Interpretation ID: 77-3.13

TYPE: INTERPRETATION-NHTSA

DATE: 06/27/77

FROM: AUTOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Edward J. Flesch

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter to the President dated February 8, 1977, which has been forwarded to our office by the Department of Justice. You are concerned whether there is a Federal law that prohibits the replacement of a single part of a seat belt assembly, as opposed to replacement of the entire assembly.

The National Highway Traffic Safety Administration (NHTSA) issues safety standards and regulations that govern the manufacture of motor vehicles and motor vehicle equipment. Safety Standard No. 209, Seat Belt Assemblies, specifies requirements for seat belt assemblies to be used both as original equipment in passenger cars and as aftermarket replacement equipment. Vehicle manufacturers must certify that their vehicles are in compliance with all applicable safety standards, including Standard No. 209. There is no requirement in Standard No. 209, however, that would preclude the replacement or repair of a broken component in a seat belt assembly.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1381, et. seq.), provides that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. Therefore, none of the persons mentined could replace or repair a component of a seat belt assembly if that action would destroy the compliance of the assembly with Standrad No. 209. Violation of this section of the Safety Act could result in the imposition of civil penalties up to $ 1,000.

Perhaps it is General Motors' policy not to replace or repair a component of a seat belt assembly because of the possibility that the assembly might, thereby, be "rendered inoperative." From the point of view of General Motors, replacement of the entire assembly with a new, certified, assembly might be a safer practice. General Motors is certainly entitled to operate under such a policy. The policy is not, however, a Federal law.

SINCERELY,

February 18, 1977

The President The White House

I have a consumer problem and I don't know just where to go for a solution. I've contacted the following with no result.

Better Business Bureau

Department of Transportation

Consumer Product Safety Commission

General Motors Corporation

District Attorney's Office

Bureau of Consumer Protection

Senator Zorinski's Office

A plastic part that attaches the shroud to the retracting device of the front seat belts on my 1975 Chevrolet Nova has broken. I'm certain that the part should cost somewhat less than a dollar. The Regional Representative for General Motors has told me that a law forbids replacing only this part - that the entire seat belt system most be replaced at a cost of over ten dollars plus labor.

If a law does exist in such language that it must be interpreted that way, it should be changed. The part is easily inserted without effecting the safety function of the seat belt system. Its absence does cause damage to the back of the seat by allowing the shroud to catch on the seat fabric.

I have asked each of those I contacted if instructions can be issued allowing reinterpretation of any regulation or law forbidding the sale of the part. Each Government agency has denied responsibility or the ability to find a solution and referred me to one of the others.

This is a prime example of one of those bureaucratic messes of which you have spoken. I could probably manufacture a "do for it" in my own workship, but it has become much more important to me to unravel this mess than it is to repair the broken shroud. Please let me know what can be done.

EDWARD J. FLESCH

MAY 23, 1977

Edward J. Flesch

Your letter to the President dated February 8, 1977, regarding your complaint concerning General Motors' refusal to replace a part of your seat belt has been forwarded to the Department of Justice for response.

The Consumer Affairs Section contacted the Office of the Chief Counsel for the National Highway Traffic Safety Administration and advised them of your complaint. We were informed by that Office that it has jurisdiction over requirements for seat belt assemblies and anchorages. We are therefore forwarding your correspondence to the Office of the Chief Counsel for their consideration.

We hope this is of assistance to you.

John H. Shenefield Acting Assistant Attorney General Antitrust Division

cc: FRANK A. BERNDT