Interpretation ID: nht88-1.93

TYPE: INTERPRETATION-NHTSA

DATE: 04/12/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Sheila Broderick -- Baker & Botts

TITLE: FMVSS INTERPRETATION

TEXT: Ms. Sheila Broderick Baker & Botts 555 13th Street/ NW Suite 500 East Washington, DC 20004-1109

This responds to your letter asking for information on some provisions of Standard No. 208, Occupant Crash Protection (49 CFR @571.208). You posed two questions, as follows:

1. How many States have safety belt use laws in effect at this time? RESPONSE: As of March 14, 1988 (the date of your letter), 32 States and the District of Columbia had safety belt use jaws in effect. 2. Which States, if any, meet the criteria set forth in Standard No. 208?

RESPONSE: The Department has already stated that the belt use laws in California and the District of Columbia cannot be counted towards rescission of the automatic restraint requirements, according to the terms of those particular laws. Beyond that, Secr etary Burnley has explained that he does not want to risk impeding the national trend toward enactment of State safety belt laws by premature rulings of whether or not particular State laws meet or do not meet the criteria set forth in the Standard. Secr etary Burnley has also stated that when and if it becomes apparent that we may be approaching the point where two-thirds of the population is covered by laws that may meet the criteria, he will rule on the individual State laws. That currently is not the case.

Sincerely,

Erika Z. Jones Chief Counsel

March 14, 1988 Mrs. Erika Jones Chief Council National Highway Traffic Safety Administration 400 7th Street, S.W. 20540

Dear Mrs. Jones:

I was referred to you by Judith Kaplan-Weiner of the Occupational Protection Division. She explained that you may be able to provide some written information on questions I have regarding safety belt laws:

1) How many states have safety belt laws in effect at this time? 2) Which states, if any, meet the criteria set forth in safety standard No. 208?

Any information you can provide on these questions will be very helpful. Due to the urgency of this request, I would appreciate it if you call me at 639-7936 upon completion of your response. I will arrange to have it picked up by messenger.

Sincerely,

Sheila Broderick