Interpretation ID: 77-4.3

TYPE: INTERPRETATION-NHTSA

DATE: 09/23/77 EST

FROM: ROBERT L. CARTER -- NHTSA ASSOCIATE ADMINISTRATOR MOTOR VEHICLE PROGRAMS

TO: ROBERT K. DORNAN -- MEMBER, UNITED STATES HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: LETTER DATED 7/29/77 FROM WILLIAM B. STOVER TO BRIAN YOUNG OF CONGRESSMAN DORNAN'S OFFICE; LETTER DATED 3/4/71 FROM MR. FERGUSON -- NHTSA MOTOR VEHICLE PROGRAMS TO EISUKE NIGUMA OF TOYOKOKYO COMPANY, LTD.

TEXT: Dear Mr. Dornan:

This is in response to your letter of August 8, 1977, to the U.S. Consumer Product Safety Commission, forwarding a letter from Mr. William B. Stover, concerning seat belts in his 1977 Datsun.

The automotive businesses, contacted by Mr. Stover to have the third belt assembly installed in the rear seat of his vehicle, are apparently basing their denials to accept the work on Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1397 (a)(2)(A)) which prohibits, except in the process of repair, a manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed in a motor vehicle in compliance with applicable standards. I am assuming their fears would be that the installation of the additional belt assembly might compromise the effectiveness of the other two belt assemblies in a crash situation by increasing the load in the area of the inboard belt anchorages beyond the design limits if two adults inadvertently used one of the existing belt assemblies and the new belt assembly, and a potential product liability situation might be created.

I sincerely appreciate Mr. Stover's desire to modify his vehicle, not to circumvent the safety standard, but to protect his children. There is no provision in the Act that prevents Mr. Stover from modifying his vehicle, however, the automotive repair facilities cannot be forced to make the modification. Mr. Stover is free to purchase and install the belt assembly himself.

I hope this information is sufficient to satisfy Mr. Stover. Please contact me again if you need further information.

Sincerely,