Interpretation ID: nht75-3.19

DATE: 06/10/75

FROM: AUTHOR UNAVAILABLE; James C. Schultz; NHTSA

TO: Larry Winn Jr.; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letters of January 28 and May 14, 1975, inquiring about the effect of Federal motor vehicle safety standards on a constituent's problem in finding a mid-size American car with a sufficiently adjustable seat or a dealer willing to modify such a vehicle to accommodate your constituent's 6'8" frame.

The Motor Vehicle and Schoolbus Safety Amendments of 1974, P.L. 93-492, amended the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381 (et seq., to prohibit any "manufacturer, distributor, dealer or motor vehicle repair business" from "knowingly render (ing) inoperative . . . 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 . . ." Because seat position is a variable which may affect compliance with several safety standards, dealers are understandably wary about relocating a vehicle's seat.

The obvious solution for this problem is for the manufacturer to determine how far its seats can be moved outside their normal adjustment ranges and still comply with applicable standards, and then to make this information available. I hope that Mr. Morton has found a dealer or manufacturer who is willing to make an effort to do this instead of relying on the excuse that Federal law precludes any solution. Mr. Morton also has two other alternatives: to buy and have installed a custom seat from a company willing to certify the altered vehicle under 49 CFR 567.7, or to move the original seat himself or with the assistance of people who are not in the motor vehicle repair business.

SINCERELY,

Congress

House of Representatives

May 14 1975

Congressional Affairs DEPARTMENT OF TRANSPORTATION

The attached communication is sent for your consideration. Please investigate the statements contained therein and forward me the necessary information for reply, returning the enclosed correspondence with your answer.

LARRY WINN, JR. Third Congressional District of Kansas

January 28, 1975

Director Congressional Liaison DEPARTMENT OF TRANSPORTATION The attached communication is sent for your consideration. Please investigate the statements contained therein and forward me the necessary information for reply, returning the enclosed correspondence with your answer.

LARRY WINN, JR. Third Congressional District of Kansas