Interpretation ID: nht94-7.36

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Steven R. Taylor -- S.R. Taylor Toys (Porterville, CA)

TITLE: None

ATTACHMT: Attached to fax dated 11/10/93 from Steven R. Taylor to NHTSA

TEXT:

This responds to your FAX to Mary Versailles of this office asking whether your Original Designer Seatbelt Strap (ODSS) would be affected by any Federal Motor Vehicle Safety Standards (FMVSS) issued by this agency. Also referenced are your telephone conversations with Mary Versailles and Walter Myers. I apologize for the delay in this response.

You described the ODSS as a strip of "D.O.T. standard nylon seat belt webbing" with double-sided adhesive tape on the under side and silk-screened designs on the front side. The tape has a backing that peels off, exposing the adhesive, and the ODSS is then applied to the existing seat belt. The ODSS comes in both child and adult models. The child's model, which is intended to be applied to the belt portion of a child restraint system, is 15 inches long and 1 1/2 inches wide with cartoon characters silk-screened on its face to entertain the child. The adult model, which is intended to be applied to a vehicle safety belt, is 30 inches long and 2 inches wide with silk-screened designs on its face to serve as a reminder to buckle up. The promotional material you sent with your inquiry indicated that the ODSS is an aftermarket product that "serves only as an entertainment piece and not as a safety device."

I am pleased to have this opportunity to explain our regulations. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. S1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which manufacturers are responsible for ensuring that their products comply with all applicable FMVSSs. Neither the Department of Transportation (DOT) nor NHTSA approves, endorses, certifies, or gives assurances of compliance of any product.

I note that you do not explain what you mean by the term "D.O.T. standard nylon seat belt webbing." This agency does not use that term. We assume you mean that the webbing is the same as that used by vehicle manufacturers for the safety belts used to comply with the Federal motor vehicle safety standards. However, since the meaning of the term is unclear and might be misunderstood as an approval by DOT of the webbing, we ask that you refrain from using the term in your promotional materials.

Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:

(A)ny system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component OR AS ANY ACCESSORY, or addition to the motor vehicle ... (emphasis added).

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. if the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the ODSS, this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, the entire portion of the expected use of the ODSS relates to motor vehicle operation. Also, the product would typically be used by ordinary users of motor vehicle.

While the ODSS is an item of motor vehicle equipment, NHTSA has not issued any standards for such a device. Nevertheless, there are other Federal laws that indirectly affect the manufacture and sale of your product. You as the product's manufacturer are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that a product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

We urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts or child restraint systems. For example, you should ensure that your product does not interfere with safety belt retraction, that the adhesive on the back of the ODSS does not cause deterioration of the safety belt webbing, and that the ODSS does not obscure the information required by FMVSS No. 209, Seat Belt Assemblies, to be labeled on the webbing. I also note that safety belt webbing is designed to have some "give" to help absorb crash forces. If the ODSS was to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302, Flammability of Interior Materials. Again, we encourage you to evaluate your product against the requirements of this standard to ascertain whether the ODSS would degrade the flammability performance of seat belts.

A commercial business that installs the ODSS system would also be subject to provisions of the Safety Act that affect modifications of new or used vehicles/motor vehicle equipment. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in 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.

This means that a manufacturer, distributor, dealer, or motor vehicle repair business must not install your device if the ODSS renders inoperative the vehicle's or child restraint system's compliance with the FMVSS's. The render inoperative prohibition does not apply to modifications that owners make to their own vehicles or motor vehicle equipment. However, NHTSA encourages owners not to degrade any safety device or system installed in their vehicle or equipment. In addition, individual states have the authority to regulate modifications that individual vehicle owners may make to their vehicles or equipment, so you might wish to consult state regulations to see whether your device would be permitted.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.