Interpretation ID: nht74-5.5

DATE: 02/20/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: House of Representatives

COPYEE: LAWRENCE R. SCHNEIDER -- CHIEF COUNSEL, NHTSA; SIGNATURE BY RICHARD B. DYSON

TITLE: FMVSS INTERPRETATION

TEXT: In response to your February 11, 1974, request in behalf of a constituent, Mr. Frank Mills of Saint Louis, I would like to discuss the legal implications of modifications to the ignition interlock system on 1974 model passenger cars. I am not familiar with the booklet to which Mr. Mills refers.

The interlock is one part of Standard 208, which like any other safety standard issued under the National Traffic and Motor Vehicle Safety Act of 1966, applies to new vehicles only. Once a vehicle is sold for purposes other than resale and the buyer takes delivery, he may modify the system or legally have the system modified by an automobile repair service to accommodate circumstances, such as physical incapacity, which make use of the belts unwise or inconvenient.

Whether or not a dealer's disconnection of an interlock system under any given specified set of circumstances would be legally permitted is a conclusion which the courts would determine if called upon to decide such an issue. The position of this agency is that any act by a dealer to disconnect an interlock system which could be related to a sales transaction or the introduction into interstate commerce of a motor vehicle is prohibited. In this respect, we support H.R. 5529 which would prohibit any motor vehicle manufacturer, distributor, dealer, or repair business from removing or rendering inoperative any Federally-required safety equipment, including interlocks, from new or used vehicles. The prohibition would not apply to vehicle owners.

I have taken the liberty of forwarding a copy of this letter to Mr. Mills at his St. Louis address to assure receipt of the information by February 21, 1974.

February 11, 1974

Larry Schneider Chief Counsel National Highway Traffic Safety Administration

Will you please advise me on the legal aspects of the clarification of the seat belt law, which information has been requested by one of my constituents, Mr. Frank Mills, President of the Greater St. Louis Automotive Parts and Service Association of St. Louis, Missouri. For your information, I am enclosing herewith a copy of Mr. Mills' letter.

You will note that Mr. Mills has requested this information for use at the next meeting of his Association on February 21, 1974. If it is at all possible, I would like very much to fulfill his request.

Thank you for your cooperation in this instance.

Leonor K. (Mrs. John B.) Sullivan Member of Congress 3rd District, Missouri

Enclosure

GREATER ST. LOUIS AUTOMOTIVE PARTS & SERVICE ASSOCIATION

FEBRUARY 5, 1974

Lenore Sullivan 2221 Rayburn Bldg. Washington D.C. 20515

I am writing to request your booklet on the "Clarification of the Seat Belt" law. It is unlawful for the Automobile Dealers to disconnect this system, but an independent person feels he is not covered by this law. This does not seem logical.

When speaking with your Office, I explained as President of the Greater St. Louis Automotive Club, I wished to look into the proper legal aspects and discuss it at our next meeting, the 21st of February. They informed me, I must send my request to you and you would see it was received on time.

Thanking you in advance for your time and trouble.

Sincerely,

Mr. Frank Mills President

Copy: file

Please mail to:

Mr. Frank Mills 5204 Walsh St. Louis, Missouri 63109