Interpretation ID: nht94-6.31

DATE: April 14, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: John Moore -- Ferrucci Nurseries (Newfield, NJ)

TITLE: None

ATTACHMT: Attached to letter dated 2/4/94 from John Moore to Chief Council, NHTSA (OCC 9645)

TEXT:

This responds to your letter of February 4, 1994, requesting verification of a statement made by a National Highway Traffic Safety Administration (NHTSA) employee that you are allowed to install passenger seats in a van used for farm transportation if you comply with the safety regulations. In a phone conversation with Mary Versailles of my staff, you explained that you would like to add seats to the rear of a 14 foot cargo van which the nursery owns. You would be performing this work yourself. As explained below, Federal law does not apply to situations where vehicle owners alter their own vehicles.

I am pleased to have this opportunity to explain our laws and regulations to you. NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards.

NHTSA has exercised its authority to establish five safety standards which could be relevant to installation of a seat in a used vehicle: Standard No. 207, Seating Systems, Standard No.208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, Standard No. 210, Seat Belt Assembly Anchorages, and Standard No. 302, Flammability of Interior Materials. Standards Nos. 207, 208, 210, and 302 apply, with certain exceptions that are not relevant to your situation, to vehicles and not directly to items of equipment. Standard No. 209, however, applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if you install new seat belts on the seats, the manufacturer is required to certify that the seat belts comply with Standard No. 209.

If a seat is installed in a used motor vehicle, the seat, as an item of equipment, does not have to comply with any Federal standards. However, S108 (a)(2)(A) of the Safety Act provides, in pertinent part:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. . . .

None of these entities could install seats in your van if it caused the vehicle to no longer comply with any of the safety standards. Please note, however, that the "render inoperative" prohibition does not apply to modifications vehicle owners make to their own vehicles. Thus, Federal law would not apply in a situation where you as an individual vehicle owner, installed seats in your own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, you should be aware that individual States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles.

While Federal law would not apply to a modification you make to your own vehicle, I nonetheless urge you to exercise care in installing the seats and to install seat belts on the seats. The seats and seat belts will not provide any protection to occupants if they separate from the vehicle frame in a crash. Also, you may wish to consult a private attorney familiar with the law in the State of New Jersey regarding potential liability in tort for your business in these circumstances.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.