Interpretation ID: 1985-02.7

TYPE: INTERPRETATION-NHTSA

DATE: 04/01/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. L.R. Cederbaum

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. L.R. Cederbaum Project Engineer Sagaz Industries, Inc. 16241 N.W. 48th Avenue Miami, FL 33014

Dear Mr. Cederbaum:

This responds to your letter to Steve Kratzke of my staff, seeking an interpretation of the requirements of Standard No. 302, Flammability of interior materials (49 CFR S571.302). Specifically, you asked if the flammability requirements set forth in section S4.3 for original equipment seat covers apply to "aftermarket" seat covers. The flammability requirements in Standard No. 302 must be met by aftermarket seat covers only if such seat covers are installed by manufacturers, dealers, distributors, or repair shops. Those aftermarket seat covers which are installed by the vehicle owner are not subject to the requirements of Standard No. 302.

Generally speaking, Standard No. 302 applies to motor vehicles prior to their first purchase in good faith for purposes other than resale, and not to aftermarket accessories for use with or in the vehicle, i.e., not to accessories added to a vehicle after such purchase. The general rule is that aftermarket seat covers may be added to vehicles, even if the addition of those seat covers causes the vehicle to no longer comply with the requirements of Standard No. 302, without violating the requirements of the Act.

This general rule is, however, limited by the application of the provisions of Section 108 (a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter "the Safety Act"; 15 U.S.C. 1397 (a)(2)(A)). That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." The flammability resistance of the original seat covers is considered an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer, or motor vehicle repair business which installed a seat cover which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating section 108 (a)(2)(A) of the Safety Act. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to ,000 for each violation of section 108, and each installation of a noncomplying seat cover would be considered a separate violation.

You should note that the prohibitions of Section 108 (a)(2)(A) do not apply to the vehicle owner rendering inoperative some element of design in his or her vehicle, and therefore aftermarket seat covers which are sold to and installed by owners need not satisfy the flammability resistance requirements of Standard No. 302.

There are two factors which ought to be considered by the manufacturers of seat covers which do not satisfy the flammability resistance requirements of Standard No. 302. First is the possibility of liability under State and seat covers which complied with the flammability requirements would not have caught fire, or if those seat covers burn much more rapidly than seat covers which comply with Standard No. 302. Second is the possibility of a finding of a safety-related defect in those seat covers. Should such seat covers readily catch fire or burn very rapidly in situations where seat covers which satisfied the flammability requirements would not, the seat covers might well be found to contain a safety-related defect. Sections 151-154 of the Safety Act (15 U.S.C. 1411-1414) require that, when an item of motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser.

If you have any further questions or need more information on this subject, please contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely,

Original Signed By

Jeffrey R. Miller Chief Counsel

February 19, 1985

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Office of Chief Counsel Room 5219 407 7th Street, S.W. Washington, D.C. 20590

ATTENTION Mr. Steve Kratzke Subject: Motor Vehicle Safety Standard No. 302 Par. S 4. Requirements

Dear Sir: This letter confirms our telephone conversation of February 19, 1985 in which the applicability of subparagraph S 4.1, which lists various components of the vehicle occupant compartment that shall meet the flammability requirement as described in S4.3(a) of MVSS No. 302.

It is my understanding from your statement this Standard No. 302 and its subsequent requirements do not apply to "after market automobile seatcovers."

I would appreciate letter confirmation of this fact.

Thank you for your service.

Very Truly, SAGAZ INDUSTRIES, INC.

L.R. Cederbaum, Project Engineer

LRC/tr