Interpretation ID: 86-5.39

TYPE: INTERPRETATION-NHTSA

DATE: 10/28/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Curtis A. Winston

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Curtis A. Winston Regional Administrator, Region X National Highway Traffic Safety Administration 3140 Jackson Federal Building Seattle, WA 98174

Dear Mr. Curt:

Thank you for your letter of June 27, 1986, asking about how the agency regulations affect the installation of seats and safety belts in used vehicles. You explained that since the passage of a mandatory safety belt use law in Washington, your office has received numerous inquiries about this subject. I hope the following discussion will answer your questions.

I believe it may be helpful to compare how our regulations affect both new and used vehicles. Each manufacturer of new vehicles must certify that each of its vehicles meets all of the applicable Federal Motor Vehicle Safety Standards. The agency has issued the following five safety standards which apply to vehicle seats and safety belts: Standard No. 202, Head Restraints, Standard No. 207, Seating systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages.

After a new vehicle becomes a used vehicle (1.e., when it is sold and delivered to the first purchaser), it may be modified without limitation by its owner, but not by commercial enterprises under the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Act prohibits commercial enterprises, such as dealers and motor vehicle in compliance with our standards. Thus, in the case of a used vehicle, commercial enterprise cannot remove a safety belt that was originally installed in compliance with Federal safety standards. Violations of section 108(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation.

However, in adding equipment to a used vehicle, commercial businesses do not have to comply with the safety standards that would apply if the equipment was installed before the vehicle is first sold. For example, if a commercial business is asked to install a seat in the cargo area of a used van, which did not previously have a seat at that position, the business is not required by the Federal safety standards or section 108(A)(2)(a) to install safety belts for that seat. However, the business may have a duty to install safety belts for that seat under applicable State regulations and courts decisions.

Section 108(a)(2)(A) does not affect vehicle owner, who may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, an owner may remove a safety belt from his or her vehicle. The agency, however, urges vehicle owners not to take such actions. Individual States govern the operational use of vehicles by their owners. Therefore, it is within the authority of the States to preclude owners from removing safety belts or seats from the vehicles.

I hope this information is helpful. Please let me know if you have an further questions.

Sincerely,

Erika Z. Jones Chief Counsel