Interpretation ID: 22173

Edward A. Chapleau, Esq.
Chapleau & Kuehl
419 W. Jefferson Blvd.
P.O. Box 928
South Bend, IN 46624

Dear Mr. Chapleau:

This responds to your letter regarding the automatic seat belt system installed in a model year 1989 passenger car. I regret the delay in our response.

You note that under one of the options specified in S4.1.2.1 of Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection, certain requirements must be met by means that "require no action by vehicle occupants." You cite a situation where an 8 1/2 month pregnant female owned a 1989 passenger car with a three-point automatic seat belt system. You state that the person advises that:

when she would open the door to get into the vehicle, she had a difficult time because the lower portion of the belt would catch on her legs thereby causing the door to pull shut before her entire body was inside the vehicle and in the seat. Therefore, she unlatched the belt system during her pregnancy so she could more easily enter the vehicle and then would latch the buckle once she was in the driver's seat.

You also state that there were other instances when:

the driver entered the vehicle with the belt latched and the seat belt would end up around the driver's knees when the door was closed. It would be necessary to move the belt from the knees to the pelvis.

You ask: "Under the above circumstances, would this constitute action required by the driver?"

In a notice published in the Federal Register on November 6, 1985 (50 FR 46056, 46063-64), the National Highway Traffic Safety Administration provided an interpretation of the phrase "no action by vehicle occupants" for automatic seat belt systems. NHTSA explained:

The concept of an occupant protection system which requires "no action by vehicle occupants," as that term is used in Standard No. 208, is intended to designate a system which will perform its protective restraining function after a normal process of ingress or egress without separate deliberate actions by the vehicle occupant to deploy the restraint system. Thus, the agency considers an occupant protection system to be automatic if an occupant has to take no action to deploy the system but would normally slightly push the safety belt webbing aside when entering or exiting the vehicle or would normally make a slight adjustment in the webbing for comfort.

I am enclosing a copy of that notice for your convenience. This interpretation was included in Standard No. 208 in the form of a note at the end of the standard.

In evaluating whether a vehicle's automatic seat belt system requires no action by vehicle occupants, we would consider generally whether "an occupant has to take no action to deploy the system but would normally slightly push the safety belt webbing aside when entering or exiting the vehicle or would normally make a slight adjustment in the webbing for comfort," and not the actions of specific individuals.

I hope this letter answers your questions. Should you have any more questions, please feel free to call Otto Matheke of my office at 202-366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:208
d.5/11/01