Interpretation ID: 24416ogm

Mr. William McAlister
McAlister Electronics Service Center
926 E. Fremont Avenue
Sunnyvale, CA 94087

Dear Mr. McAlister:

This responds to your letter requesting information regarding Federal regulations that govern seat belts in vehicles. You ask if vehicle manufacturers are required to provide a "lifetime" warranty for seat belts and seat belt assemblies and, if such a warranty is required, the procedures that would be employed to enforce that warranty.

Federal law authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised that authority and established Standard No. 208, Occupant crash protection (49 CFR 571.208), which requires safety belts to be installed at certain seating positions in new motor vehicles. In addition, Standard No. 209, Seat belt assemblies (49 CFR 571.209), contains minimum performance requirements for seat belt assemblies installed in new vehicles and sold as "aftermarket" equipment, and Standard No. 210 (49 CFR 571.210), Seat belt assembly anchorages, sets minimum standards for anchorage location and performance. Each new vehicle must comply with all applicable Federal motor vehicle safety standards, including the requirements in Standards No. 208, 209 and 210. Federal law does not, however, require vehicles to comply with these standards after the first purchase for purposes other than resale.

None of the regulations or statutes administered by NHTSA require manufacturers to provide a lifetime warranty for seat belts. However, NHTSA has the authority to require manufacturers to replace seat belts under certain circumstances. If a vehicle or item of equipment is not more than ten years old and is determined to have a safety-related defect or fails to meet an applicable Federal motor vehicle safety standard, NHTSA can compel the manufacturer to remedy the defect or noncompliance without charge to the vehicle owner.

Your letter indicates that the automatic belt assemblies on your 1990 Ferrari Testarossa have ceased to function. A search of our recall database indicates that NHTSA or Ferrari have not determined that the automatic belt system of the 1990 Testarossa contains a safety-related defect. In the absence of such a determination, Ferrari is not required to repair or replace the belts by the statutes and regulations administered by NHTSA.

I hope that this is responsive to your request. If you have any questions, please contact Otto Matheke of my staff at 202-366-5253.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:208
d.8/22/02