Interpretation ID: aiam4025
President
Bigway America
Inc.
601 E. Yorba Linda Blvd. Suite 6
Placentia
CA 92670;
Dear Mr. Ioth: Thank you for your letter of August 5, 1985, concerning a product yo wish to import into the United States. You asked several questions about the application of our regulations to your product. I hope the following discussion answers your questions.; According to the literature you enclosed in your letter, the product i a device which prevents the normal operation of a vehicle until the driver's safety belt is fastened. The product is installed directly beneath the vehicle's accelerator. Until the driver's safety belt is fastened, a lock system prevents the accelerator from being depressed. According to the drawing accompanying your letter, your product requires the installation of a new buckle and latchplate in a vehicle's safety belt system. To install the latchplate, the vehicle's safety belt must be cut.; Our agency has the authority under the National Traffic and Moto Vehicle Safety Act to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet our safety standards. In the case of an imported product, the importer is considered the manufacturer of the product for the purposes of our requirements. In addition to ensuring that your product complies with all applicable safety standards, you are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor safety.; If your product is installed in a new vehicle prior to its first sal to a consumer, then the person performing the alteration would be considered a vehicle alterer under our certification regulation (49 CFR Part 567), a copy of which is enclosed. Part 567.7 requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards. In particular, the installer of your device would have to ensure that the safety belt system still complied with all of the requirements, including the safety belt webbing strength requirement of Standard No. 209, *Seat Belt Assemblies*, a copy of the standard is enclosed.; Installation of your device in a used vehicle could be affected b section 108(a)(2)(A) of the Vehicle Safety Act. That section provides, in part:; >>>No manufacturer, distributor, dealer or motor vehicle repai business shall knowingly render inoperative...any device (sic) 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....<<<; Thus, a commercial business installing your product in a used vehicl would have to ensure that it did not knowingly render inoperative the vehicle's compliance with any of our safety standards by the installation of your device.; You also asked about our regulations concerning the importation o products. Section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his or her agent upon whom service of all processes, orders, notices, decisions and requirements may be made. In order for that designation to be valid, the following information must be submitted to the Office of the Chief Counsel:; 1. A certification that the designation is valid in form and binding o the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business and mailing addres of the manufacturer,; 3. Marks, trade names, or other designation of origin of any of th manufacturer's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer.; 5. A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm or a U.S. corporation, and; 6. The full legal name and address of the designated agent. In addition, the designation must be signed by one with authority t appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.; I hope this information is of assistance to you. If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel