Interpretation ID: nht88-1.26

TYPE: INTERPRETATION-NHTSA

DATE: 02/05/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The Honorable Leon E. Panetta

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Leon E. Panetta Member, U.S. House of Representatives 380 Alvarado Street Monterey, CA 93940

Dear Mr. Panetta:

This responds to your inquiry on behalf of Dr. Courtney F. Morgan, a constituent of yours. Dr. Morgan has purchased a 1987 model year Saab. The particular version of the model he saw at the dealership was equipped with manual lap/shoulder safety belts. H owever, the actual car that was delivered to Dr. Morgan was equipped with automatic safety belts. Dr. Morgan feels that the automatic belts are "hazardous and cumbersome," and asked what he must do in order to remove the automatic belts and have manual s afety belts installed in place of the automatic belts. I am pleased to have this opportunity to explain our law and regulations to you.

Pursuant to the National Traffic and Motor Vehicle Safety Act in 1966 (the Safety Act: 15 U.S.C. 1381 et seq.), a Federal safety standard on occupant crash protection was issued in 1967 requiring the installation of manual safety belts in all new passeng er vehicles. Although these manual safety belts have shown their effectiveness as safety devices, only a relatively small number of motorists used their manual belts. As recently as 1984, only 12.5 percent of front seat occupants wore their manual belts. Because so few people used their manual safety belts, the Department issued the first requirement for automatic restraints in passenger cars in 1970, and it was scheduled to take effect in 1973. That implementation date was delayed for a variety of reas ons. On June 24, 1983, the Supreme Court of the United States found our decision to repeal the requirement for automatic restraints was "arbitrary and capricious," and ordered us to reconsider the decision (Motor Vehicle Manufacturers Association v. Stat e Farm Mutual Automobile Insurance Co., 463 U.S. 29). Against this background, former Secretary of Transportation Dole issued a final rule amending the Federal safety standard on occupant crash protection on July 17, 1984.

That decision, which promotes both automatic restraints and State safety belt use laws, provides a comprehensive approach designed to save as many lives as possible as quickly as possible. We believe that effectively enforced State laws requiring the pro per use of the manual safety belts reflects our belief in the value of automatic occupant protection systems, such as air bags and automatic belts, by requiring all new cars to have automatic protection starting with the 1990 model year. The automatic pr otection requirements are phased in during the preceding three model years, beginning with 10 percent of each manufacturer's 1987 model year cars. Each manufacturer must equip 25 percent of its 1988 model year cars with automatic occupant protection syst ems, and 4 percent of its 1989 model year cars with automatic occupant protection systems. However, if the Secretary determines not later than April 1, 1989, that State belt use laws have been enacted that meet certain criteria and that are applicable to two-thirds of the U.S. population, then the automatic restraint requirements will be rescinded.

The following prohibition appears in section 108 of the Safety Act: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle ... in c ompliance with an applicable Federal motor vehicle safety standard ..." In this case, the automatic safety belts in Dr. Morgan's Saab are a "device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle s afety standard." Removal of the automatic belts would render them inoperative. Therefore, Federal law prohibits Saab, any other manufacturer, and any distributor, dealer, or motor vehicle repair business from removing the automatic safety belts from Dr. Morgan's car.

Please note that this Federal prohibition does not prevent Dr. Morgan himself from removing the automatic belts from his car. However, we encourage vehicle owners not to tamper with the occupant crash protection systems installed in their vehicles. If Dr . Morgan were to remove the automatic belts himself and improperly install manual safety belts, he would be putting himself and other vehicle occupants at substantially greater risk of injury in a crash.

Please thank Dr. Morgan for informing us of his views on this subject. We welcome the interest of all concerned citizens on this important subject and I appreciate this opportunity advise you of our efforts to improve occupant crash protection for all Am ericans.

Sincerely,

Erika Z. Jones Chief Counsel

December 18,1987

To: Ms. Nancy F. Miller, Director Office of Congressional Affairs U.S. Department of Transportation 400 Seventh Street, S.W., Room 10406 Washington, D.C. 20590

ENCLOSURES FROM:

Courtney F. Morgan, Ph.D.

RE: Dr. Morgan has contracted my office regarding his wish to have passive restraining system presently installed in his car replaced with a 3-point seatbelt system.

Would you please review the attached and reply to the concerns/questions which this constituent has brought to my attention? This matter has also been referred to the California Department of Motor Vehicles.

Thank you for your assistance.

I would appreciate your attention to the attached correspondence. Please direct your reply to the address to the address below.

Thank you very much for your attention to this matter.

Sincerely,

LEON E. PANETTA Member of Congress

PLEASE RESPOND TO ME AT: 380 Alvarado Street Montrey, California 93940 (408) 649-3555

Attention: Ken Christopher; (408) 429-1976

DATE: Dec. 8, 1987

STAFF MEMBER: KWC

CONSTITUENT'S NAME: Courtney F. Morgan, Ph.D.

ADDRESS: 351-D Western Dr. Santa Cruz, CA 95060

PHONE: 408 / 429-4382 area code

INFORMATION REQUESTED: (be specific)

Dr. Morgan purchased a new car, and would like information on how he can get the passive seatbelt restraints replaced with the 3-point seatbelt system that was formerly used in pre-1988 cars.

Dr. Morgan states that he bought a 1987 1/2 Saab 900-S coupe. When he viewed the car, it had the 3-point seatbelt system. Dr. Morgan ordered the car, and by the time his car arrived, the new models with passive seatbelt restraints were being manufactured . Dr. Morgan has learned

that these new type of restraints are being ordered by the National Highway Traffic Safety Administration (NHTSA), a branch of the U.S. Department of Transportation. Dr. Morgan feels that these passive restraints are hazardous and cumbersome. He wrote to the President of Saab, and was told that the company was only complying with a Federal order.

Therefore, Dr. Morgan would like to know what he must do in order to legally remove the passive restraints and have the 3-point seatbelt system he prefers installed.