Interpretation ID: mercedes.rbm

Patrick M. Raher, Esq.
Hogan & Hartson, L.L.P.
555 13th St., NW
Washington, DC 20004-1109

Re: Mercedes-Benz Air Bag On-off Switch

Dear Mr. Raher:

This letter responds to your correspondence seeking permission to install a button-activated air bag on-off switch for individuals who have received permission from the National Highway Traffic Safety Administration (NHTSA) to have their passenger-side air bag deactivated. I apologize for the delay in responding to your request. NHTSA will not take any enforcement action against any dealer or repair business under the make inoperable provision of Chapter 301 if it installs a Mercedes-Benz manufactured button-activated switch subject to the conditions outlined in this letter. NHTSA's decision is based on its belief that a button-activated on-off switch is a preferable means of air bag deactivation than disconnection of the air bag.

In your correspondence, you state that Mercedes-Benz would limit the installation of a button-activated device to the 1994 and 1995 model year Mercedes-Benz R-129, which you indicate cannot accommodate a key-operated device due to the vehicles' electrical system. Additionally, you state that the switch would only be installed for individuals who "needed to deactivate the passenger side airbag due to the presence of a child seat or other similar need." The status of the air bag would be indicated by a telltale incorporated into the switch and located on the driver's side of the instrument console. Mercedes-Benz would require the vehicle owner to provide it with a letter from NHTSA authorizing deactivation of the passenger side air bag.

As you are aware, NHTSA issued a final rule on November 18, 1997 allowing for the installation of an on-off switch that can be activated by a key or key-like object. Installation of these switches is limited to individuals who fall within specified risk groups and have received an on-off switch approval from NHTSA. As stated in the rule, NHTSA will continue to grant deactivation requests for individuals who fall within a smaller risk group if no original equipment manufacturer switch is available for their vehicle.

In making its decision to allow for a key-operated switch, NHTSA specifically considered and rejected allowing a switch that was not activated by an external device. The agency was concerned that lesser measures could lead to an inadvertent change in the status of the affected air bag. Accordingly, NHTSA's decision to allow Mercedes-Benz to use a button-activated switch is limited to installation in the vehicles described in your letter and referenced above. NHTSA's decision is also limited to vehicles for which the owner has received permission to deactivate the passenger side air bag. Permission to have an on-off switch installed will not be sufficient. Finally, if Mercedes-Benz is able to resolve problems related to the vehicle electrical system and a key-activated switch, the agency would encourage Mercedes-Benz to produce that switch rather than a button-activated switch.

NHTSA wishes to make it clear that its decision to allow the installation of a button-activated switch is limited to this request and should not be construed as precedent for how we would decide other requests.

If you have any other questions, please contact Rebecca MacPherson of my staff at this address or by phone at (202)366-2992.

Sincerely,
John Womack,
Acting Chief Counsel
ref:595
d.3/23/98