Interpretation ID: 19283.ogm

E. Pluribus Law Firm, P.C.
P.O. Box 326
Leland, MI 49654

Re: FMVSS 209

Dear Sir or Madam:

This responds to your letter concerning the test requirements of Standard No. 209, Seat Belt Assemblies. Your questions relate to provisions addressing the performance of seat belt buckles under this safety standard. Specifically, you ask several questions about what you describe as the "partial engagement" provisions of Standard No. 209. Your seven questions, and our response to each question are provided below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

l. How does NHTSA define "partial engagement" under FMVSS 209 3.21 & 5.27?

ANSWER: We note that Standard No. 209 does not contain either section you refer to in your question. However, S4.3(g) and S5.2(g) of Standard No. 209, respectively, each use the phrase "partial engagement" in describing the minimum performance criteria and the test procedures for assessing buckle performance. Under S4.3, a seat belt buckle with a metal-to-metal buckle must separate when subjected to a force of not more than 22 newtons 95 pounds) or less when in any position of "partial engagement." The meaning of the phrase "partial engagement" is not defined in Standard No. 209 and has not been previously interpreted by NHTSA insofar as it applies to this particular standard. We believe that "partial engagement" is that position where the male end and the female receptacle of a seat belt assembly is neither fully engaged and latched nor fully disengaged. Therefore, the two components are partially engaged when the male end is inserted into the receptacle but has not been inserted to the point where the latching mechanism has closed.

2. Is "partial engagement" one of the phenomena which NHTSA is concerned about in the language of FMVSS 209 3.5 - "Buckle release mechanism shall be designed to minimize the possibility of accidental release"?

ANSWER: No. As used in this Standard, "partial engagement" is not a phenomenon but is a state in which the buckle assembly is placed to test the resistance of the assembly to separation or disengagement when it is not in the fully latched position. The requirement in S4.1(e) that buckle release mechanisms be designed to minimize the possibility of accidental release is intended to provide some assurance that buckles will not be inadvertently released once in the latched position.

3. Is it correct that FMVSS 209 3.21 preclude [sic] certification of any buckle which requires more that 5 lbs. to release from any position of partial engagement? Specific reference should be made to the language "a metal buckle shall separate when in any position of partial engagement by a force of not more than 5 pounds (2.3 Kg)" in interpreting this provision.

ANSWER: Again, we note that Standard No. 209 does not contain the section cited in your question. However, the language cited in your question is found in S4.3(g) of the Standard. If this is, in fact, that section that your question refers to, the answer is yes.

4. Assuming no testing of maximum engagement is required under FMVSS 209 5.27 if it is determined that partial engagement is not possible "by means of a technique representative of actual use", how important is it to conduct a fair and adequate test of "representative use?"

ANSWER: In answering this question, we assume that you are referring to S5.2(g) of Standard No. 209. In certifying compliance with a standard, manufacturers must make efforts to ensure that they have exercised due care. If the agency testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If there is a noncompliance, the manufacturer must conduct a recall campaign to remedy the problem. In addition, the manufacturer is subject to civil penalties unless it can establish that it exercised "due care" in the design and manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not comply with the safety standards.

5. What is a fair and adequate test to determine "whether partial engagement is possible by means of a technique representative of actual use" under FMVSS 209 5.27?

ANSWER: This agency has long stated that it is unable to judge what efforts would constitute "due care" in advance of the actual circumstances in which a noncompliance occurs. What constitutes "due care" in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and, above all, the diligence exercised by the manufacturer.

6. Would the NHTSA interpretations provided above be the same in 1988-91 as they have been provided in response to the request for interpretation herein.

ANSWER: Yes.

7. If the response to request No. 6 is negative, please identify all interpretations which would have been different and the underlying basis for the change in interpretation between 1988-91 and present.

ANSWER: See the answer to item 6 above.

I hope you find this information helpful. If you have any other questions, please contact Otto Matheke of my staff at this address or by phone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:209
d.7/8/2000