Interpretation ID: 1985-04.23

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Janet L. Nedoba

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Janet L. Nedoba Attorney at Law 111 Addison Elmhurst, Illinois 60126

Dear Ms. Nedoba:

Your letter of September 4, 1985, to the Consumer product Safety Commission was forwarded to our agency for reply, since we issue safety standards for motor vehicles under the authority of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.). You asked if there are regulations that would apply to a safety belt used in a race car.

Our agency has issued Safety Standard No. 209, Seat Belt Assemblies, which sets performance requirements for safety belts used in motor vehicles. A copy of the standard is enclosed. Section 102(3) of the Vehicle Safety Act (15 U.S.C. 1391(B)) defines a motor vehicle as "any vehicle driven or drawn by mechanical power manufactured primarily for the public streets, roads, and highways,...." Whether a race car would be considered a motor vehicle covered by our standard would be determined by whether it was used on the street or whether it was intended and sold solely for off-road use. If the race car was manufactured for off-road (or non-public road) use, the standard would not apply.

If you have further questions, please let me know. Sincerely, Erika Z. Jones Chief Counsel Enclosure

September 4, 1985 The Consumer Product Safety Commission 230 South Dearborn Street Chicago, Illinois Gentlemen:

I am presently working on a product liability lawsuit. The product involved is a safety belt designed for a race car, manufactured in 1979 by Rupert Industries, Inc. of Wheeling, Illinois, model number 85.

I would appreciate your forewarding to me any information you may have concerning standards applicable to this product or similar products.

Thank you for your cooperation. Very truly yours, Janet L. Nedoba JLN/jln