Interpretation ID: 8180
102790
F.S.P.
P.O. Box 747
Starke, FL 32091
U-2-N-9
Dear Mr. Vega:
This responds to your letter addressed to former Secretary Card. Your letter expresses concern that vans used by the Florida State Prison to transport prisoners do not have seat belts. According to your letter and copies of other correspondence you enclosed, wood and metal benches are located along the sides of the rear area of the vans, and there are no side windows in that area. You state that you believe that this is a violation of Florida and Federal safety belt laws. Your letter has been referred to the National Highway Traffic Safety Administration (NHTSA) for response because it contains questions concerning laws and regulations administered by this agency.
Let me begin by making clear that I have no special knowledge or expertise with respect to Florida law. My answer will address only the requirements of the laws and regulations administered by this agency.
Some background information may be helpful. NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act) 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 this authority to establish Standard No. 208, Occupant Crash Protection, (49 CFR 571.208) which, among other things, requires safety belts to be installed at certain seating positions in motor vehicles. However, different requirements apply depending on the vehicle type, seating position within the vehicle, and the GVWR of the vehicle. Accordingly, I cannot identify the specific requirements for the vans you are concerned about without knowing the vehicles' date of manufacture, seating capacity, and gross vehicle weight rating.
The Safety Act provides that no person shall manufacture, import, or sell any new vehicle unless it complies with all applicable Federal motor vehicle safety standards, including the seat belt installation requirements in Standard No. 208. See 15 U.S.C. 1397(a)(1)(A). The requirement that a vehicle comply with all applicable safety standards applies only until the vehicle's first purchase in good faith for purposes other than resale. See 15 U.S.C. 1397(b)(1). After such first purchase, the only provision in Federal law that affects modifications that can be made to the vehicle is set forth in 15 U.S.C. 1397(a)(2)(A). That section provides that:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.
Please note that this prohibition applies only to the commercial entities identified in the section, not to individual vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways without violating Federal law, even if the owner's modifications cause the vehicle to no longer comply with the seat belt installation requirements of Standard No. 208. Thus, if a State purchases a vehicle and makes modifications itself, there is no violation of Federal law, even if the modified vehicle does not comply with the seat belt installation requirements of Standard No. 208.
I hope you find this information helpful.
Sincerely,
John Womack Acting Chief Counsel
ref:208 d:2/16/93