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Interpretation ID: 23491ogm



    Mr. Michael Crocker
    President
    JB Enterprises
    P.O. Box 21
    Grover, NC 28073


    Dear Mr. Crocker:

    This responds to your letter concerning a device for which your company has acquired "patent pending" status known as the "Safety Belt Latch." Although your letter does not describe the "Safety Belt Latch," you have indicated in telephone conversations with Otto Matheke of my staff that the "Safety Belt Latch" is intended to relocate the shoulder portion of a lap and shoulder seat belt and position this portion of the belt so it does not contact the neck or collarbone of vehicle occupants. Your letter indicates that the "Safety Belt Latch" will be marketed as an aftermarket product and will therefore not be installed on new vehicles. You request that this agency confirm your understanding that Federal safety standards do not apply to an aftermarket product such as the "Safety Belt Latch."

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts you provided.

    Your belief that no current Federal motor vehicle safety standard (FMVSS) applies to your product is correct. At this time, NHTSA does not have a standard or regulation for seat belt positioners. However, in a notice of proposed rulemaking (NPRM) published in the Federal Register on August 13, 1999 (64 FR 44164) (copy enclosed), we proposed to adopt a consumer information regulation for seat belt positioners. In the NPRM, we proposed to define "seat belt positioner" as "a device, other than a belt-positioning seat, that is manufactured to alter the positioning of Type I and/or Type II belt systems in motor vehicles." Among other things, the NPRM proposed to require the devices to be labeled as not suitable for children of a certain age, e.g., under 6 years old, or a certain height.

    It appears that the "Safety Belt Latch" would be considered a seat belt positioner under the proposed definition. If we issue a final rule adopting a consumer information regulation in this area, the rule's definition of "seat belt positioner" could be the same as the definition in the NPRM or a logical outgrowth of the proposed definition. We anticipate announcing a final decision on the NPRM in the near future.

    While no FMVSS currently applies to your product, your device is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicle equipment are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event the manufacturer or NHTSA determines that your product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. We encourage you to undertake a complete evaluation of your product to determine if its use would degrade the performance of safety belts.

    In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" the vehicle's compliance with any safety standard. It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. If your product were to be installed by a commercial business, the business must ensure that its installation does not compromise the safety protection provided by the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

    I hope this information has been helpful. If you have any other questions, please contact Otto Matheke of my staff at this address or by phone at (202) 366-5253.

    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosure
    ref:208
    d.10/25/01