Interpretation ID: 86-3.35

TYPE: INTERPRETATION-NHTSA

DATE: 05/29/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Brenda Hartman

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of February 27, 1986, asking how our regulations affect a product you are considering. In your letter, you asked the agency not to disclose your idea for this product. In a phone conversation of April 28, 1986, with Stephen Oesch of my staff, you waived your request for complete nondisclosure and agreed to the disclosure of a generic description of your product. As you requested, we will not disclose the specific details of your product or the sketches you enclosed with your letter.

Your product is designed to reduce the possibility that a young child could unbuckle a vehicle safety belt. The product would enclose the buckle of the safety belt, so that it is difficult for a child to operate the buckle release.

We have significant reservations about your product. I hope the following discussion explains our reservations and the effect of our regulations on your product.

Our agency has the authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.

Although we do not have any standards that directly apply to your product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your product are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency has reservations about your product because of our concern that people be able to easily and quickly operate a safety belt in an emergency. As the agency said last year on the related topic of the force level necessary to operate buckles in child restraints:

The agency's safety concerns over child restraint buckle force release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in instances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger the child in the restraint and the adult attempting to release the child. (50 FR 33722, August 21, 1985)

In addition, use of your product can be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. One requirement of Standard No. 209, Seat Belt Assemblies, is that the pushbutton release for a safety belt must have a a minimum area for applying the release force. Installation of your device by a commercial business could be prohibited since it apparently would substantially reduce the minimum area available for applying the release force to the safety belt pushbutton. In addition, Standard No. 302, Flammability of Interior Materials, requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that the safety belt no longer meet the flammability resistance requirements of Standard No. 302.

The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Installation of your product by any person could be inconsistent with that policy.

If you have any further questions, please let me know.

SINCERELY,

THIS IS A PROPIATARY IDEA, NOT FOR DISCLOSURE.

February 27, 1986

Erika Jones Chief Counsel N.H.T.S.A.

RE: Inquiry of safety standards.

Dear Miss Jones,

I am submitting to you my idea. I would like to know if there are any safety standards which may prohibit me from proceeding with such a product.

I appreciate your cooperation in this matter and would like a response at your earliest convience.

Sincerely,

Brenda Hartman 8617 CRESTON PINCKNEY, MI 48169 (313) 878-2413