Interpretation ID: Magrin.jeg
126 Crabapple Road
Trumbull, CN 06611
Dear Mr. Magrin:
This responds to your request by telephone to have the passenger air bag of your car deactivated. You explained that you have a baby who was born very premature and who just came home from the hospital. The baby is on a respirator and heart monitor and requires special monitoring.
As discussed below, we would consider the special needs of your child as sufficient justification for not taking enforcement action against a dealer that either temporarily deactivates the passenger-side air bag to accommodate your child, or places a cutoff switch in the vehicle for the same purpose.
Federal law now requires that new cars be equipped with automatic crash protection at the front outboard seating positions. The air bags in your car were installed as a means of complying with that requirement.
The law also prohibits dealers and repair businesses from knowingly making inoperative devices, such as air bags, installed to comply with a safety standard. However, in very limited situations in which a vehicle must be modified to accommodate a person's special physical needs, the National Highway Traffic Safety Administration has in the past stated that we would consider violations of the "make inoperative" provision as technical, justified by public need, and that we would not institute enforcement proceedings.
We would regard a temporary deactivation of the passenger-side air bag in your car, or the addition of a cutoff switch, in the same way. Infants riding in rear-facing child safety seats should never be placed in the front seat of a vehicle with a passenger-side air bag. Since your baby is on a respirator and heart monitor and requires special monitoring, we would consider your situation as sufficient justification for not taking enforcement action against a dealer that temporarily deactivates the passenger-side air bag, or installs a cutoff switch, to accommodate your child.
I want to add a caution. The purpose of the "make inoperative" provision is to ensure, to the degree possible, that current and subsequent owners of a vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Accordingly, if you have the air bag deactivated, we strongly encourage you to have the air bag reactivated by the dealer when your child can ride in the rear seat.
In addition, I strongly encourage you to ensure that passengers in your vehicle use their safety belts.
I hope that this letter resolves your problem. If you have any other questions, please contact Edward Glancy of my staff at this address or by phone at (202) 366-2992.
Sincerely,
John Womack
Acting Chief Counsel
ref:208
d:10/30/96