Interpretation ID: nht88-3.88

TYPE: INTERPRETATION-NHTSA

DATE: 11/02/88

FROM: STEVEN W. CROWELL

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA TO WILLIAM D. FALCON; REDBOOK A 35; STANDARD 201; 202; 205; VSA 108[A][2][A]; LETTER DATED 01/30/89 FROM WILLIAM D. FALCON TO RALPH HITCHCOCK -- NHTSA; OCC 3107; LETTER FROM STEVEN CROWELL DATED 06/02/88 TO ELIZABETH DENNISTON -- EGOH BITTNER COMMISSIONER WALTHAM MASSACHUSETTS

TEXT: (Illegible Words)

It has come to my attention that (Ilelgible Word) 71.4.1 guidelines issued by The Commission on Accreditation for Law Enforcement Agencies may be in need of amendment in order to reduce risk of injury and suit. The following information may be of ass istance to you.

This is a quote from a letter to me dated 9/13/85 from the Chief Counsel for The United States Department of Transportation, National Highway Traffic Safety Administration, Jeffrey R. Miller. "The National Highway Traffic Safety Act of 1966 authorize s this agency to issue safety standards for new motor vehicles and equipment (sect. (Illegible Word) prohibits the sale or manufacture of new vehicles and equipment which do not meet those standards (sect. 108(a)(1)(A)), establishes civil penalties for n on-complying vehicles and equipment (sect. 109 (a)), and requires manufacturers to recall and remedy any non-compliances (sect. 154 (a))."

"In addition, the Act requires certification of compliance with applicable safety standards (sect. 114). This requirement applies to the manufacturers of equipment, with regard to those items of equipment and to vehicle manufacturers, with regard to the entire vehicle. Thus, if the auxiliary interior equipment is installed in a vehicle prior to the first sale, the equipment manufacturer must certify compliance with any safety standards applicable to the item of equipment, and the vehicle manufactur er must certify that the entire vehicle (including the items of equipment) complies with all applicable standards."

If you refer to the Act (Illegible Word) C.P.L. 89-562 sect. 567.7) you will find the following:

[A person who alters a vehicle that has been previously certified shall affix to the vehicle an additional label containing the following information; the statement: "This vehicle was altered by (individual or corporate name) in (month and year in whi ch alterations were completed) and as altered it conforms to all applicable Federal motor vehicle safety standards affected by the alteration and in effect in (month, year)."]

In light of the preceding information I wish to make the following recommendation. Rather than 71.4.1 reading "The safety barrier may be of wire mesh or heavy guage plastic. . .", I suggest it read; "The safety barrier must be one which has had a lab el or tag affixed to it which certifies compliance with all applicable safety standards and requirements established by the Federal Motor Vehicle Safety Act of 1966."

Your perspective on this recommendation will be appreciated.