Interpretation ID: 2515y
Commission on Accreditation
for Law Enforcement Agencies, Inc.
4242B Chain Bridge Rd.
Fairfax, VA 22030
Dear Mr. Falcon:
This responds to your letter to our agency concerning your law enforcement standard (71.4.1) for an interior partition you call a "safety barrier." I regret the delay in responding.
The copy of 71.4.1 you provided states: "Vehicles used primarily for transporting prisoners (80 percent of their use) should have the driver separated from the prisoner by a safety barrier." The "commentary" to 71.4.1 states that, "The safety barrier may be of wire mesh or heavy gauge plastic to prevent the prisoner from having access to the driver's compartment ..." Mr. Steven Crowell wrote you last year suggesting that this commentary should be revised to state: "The safety barrier must be one which has had a label or tag affixed to it which certifies compliance with all applicable" Federal motor vehicle safety standards (FMVSS's). Mr. Crowell believes such certification is required by Federal law, and apparently bases this on our September 13, 1985 letter to him. You ask whether his understanding is correct.
Mr. Crowell is not entirely correct in his understanding of our certification requirements. Our regulations do not generally require materials in safety barriers to be certified, except for glazing materials in barriers. Standard No. 205, Glazing Materials, applies to all glazing installed in a motor vehicle, including the glazing used for an interior partition. The standard does not require labels or tags to certify the compliance of the glazing material with it. However, the standard does require that glazing material in a barrier must bear a mark to certify compliance with the standard. Standard No. 205 is the only FMVSS that applies directly to interior partitions (and only if the partition contains glazing material). There is no other FMVSS to which the partition itself would be certified.
Since glazing material in safety barriers need not be certified by labels or tags, and because safety barriers made from materials other than glazing materials are not certified under Federal law, we believe 71.4.1's seeking to require affixing a certification label or tag on the barriers may engender confusion about NHTSA's requirements. We note also that there is no Federal requirement for persons to certify modifications made to used vehicles. Therefore, we recommend against 71.4.1's seeking to require certifications in the form of labels or tags affixed to safety barriers installed in new or used vehicles.
However, we agree with Mr. Crowell that safety barriers should be installed in a safe manner, and believe that our regulations promote this to the extent possible under the Vehicle Safety Act. If a new vehicle is altered by the installation of a partition as original equipment (prior to the vehicle's first sale to a consumer), the person making the installation would be required by 49 CFR Part 567, Certification, to certify (by attaching a label to the vehicle) that the vehicle complies with all applicable FMVSS's. These FMVSS's include the standards for head restraints (Standard 202), interior impact protection (201), rearview mirrors (111), and crash protection (208).
We know of no reason why a suitable partition can't be developed which could be placed in a vehicle equipped with head restraints and shoulder belts. Further, it does not seem to be a difficult matter for the barrier to be installed so that the vehicle would meet Standard 111's requirements for rearview mirrors.
On the other hand, installation of the barrier could interfere with the compliance of the back of the front seat with Standard 201 (copy enclosed). Paragraph S3.2 of that standard sets energy-absorption requirements for the back of the front seat to protect the heads of rear seat occupants thrown forward in a crash. The partition design should be capable of meeting Standard 201's requirements for energy absorption and should not be hazardous to head impact.
If the safety barrier were installed on a used vehicle by a vehicle manufacturer, distributor, dealer or repair business, the installer would be subject to a civil penalty of $1,000 per violation if he knowingly rendered inoperative the compliance of the vehicle with any safety standard. This prohibition is contained in 108(a)(2)(A) of the Vehicle Safety Act.
The prohibition of 108(a)(2)(A) does not apply to individual vehicle owners who alter their own vehicles. Thus, under Federal law, they may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards.
Manufacturers of motor vehicle equipment, such as the safety barrier you described, also have responsibilities under the Vehicle Safety Act regarding safety defects and noncompliances in their products. Under 151 et seq., they must notify purchasers about safety-related defects and noncompliances and remedy the product free of charge. The Safety Act imposes a civil penalty of $1,000 per violation upon any manufacturer who fails to provide notification of or remedy for a defect or noncompliance in its motor vehicles or motor vehicle equipment. In view of the fact that a police department may alter its own vehicles without regard to 108(a)(2)(A), we believe Mr. Crowell might be suggesting that 71.4.1 recommend that the safety barrier should be installed in a manner that does not negatively affect the compliance of the vehicle with applicable FMVSS's. NHTSA generally encourages vehicle owners not to remove safety equipment or otherwise alter their vehicles if the modification would degrade the safety of the vehicle. Therefore, while we do not agree with Mr. Crowell that you should seek to require affixed certification labels or tags for barriers, we agree that installation of the barrier should be done in a manner that avoids degrading the overall safety of the vehicle.
I hope this information is helpful. Please let me know if you have any further questions.
Sincerely,
Stephen P. Wood Acting Chief Counsel
Enclosure
/ref:201#202#205#VSA d:5/3l/90