Interpretation ID: nht80-3.8

DATE: 06/23/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Flair Interiors Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter asking whether an assembler of automotive seating would be responsible for defects in the metal frames used in the seats. Apparently, you purchase metal frames from a supplier and then pad and cover them as vehicle seats.

The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of motor vehicles and motor vehicle equipment pursuant to authority of the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1381, et seq.). There are two safety standards directly applicable to vehicle seating, Standard No. 207, Seating Systems, and Standard No. 302, Flammability of Interior Materials. However, both of these standards apply only to completed vehicles and are, therefore, the responsibility of the vehicle manufacturer, not a supplier such as your company.

In addition to the Federal safety standards, manufacturers of motor vehicles and motor vehicle equipment are responsible for any defects in their products which affect motor vehicle safety. Under 49, Code of Federal Regulations, Part 579.5, the vehicle manufacturer is responsible for any safety-related defect determined to exist in the vehicle or in any item of original equipment, including the original seats. Each manufacturer of an item of replacement equipment is responsible for any safety-related defect in that equipment. Therefore, if you are selling your seats to a vehicle manufacturer, that manufacturer would be responsible for the seats. If, however, you are selling the seats as aftermarket equipment, you would be responsible for their safety.

This means you would have to recall the equipment and remedy free of charge any defect relating to motor vehicle safety. If the defect resulted from faulty frames, you could still be held responsible for the seat under Federal law, since you would be considered the manufacturer. You will have to contact a private attorney to determine whether you would then have a right of action against the manufacturer of the seat frames.

SINCERELY,

Flair Interiors, Inc.

May 14, 1980

Office of Chief Council National Highway Traffic Safety Administration

Dear Sir,

We are a sewing room that assembles automotive seating. We purchase metal frames and cover them with poly foam and fabrics in various styles. I have had a telephone conversation with Mr. Vince Querrils from the Office of Safety Standards, and I understand from him that we would not be held liable for the metal frames since we do not manufacture them. Is this correct? We need to know what our responsibilities are concerning the safety codes on this type of product.

Thank you for any information you can give us in regards to this.

SINCERELY,

Ms. Frances Zinn

President