Interpretation ID: nht76-4.32

DATE: 12/29/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood for F. Berndt; NHTSA

TO: Department of Police - Detroit

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of November 9, 1976, asking whether Federal regulations permit manufacturers to equip police vehicles with "push bumpers" and with bullet-proof shields located between the front and rear seating compartments.

Standard No. 215, Exterior Protection, establishes requirements for the impact resistance and the configuration of front and rear vehicle surfaces of passenger cars. This standard does not prohibit "push bumpers" and manufacturers are free to equip passenger cars with any bumper design they choose as long as the requirements of Standard No. 215 are met.

Standard No. 205, Glazing Materials, specifies requirements for glazing for use in motor vehicles, including the permissible locations for the various types of glazing. The standard permits bullet-resistant glazing to be used anywhere in a motor vehicle, provided such glazing meets specified performance requirements. Therefore, vehicle manufacturers are permitted to equip vehicles with the bullet-proof shields mentioned in your letter if such shields are constructed with glazing that conforms to the requirements in Standard No. 205.

You also asked whether the police department or a business could install the equipment in question. If the equipment is installed after the first sale of the vehicle for purposes other than resale, the Federal safety standards would no longer be applicable under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1397(b)(1). However, @ 108 (a)(2)(A) prohibits, with one exception, manufacturers, distributors, dealers, and motor vehicle repair businesses from knowingly rendering inoperative a safety device or element of design that has been installed in compliance with a motor vehicle safety standard.

Therefore, whether or not a business could install the equipment depends on the nature of the business. If the business is a "motor vehicle repair business", it can only install the "push bumpers" and shields if such installation does not knowingly render inoperative devices or elements of design installed in the vehicle in compliance with applicable safety standards. Section 108(a)(2)(A) defines "motor vehicle repair business" as any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation.

I have enclosed copies of Standard No. 205 and Standard No. 215. I have underscored the pertinent sections of Standard No. 205 (and the ANS 226 standard incorporated by reference in Standard No. 205) for your information.

SINCERELY, Department of Police Detroit, Michigan

Hugh Oates National Highway Traffic Safety Administration

Pursuant to our phone conversation on November 1, 1976, the Equipment Control Section of Detroit's Police Department has experienced a degree of reluctance by the auto manufacturers in providing police vehicles with specialized equipment. The purpose of this communique is to resolve the following two questions:

(1) The auto manufacturers state that per regulations issued by the National Highway Traffic Safety Administration, they are unable to equip police vehicles with a special "push bumper". To more clearly delinate this concern, enclosed please find several photographs of the "push bumpers" and how they are attached to the car's bumper system. The Detroit Police Department prefers to order vehicles from the manufacturers with the "push bumper" attached. In furtherance of this desire, a ruling by your administration allowing the manufacturers to construct police vehicles with "push bumpers" and sell same to our department, would clearly alleviate this dilemma.

(2) The auto manufacturers also state that they cannot sell vehicles equipped with a bullet proof shield located between the front and rear seating compartments. My research uncovered no federal statute or regulation prohibiting this. Your advise on this matter would clear any ambiguity.

In responding to the above requests, assuming the auto companies could not lawfully sell us police vehicles with any of the above special equipment, I would appreciate you probing the possibility of the City installing such equipment subsequent to our purchasing the vehicles, or having a private business perform these tasks. Please note that both the "push bumper" and bullet proof shield are removed from the vehicle when same is later sold at public auction.

If further information is needed, please feel at liberty to call me (313-224-4426).

JOSEPH E. PAPELIAN Legal Advisor Section

cc: INSPECTOR JOHN DOMM