Interpretation ID: nht73-5.33

DATE: 10/26/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: L.E. Haight, Esq., Attorney at Law

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 21, 1973, concerning your desire to disconnect the interlock system on your new car.

The dealer who sold you the car was required to have the interlock working at the time of sale, pursuant to section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)). However, section 108(b)(1) of the Act (15 U.S.C. 1397 (b)(1)), provides that the requirements of 108(a)(1) do not apply after the first purchase of the vehicle for purposes other than resale. As a purchased who intends to use the vehicle, you are therefore not subject to the requirements of the Act and may disconnect the interlock.

Despite the absence of legal sanctions for disconnecting the interlock, we would hope that you could find a way to adjust the belt so that it could be worn without aggravating your bursitis. The physical sanctions for an unbelted person in a crash can be serious indeed.

SINCERELY,

LLOYD E. HAIGHT

ATTORNEY AT LAW

September 21, 1973

National Highway & Traffic Administration

Attention: Bobby A. Boaz

I am writing to you regarding the automobile interlocking seat belt device which has been installed pursuant to your instructions under the National Traffic and Motor Vehicle Act of 1966 and regulations issued thereunder.

For several years, I have suffered with bursitis in my hip joints and I have found that my physical problem is greatly aggravated by being held into an automobile seat by a belt. It seems that the imperceptible vibration of an automobile seat is transmitted into my hip joints to a much greater extend by reason of being locked into a seat by a seat belt. Because of this, I must have periodic treatments from an orthopedic physician.

My purpose in writing to you is to inquire whether or not it is possible, upon presentation of a medical certificate, to obtain an exception to your regulations as to the new seat belt interlocking arrangement. I have just purchased a 1974 automobile and unless I can obtain a release from your agency, I feel I will not do much traveling by automobile.

Your early response would be appreciated.

L. E. Haight