Interpretation ID: nht91-7.23

DATE: November 29, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Michael H. Dunn -- Micho Industries

TITLE: RE: R-Bar Occupant Restraint System

TEXT: This is in response to your letter dated November 3, 1991 to Mr. Charles L. Gauthier updating him on your progress with the R-Bar Occupant Restraint System. The materials that you enclosed with the letter include articles from The Scranton Times and Santa Barbara News-Press. The Scranton Times article states that the Department of Transportation has "evaluated and approved" the R-Bar Occupant Restraint System. The Santa Barbara News-Press article states that the National Highway Traffic Safety Administration (NHTSA) "has gone on record that these devices meet or exceed all applicable Federal Motor Vehicle Safety Standards." Additionally, it has been reported to us that Micho Industries is making similar oral representations to potential customers.

All of these representations are incorrect. Neither the Department of Transportation nor the NHTSA has approved the R-Bar Occupant Restraint System. The NHTSA does not provide approvals of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment meet all applicable standards. Furthermore, to state that the R-Bar meets or exceeds all applicable standards is grossly misleading when there are, in fact, no standards directly applicable to this device.

Therefore, I must insist that you immediately refrain from representing that NHTSA approves the R-Bar Occupant Restraint System, that it meets applicable Federal standards, or that NHTSA has gone on record as stating that it meets any standards. Should you continue such representations NHTSA will have no other choice but to bring the appropriate legal action against you.