Interpretation ID: postalvehicles.rbm
L.W. Camp
Director
Automotive Safety Office
Environmental and Safety Engineering
Ford Motor Company
330 Town Center Drive
Dearborn, MI 48126
Dear Mr. Camp:
This letter responds to your request for a legal interpretation of paragraph S4.5.1(b)(3) of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Specifically, you want to know if Ford Motor Company may place a label other than the air bag label required by S4.5.1(b)(i) on a sun visor if the applicable seating position is legally built without an air bag. I apologize for the delay in our response.
By way of background, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. The following represents our opinion based on the facts set forth in your letter.
You stated in your letter that you are supplying the U.S. Postal Service with right hand drive vehicles over a period of two years. The Postal Service has requested that the vehicles be built without air bags as allowed by S4.2.2 of FMVSS No. 208. You also stated that Ford would like to place a label on the sun visor over the front outboard seating position informing the driver that the vehicle is not equipped with air bags and that he or she should always wear both lap and shoulder belts. You are concerned that paragraph S2.5.1(b)(3) could be read as preventing Ford from placing such a label on the sun visor.
Paragraph S4.5.1(b)(3), FMVSS No. 208 provides:
Except for information on an air bag maintenance label placed on the visor pursuant to S4.5.1(a) of this standard, or on a utility vehicle warning label placed on the visor that conforms in content, form, and sequence to the label shown in Figure 1 of 49 CFR 575.105, no other information shall appear on the same side of the sun visor to which the sun visor air bag warning label is affixed. Except for the information in an air bag alert label placed on the visor pursuant to S4.5.1(c) of this standard, or on a utility vehicle warning label placed on the visor that conforms in content, form, and sequence to the label shown in Figure 1 of 49 CFR 575.105, no other information about air bags or the need to wear seat belts shall appear anywhere on the sun visor.
Paragraph S4.5.1(b)(1)(i), FMVSS No. 208 provides, in part:
Each front outboard seating position that provides an inflatable restraint shall have a label permanently affixed to the sun visor for that seating position on either side of the sun visor, at the manufacturer's option....
The requirements of S4.5.1(b)(3) are limited by the requirements of S4.5.1(b)(1). This is because there is no need to place an air bag label over a seating position for which there is no air bag. Likewise, there is no need to restrict the content of a label that is voluntarily placed on a sun visor when no label is required. The reason that NHTSA has specified a particular air bag label is because we believe this is an area where uniformity in message and design furthers the interest of motor vehicle safety. If no label is required, there is no need to prevent another label that provides an important safety message. Accordingly, we have no objection to Ford placing a label on the sun visor notifying occupants that there is no air bag and that they should use the available restraint system.
I hope this information is helpful to you. Should you have any further questions or desire additional information, please feel free to contact Rebecca MacPherson of my staff at this address or at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:208
d.4/21/2000