Interpretation ID: nht79-3.40

DATE: 11/06/79

FROM: AUTHOR UNAVAILABLE; Joan Claybrook; NHTSA

TO: Hon. J. D. Dingell - H.O.R.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter on behalf of your constituent, Mr. Donald Edwards. Mr. Edwards asks whether the passenger seat in a 1979 Dodge van is required under Federal law to be equipped with a safety belt.

Your earlier answer to Mr. Edwards was correct. Federal Motor Vehicle Safety Standards require light trucks (including vans) to be equipped with safety belts for each designated seating position. The passenger seat in Mr. Edwards' van would qualify as a designated seating position and would be required to have a safety belt.

Under the Federal certification regulations for motor vehicles, any person who alters a vehicle prior to its first purchase for purposes other than resale is required to place an additional label on the vehicle certifying that, as altered, the vehicle continues to be in compliance with all applicable safety standards (49 CFR 567.7). This provision would apply to the dealer who altered Mr. Edwards' vehicle by adding the passenger seat. The label would certify that the vehicle was still in compliance with all standards, including the safety belt requirements. Since the dealer did not install a safety belt, he probably did not place an alterer's label on the vehicle and he would, therefore, be in violation of the certification regulation. If this is the case, the agency has authority to require the dealer to remedy the noncompliance by installing safety belts on the van. Additionally, the dealer could be liable for civil penalties up to $ 1,000 for failure to comply with the Federal safety standards and regulations.

If Mr. Edwards has any problems in obtaining the required safety belts after receiving this information, please have him contact our Office of Enforcement at 400 Seventh Street, S.W., Washington, D.C. (202/426-9700).

Sincerely,

ENC.

cc: MR. OATES; JUDIE STONE

Congress of the United States House of Representatives

October 22, 1979

The Honorable Joan Claybrook Administrator National Highway Traffic Safety Administration Department of Transportation

Dear Ms. Claybrook: I am enclosing for your attention a copy of information sent to me by my Distrect Office concerning Mr. Donald Edwards question as to the requirement that seat belts be located at all seating positions in motor vehicles. I have advised Mr. Edwards that the National Traffic and Motor Vehicle Safety Act of 1966 does, in my estimation, require such seating positions for occupants to be equipped with safety belts.

I would appreciate it if you would respond to me as to Mr. Edwards question relative to the dealership having told him that a safety belt was not necessary under Federal law for the optional passenger seat in the van he recently purchased.

With best wishes,

John D. Dingell Member of Congress

ENC.

INFORMATION TAKEN BY: District Office Cindy

DATE: September 24, 1979

NAME OF CALLER: Mr. Donald Edwards

STREET ADDRESS: 5000 Ternes Street

CITY, STATE, ZIP CODE: Dearborn, Michigan 48126

TELEPHONE NUMBER: 584-5924

OTHER INTERESTED PARTIES:

DETAILS OF CALL: 1979 Dodge Van

Mr. Edwards bought a 1979 Dodge Van, B100 Cargo van, at Crestwood Dodge, 32850 Ford Road, Garden City, Michigan 48135. The driver's seat came equipped with a seat belt that doesn't work, but he is going to have the dealer fix it. The passenger seat, which is an option, does not have a seat belt. Mr. Edwards stated he paid $ 80 for the seat, but it is not listed on the bill of sale. The dealership claims they threw it in. Mr. Edwards would like to know if it is a federal law that every seat in a vehicle has to have a seat belt. The dealership is telling him no. If it is a federal law requiring seat belts in vehicles, Mr. Edwards would like to have a copy of it.

National Traffic and Motor Vehicle Safety Act of 1966.