Interpretation ID: nht93-2.1

DATE: 03/01/93

FROM: THOMAS C. BALOGA -- MANAGER, SAFETY ENGINEERING, MERCEDES - BENZ

TO: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

COPYEE: JERRY SONOSKY -- HOGAN & HARTSON

TITLE: LONGER SEAT BELT FOR OVER-SIZE MERCEDES-BENZ OWNER

ATTACHMT: ATTACHED TO LETTER DATED 3-10-93 FROM JOHN WOMACK TO THOMAS C. BALOGNA (A40; VSA 108 (a)(2)(A); STD. 209)

TEXT: This refers to my telephone discussion with Ed Glancy on March 1, 1993 concerning a longer seat belt.

Mercedes-Benz of North America, Inc. has been contacted by the owner of a Mercedes-Benz car who cannot use the driver-side seat belt because of his large body size (approx. 500 lbs). Since our special order 12 inch longer belt is still too short, our factory has supplied a 30 inch longer-than-standard seat belt for installation in this man's car. The extra-long belt assembly will not comply with the following aspects of Standard 209:

- seat belt will not completely roll-up into B-pillar due to excessive webbing on spool;

- seat belt not tested for retraction spring durability therefore may not pass the retractor cycle test;

- no certification label is attached.

We ask that you please advise us as soon as possible whether NHTSA will, under these circumstances, exercise appropriate discretion in non-enforcement of Standard 209 for this special seat belt installation. This discretion would be similar to Chief Counsel interpretations concerning non-enforcement of Standards when special equipment for handicapped drivers is installed. Without this action from you, the man will not be protected by a seat belt. We know that requests for extra long seat belts are likely to continue and we ask that you please advise us whether Mercedes-Benz of North America, Inc. needs to advise you of each and every special installation or whether it is sufficient for us to keep appropriate records of the VIN etc. It is our intention to advise the owner to have the original belt re-installed before selling the car.

Thank you for your quick response.