Interpretation ID: nht88-4.43

TYPE: INTERPRETATION-NHTSA

DATE: 12/19/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: AMIT REIZES

TITLE: NONE

ATTACHMT: APRIL 6, 1988 LETTER FROM REIZES TO STEED AND SEPTEMBER 1987 ISSUE OF "CONSUMER INFORMATION"

TEXT: This responds to your letter to Administrator Steed asking this agency to require motor vehicle manufacturers to install air bags in all cars sold in this country. You asserted that such a requirement would both further motor vehicle safety and be cost effective. I am pleased to have this opportunity to clarify your understanding of our requirements for automatic crash protection.

Former Secretary of Transportation Dole announced a final decision on occupant crash protection on July 17, 1984. Although you may be familiar with many of the elements of that decision, I believe it would be helpful to review briefly that decision. Th is decision provides a comprehensive approach designed to save as many lives as quickly as possible. In the near term, the decision asked the individual States to consider passing mandatory safety belt use laws. We believe that effectively enforced Sta te laws requiring the proper use of safety belts offer our best opportunity to save lives today at virtually no cost to the consumer. The decision also reflects our belief in the value of automatic occupant protection systems, such as air bags and autom atic safety belts, by requiring all new cars to be equipped with automatic occupant protection starting with the 1990 model year. The automatic protection requirement is phased in during the preceding three years. For example, 40 percent of all 1989 mo del year vehicles must be equipped with automatic occupant protection.

To encourage manufacturers to offer a range of automatic restraint technologies, the decision provides extra credit for cars equipped with innovative automatic protection, such as air bags. We hope to see a substantial number of air bags available by th e 1990 model year. The decision also specifies that, if States with two-thirds of the U.S. population enact effective safety belt use laws by early 1989, the requirements for automatic protection will no longer apply. In either event, motorists will be assured of substantially improved crash protection.

To address your special concerns, then, there is a requirement that all 1990 and later model year cars be equipped with automatic occupant protection. However, this requirement does not make air bags mandatory. Instead, manufacturers are permitted to i nstall any automatic occupant restraint technology that meets the occupants protection requirements. Thus, occupants may be protected by automatic safety belts (i.e., belts that require no action on the part of the occupant of be effective), air bags, o ther technologies such as "passive interiors," or any combination of these technologies.

The option for manufacturers to use any of the various forms of automatic restraints was based on the fact that these restraints have been shown to be comparably effective. Based on the currently available information, I believe that consumers who prefe r air bags, such as yourself, will have the opportunity to purchase a wide variety of 1990 model year cars equipped with air bags. Similarly, those consumers that prefer automatic safety belts will have the opportunity to purchase a variety of 1990 model year cars equipped with the type of automatic restraint system they prefer.

Presently, eleven foreign and domestic manufacturers offer driver-side and/or passenger side air bags as standard or optional equipment. By MY 1990, domestic manufacturers plan to increase the installation of air bags on selected lines. For example, by MY 1990, Ford plans to install air bags in one million cars; General Motors in 500,000 cars; and Chrysler in 700,000 to 900,000 cars. In addition, for MY 1989, Chrysler expects to equip 200,000 vehicles with driver-side air bags. Several foreign manufa cturers who do not now offer air bags have plans to do so by 1990.

I also am enclosing a consumer information brochure concerning air bags. I hope that this information is helpful. If you have any further questions on this topic, please do not hesitate to contact me.