Interpretation ID: 86-2.22

TYPE: INTERPRETATION-NHTSA

DATE: 04/16/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Clarence M. Ditlow

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of February 3, 1986, concerning the implementation of the automatic restraint requirements of Standard No. 208, Occupant Crash Protection. You expressed concern about the possible disconnection of detachable automatic belts by vehicle dealers and asked how the prohibitions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act would apply to such a situation.

As you pointed out, section 108(a)(2)(A) of the Vehicle Safety Act prohibits commercial businesses from knowingly rendering inoperative items of safety equipment. The section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

In interpreting section 108(a)(2)(A), the agency has said that commercial businesses are prohibited from knowingly removing, altering or degrading an item of safety equipment required by our standards. Thus, if a commercial business were to remove an automatic belt, it would be a clear violation of section 108(a)(2)(A). However, that situation is quite different from a commercial business demonstrating an aspect of performance required by a Federal Motor Vehicle Safety Standard.

For some time, the agency has recognized that it is important to require automatic belts to have a mechanism to permit the release of the belt after a crash. Therefore, on April 25, 1974 (39 FR 14593), the agency adopted a provision in Standard No. 208 which requires all automatic belt systems to incorporate an emergency release mechanism. The agency has also recognized that it is important for consumers to know how such systems operate. The agency has fully expected vehicle dealers and others to play a helpful role in providing that information to the consumer. For example, in November (Illegible Word) NHTSA amended Standard No. 208 to permit the use of alternative types of emergency releases in automatic belts. In adopting that amendment, the agency emphasized that it did not believe that "the use of alternative release mechanisms will cause serious occupant egress problems if manufacturers take precautions to instruct vehicle owners how the systems work through the owner's manual and through their dealers." (43 FR 52494)

In addition to demonstrating how to get out of the automatic safety belt in an emergency, dealers will also have to show their customers how to gain access to the center seating position in a bench seat car equipped with automatic safety belts. Thus, given the need to educate the public about how the automatic restraint system functions, we do not consider it to be a violation of section 108(a)(2)(A) for a dealer to unbuckle or help consumers unbuckle their automatic safety belts. Hence, we cannot issue the legal interpretation you requested. We would expect that when dealers explain how an automatic belt system operates, they will also emphasize the important safety benefits of the automatic belts.

SINCERELY,

February 6, 1986

Erika Jones Chief Counsel National Highway Traffic Safety Administration

Dear Ms. Jones:

In just six months, the auto industry must implement the single most important safety standard ever issued by the federal government -- the passive restraint requirement of FMVSS 208. How the industry carries out implementation will in large part determine the ultimate effectiveness of the standard. If the manufacturers make a good faith effort to comply with well-designed passive restraint systems, then at least 9,000 lives will be saved and 100,000 serious injuries prevented each year after full implementation.

Unfortunately, it appears that the world's largest auto maker, General Motors, will attempt to undermine this lifesaving standard by installing cumbersome automatic seat belts with window shade retractors that can be detached so easily they will encourage disconnection by dealers and consumers. [The GM automatic belt has a buckle to disconnect it with the window shade retractor conveniently rolling the loose belt up into the retractor.] GM is introducing this system over the express objections of safety groups and the criticism of the Supreme Court which asked in its unanimous decision overturning DOT's revocation of the passive restraint standard whether such automatic belt disconnects should be outlawed. Moreover, GM's easy-to-release but hard-to-wear automatic belts are particularly reprehensible given the fact that a smaller auto manufacturer, Volkswagen, has sold for the past ten years an automatic belt that is so easy to use that consumers don't want to disconnect it. DOT's own studies of the VW "easy rider" automatic belt show usage of over 80%. In contrast, GM's "hard rider" automatic belt is unlikely to obtain more than 15% usage.

Section 108 (a) (2) of the National Traffic and Motor Vehicle Safety Act prohibits any dealer from "knowingly [rendering] inoperative, in whole or in part, any device . . . installed . . . in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard." The Center believes this clearly prohibits dealers from unbuckling or helping consumers to unbuckle their automatic seat belts. If they do so, they are liable for a $ 1,000 fine per car under Section 109 of the Act. Since the GM hard rider automatic belts are so cumbersome yet easy to disconnect, many GM dealers are likely to disconnect the automatic belts to better sell the cars in view of the competition from other manufacturers who have opted for easy rider automatic belts.

Accordingly, the Center petitions the National Highway Traffic Safety Administration to issue an interpretive legal opinion prior to the beginning of the 1987 model year that it is illegal for dealers to disconnect or help consumers to disconnect automatic belts under Section 108 of the Act and that violating dealers are subject to a $ 1,000 per vehicle fine.

Clarence M. Ditlow III Executive Director

cc: Sen. John Danforth Rep. Tim Wirth