Interpretation ID: nht78-2.37

DATE: 06/20/78

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Minnesota Motor Company

TITLE: FMVSR INTERPRETATION

TEXT: Administrator Claybrook has asked me to respond to your recent letter concerning the installation of safety belts in the cargo area of a van vehicle for the purpose of securing wheelchair patients. Apparently, your legal counsel has advised you that such installation might be prohibited by Federal law or might give rise to private litigation problems in the future.

In answer to your questions, there is nothing under Federal law or the Federal motor vehicle safety standards that would prevent the installation of safety belts in the cargo area of a van to secure wheelchairs. In fact, Administrator Claybrook and the National Highway Traffic Safety Administration encourage you to make the installation requested by the senior citizens home. The safe transportation of disabled persons is currently a serious problem and every effort should be made to ameliorate the situation.

The only instance in which you would have any responsibilities under Federal law would be an installation of additional safety belts prior to first purchase of the van by a consumer. In that case you would be a vehicle alteror, and under our certification regulations you would be required to place an additional label on the vehicle specifying that, as altered, the vehicle is still in compliance with all applicable safety standards (49 CFR 567.7, copy enclosed). For example, you could not destroy the vehicle's compliance with our Fuel System Integrity standard by penetrating the gas tank with the safety belt anchorage bolts.

Concerning your liability in private litigation, the general provisions of negligence law would be applicable, as with any maintenance, repair or alteration done by a motor vehicle repair business. I must defer to the advice of your own counsel on that matter, however.

Once again, the agency does encourage the installation of safety belts for the securement of wheelchairs, since the disabled are seriously endangered without some type of restraint to protect them in a crash. Further, I believe that your fears of liability should be minimal as long as the installation is accomplished with normal consideration and due care.

Please contact Hugh Oates of my office if you have any further questions (202-426-2992).

SINCERELY,

MINNESOTA MOTOR COMPANY

May 19, 1978

Joan Claybrooke National Hwy Traffic Safety Adm.

Dear Ms. Claybrooke:

We have been approached by a local senior citizens home to install safety seat belts in the rear cargo area (of a 1978 Chevrolet Sport Van) to protect patients confined to wheelchairs when being transported.

We have discussed this matter with our state auto dealer legal counsel and they are reluctant to give an affirmative opinion in view of possible litigation in the future. In your recent talk to the Economic Club of Detroit, one of your suggestions concerning safety belts was to "look for ways to increase usage." The administrator of the home is asking us to put them in, but our concern centers around recent court decisions regarding liability, which apparently lasts forever. We would be willing to do the installation, we have found a local supplies of webbing to be used, and the people want it done. However, where do we go.

Possibly, some of the answer could lie in lesser degree of governmental intervention in all phases of business, and getting away from the idea that because some individual has a disagreement with a small business firm or a large manufacturer, the individual is always the one who has been wronged. As a general rule, anyone in business knows full well that he has to satisfy the customer to stay in business and make a profit. Certainly, there are the marginal and downright crooked businessman, as there are in many other portions of our working population. But, the majority of businessmen are conscientious enough to outweigh the bad apples.

Getting back to the problem at hand - what would be your suggestions in the matter of the seat belt installation. Are we asking for problems in case of a failure, or should we try to protect our senior citizens by offering them some safety?

Please advise at your earliest opportunity.

Warren L. VanderLinden Sales Manager