Interpretation ID: 8840
Apt. B-407
95-2055 Waikalani Pl.
Mililani, HI 96789
Dear Mr. Miyamoto:
This responds to your letter on June 19, 1993, requesting permission to retrofit older cars with air bags. I am pleased to have this opportunity to explain our laws and regulations to you.
The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised this authority to issue Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Among other things, Standard No. 208 requires that cars be equipped with automatic crash protection. Light trucks will also be required to provide automatic crash protection, beginning with the 1995 model year. "Automatic crash protection" means that a vehicle is equipped with occupant restraints that require no action by vehicle occupants. The performance of automatic crash protection is dynamically tested, that is, the automatic systems are required to comply with certain injury reduction criteria as measured by test dummies in a barrier crash test at speeds up to 30 mph. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used.) A new Federal statutory requirement will make air bags mandatory in all new cars and light trucks by the late 1990's.
After the first purchase of a vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides:
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.
This "render inoperative" provision would prohibit you, as a commercial repair business, from installing an aftermarket air bag in a manner that would negatively affect the vehicle's compliance with any applicable safety standard. This provision does not require you to ensure that the vehicle would have complied with Standard No. 208 if the air bag had been installed in the vehicle as original equipment, it only requires you to ensure that the installation does not "render inoperative" any of the devices or design elements which were installed as original equipment. You do not need to receive permission from NHTSA prior to opening your business, however, any violations of the "render inoperative" prohibition would subject you to a potential civil penalty of up to $1,000 for each violation. In addition, you may wish to consult state law concerning liability if you retrofit vehicles with air bags.
Given the safety benefits that air bags are now providing, we understand that many persons desire that air bags be made available to be retrofitted in vehicles which were not originally equipped with this life-saving device. However, this concept poses enormous engineering challenges. New car manufacturers design air bag systems for the car in which it is installed. In designing the air bag system, air bag size, shape, venting and inflator gas generation characteristics are predicated on the specific car interior, taking into consideration such factors as the seats, steering column crush stroke force resistance, gage array and location on instrument panel, location and nature of knee bolsters, and compartment acceleration responses in frontal crashes.
It is highly unlikely that a retrofit system for older cars can be devised that could provide the safety and functional characteristics of current new car systems which are integrated into car design from inception. Moreover, unless an air bag system was designed in light of the specific characteristics of the vehicle for which it was intended, it is possible that the air bag might not provide any safety benefits in a crash, or even create a safety problem (e.g., if it activated under inappropriate circumstances). I am enclosing a copy of an article from the April 29, 1993, Washington Post which also discusses the difficulties in installing air bags in used cars.
NHTSA is aware, however, that at least one major air bag manufacturer, Breed Automotive, is attempting to develop retrofit air bag systems for certain popular cars, trucks, and vans which were produced without driver air bags in the last few years. If you desire further information about this program at that company, Mr. William Textores (201) 299-6500 may be willing to provide you with such information. I must emphasize, however, that NHTSA does not endorse any commercial products.
I have also enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials.
I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
Enclosures
ref:208 d:7/29/93