Interpretation ID: nht91-6.5

DATE: September 19, 1991

FROM: Earl H. Kester -- President, Seatco

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 10-23-91 from Paul Jackson Rice to Earl H. Kester (A38; Std. 208; VSA 108(a)(2)(A))

TEXT:

Seatco is a manufacturer of custom seating for the van, pickup and Surburban market both to bailment pool converters and to aftermarket accounts. My question concerning FVMSS 208 is directed to the aftermarket accounts. These are retail establishments that sell and install accessories on titled vehicles. Our opinion is that 208 compliance includes installing seats in a 1992 vehicle that falls under the 208 envelope. Our competition has taken the position that this is not true. There is a considerable difference in pricing based on a seat that will meet 208 standards and one that will not.

We need a ruling from NHSTA as to the proper position to take on compliance in our industry. The part of the law that we interpreted as compliance is under the section of " not rendering a safety item inoperable". Please respond as soon as possible as we are in grave need of a ruling.