Interpretation ID: Holliday

W. David Holliday, Esq.

Attorney At Law

8330 Meadow Road, Suite 122

Dallas, TX 75231

Dear Mr. Holliday:

This responds to your letter asking about Federal requirements for air bags. According to your letter, you are representing an individual who sustained a serious neck injury in a crash where the air bag in his 2000 Dodge Caravan which he was driving did not deploy. In your letter you asked questions related to the Federal motor vehicle safety standards as they existed at the time the vehicle was manufactured, January 2000. The issues raised by your letter are addressed below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards (FMVSSs) covering new motor vehicles and new motor vehicle equipment. One of the standards we issued, FMVSS No. 208, Occupant Crash Protection (49 CFR 571.208) requires passenger cars and other light vehicles to be equipped with an air bag and a manual lap/shoulder belt at both the driver and right front passenger seating positions. While these requirements were phased in over time, the phase-in had been completed by January 2000, the time period you ask about. I note that the Caravan was classified as a multipurpose passenger vehicle, and was among the light vehicles to which the standards air bag requirements applied.

In a telephone conversation with Edward Glancy of my office, you clarified that while your letter includes various statements concerning your understanding of the FMVSSs, your primary question is whether FMVSS No. 208 established a frontal impact speed or crash severity threshold above which the air bag must be activated or below which it may not be activated.

Among other things, Standard No. 208 specifies that vehicles meet certain performance requirements in crash tests. These tests are conducted with instrumented test dummies placed in the front outboard seating positions of the vehicle. During the tests, the forces measured on the dummies may not exceed specified limits. However, the standard does not specify any crash severity threshold or frontal impact speed where the air bag must, or must not, deploy. This was true in January 2000 and it remains true today, although we note that additional crash test and other requirements have been added since January 2000.

If you have any further questions, please feel free to call Edward Glancy of my staff at 202-366-2992.

Sincerely yours,

Anthony M. Cooke

Chief Counsel

ref: 208

d.11.20/08