Interpretation ID: 21668.jeg

Romulo R. Frederick, Esq.
Attorney and Counsellor at Law
One River Plaza
4 West Las Olas Boulevard
Suite 700
Fort Lauderdale, FL 33301

Dear Mr. Frederick:

This responds to your letter asking about Federal requirements for air bags. You are representing an individual who was seriously injured in a crash where the air bag in his 1995 passenger car failed to deploy. You stated that the automaker is denying liability "based on its Technical Analysis Group's review and conclusion 'the direct frontal collision forces were not within the threshold for deployment', and thus SRS deployment not warranted; even though the impact was well within 30 degrees of direct center of the vehicle." You asked whether there are any regulations governing air bag deployment and the conditions for deployment. Your question is addressed below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards covering new motor vehicles and new motor vehicle equipment. One of the standards we issued, Standard No. 208, Occupant Crash Protection (49 CFR 571.208) required 1995 passenger cars to provide automatic crash protection. Vehicles equipped with automatic crash protection protect their occupants by means that require no action by vehicle occupants. The only two systems used to meet this requirement were air bags and automatic seat belts. An amendment to Standard No. 208 made air bags mandatory in all passenger cars and light trucks in the late 1990's.

Among other things, Standard No. 208 specifies that vehicles meet certain performance requirements in crash tests. These tests are conducted with instrumented test dummies placed in the front outboard seating positions of the vehicle. During the tests, the forces measured on the dummies may not exceed specified limits. However, the standard does not specify any crash severity threshold where the air bag must, or must not, deploy.

You also expressed interest in a list of vehicles that were recalled for defective air bags. NHTSA's Office of Defects Investigation has previously provided that list.

I hope this information is helpful. If you have any further questions, please feel free to call Edward Glancy of my staff at 202-366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:208
d.8/4/00