Interpretation ID: 2646o
Member, U.S. House of Representatives
380 Alvarado Street
Monterey, CA 93940
Dear Mr. Panetta:
This responds to your inquiry on behalf of Dr. Courtney F. Morgan, a constituent of yours. Dr. Morgan has purchased a 1987 model year Saab. The particular version of the model he saw at the dealership was equipped with manual lap/shoulder safety belts. However, the actual car that was delivered to Dr. Morgan was equipped with automatic safety belts. Dr. Morgan feels that the automatic belts are "hazardous and cumbersome," and asked what he must do in order to remove the automatic belts and have manual safety belts installed in place of the automatic belts. I am pleased to have this opportunity to explain our law and regulations to you.
Pursuant to the National Traffic and Motor Vehicle Safety Act in 1966 (the Safety Act; 15 U.S.C. 1381 et seq.), a Federal safety standard on occupant crash protection was issued in 1967 requiring the installation of manual safety belts in all new passenger vehicles. Although these manual safety belts have shown their effectiveness as safety devices, only a relatively small number of motorists used their manual belts. As recently as 1984, only 12.5 percent of front seat occupants wore their manual belts. Because so few people used their manual safety belts, the Department issued the first requirement for automatic restraints in passenger cars in 1970, and it was scheduled to take effect in 1973. That implementation date was delayed for a variety of reasons. On June 24, 1983, the Supreme Court of the United States found our decision to repeal the requirement for automatic restraints was "arbitrary and capricious," and ordered us to reconsider the decision (Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29). Against this background, former Secretary of Transportation Dole issued a final rule amending the Federal safety standard on occupant crash protection on July 17, 1984.
That decision, which promotes both automatic restraints and State safety belt use laws, provides a comprehensive approach designed to save as many lives as possible as quickly as possible. We believe that effectively enforced State laws requiring the proper use of the manual safety belts that are in most cars on the road today offer our best opportunity to save lives today at virtually no cost to the consumer. The decision also reflects our belief in the value of automatic occupant protection systems, such as air bags and automatic belts, by requiring all new cars to have automatic protection starting with the 1990 model year. The automatic protection requirements are phased in during the preceding three model years, beginning with 10 percent of each manufacturer's 1987 model year cars. Each manufacturer must equip 25 percent of its 1988 model year cars with automatic occupant protection systems, and 40 percent of its 1989 model year cars with automatic occupant protection systems. However, if the Secretary determines not later than April 1, l989, that State belt use laws have been enacted that meet certain criteria and that are applicable to two-thirds of the U.S. population, then the automatic restraint requirements will be rescinded.
The following prohibition appears in section 108 of the Safety Act: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ..." In this case, the automatic safety belts in Dr. Morgan's Saab are a "device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard." Removal of the automatic belts would render them inoperative. Therefore, Federal law prohibits Saab, any other manufacturer, and any distributor, dealer, or motor vehicle repair business from removing the automatic safety belts from Dr. Morgan's car.
Please note that this Federal prohibition does not prevent Dr. Morgan himself from removing the automatic belts from his car. However, we encourage vehicle owners not to tamper with the occupant crash protection systems installed in their vehicles. If Dr. Morgan were to remove the automatic belts himself and improperly install manual safety belts, he would be putting himself and other vehicle occupants at substantially greater risk of injury in a crash.
Please thank Dr. Morgan for informing us of his views on this subject. We welcome the interest of all concerned citizens on this important subject and I appreciate this opportunity to advise you of our efforts to improve occupant crash protection for all Americans.
Sincerely,
Erika Z. Jones Chief Counsel ref:VSA#208 d:2/5/88