Interpretation ID: nht76-5.48

DATE: 09/14/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: R. J. Hurlbutt

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of August 13, 1976, asking whether Federal regulations prohibit the installation, by a dealer, of a rear seat in a 1976 Chevrolet Blazer.

Federal regulations do not prohibit such installation by a dealer. If a dealer installs a seat prior to first purchase of the vehicle, the seat must comply with the performance requirements of Standard No. 207, Seating Systems, 49 CFR 571.207.

In this case, you have already taken possession of your vehicle and desire that the dealer now install the seat. Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381, et seq.) provides that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This does not prohibit a dealer from installing seats in a vehicle that has already been purchased. It simply means that such installation cannot destroy the vehicle's compliance with any motor vehicle safety standard.

Please contact us if we can be of any further assistance.

SINCERELY,

Hugh Oates, Attorney National Highway Traffic Safety Bureau

August 13, 1976

Ref: motor vehicle seat installation regulations

I would like to thank you for your time and interest during our conversation last week.

On May 10, 1976, I took delivery of my factory order 1976 Chevrolet Blazer. I ordered this vehicle with a rear seat, but the seat was left off the order form by the salesman. I took delivery of the vehicle only on the salesman's assurance that the seat could be ordered and installed at the dealership. Several weeks later, when I went back to check on the progress, I was informed by both salesman and parts manager that it was against Federal Safety Regulations for a dealership to install the seat. The dealer "restated" this position to me again on August 9, 1976. The dealer did, however, offer to help locate a used seat through a salvage yard and install it. I think that you would agree that this is a very confusing situation.

I would request your staff to follow whatever course they deem reasonable. I would also ask for a written opinion from you in regard to the Federal Regulations. I would appreciate this orinion as soon as possible.

Thanking you in advance for your expected help and co-operation, I am, Robert J. Hurlbutte