Interpretation ID: 1985-03.38

TYPE: INTERPRETATION-NHTSA

DATE: 09/03/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Alan R. Kroner

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation National Highway Traffic Safety Administration

Mr. Alan R. Kroner Republican Staff Illinois State Senate State Capitol Springfield, Illinois 62706

Dear Mr. Kroner:

Thank you for your letter of March 13, 1985, concerning Federal requirements for safety belts in modified vans and their effect on state safety belt use laws. I regret the delay in our response.

According to your letter, a handicapped individual purchased a van and had the front seat removed to permit him to operate the vehicle from his wheelchair. You first inquired whether the vehicle is required to be equipped with a safety belt under Federal law.

This agency has issued Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection, that requires the installation of occupant restraint systems in passenger cars, trucks, buses, and multipurpose passenger vehicles (MPV's). A copy of the standard is enclosed for your reference. Depending on its seating capacity and use, a "van" would be classified under our regulations as a bus, truck or MPV. Regardless of that classification, the vehicle manufacturer is required to install a safety belt system for the driver's seating position. Belt systems may be required at other seating positions as well, depending upon the vehicle's classification. These requirements apply to any vehicle until its first sale to a consumer.

While our safety standards apply only to new motor vehicles, there are some statutory restrictions on subsequent alterations. If a van were modified after its first sale to a consumer, then section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1397(a)(2)(A)) would apply. That section 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....

Accordingly, none of thoe commercial businesses could lawfully remove a safety belt installed in compliance with Standard No. 208, since such an action would "knowingly render inoperative" that safety device. This prohibition applies only to commercial businesses, not to individuals.

Vehicle owners may themselves remove a safety belt without violating Federal law. They would, however, have to comply with any State law on vehicle equipment.

Thus, in answer to your first question, a manufacturer of a van is required by Federal law to provide a safety belt system at the driver's position, and certain commercial businesses are prohibited from removing the belt.

You also requested our opinion as to whether the owner/driver of the modified van would be required to wear a safety belt under the new Illinois safety belt use law. We do not believe it would be appropriate for this agency to offer an opinion on that question, since it requires an interpretation of state law. You may wish to consult with the State Attorney General's Office or counsel for an appropriate State agency on the matter, as they are in a better position to discuss Illinois state law.

I appreciate your interest in safety belt usage and hope this information is of assistance to you. Sincerely, Jeffrey R. Miller Chief Counsel Enclosure March 13, 1985

Mr. Jeffrey Miller Chief Counsel National Highway Traffic Safety Administration Room 5219 400 Seventh Street S.W. Washington, D.C. 20590

Dear Mr. Miller:

I have a question pertaining to the modification of a vehicle for the use of a handicapped individual. This individual is a parapalegic and confined to a wheelchair. He purchased a van, had a lift hoist installed and the front seat removed. He operates the van from his wheelchair. Is this vehicle required to be equipped with a seat belt under federal law? Illinois recently passed a mandatory seat belt use law. One of the exemptions granted under this new law (95 1/2 - 12 - 603.1 Ch. 8.) states that an individual is not required to wear a seat belt if the motor vehicle is not required to be equipped with seat belts under federal law. In your opinion would this gentleman be required to wear a seat belt?

Thank you in advance for your prompt reply. Sincerely, Alan R. Kroner