Interpretation ID: 1933y
4111 Blood Road
Metamora, MI 48455
Dear Mr. Kahle:
This responds to your letters to Mr. Jettner of our Office of Vehicle Safety Standards asking about the application of Federal safety standards to your manufacture of an "aftermarket" head restraint for light trucks. Your letters have been referred to my office for reply. I regret the delay in responding.
You ask whether you need this agency's approval of your product. The answer is no. The National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (copy enclosed) to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the Safety Act, each manufacturer of a motor vehicle or item of motor vehicle equipment is required to certify that its products meet all applicable safety standards.
There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. Our standard for head restraints (Standard No. 202) applies only to completed new passenger cars and not to a head restraints sold as an item of "aftermarket" equipment for pickup trucks.
However, there are other Federal laws that indirectly affect your manufacture and sale of the head restraint device. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your head restraints contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
A commercial business that installs your head restraint would be subject to provisions of the Safety Act that affect whether the business may install your product on a vehicle. Section 108(a)(2)(A) of the Act states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your head restraint device on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302, Flammability of Interior Materials (copy enclosed). Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108.
However, the prohibitions of /108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the head restraint, even if doing so would negatively affect some safety feature in his or her vehicle.
You ask for a copy of an "order" requiring head restraints on new pick-up trucks in 1991. Please note that NHTSA has thus far only proposed to require head restraints in new light trucks and vans (10,000 pounds or less gross vehicle weight rating), and has proposed a September 1, 1991 effective date for the requirement, if the proposed rule is adopted. I have enclosed a copy of the proposal for your information. We expect to announce the agency's next step in the rulemaking proceeding shortly.
I hope this information is helpful. Please feel free to contact us if you have further questions.
Sincerely,
Stephen P. Wood Acting Chief Counsel
Enclosures /ref:VSA#202#302 d:8/7/89