Interpretation ID: 3241yy
Director
The City of New York
Police Department
Motor Transport Division
53-15 58th Street
Woodside, NY 11377
Dear Mr. Buonora:
This responds to your letter of November 1, 1991, "regarding the removal of the operating handle for the reclining mechanism of the 1991 Chevrolet police car split bench seat." You asked for "a written determination stating whether or not the removal of the operating handle violates the seat safety standard and any possible NYPD legal liability in the event of an accident." I am pleased to have this opportunity to explain the requirements of Federal law for you.
The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale.
After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with a safety standard. Therefore, if a business in any of the aforementioned categories removed the reclining mechanism operating handle, it would need to ensure that the vehicle continued to comply with all applicable safety standards following the removal.
Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, the City of New York Police Department may itself remove the operating handle for the seat reclining mechanism on vehicles it owns without violating the "render inoperative" provision or any other provisions of the Safety Act, even if such removal did result in the vehicle no longer complying with all applicable safety standards.
However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of New York to learn if it has enacted any laws or regulations that apply to your planned modification. In addition, since legal liability is a matter of state law, you may wish to consult with an attorney familiar with the law in the State of New York regarding potential liability.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:VSA d:12/3/9l