Interpretation ID: Ellerltr

Ms. Penny Eller
1006 South Road
High Point, NC 27262-7944

Dear Ms. Eller:

This responds to your telephone inquiry asking if a repair business or dealership is obligated to restore an automatic shoulder belt which is no longer functioning to its original condition or if it is permissible for the belt to be repaired so that it operates manually.

As discussed below, Federal law does not require that the automatic belt system be restored to its original condition. However, this subject area could be covered by State law.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new motor vehicle equipment. One of the standards we have issued is Standard No. 208, "Occupant Crash Protection" (49 CFR 571.208). During those model years in which automatic belt systems could be used to comply with Standard No. 208, manufacturers installed automatic belts in passenger cars and light trucks as one method of complying with the occupant protection requirements of Standard No. 208.

While the Federal motor vehicle safety standards apply only to new motor vehicles and new motor vehicle equipment, Federal law does limit the modifications that can be made by certain businesses to used vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of a design installed on or in a motor vehicle in compliance with an applicable safety standard (49 U.S.C. 30122).

The "make inoperative" provision would prohibit a dealer or repair business from knowingly disabling safety equipment, such as an automatic belt, installed in compliance with an applicable safety standard. However, the provision does not impose an affirmative duty on dealers or other persons to repair equipment on a used vehicle that has ceased to function. Therefore, Federal law does not require restoration of a damaged or broken automatic belt in a used vehicle.

Despite the absence of any requirement in Federal law, State law may require restoration of automatic belts to their original condition. You may wish to contact the State of North Carolina to learn if there are any applicable laws or regulations. Additionally, you may wish to consult a private attorney about liability concerns, particularly if you sell the car.

In addition to the legal considerations, I note that, for vehicles being repaired for road-use, NHTSA recommends the repair, restoration, or replacement of all safety systems that may have been damaged in a crash or has otherwise ceased to function. These systems include the safety belts, air bag systems (including sensors), built-in child restraints, and other vehicle systems such as brakes, accelerator controls, transmission gear and "park" function, etc.

I hope this information is helpful. If you have further questions, please feel free to contact Otto Matheke of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:208
d.6/20/00