Interpretation ID: nht89-2.49

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: RICHARD J. STROHM

TITLE: NONE

ATTACHMT: LETTER DATED 11/09/87 FROM RICHARD J. STROHM TO EDWARD JETTNER -- NHTSA; FMVSS 207; OCC 1362; LETTER DATED 10/07/87 FROM RICHARD J. STROHM TO CHEVROLET DIVISION; 1987 CHEVROLET CAPRICE, 1G1BL51H0HX163146, 9000 MILES

TEXT: Dear Mr. Strohm:

This responds to your letter, referred to me by Mr. Edward Jettner of this agency, which asked the National Highway Traffic Safety Administration (NHTSA) to authorize the adjustment of the front seat in your Chevrolet Caprice by your automobile dealer. I regret the delay in responding.

Your letter and enclosure explained that you would like your dealer to move back the front bench seat in your newly-purchased vehicle to give you more leg room. You stated that the front seat in your new vehicle is mounted closer to the front of the vehi cle than the seat in your former car had been, and that you were more comfortable with the latter seat placement. You said that you contacted a customer service representative and that he told you Chevrolet is prohibited by law from moving the seat. Yo u asked how Chevrolet can obtain authorization to make the desired adjustments. Federal law does not directly prohibit your dealer from adjusting the seat; it does, however, indirectly set limits on the modifications.

By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers m ust certify that their new vehicles and equipment conform to all of our safety standards applying to their product. If a new vehicle is modified before its first sale to a consumer, the person making the modification would have to certify that the vehic le, as altered, continues to comply with all applicable Federal motor vehicle safety standards. Moving back a seat on a new vehicle could affect compliance with Standard No. 207, Seating System, Standard No. 208, Occupant Crash Protection, and No. 210, Seat Belt Assembly Anchorages. A dealer is not prohibited from making changes in the seat position as long as the modified seat and related safety components continue to perform in the manner required by the applicable standards.

Your situation involves the modification of a vehicle after its first sale to a consumer. While our safety standards apply only to new vehicles, there are some statutory restrictions on modifications of

this type. If a vehicle is modified after its first sale, then @ 108(a)(2)(A) of the Vehicle Safety Act would apply. That section provides, in pertinent part:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an ap plicable Federal motor vehicle safety standard . . .

Your dealer is not prohibited by @ 108(a)(2)(A) from making the seat adjustment if the adjustment can be made without rendering inoperative your vehile's compliance with any applicable Federal safety standard. It may be that the dealer you contacted has determined that it cannot move the seat rearwards without rendering inoperative a component or element of design now in compliance with the Federal safety standards.

The prohibition of @ 108(a)(2)(A) only applies to commercial businesses, not to individuals. Thus, under Federal law, vehicle owners may themselves make any modifications to their vehicles. They must, however, comply with any applicable State laws limi ting modifications.

If you have any further questions, please feel free to contact us.

Sincerely,