Interpretation ID: nht79-3.3
DATE: 08/28/79
FROM: AUTHOR UNAVAILABLE; F. Berndt for Joan Claybrook; NHTSA
TO: Honorable David Boren - U.S. Senate
TITLE: FMVSS INTERPRETATION
TEXT:
AUG 28 1979
Honorable David Boren United States Senate Washington, D.C. 20510
Dear Senator Boren:
This responds to your letter of August 2, 1979, on behalf of your constituent, Mr. Thomas J. Weaver, regarding problems he is having with the automatic belt system on his Volkswagen Rabbit. Apparently, the belt system does not properly fit Mr. Weaver, and Volkswagen has stated it cannot lower the driver's seat to correct the problem because of Federal regulations.
Before getting into the details of this matter, I want to express my admiration for Mr. Weaver in his efforts to obtain the benefits of his safety belts. It is discouraging to hear that a person wishing to use his belts is unable to do so. However, I must stress that we have no authority to compel a manufacturer to alter a vehicle in a situation like this. The most we can do is attempt to clarify whether it is federal law or other factors that led to Volkswagen's reluctance to make the alterations desired by Mr. Weaver.
The discussion in the letter you received from Mr. Kenneth Adams, Volkswagen's Washington representative, needs some clarification. Safety Standard No. 208, Occupant Crash Protection (49 CFR 571.208), requires passenger cars to be equipped with safety belts that adjust to fit drivers ranging in size from a 5th-percentile adult female (weighing about 102 pounds) to a 95th-percentile adult male (weighing about 215 pounds). Therefore, the regulation requires safety belts to fit at least 90 percent of the driving population. Of course, nothing prohibits manufacturers from designing their belts to fit 100 percent of the population, and the agency encourages manufacturers to do so. The standard is only a minimum requirement, allowing manufacturers some leeway because of unusual body sizes at either end of the spectrum.
Mr. Adams also stated in his letter to you that lowering the seat would change the performance characteristics of Volkswagen's belt system and would make it necessary "to begin the entire testing process for certification again." This statement too requires clarification. At the present time, Safety Standard No. 208 does not require safety belts as installed in motor vehicles to meet dynamic performance requirements. Dynamically testing safety belts would entail restraining a test dummy with a vehicle's safety belts and testing their performance by crashing the vehicle into a test barrier. In such testing, the position of the seat in relation to the belts would be important. However, the current requirements do not involve testing safety belts inside the vehicle. They require that the belts meet certain laboratory tests and that belts capable to passing those tests be installed in new vehicles.
Further, regardless of the type of performance standards involved, lowering the seat of a used vehicle could not raise any question about recertification. Certification relates to new vehicles exclusively. The only question which lowering the seat would lose under our statute, the National Traffic and Motor Vehicle Safety Act, would be whether lowering the seat would cause equipment installed pursuant to Federal safety standards to no longer be in compliance. Section 108(a)(2)(A) of the Act prohibits manufacturers, distributors, dealers and repair businesses from knowingly rendering inoperative safety equipment. If this prohibition is the concern of Mr. Adams of Volkswagen, perhaps he can clarify for your constituent how Volkswagen believes lowering the seat would violate that prohibition. Mr. Adams does not state that lowering the seat would preclude the belt system from adjusting to fit the range of people specified in the standard.
It may be that Volkswagen's reluctance to lower the seat stems from a concern about products liability. Lowering the seat could very well alter the performance of the Volkswagen automatic belt system.
In an effort to promote further clarification of Volkswagen's position, I am sending a copy of this letter to Mr. Adams. The only further thing I can do is suggest that Mr. Weaver contact Mr. Adams again and obtain his reaction to my letter. Perhaps we can then see what other alterations are available. I hope some adjustment can be made to accommodate Mr. Weaver.
Sincerely,
Joan Claybrook
Enclosure Constituent's Correspondence
cc: Kenneth R. Adams Deputy Washington Representative Volkswagen of America, Inc. 475 L'Enfant Plaza, S.W. Washington, D.C. 20024
August 2, 1979
The Honorable Joan Claybrook, Administrator National Highway Traffic Safety Administration 400 Seventh Street, S. W. Washington, D. C. 20590
Dear Ms. Claybrook:
Enclosed are copies of a letter from a constituent concerning a problem he is experiencing with his new car seat belts and the corresponding answer from the government relations department of the car manufacturer.
As evidenced from the letter from the car manufacturer, the Federal Government requires that the car be equipped with seat belts that will fit more than 90% of the population. What is to be done for those other 10% who must try to cope with the regulations on seat belts, but do not want to do anything violative of the law and are unable to get any relief from the car manufacturer?
I would appreciate it if you could give me some information that would be helpful to Mr. Weaver. If you know of any special waiver to the regulations that can be granted on an individual basis such as this, it would be very helpful in assuring that Mr. Weaver is given full satisfaction while still obeying the regulations under which he must operate his car.
Thank you in advance for any assistance you may be able to give in this matter. Your full attention to this problem is respectfully requested.
Sincerely,
David L. Boren United States Senator
Enclosures
July 3, 1979
The Honorable David Boren United States Senate Washington, D.C. 20510
Dear Senator Boren:
Thank you for the inquiry from Mr. Thomas J. Weaver regarding the seat belt system in his Volkswagen 4-door Rabbit-L Diesel vehicle.
I have personally checked with our safety engineers regarding the possibility of modifying Mr. Weaver's seat belt system. The system in Mr. Weaver's Rabbit is 100 percent in compliance with Federal standards for occupant crash protection. In fact, it is the Federal government that requires our seat belts to fit more than 90 percent of the American population.
To comply with these Federal standards, Volkswagen employs an integrated passive belt system in the model that Mr. Weaver owns. The occupant is protected by a combination of design features in the car which include the belt itself, a kneebar, the wheel and a special type of seat. If we were to lower the seat, the performance characteristics of our belt system would change, and it would be necessary to begin the entire testing process for certification again.
Therefore, because of the requirements of Federal laws in this area, we are unable to recommend an adjustment in the height of the seat.
If I can be of any further assistance, please don't hesitate to contact me.
Sincerely,
Kenneth R. Adams Deputy Washington Representative
KRA:hk
025 N. Sherry Avenue Norman, Oklahoma 73069 21 April 1979
The Honorable David Boren United States Senate Washington, D. C.
Dear Senator:
I recently purchased a Volkswagon 4-door Rabbit-L diesel automobile. The seat belts in the front seats are attached to the front doors so the seat belts "put themselves on" as the driver and front seat passenger enter the car. When I am driving the seat belt should come over my left shoulder. Instead it comes across my left arm. In an emergency situation where the seat belt mechanism became locked, this would severly restrict the use of my left arm in turning the steering wheel and could cause an accident.
Due to the large backlog of orders, I was not able to test drive this model car before purchase. Soon after delivery I notified the local dealer, Thunderbird Imports, of this problem and requested the front seats be lowered which would eliminate the problem. I was told the local dealer could not modify any of the safety system without the authorization of at least the regional office.
On 3 April 1979 I sent letters to the San Antonio Regional Office and the national headquarters in Englewood Cliffs, New Jersey, stating the problem and requesting that the front seats be lowered. On 19 April a representative from the San Antonio Regional Office, Jack Atwood, observed the situation but stated the car was made to specifications and no modifications could be made. The seat belts fit him properly--but he doesn't drive my car! Mr. Atwood passed the buck stating that only the U.S. Government could authorize changes to an approved automobile design. Today I recieved a letter from the San Antonio Regional Office confirming they would do nothing to correct this safety hazard.
Is there anything you can do have them lower the front seats of my car? I realize this is a lot of difficulty to make my car safer to drive. In their current position, I feel the seat belts are more likely to contribute to accidents and injury than to prevent them.
Sincerely,
Thomas J. Weaver
Copy to: Thunderbird Imports