Interpretation ID: nht93-2.12

DATE: 03/10/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: THOMAS C. BALOGA -- MANAGER, SAFETY ENGINEERING, MERCEDES-BENZ OF NORTH AMERICA, INC.

COPYEE: JERRY SONOSKY -- HOGAN & HARTSON

TITLE: NONE

ATTACHMT: ATTACHED TO TELEFAX MEMORANDUM DATED 3-1-93 FROM THOMAS C. BALOGA TO JOHN WOMACK (OCC 8353)

TEXT: This responds to your letter asking whether the National Highway Traffic Safety Administration (NHTSA) will exercise its discretion not to institute enforcement proceedings with respect to a special seat belt installation in a Mercedes-Benz car owned by a man who weighs approximately 500 pounds. You stated that the owner cannot use the driver-side seat belt because of his large body size and that your special order 12-inch longer belt is still too short. You indicated that your factory has supplied a 30-inch longer seat belt, but that the extra-long belt assembly will not comply with the following aspects of Standard No. 209:

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

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

--no certification label is attached.

As you are aware, our agency is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required by the National Traffic and Motor Vehicle Safety Act (Safety Act) to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers and repair businesses modifying certified vehicles are affected by @ 108 (a) (2) (A) of the Safety Act. It prohibits those businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a safety standard.

In certain limited situations in the past where a vehicle must be modified to accommodate the needs of a person with a particular disability, NHTSA has stated that it would consider certain violations of Safety Act provisions as purely technical ones justified by public need, and that it would not institute enforcement proceedings. This is to advise you that we will take this position for the specific factual situation cited above, as we equate the special needs of a 500 pound individual with the needs associated with a disability. I note that we expect manufacturers to provide complying seat belts that are appropriate for the normal range of occupant sizes, including large persons. Mercedes-Benz appears to do this, as it provides a (presumably complying) special order 12-inch longer belt for large persons. We recognize that a 500 pound individual is outside the normal range of occupant sizes.

You stated that requests for extra long seat belts are likely to continue and asked whether Mercedes-Benz needs to advise NHTSA of each and every special installation or whether it is sufficient to keep appropriate records of the VIN. I note that if the agency was presented again with the same factual situation, we would expect to make the same decision. However, we would want to be advised of each such special installation. One of the factors behind our position is the special nature of the factual situation. If Mercedes-Benz wanted to provide extra long seat belts on a routine basis, we would expect it to provide a design that fully complies with Standard No. 209.