Interpretation ID: nht91-3.15

DATE: April 9, 1991

FROM: Vicki Haudler

TO: Mr. Kratzke

TITLE: None

ATTACHMT: Attached to letter dated 5-10-91 from Paul Jackson Rice to Vicki Haudler (A37; Std. 208)

TEXT:

I am currently a second year law student from Mpls., MN. As part of my law school education requirements, I am writing a paper for an evidence Seminar class. My topic is the treatment of seat belt non use evidence in civil litigation. In support of my argument that seat belt evidence is relevant to questions of proximate cause, comparative fault and damages, and therefore should be admissible; I've obtained a copy of the rule promulgated by NHTSA, regarding Fed. Motor Vehicle Standards (49 CFR 57 Subordinate section S4.1.5 of 571.208 entitled "Mandatory seat belt use laws". It states that IF the Sec. of Transp. determines no later than April 1, 1989, that state mandatory seat belt laws have been enacted by two-thirds of the 50 states, then each passenger car manufactured after the date of the Secretary's determination must comply with certain federal requirements.

My question is, has the Secretary made that determination and if so, where can I find a copy of this determination? The only amendment to 571.208 occurred in Feb. of 1991 and concerns only "Hybrid II testing" on test dummies. (Fed. Register Vol. 56, No. 40, 8282).

I know this would be a perfect research assignment but I'm running out of time and our law librarians have been of little help. So that's why I've decided to write directly.

I'm giving an oral presentation on my paper on May 2nd and I'm sure I'll be asked about this so I'd like to be prepared.

Thank you for your anticipated cooperation - it will be much appreciated!

P.S. I've enclosed a stamped, self-addressed envelope for your convenience.