Interpretation ID: 17739.nhf

Mr. John Stricklin
c/o Midwest Medical Supply
2805 Bauer Street
Eau Claire, WI 54701

Dear Mr. Stricklin:

This responds to your letter requesting permission to remove the air bag sensor and disable the air bag system in your 1998 Chevy Express Van. You explain that you have Multiple Sclerosis and need to have a six way power seat base installed at the driver's seating position to allow you to transfer to and from your wheelchair. In your letter, you state that the vehicle's air bag sensor, which is located underneath the driver's seat, interferes with the installation of the six way power seat base and needs to be removed.

While the National Highway Traffic Safety Administration (NHTSA) cannot provide the specific relief you seek, because we are not authorized to grant waivers of safety standards under these circumstances, we can assure you that we will not institute enforcement proceedings against a commercial entity that removes the air bag sensor to install a six way power seat base on a vehicle to accommodate the condition you describe.

We would like to begin by explaining that NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. After the first sale of the vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) requires businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation.

There is no procedure by which businesses petition for and are granted permission from NHTSA to modify a motor vehicle. Businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to the make inoperative provision of 49 U.S.C. 30122. However, in certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities.

Standard No. 208, Occupant Crash Protection, requires vehicles to be equipped with specific manual and automatic restraint systems (e.g. seat belts and air bags) and to meet specified injury criteria during a test. Removing the air bag sensor would affect the vehicle's compliance with Standard No. 208. However, as noted above, in situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider violations of the "make inoperative" prohibition to be justified by public need. Accordingly, NHTSA will not institute enforcement proceedings against a business that removes the air bag sensor to accommodate the condition you describe.

We caution, however, that only necessary modifications should be made. In addition, you should consult with the manufacturer to determine how to disarm the driver and passenger air bags. The vehicle manufacturer should be able to provide information on how the modification can be safely performed. We are enclosing warning labels stating that the air bags have been deactivated. For the safety of everyone who may ride in the vehicle, we ask that you affix this label on the sun visors above the deactivated air bags. Finally, if the vehicle is sold, we urge the owner to advise the purchaser that the vehicle has been modified and consider reinstalling the removed safety equipment if appropriate.

If you have other questions or require additional information, please contact Nicole Fradette of my staff at this address or by phone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
Warning Labels
ref:VSA
d.6/1/98