Interpretation ID: 1982-3.25

TYPE: INTERPRETATION-NHTSA

DATE: 11/26/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Fowler-Finch, Inc

TITLE: FMVSS INTERPRETATION

TEXT:

NOV 26 1982

NOA-30

Ms. Joann Stewart Account Representative Fowler-Finch, Inc. P.O. 63 New Lebanon Center, N.Y. 12126

Dear Ms. Stewart:

This responds to your recent letter asking whether the automatic belt systems in 1979 and 1980-model Volkswagens qualify as a "passive restraint system" under Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection. You need this information to determine if one of your insureds can obtain the discount your company offers for automobiles equipped with passive restraints.

The answer to your question is yes. The Volkswagen automatic belt system qualifies as a passive restraint. The agency has stated that a "passive restraint" is a system that requires no action by vehicle occupants in order to obtain protection. The Volkswagen passive belt automatically surrounds the vehicle occupant without any action on the occupant's part other than closing the vehicle door (i.e., the occupant does not have to touch the belt system). Therefore, the Volkswagen belts you mentioned in your letter are passive restraints, and whether the systems are offered as standard or optional equipment is irrelevant.

I hope this answers all your questions. If you require any further information, please contact Hugh Oates of my staff (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel October 20, 1982

Department of Transportation 400 7th Street S.W. Washington, D.C. 20590

ATTN: STEPHEN WOOD, ESQ.

Dear Mr. Wood:

I am an Account Representative for the Fowler-Finch Ins. Agency. One of my insureds has recently inquired about the discount available for automobiles equipped with a "Passive Restraint System". In checking with the insuring company they do not have a clear cut definition or description of what this system is, but only that it must meet the Published Federal Safety Standards. I have contacted the automobile dealer whom the insured has purchased both of his vehicles from and they suggested that I write to Customer Assistance, Volkswagen of America, Inc. of Englewood Cliffs, NJ. I have attached a copy of their return correspondence.

Now I am turning to you for the information which I need. In order to be able to offer this insured the credit for the Passive Restraint System the insuring company is requesting some form of written confirmation that this insured's vehicles Passive Restraint System does or does not meet these mandatory standards.

The vehicles which I am referring to are:

1. 1980 Volkswagen 2 door custom hatchback (v.i.n. # 17A0793616) 2. 1979 Volkswagen 4 door Deluxe hatchback (v.i.n. # 1793850401)

On the 1979 model, the Passive Restraint System was a standard feature; however on the 1980 model the insured requested it as an optional feature and was charged for it.

Would you please help me to determine if these are recognized as meeting the Published Federal Safety Standards? I have enclosed a self-addressed envelope for your convenience and anxiously await your prompt response.

Thank you very much for your help and cooperation.

Sincerely,

Account Representative Enclosure (1)

October 4, 1982

Ms. Stewart Fowler-Finch, Inc. P.O. Box 63 New Lebanon Center, NY 12126

Re: Your letter of September 22, 1982

Dear Ms. Stewart:

In reply to your letter I am enclosing an abstract of a computer printout which is annotated to indicate which codes show that the subject vehicles were equipped with the Volkswagen Passive Seat Belt System.

I am enclosing a copy of Std 208 taken from the CFR. This standard indicates the criteria which a passive belt system must meet to show conformance. Sections particularly applicable have been highlighted.

The government agency which establishes the standards and is responsible for enforcement is the proper party to contact with regard to any system meeting the standard. As I stated on the telephone, the address is:

Department of Transportation 400, 7th Street S.W. Washington, DC 20590 Attn. Stephen Wood, Esq.

Standard 208 is a performance standard in that certain testing criteria must be met but specific hardware to meet this criteria is not specified. The Volkswagen Passive Belt System consists of a belt attached between a specific seat anchorage and the door and a knee bar installed in a specific vehicle model. the Volkswagen Rabbit. It is designed to allow entrance and exit from the vehicle without detachment of any part of the system. I have enclosed a portion of the owners manual which describes the operation of the system.

Volkswagen has produced vehicles with the Automatic Belt System since 1975. I trust that this may help answer your questions.

Sincerely,

VOLKSWAGEN OF AMERICA, INC.

G. Salser Engineer Technical Services

GS/v. No. Encl.