Interpretation ID: 8962
Allied Service Systems Manufacturing
P.O. Box 6027
Phoenix, AZ 85005
Dear Mr. McCue:
This responds to your letter to Mr. Ed Jettner of this agency concerning an occupant restraint system you have developed to protect medics and attendants in the back of ambulances. I apologize for the delay in our response.
The system consists of a vest worn by the attendant which is attached by a tether strap to the ambulance. During an August 23, 1993 phone call with Mary Versailles of my staff, you explained that the tether straps include retractors which lock during a crash. During this phone call you also stated that the back vest can be attached to two tethers on the vehicle wall adjacent to the bench seat, and that the front of the vest is attached to another tether on the opposite wall. You asked for advice on "how regulations are established and how products are tested to meet standards."
The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment is in conformity with all applicable safety standards. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.
NHTSA has exercised its authority to establish three safety standards that may be relevant to a vest and tether system for ambulance attendants. The first is Standard No. 208, Occupant Crash Protection, which sets forth requirements for occupant protection at the various seating positions in vehicles. Ambulances, which are classified as multipurpose passenger vehicles under our regulations, are required to have safety belts
at each designated seating position. The second relevant standard is Standard No. 302, Flammability of Interior Materials. This standard specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles, including ambulances. The third relevant safety standard is Standard No. 209, Seat Belt Assemblies, which sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies.
Standards No. 208 and No. 302 apply, with certain exceptions that are not relevant to your product, to vehicles and not directly to items of equipment. Thus, the vehicle manufacturer, and not the equipment manufacturer, is responsible for certifying compliance to these standards. Standard No. 209, however, applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements.
Standard No. 209 defines a "seat belt assembly" as "any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt assembly in a motor vehicle." Thus, your vest and tether system would be considered a "seat belt assembly," and the manufacturer of the system would be required to certify that it complies with Standard No. 209 before it could be sold.
If the vest and tether system was installed as original equipment by the vehicle manufacturer, the vehicle manufacturer would be required to certify that the vehicle complied with all applicable safety standards with that equipment installed in the vehicle. If the device was added to a new ambulance prior to its first sale, e.g., by the dealer, the person who modified the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.
I note that in your phone conversation with Ms. Versailles, you stated that your ambulances do have safety belts on the bench seat, however, these do not provide the mobility needed by the attendants when they are caring for a patient. It is our understanding that you intend the vest and tether system to supplement the original safety belts. If your vest and tether system were installed in addition to the safety belts required by Standard No. 208, and provided that the installation did not interfere with the required safety belts, such installation would not affect the compliance of the vehicle with Standard No. 208, since the standard's requirements would be fully met by the original belts.
After the first purchase of a vehicle for purposes other than resale, the only provision in Federal law that affects the vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act. That section provides that:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.
This provision would prohibit any of the named commercial entities from installing your system if such installation rendered inoperative the compliance of the vehicle with any applicable safety standard. For example, if the material used in your system did not meet the burn resistance requirements of Standard No. 302, installation of the system would render inoperative compliance with that standard. The render inoperative provision does not prohibit owners from modifying their vehicles, even if such modification adversely affects the compliance of the vehicle with safety standards. However, this agency encourages vehicle owners not to make any modifications which would negatively affect the occupant protection systems installed in their vehicles. Also, vehicle modifications by owners may be regulated by state law.
In addition to certifying that your vest and tether system complies with Standard No. 209, I urge you to exercise care in evaluating how effective this system would be in an actual crash situation. The original belt system supplied with the vehicle limits the motion of the occupant by keeping the occupant attached to the seat. Your system would have a dual purpose: allowing the attendant sufficient mobility to care for a patient and protecting the attendant in a crash. The tether on your system will not achieve this second purpose if it allows too much motion within the compartment.
You may wish to consult a private attorney familiar with the law in the State of Arizona regarding potential liability in tort for your business. I also note that every State provides for some degree of civil liability for consumer products and repair work.
I have also enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials.
I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
ref:VSA#208#209#302 d.2/10/94