Interpretation ID: 3170yy
Fleet Engineering & Q.A.
Transportation Department
Baltimore Gas and Electric
Charles Center
P.O. Box 1475
Baltimore, MD 21203-1475
Dear Mr. Shimp:
This responds to your letter of September 17, 1991, regarding the addition of a seat to your company's cargo vans. I am pleased to have this opportunity to explain the requirements of Federal law for you.
The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale.
After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with a safety standard. Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, Baltimore Gas and Electric may install additional seats in the cargo vans it owns without violating the "render inoperative" provision or any other provisions of the Safety Act, providing Baltimore Gas and Electric performs the work themselves.
However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of Maryland to learn if it has enacted any laws or regulations that apply to your planned modifications to your vans. In addition, you may wish to consult with an attorney familiar with the law in the State of Maryland regarding potential liability for your company in connection with adding a seat to these vans.
Finally, although Federal law does not regulate your company's planned addition of seats to its vehicles, we urge you to carefully consider the safety issues that would arise if your company proceeds with the installation of these additional seats. Specifically, this agency encourages your company to select and install any additional seats in a way that will not degrade occupant protection, and to install a safety belt for those additional seats, so that your employees using the additional seat will be protected in the event of a crash.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:VSA d:l0/9/9l