a task must not render inoperative any device that is required by a vehicle safety standard. For example, the dealer may not remove the safety belts themselves nor disconnect a belt warning system required by our standards. You state that there is some confusion over the actual effects of disconnecting the interlock system. Before undertaking the procedure, your dealer should determine whether the belt warning system required by our standards would in fact still operate after disconnection of the interlock.

Also, you are correct that you, as an individual vehicle owner, are not subject to the "render inoperative" provision of the Vehicle Safety Act. Although the agency believes that motor vehicle safety devices are important and should not be tampered with, you may alter any safety feature in your car, even if the feature was installed to comply with our regulations.

I hope that I have answered your question. If you have any further questions, please feel free to contact me.

Sincerely, Jeffrey R. Miller Chief Counsel

5639 Lightspun Lane Columbia. MD 21045 March 1, 1985

Mr. Steven Oesch National Highway Traffic Safety Administration 400 7th St., S.W. Room 5219 Washington, D.C. 20590

Dear Steve,

As per our phone conversation of February 27. I am writing to request your legal opinion regarding the following:

Our 1980 Rabbit diesel has a passive restraint system which was a manufacturer's standard feature on the car when we purchased it. The seat belts in the front must be engaged or the car cannot be started. You told me that as an individual I could legally, disconnect the system allowing me to use the seat belts but not having the procedure linked to the starting of the car.

My question is - can a car dealer's mechanic at his place of employment disconnect the electrical connection legally? I have been told conflicting statements by two persons who work in Volkswagon service as to whether all belt warning would be eliminated if the belt- starter connection were to be severed. I plan to write to the appropriate person in the company to obtain a written opinion.

Your help is appreciated. Cordially, (Mrs.) Chris Condon