Interpretation ID: 86-4.2

TYPE: INTERPRETATION-NHTSA

DATE: 06/25/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Donald L. Anglin

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Donald L. Anglin Consulting Editor McGraw-Hill Book Company 706 Rose Hill Drive Charlottesville, Virginia 22901

Dear Mr. Anglin:

Your May 1, 1986 letter to Administrator Steed requesting information on Federal regulations applying to removal of motor vehicle safety equipment has been referred to this office for reply. Unfortunately, we never received the previous letter you sent to NHTSA in December 1985. We regret any inconvenience to you.

Your letter asked whether it is a violation of Federal law for a mechanic or vehicle owner to remove or otherwise tamper with any item of motor vehicle safety equipment. As explained below, there would be a violation with respect to commercial businesses "tampering" with used vehicles or altering new vehicles if the modification affected negatively the vehicle's compliance with applicable Federal motor vehicle safety standards. On the other hand, no Federal requirements apply to individual vehicle owners who tamper with safety equipment on or in their own vehicles.

In 1974, Congress amended the Vehicle Safety Act to address the problem of persons tampering with safety equipment installed on motor vehicles by adding section 108(a)(21(A) to the Act. That section provides, in part, 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 . . . .

Thus, Federal law prohibits the aforementioned commercial businesses from tampering with safety equipment installed in compliance with an applicable safety standard by either removing, disconnecting or degrading the performance of the safety equipment. For example, none of the commercial businesses referenced in section 108(a)(2)(A) could remove the safety belts in a motor vehicle if by doing so they would "render inoperative" the compliance of the vehicle or the safety belt system with Safety Standards No. 208, Occupant Crash Protection, and No. 209, Seat Belt Assemblies. Violations of section 108(a)(2)(A) are subject to civil penalties up to $1,000 for each violation.

The second part of your question asked about individual vehicle owners. Since section 108(a)(2)(A) does not apply to owners, an owner could remove the safety belts from his or her vehicle without violating Federal law. Of course, such removals or alterations could be affected by State law and the agency encourages vehicle owners not to tamper with safety equipment.

Persons tampering with safety equipment on new motor vehicles prior to their first sale to consumers could be considered vehicle "alterers" under our certification regulations (49 CFR Part 567). Part 567.7 requires alterers to certify that the vehicle, as altered, complies with all applicable safety standards. Thus, a vehicle alterer could not remove am item of safety equipment from a new vehicle if this would prevent him or her from certifying that the vehicle, as altered, complies with all applicable safety standards.

I have enclosed copies of the Vehicle Safety Act and Part 567.7, for your information. I have enclosed also an information sheet entitled "Federal Auto Safety Laws and Motor Vehicle Window Tinting" which discuss section 108(a)(2)(A) and Part 567.7 as they apply to persons modifying motor vehicle window glazing.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

May 1, 1986

Diane K. Steed, Administrator National Highway Traffic Safety Administration 400 Seventh Street SW Washington, DC 20590

Dear Ms. Steed:

Attached is a copy of a letter I sent to the public Affairs Director of your organization on December 18, 1985.

As yet, I have received no answer.

Would you please forward the copy of my December letter to someone knowledgeable in these areas.

Thank you very much for your assistance.

Sincerely,

DONALD L. ANGLIN

December 18, 1985

Public Affairs Director National Highway Traffic Safety Administration 400 Seventh Street, SW Washington, DC 20590

Dear Sir:

Tampering seems to be defined generally as pertaining to emission control devices and odometers. But the issue of the car owner or mechanic tampering with safety equipment is not so clear.

Is it a violation of Federal law for a mechanic or a car owner to remove any piece of safety equipment designed into an automobile?

For example, is it illegal for a car owner to remove the seat belts from a new car, or for a mechanic to remove the self-adjusters from drum brakes or to disconnect the parking brake?

Would you please send me copies of the current or proposed laws or regulations that apply to tampering with safety equipment, and copies of any pamphlets or articles on the subject.

Thank you very much for your assistance.

Sincerely,

DONALD L. ANGLIN