Interpretation ID: 1983-2.33

TYPE: INTERPRETATION-NHTSA

DATE: 07/25/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Department of the Army

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Stephen D. Aarons Captain, JAGC Legal Assistance Officer Department of the Army United States Field Station Augsburg APO New York 09458

Dear Captain Aarons:

This responds to your recent letter concerning an Army jeep which was not equipped with safety belts. You ask whether Safety Standard No. 208, Occupant Crash Protection, applies to U.S. government vehicles.

Safety Standard No. 208, effective January 1, 1968, requires all passenger vehicles to be equipped with safety belts. This standard applies to government motor vehicles, generally. However, 49 CFR 571.7(c) specifically provides the following exception:

"(c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications."

This means that Safety Standard No. 208 would not be applicable to an Army jeep if the Army contract with the vehicle manufacturer did not specify that the vehicle was to be equipped with safety belts.

Sincerely,

Frank Berndt Chief Counsel

LAEJA 6 June 1983

SUBJECT: Government Vehicles without Seatbelts

National Highway Traffic Safety Administration Department of Transportation Washington, DC 20590

Dear NHTSA

This inquiry has been written on behalf of an emergency ward nurse stationed at Fort Gordon Georgia, not to represent US government interests.

When examining a patient involved in an accident while inside a government jeep, she discovered that no seat belts had ever been installed in the vehicle. The victim's commander further alleged that his situation is not at all uncommon in the Army, Standard 208 (effective 1 July 1971), as you know, requires restraint belts for passenger vehicles. How does current guidelines effect previously manufactured vehicles, and what regulations if any, apply to US government motor vehicles?

We appreciate your guidance on the rules which apply to this dangerous condition.

STEPHEN D. AARONS Captain, JAGC Legal Assistance Officer

CF:

Director, Automotive Consumer Action Program 8400 Westpark Drive McLean, Virginia 22102

Center for Auto Safety 1233 Dupont Circle Bldg Washington, DC 20036