Interpretation ID: aiam2169
Corporate Secretary
American Safety Equipment Corporation
16055 Ventura Blvd.
Encino
CA 91436;
Dear Mr. May: This responds to American Safety's December 5, 1975, question whether state or local government agency such as a municipal policy department may modify Type II seat belt assemblies to permit detachment of the upper torso restraint, and whether a seat belt manufacturer may 'participate in the modifications of the vehicle and seat belt assemblies.'; Section 108(a) of the National Traffic and Motor Vehicle Safety Ac (the Act) (15 U.S.C. S 1397(a)(2) prohibits a manufacturer, distributor, dealer, or repair business from 'knowingly render[ing] inoperative, in whole or part, 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 [except during a repair].' This prohibition applies to changing a non-detachable upper torso restraint to a detachable upper torso restraint.; Under this language of the Act, the police department would not b prohibited from modification of the seat belts. A manufacturer could not actively participate in the modification of the vehicles. Sale of a seat belt assembly to the police department would not of itself, however, constitute a violation of the Act.; Yours truly, Richard B. Dyson, Assistant Chief Counsel