Interpretation ID: nht93-6.45

DATE: September 27, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Carolyn H. McDaniel

TITLE: None

ATTACHMT: Attached to letter dated 9/1/93 from Carolyn H. McDaniel to Mary Versailles (OCC-9060)

TEXT:

This responds to your September 1, 1993, letter to Mary Versailles of my staff. You are concerned with vehicles used by a company called Extradition Services, Inc. (ESI), to transport prisoners, one of which was involved in an accident in Texas. You describe the vehicle involved in the accident as follows:

...an extended Dodge van, bars over the windows, handles off the doors, one bench in a wire cage, two more bench seats and a bench seat across the back of the van. The aisle ran along the passenger side of the van. The seats appeared to be the original seats and seat belts apparently had been removed because none were present.

You also expressed concerns related to the way these vehicles were operated.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq.; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. The regulations administered by this agency only address the way in which the vehicle is manufactured, not the use of the vehicle.

Based on your description of the vehicle, there may be a question as to whether the vehicle was required to have seat belts. NHTSA has exercised its authority to establish Standard No. 208, Occupant Crash Protection (49 CFR S571.208), which requires seat belts to be installed at all designated seating positions in many, but not all, vehicles. In addition, different belt installation requirements apply depending on the vehicle type, seating position within the vehicle, and the gross vehicle weight rating (GVWR) of the vehicle. Accordingly, I cannot identify the specific belt installation requirements for the vehicle in which the prisoners were transported without knowing the date of the vehicle's manufacture, the vehicle's seating capacity, and GVWR of the vehicle.

Your letter states that you believe the seat belts were removed from the vehicle after manufacture. After a vehicle's first purchase for purposes other than resale; i.e., the first retail sale of the vehicle, a provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108(a)(2)(A) of the

Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. The "render inoperative" provision would prohibit a commercial business from removing seat belts from a vehicle. Please note, however, that the "render inoperative" prohibition does not apply to modifications owners make to their own vehicles.

Your concerns about ESI's use of the vehicle are not addressed by the Federal law administered by this agency, which addresses only the manufacture and sale of motor vehicles, not their use. It is possible that there may be an issue associated with commercial driver regulations, and we have forwarded a copy of your letter to the Federal Highway Administration. In addition, because your questions concern the safety of vehicles used to transport prisoners and an accident in Texas, you may wish to contact the Governor's Office, the head of the Texas prison system, or your state representative.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.