Interpretation ID: nht95-3.95

TYPE: INTERPRETATION-NHTSA

DATE: August 22, 1995

FROM: Karen Coffey -- Chief Counsel; NHTSA

TO: John Womack -- Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 8/31/95 LETTER FROM JOHN WOMACK TO KAREN COFFEY (A43; STD. 208)

TEXT: Dear Mr. Womack:

At the suggestion of Mr. Ed Glancy in your office. I am writing to request guidance from the National Highway Traffic Safety Administration (NHTSA) on a particular situation which has arisen in Texas. According to Mr. Glancy, since this type of ques tion has not been addressed by NHTSA, a written request for an opinion is necessary.

Specifically, a consumer has brought their vehicle to a dealership with an automatic seat belt in which the motor on the automatic seat belt continues to run. This continuous running of the seat belt motor causes the battery on the vehicle to run dow n, rendering the vehicle inoperable.

The consumer has requested that the dealership disconnect the motor on the automatic seat belt in lieu of repairing the motor so that the vehicle's battery will not run down. The repair of the seat belt motor is estimated to cost approximately $ 500 and the repair is not covered by the manufacturer's warranty, as it is a 1990 model vehicle with over 64,000 miles on the odometer. The seat belt may still be connected manually if and when the automatic seat belt motor is disconnected.

As you are aware, section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act states:

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

It is my understanding that if an air bag is deployed on a motor vehicle, NHTSA does not require the motor vehicle repairman to replace the air bag because of the above "render inoperative" provision.

In this situation, the automatic seat belt is not functioning as it was originally manufactured nor in accordance with the safety standards; thus, to disconnect the motor cannot, arguably, render inoperative what is already malfunctioning.

If the dealership disconnects the motor on the automatic seat belt, according to NHTSA, will the dealership be in violation of the "render inoperative" provision, cited above, or of any other federal standard or regulation?

As you can well understand, this situation is one in which I would appreciate your opinion as soon as possible as the consumer is anxious and in need of his/her motor vehicle.

If you need additional information or if you have any questions, please do not hesitate to contact me at 512-476-2686.