Interpretation ID: 2648o
2928 Coconut Grove Drive
Coral Gables, FL 33134
Dear Ms. Boniske:
This responds to your letter asking for an interpretation of the requirements of Standard No. 302, Flammability of Interior Materials, as they apply to "materials used in the manufacture of an aftermarket product which will be utilized in the occupant compartment of a vehicle." In an October 27, 1987 telephone conversation with Ms. Hom of my staff, you mentioned in particular an item of equipment consisting of a pad for cushioning safety belts. Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302.
Standard No. 302 is a vehicle standard and as such applies to completed vehicles. No vehicle can be manufactured unless the materials used in it comply with the requirements of the standard. The general rule is that aftermarket products may be added to vehicles, even if the addition of those products causes the vehicle to no longer comply with the requirements of Standard No. 302, without violating the requirements of Federal law.
This general rule is, however, limited by the application of the provisions of Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (copy enclosed). That section specifies: "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 . . ." NHTSA would consider the installation of safety belt pads that do not meet the requirements of Standard No. 302 as "rendering inoperative" an element of design (flammability resistance) installed in accordance with an applicable Federal safety standard. Thus, a manufacturer, distributor, dealer, or motor vehicle repair business that installed a safety belt pad which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating section 108(a)(2)(A) of the Safety Act. We note also that, since safety belts are safety devices installed in accordance with Safety Standards No. 208, Occupant Crash Protection, and No. 209, Seat Belt Assemblies, those commercial businesses would be prohibited from installing the safety belt pad if its installation would impair the effective operation of the belts. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108.
The prohibitions of /108(a)(2)(A) do not apply to the vehicle owner rendering inoperative some element of design in his or her vehicle. Therefore, aftermarket safety belt pads may be sold to a vehicle owner for installation in his or her vehicle regardless of whether the pad complies with the flammability resistance requirements of Standard No. 302.
There are two factors which ought to be considered by the manufacturers of safety belt pads which do not satisfy the flammability resistance requirements of Standard No. 302. First is the possibility of liability under State and common law if those pads were to catch fire in a situation where a pad complying with Standard No. 302 would not have caught fire, or if those pads burn much more rapidly than pads that comply with Standard No. 302. Second is the possibility of a finding of a safety-related defect in your products. Sections 151-154 of the Safety Act require that, when an item or motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser. In any event, we urge you to ensure that your products would not negatively affect the safety provided by the underlying belt assembly.
I hope this information is helpful. Please contact us if you have further questions.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure ref:VSA#302#209 d:2/10/88