Interpretation ID: nht94-4.1

TYPE: INTERPRETATION-NHTSA

DATE: August 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Honorable Thomas H. Andrews -- House of Representatives District Office

TITLE: None

ATTACHMT: Attachment dated 7/7/94: Letter from Suzanne C. Onos to John Horsley

TEXT:

Thank you for your letter from Ms. Suzanne Onos of your staff, concerning a question asked by your constituent, Ms. Betty Williams. Your letter was referred to me for reply. Ms. Williams stated that the design of the safety belt in her 1991 Chrysler is uncomfortable. When she asked her car dealer to change the seat belt, she was told that changing the belt would be against the law. Ms. Williams would like to know if this is true and if there is any alternative to address this problem.

I am pleased to provide the following information to you. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under 49 U.S.C. Chapter 301 to issue safety standards for new motor vehicles and new mot or vehicle equipment. One of our safety standards, Standard No. 208, Occupant Crash Protection, requires safety belts in vehicles, and sets performance requirements that ensure that the belts provide a high level of safety. Several other safety standar ds also have requirements that relate to the performance of safety belts.

There is a provision in Chapter 301 (49 U.S.C. @ 30122) which prohibits dealers and certain other commercial entities from knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipmen t in compliance with an applicable safety standard. Since the safety belt in Ms. Williams' car was installed in accordance with applicable safety standards, the dealer could not lawfully change the safety belt in a manner that would negatively affect co mpliance with a safety standard. The dealer was probably referring to this provision in advising Ms. Williams that it would be against the law for it to change the safety belt.

Ms. Williams asked if there is any alternative to address this problem. If she has not done so, Ms. Williams may wish to check with Chrysler, the manufacturer of her vehicle, to see if it has any suggestions of which the dealer may not have been aware. In

addition, we know there are belt positioning devices that are sold for the advertised purpose of improving the fit of the vehicle's belt, particularly on children and small adults. However, we would like everyone who might consider using a belt position ing device to be aware that such a device could be potentially unsafe, depending on how it affects the vehicle's belt. Our safety concerns are discussed in the enclosed letter (addressed to Ms. Angela R. Caron, March 16, 1994).

NHTSA is aware that many consumers would like to see improvements in the fit of their safety belt, and we have recently addressed this by issuing a rule to improve the fit, comfort and adjustability of the belt system. The rule becomes effective in 1997 , and while it will not affect the belts already on existing vehicles, we anticipate it will greatly improve the fit of belts on future vehicles.

We regret that Ms. Williams finds her safety belt uncomfortable. However, we strongly urge your constituent to wear her safety belt to have the benefits of the safety system in a crash. Please call me if you or Ms. Williams have any further questions o r concerns. Our telephone number is (202) 366-9511.

Enclosure