Interpretation ID: nht75-2.32

DATE: 12/29/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your November 20, 1975, letter concerning the use of replacement parts which may affect a vehicle's compliance with a Federal motor vehicle safety standard that is applicable only to vehicles.

You have presented the example of a vehicle that, if equipped with a door that does not have guard bars, would not be in compliance with Federal Motor Vehicle Safety Standard No. 214. Because that standard is applicable only to passenger cars, there is no prohibition on the mere sale of such doors for use as replacement equipment. However, Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended ("the Act"), specifies that

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term "motor vehicle repair business" means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation.

Therefore, the installation of a door that does not have guard bars is a violation of the Act, if that installation is performed by a manufacturer, distributor, dealer, or motor vehicle repair business. Installation of such a door by one of your dealers, for example, is not permitted.

Your letter also asked whether the use of such doors would be permitted in the future, in the event that Standard No. 214 is relaxed in a way that would permit the use of such doors on a new vehicle. It is the opinion of this agency that replacement of a door, or any other safety system installed in compliance with a Federal motor vehicle safety standard, with a system mandated by a later safety standard (even if the later standard imposes a less stringent level of performance) would not violate Section 108(a)(2)(A) of the Act, as amended.

SINCERELY,

NISSAN MOTOR CO., LTD.

November 20, 1975

Frank Berndt Office of Chief Council National Highway Traffic Safety Administration This is to ask your interpretation regarding the requirement for replacement parts in the case of FMVSS's which are applied to only the vehicle, such a FMVSS 105, 114, 208, 214, 215 and so on.

1) Since the above mentioned FMVSS's require that the vehicle must be in compliance with them at only the time of manufacture, may we understand that there is no requirement for replacement parts of the vehicle after retail?

(example)

When we replace the door of 1974 model vehicle, may we use the door without guard bars as the replacement part? ( In this case, this vehicle does not meet FMVSS 214 after replacement)

If the answer is no, is it due to the fact that there is Motor Vehicle Safety Act Sec. 108(a) (2) (A)?

2) When the requirement is relaxed, may we use the replacement parts which do not meet the requrement before relaxation?

(example)

If in the future, FMVSS 214 is relaxed and we need not use the door with guard bars as a result of relaxation, may we use the door without guard bars as the replacement part of the vehicle manufactured before relaxation?

Thank you for your attention to the above question. We look forward to hearing your interpretation of the above in the near future.

Tokio Iinuma Staff, Safety