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Interpretation ID: Phillips.jeg



    Mrs. Pam Phillips
    1545 Stanley Blvd.
    Calumet City, IL 60409


    Dear Mrs. Phillips:

    The State of Indiana Office of the Attorney General, Consumer Protection Division, referred to this agency your complaint regarding the purchase of a used 1991 Mercury Sable from a local Lincoln Mercury dealer.

    According to your letter, before you purchased the car, you noticed that the air bag light stayed on. You stated that an employee of the dealer told you "he would fix the air bag light that was staying on, that it would not be a problem for [you] just to bring the car back in and it would be taken care of." You stated that he did not tell you at the time of purchase that it was a great expense to correct the problem. You also stated that when you brought the car back in to get the light fixed, you were told they could not fix it, that "it was against federal law." You stated that you were never told that the light was on because the air bags were not working. You stated that you found out that the air bags did not work when your daughter was in a crash and the air bags never went off. You stated that you are very upset that the dealership sold a car that in your opinion should never have been sold to the public.

    I am sorry to hear about the experiences you have had with your car. I am pleased to hear that your daughter was wearing her safety belt.

    The laws we administer do not enable us to help you with the problem you identify. You may wish to consult with a private attorney to determine whether any remedies may be available to you under any other laws, including state laws.

    It might be helpful to provide you with some background information about the National Highway Traffic Safety Administration (NHTSA) and our requirements for air bag warning lights.

    NHTSA has the authority under 49 U.S.C. 30101 et seq. to issue Federal motor vehicle safety standards that apply to new motor vehicles and new motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards.

    One of the standards we have issued under this authority is Standard No. 208, Occupant Crash Protection. Manufacturers install air bags in their vehicles to meet the requirement of this standard. Moreover, with regard to air bag indicator lights, paragraph S4.5.2 of Standard No. 208 requires a readiness indicator for an air bag system which is clearly visible from the driver's seating position. The purpose of the readiness indicator is to advise vehicle occupants of problems in the air bag system.

    The Federal motor vehicle safety standards do not apply to used vehicles. There is a provision of Federal law that prohibits a manufacturer, distributor, dealer, or vehicle repair business from knowingly making inoperative any device or element of design installed on or in a motor vehicle in accordance with any Federal motor vehicle safety standard. This provision would prohibit a dealer from disabling a readiness indicator on a used vehicle that shows a problem with the air bag system. However, it would not have the effect of requiring a dealer to repair a used vehicle with an air bag system that has a problem.

    I note that the "make inoperative" provision would not prohibit a dealer from repairing the air bag system, including a problem with the readiness indicator, on a used vehicle. NHTSA, in fact, recommends that all safety systems on used vehicles be in good working order.

    If you have any further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

    cc:   State of Indiana
    Office of the Attorney General
    Consumer Protection Division
    RE: File No. 99F702
    Indiana Government Center South, Fifth Floor
    402 West Washington Street
    Indianapolis, IN 46204-2770

    ref:208
    d.5/1/01