Interpretation ID: nht75-4.33

DATE: 04/10/75

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Director of Safety - CINCUSAREUR

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your question whether a recent amendment of Standard No. 208, Occupant crash protection, which modified the requirement for a seat belt warning system, would make legal the disconnection of warning systems which conformed to earlier requirements.

The answer to your question concerning vehicle owners is yes. Disconnection of safety devices is subject to a Federal statute, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 et seq.), as recently amended (P.L. 93-492). For your information, I will summarize the relevant provisions on disconnection.

The Safety Act prohibits knowing disconnection of safety devices after the first retail sale, as well as before this sale, with three exceptions.

First, after December 26, 1974, a private party may disconnect any devices after sale. Generally, a manufacturer, distributor, dealer, or repair business may not knowingly disconnect safety devices except during repair of the vehicle.

Second, after December 26, 1974, any person, including a new car dealer, may disconnect the ignition interlock and continuous buzzer (but not the warning light) at any time after sale of 1974- or 1975-model passenger car. This does not include the 8-second buzzer found on the newest 1975 models.

Third, a dealer may disconnect the ignition interlock and continuous buzzer (but not the warning light) at the request of the first purchaser before sale of the new vehicle. This is the only exception to the rule that no person may disconnect any safety devices prior to sale. This does not include disconnection of the 8-second buzzer found on the newest 1975 models.

YOURS TRULY,

DEPARTMENT OF THE ARMY

HEADQUARTERS UNITED STATES ARMY, EUROPE and SEVENTH ARMY OFFICE OF THE DEPUTY CHIEF OF STAFF, PERSONNAL

MARCH 3, 1975

Administrator National Highway Traffic Safety Administration US Department of Transportaion

Reference the amendment to Motor Vehicle Safety Standard No. 208 published in the 6 December 1974 issue of the Federal Register (Vol 39, No. 236).

Since the continuous or intermittent audible signal of one minute or more duration is no longer required, is it permissible for owners to disable these warning devices on vehicles so equipped.

LEONARD F. BLANDA Director of Safety