Interpretation ID: nht76-5.14

DATE: 05/03/76

FROM: AUTHOR UNAVAILABLE; William T. Coleman Jr.; NHTSA

TO: Delbert L. Latta; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your March 23, 1976, request for consideration of the views of a constituent that provision of air cushion restraint systems in passenger cars would be too costly, and that motor vehicle regulation should concentrate on used vehicles because they are equipped with fewer safety and emission features.

As you are aware, the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. @ 1391 et seq.) directs the Secretary of Transportation to issue motor vehicle standards that will reduce the number of accidents and deaths, and the severity of injuries, that occur on our nation's highways. The National Highway Traffic Safety Administration (NHTSA) of the Department of Transportation evaluates the available means to meet this goal. Restraining vehicle occupants to protect them against impact with the vehicle interior in a crash offers one of the greatest opportunities for improving motor vehicle safety. Reliance on existing seatbelt systems has prevented only a small portion of the death and injuries that occur from impact with the vehicle interior. For this reason, other means of providing restraint are under consideration. I can assure you that the issues of purchase cost, replacement cost, and the alternatives to air cushions are being included in this consideration.

The safe operation of motor vehicles has traditionally been regulated by the individual States and not the Federal Government. While the Act does not authorize the retrofit of safety devices to vehicles in use, the NHTSA has issued a highway safety program standard for State periodic motor vehicle inspection programs (23 CFR @ 1204.4). Part 570, Vehicle in Use Standards (49 CFR Part 570), sets forth a procedure for inspection of older vehicles for use by the States in implementing the program standard. Also, the NHTSA has established demonstration diagnostic inspection projects that include emission as well as safety inspection of vehicles in use.

I have no basis for comment on the reported decision by Allstate Insurance Company not to consider the effects of bumper modification in establishing its premium structure.

I trust that this response will answer your constituent's questions.