Interpretation ID: 9457
7624 Rohrer Dr.
Downers Grove, IL 60516
Dear Mr. Gerrity:
This responds to your letter, forward to us on December 9, 1993, by Representative Harris W. Fawell, regarding the removal of the air bag in your 1990 Coupe de Ville. Because you have a physical handicap, you had your vehicle modified by the installation of a hand control system over the steering wheel. You are concerned that, in the event the air bag should activate, the steering device would probably pop off causing serious injury. You also stated that dealers and other mechanics are reluctant to disconnect the air bag because of Federal law.
As discussed below, in certain limited situations, the National Highway Traffic Safety Administration (NHTSA) has exercised its discretion in enforcing our regulations to provide some allowance when making modifications to accommodate the special needs of persons with disabilities. While the disconnection of an air bag by a dealer or motor vehicle repair business would ordinarily be a violation of Federal law, this is to advise you that this agency would not institute enforcement proceedings against a dealer or repair business that disconnected the driver side air bag in your vehicle. If you show this letter to your dealer or mechanic, you should be able to get this work performed.
By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and new items of motor vehicle equipment. Manufacturers are required by the National Traffic and Motor Vehicle Safety Act (Safety Act) to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers and repair businesses modifying certified vehicles are affected by 108(a)(2)(A) of the Safety Act. It prohibits those businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a safety standard.
Removal or disconnection of an air bag by any of the named commercial entities would violate the "render inoperative" prohibition, since air bags are installed to comply with Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection. However, in certain situations where a vehicle must be modified to accommodate the needs of a particular disability, NHTSA has been willing to consider any violation of 108(a)(2)(A) a purely technical one justified by public need, and indicated that it would not institute enforcement proceedings. We will take this position for the specific factual situation cited above.
We caution, however, that only necessary modifications should be made. For example, S4.5.2 of Standard No. 208 requires a readiness indicator for an air bag system which is clearly visible from the driver's seating position. After the air bag is removed, this indicator would show that the air bag system is not operative. The readiness indicator should not be modified, so other drivers who may expect an air bag will be aware that the air bag is not functional.
I would also like to caution your dealer or mechanic to contact the vehicle manufacturer concerning the proper procedure for any air bag disconnection as this procedure could cause it to deploy and injure the mechanic. As a final caution, I note that the purpose of the "render inoperative" provision is to ensure, to the degree possible, that current and subsequent owners and users of a vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Your letter states that you would have the air bag reconnected before selling the car. I urge you to have this work performed so that future users of the vehicle will have the protection the air bag affords.
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
cc: Representative Harris W. Fawell United States House of Representatives 2342 Rayburn House Office Building Washington, DC 20515-1313
ref:208 d:12/30/93