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Interpretation ID: 5-6-02Corlltr

Ms. Mary L. Corl
217 S. West Boulevard
Elkhart, IN 46514

Dear Ms. Corl:

This responds to your May 1, 2002, electronic mail message to Mr. Tewabe Asebe of the Office of Safety Performance Standards at the National Highway Traffic Safety Administration (NHTSA). Your inquiry was referred to my office for reply. You ask about the Federal requirements that apply to the modification of a used van. You are particularly interested in the replacement of the vehicles "seats, seat belts, pedestals, carpet, blinds, leather-wrapped steering wheels, floor mats, windows, dash kits and wood overhead and floor console."

By way of background, 49 U.S.C. 30101, et seq., authorizes this agency to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Under 49 U.S.C. 30112, each person selling a new vehicle must ensure that the vehicle is certified as complying with all applicable FMVSS in effect at the time the vehicle was manufactured. Generally speaking, once a motor vehicle is sold to its first retail purchaser, its use and any modifications made to it become a matter of State, rather than Federal, interest. Thus, owners of used vehicles may personally make any modifications or alterations they want to their vehicles without regard to the FMVSSs, subject only to applicable State requirements.

There is, however, a limit on modifications of used vehicles by commercial entities. You indicated in your letter that a "company" is planning to replace the items you identified. Section 30122 of our statute prohibits manufacturers, distributors, dealers, or motor vehicle repair businesses from making inoperative any device or element of design installed on or in a motor vehicle or equipment in compliance with a Federal motor vehicle safety standard. Violations of 30122 can result in Federal civil penalties of up to $5,000 for each violation, up to a maximum penalty of $15,000,000 for a series of related violations. 49 U.S.C. 30165. Yet, the "make inoperative" prohibition and associated civil penalty provision do not apply to situations where some items of motor vehicle equipment are only being replaced because they are broken. If you have questions about how NHTSAs requirements would apply to a specific part that you or the company are planning to install, please feel free to contact us with information about the modification.

For your general information, NHTSA has the following FMVSSs that might be relevant to the modification you described:

  • FMVSS No. 201, Occupant Protection In Interior Impact (49 CFR 571.201), which specifies performance requirements for padding of vehicle interiors and header areas;

  • FMVSS No. 203, Impact Protection Of The Driver From The Steering Control System (49 CFR 571.203), which specifies requirements for steering wheels;

  • FMVSS No. 205, Glazing Materials (49 CFR 571.205), which specifies performance requirements for windshields and other vehicle windows. This standard applies to both original and replacement glazing. Any new glazing installed in the vehicle would have to meet Standard No. 205.

  • FMVSS No. 207, Seating Systems (49 CFR 571.207), which establishes strength and other performance requirements for vehicle seats (including pedestals);

  • FMVSS No. 208, Occupant Crash Protection (49 CFR 571.208), which sets forth occupant protection requirements at the various seating positions in vehicles such as the ones you describe manufactured after September 1, 1991, and with a gross vehicle weight rating of 10,000 pounds or less;

  • FMVSS No. 209, Seat Belt Assemblies (49 CFR 571.209), which sets strength, durability and other requirements for seat belts;

  • FMVSS No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), which establishes strength and location requirements for seat belt anchorages; and

  • FMVSS No. 302, Flammability of Interior Materials (49 CFR 571.302), which specifies the flammability resistance of seats, seatbelts, and other materials in the interior of the vehicle including floor coverings (such as carpet and floor mats), ceiling coverings (such as wood overhead), and window coverings (such as blinds).

    • We believe that safety is best assured if the performance of the original safety systems is maintained on vehicles on the road. NHTSA urges vehicle owners not to degrade the performance of the safety systems on their vehicles.

    I hope this information is helpful. Enclosed is a fact sheet explaining how to obtain copies of all FMVSS. If you have additional questions, please do not hesitate to contact Robert Knop of this office at (202) 366-2992.

    Sincerely,
    Jaqueline Glassman
    Chief Counsel
    Enclosure
    ref:misc.
    d.6/11/02