Interpretation ID: nht89-1.94

TYPE: INTERPRETATION-NHTSA

DATE: 05/25/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: HARRY REID -- UNITED STATES SENATE

TITLE: NONE

ATTACHMT: LETTER DATED 03/08/89 FROM PATRICIA KLINGER WATHEN -- DOT TO HARRY REID -- SENATE; LETTER DATED 02/23/89 FROM HARRY REID -- SENATE TO DOT; LETTER DATED 02/03/89 FROM STEVEN P. ELLIOTT TO HARRY REID -- SENATE, RE AUTHORIZATION TO DISCONNECT AUTO MOBILE AIR BAGS; REPORT FROM DAVID J. ROMEO AND JOHN B. MORRIS, DRIVER AIR BAG POLICE FLEET DEMONSTRATION PROGRAM A 24 MONTH PROGRESS REPORT AT EXPERIMENTAL SAFETY VEHICLE CONFERENCE OXFORD, ENGLAND, JULY 1-5, 1985; RESEARCH NOTES ON, CRASH EXPERIENCE OF GOVERNMENT SPONSORED AIR BAG VEHICLES THROUGH 03/31/89, FROM VERNON ROBERTS

TEXT: Dear Senator Reid:

Thank you for your letter to the Department of Transportation, on behalf of the City of Sparks, Nevada. That city's police department has received six new patrol cars equipped with air bags. According to the City Attorney for Sparks, the city police ca rs are often required to push disabled vehicles out of travel lanes of highways and the police officers are afraid that the air bags will be activated during these pushing operations. You asked if the Department of Transportation would authorize the Spa rks police department to disconnect the air bags on its patrol cars. I am pleased to have this opportunity to explain our law and regulations to you.

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to issue safety standards applicable to new vehicles and new items of motor vehicle equipment. We have exercised this authority to issue Standard No. 208, Occupant Crash Protection (49 CFR S 571.208). Standard No. 208 requires all 1990 model year cars to be equipped with automatic crash protection, and specified percentages of each manufacturer's 1987, 1988, and 1989 model year cars to be so equipped. Chrysler, the manufacturer of the patrol cars in question, has chosen to comply with the requirement for automatic crash protection by installing air bags in these police cars.

When a safety standard like Standard No. 208 is in effect and applicable to new passenger cars, the Safety Act prohibits any person from manufacturing, selling or offering for sale, importing, or introducing in interstate commerce any new car that does n ot comply with the safety standard. However, the Safety Act provides that these prohibitions do not apply after the first purchase of the car "in good faith for purposes other than resale." Hence, the Federal requirement that the cars comply with all ap plicable safety standards ceased to apply when the Sparks city police department purchased these cars, since the police department bought these cars in good faith to use them as police patrol cars, not to resell them.

After the first purchase of a car in good faith for purposes other than resale, the Safety Act prohibits any manufacturer, distributor, dealer, or repair business from "rendering inoperative" any device or element of design installed in the car in compli ance with an applicable safety standard. Obviously, disconnecting air bag systems would have that effect. Accordingly, Federal law prohibits any manufacturer, distributor, dealer, or repair shop from disconnecting the air bag systems on the Sparks poli ce department cars.

Please note that the Safety Act does not prohibit individual vehicle owners from rendering inoperative safety features on their own vehicles. Hence, the City of Sparks does not need any sort of "authorization" from this agency to disconnect the air bag systems on the city's police cars. The City of Sparks is permitted to disconnect the air bags on its own vehicles without violating any Federal law, just as any resident of Sparks can remove any safety equipment they like from their own vehicles without violating Federal law. Such removals may, however, violate the laws of the State of Nevada.

I recommend that the city carefully consider the effects of disconnecting the air bag systems in its police cars, even though Federal law does not prohibit the city from doing so. The air bags in those cars are an effective means of protecting vehicle o ccupants in frontal crashes. As to the possibility of inadvertent deployment of air bags in police cars, I note that the agency has entered into a contract under which police cars have been retrofitted with air bag systems, without a single reported ins tance of an air bag detonation while pushing a disabled vehicle. Enclosed is a report with some additional information on this contract. Particularly since the City of Sparks police officers face the possibility of becoming involved in high speed pursu it situations, we believe those police officers deserve the benefits of automatic crash protection in their police cars.

I hope this information is helpful. Please do not hesitate to contact us if you have any further questions or need additional information on this subject.

Sincerely,

Enclosure