Interpretation ID: nht88-3.80

TYPE: INTERPRETATION-NHTSA

DATE: 11/01/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: CLARENCE M. DITLOW -- EXEC. DIRECTOR, CENTER FOR AUTO SAFETY

TITLE: NONE

ATTACHMT: LETTER DATED 9-9-88 TO ERIKA JONES, NHTSA, FROM CLARENCE M. DITLOW, EXEC. DIR., CENTER FOR AUTO SAFETY, OCC-2525; LETTER DATED 8-02-88 TO CENTER FOR AUTO SAFETY FROM JOANNE P. DELL'AQUILA

TEXT: This responds to your letter asking us to "investigate" a service bulletin issued by General Motors to its dealers regarding rear seat lap/shoulder belt kits to be retrofitted in models from earlier model years. You objected to General Motors' decision not to provide retrofit kits for all models, because all earlier models have shoulder belt anchorages and because you question the statement in General Motors' service bulletin that rear seat lap/shoulder belts in certain models would not offer better pr otection for rear seat occupants than lap belts alone. You concluded by alleging that General Motors' "refusal to provide shoulder belt kits for selected models is effectively frustrating" the purpose of requiring anchorages for rear seat shoulder belts to be installed in cars made since 1972 and our policy of encouraging manufacturers to provide retrofit kits for rear seat lap/shoulder belts in older vehicles.

I disagree with your allegations. Let me begin by emphasizing that we continue to support the use of rear seat lap belts, the restraint system found in most cars on the road today. While rear seat lap/shoulder belts may be even more effective, numerous studies have confirmed that rear seat lap belts are effective in reducing the risk of death or serious injuries to occupants. Therefore, NHTSA continues to urge all motorists to use the available safety belt systems in their vehicles.

However, we are encouraging vehicle manufacturers to make rear seat lap/shoulder belt retrofit kits available for those consumers who desire them, such as Ms. Dell'Aquila. General Motors has indicated to us that such a retrofit kit is available for Ms. Dell'Aquila's 1988 Buick Regal. However, General Motors' bulletin to its dealers appears to indicate that retrofit kits are not available for those cars. To clear up any confusion, we have forwarded a copy of Ms. Dell'Aquila's letter to General Motors for their response.

2

The allegations in your letter, however, go far beyond Ms. Dell'Aquila's situation to suggest erroneously that her experience shows some failure of our efforts to ensure that rear seat lap/shoulder belt retrofit kits are widely available. As you were to ld in Administrator Steed's April 28, 1987 letter to you on this subject, NHTSA does not have the statutory authority to require all manufacturers to make rear seat lap/shoulder belt retrofit kits available for all older models. Absent such authority, t he agency has sought the voluntary cooperation of the manufacturers to make retrofit kits available for those customers who desire them. The vehicle manufacturers' voluntary positive response to our encouragement is demonstrated by the current availabil ity of retrofit kits for a wide variety of model lines. In fact, the General Motors Information Bulletin enclosed with your letter shows that company has retrofit kits now available for more than 50 models of its cars, trucks, and vans.

The fact that retrofit kits are not available for all model lines produced by each manufacturer does not suggest some failure on the part of the vehicle manufacturers or of our policy. If a manufacturer makes a good faith determination that it is not ap propriate to make retrofit kits available for certain of its past models, that determination presumably reflects a thoughtful consideration of the characteristics of those individual models. We have no reason to question General Motors' determination wi th respect to a few of its past models.