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Interpretation ID: 22058



    Mr. Bob Snyder
    Vice President
    Longacre and Associates, Inc.
    424 Fourth Street, Suite C
    Annapolis, MD 21403


    Dear Mr. Snyder:

    This responds to your letter asking about the audible seat belt warning requirements of Standard No. 208, Occupant Crash Protection. I regret the delay in our response. Specifically, you ask the following questions:

    1. Are vehicles allowed to have an intermittent audible warning longer than 8 seconds if a front seat occupant (driver or passenger) does not buckle his or her seat belt?

    2. If so, when did the requirement change to allow an intermittent audible warning longer than 8 seconds?

    3. Can the intermittent audible warning remain on indefinitely if the seat belt is not buckled?

    4. Are continuous audible warnings allowed indefinitely?

    5. What were the differences in the audible requirements for automatic and manual seat belt systems?

    You asked your questions in the context of an article you read about Ford's "Belt-Minder" device. The issues raised by your letter are discussed below.

    Paragraph S7.3 has long required that the driver's seating position be equipped with a seat belt warning system that activates, under specified circumstances, a continuous or intermittent audible signal for a period of "not less than 4 seconds and not more than 8 seconds."

    To meet this requirement, a manufacturer must provide a continuous or intermittent audible signal that lasts for a period no shorter than 4 seconds and no longer than 8 seconds. The issue raised by your letter is whether a manufacturer that meets this requirement may also voluntarily provide a continuous or intermittent audible signal that sounds outside the required 4-8 second period.

    As discussed below, it is our opinion that a manufacturer may voluntarily provide a continuous or intermittent audible signal that sounds outside the required period. However, as we discuss below, some means must be provided for differentiating the voluntarily provided signal from the required signal.

    We note that the 8-second limitation on the audible signal required by paragraph S7.3 reflects a statutory requirement. 49 U.S.C. 30124 provides, in relevant part, that a motor vehicle safety standard "may not require or allow a manufacturer to comply with the standard by . . . using . . . a buzzer designed to indicate a safety belt is not in use, except a buzzer that operates only during the 8-second period after the ignition is turned to the 'start' or 'on' position." Congress enacted the predecessor to this provision in 1974 as part of legislation responding to public resistance to seat belt interlock systems, which prevented a vehicle from starting unless its seat belts were fastened. The Conference Report noted that the legislation prohibited the establishment of a continuous buzzer (one longer than 8 seconds) "as a mandatory or optional motor vehicle safety standard." See House Report 93-14521, pp. 44-45.

    Given this statutory provision, the National Highway Traffic Safety Administration does not have the authority to require, or specify as a compliance option, an audible seatbelt warning that sounds outside the specified 8 second period. However, the statute does not prohibit vehicle manufacturers from voluntarily providing audible signals that sound outside that period. Nor do we believe it appropriate to interpret Standard No. 208 to prohibit manufacturers from voluntarily providing audible signals outside that period. We note that the Federal motor vehicle safety standards are "minimum standards," and manufacturers are permitted to go beyond the requirements of a standard. Moreover, we believe that Congress, in prohibiting this agency from specifying an audible seat belt warning longer than 8 seconds as a requirement or as an option, wanted to ensure that the Federal government would not be in the position of requiring or inducing vehicle manufacturers to provide a device that was unduly annoying or irritating to vehicle occupants, even though such a device might provide safety benefits. This does not, however, mean that vehicle manufacturers should be precluded from providing audible seat belt warning devices that sound outside the 8 second period that provide safety benefits without being unduly annoying or irritating.

    Given Standard No. 208's requirement that the required seat belt warning be no longer than 8 seconds, a vehicle manufacturer wishing to provide a voluntary audible signal must provide some means for differentiating the voluntarily provided signal from the required signal. Such differentiation could be provided in various ways, e.g., by time (the voluntarily provided signal begins well after the required signal ends) or sound (the voluntarily provided signal has a different sound than the required signal).

    I believe the above discussion is responsive to your first four questions. You also asked about the differences in the audible signal requirements for automatic and manual seat belt systems. However, you did not explain what sort of differences you are interested in. I note that the warning requirements for automatic seat belts may be found in paragraph S4.5.3.3 of Standard No. 208. While there are a variety of differences between S7.3 and S4.5.3.3, both paragraphs require activation, under specified circumstances, of a continuous or intermittent audible signal for a period of "not less than 4 seconds and not more than 8 seconds."

    Finally, I note that in a letter to Joseph W. Phebus, Esq., dated August 7, 1996, we took the position, in the context of S4.5.3.3, that a chime that sounded at intervals of one minute if the belt is not buckled would not be permitted, given the requirement that the required audible signal may not be activated for a period of more than 8 seconds. For the reasons discussed above, we have reconsidered that interpretation and conclude that it was incorrect.

    I hope this information answers your questions. If you have any further questions, please feel free to contact Edward Glancy of my staff at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

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    d.5/25/01