Interpretation ID: 1985-03.8

TYPE: INTERPRETATION-NHTSA

DATE: 07/05/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Edward Maloney

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Edward Maloney 1302 Potter Road Bellevue, Nebraska 68005

Dear Mr. Maloney:

Thank you for your letter of April 17, 1985 concerning the safety belts in your 1984 Ford Tempo. You explained that Ford has offered to replace the safety belt buckle in your car and you asked if such an alteration is permissible under Federal law. As discussed below, Ford can replaceable buckle as long as the safety belt would continue to comply with our safety standard for safety belts.

Our agency has issued Federal Motor Vehicle Safety Standard No. 209 Seat Belt Assemblies, which sets performance and marking requirements for safety belts. All safety belts sold as items of original or aftermarket equipment must be certified as meeting Standard No. 209. The alteration or repair of items of safety equipment is affected by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. That section provides, in part, that:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or part, 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....

Thus, if a dealer alters a safety belt, the dealer must ensure that it is not rendering inoperative the belt's compliance with Standard No. 209.

I hope this information is of assistance. If you have any further questions, please let me know.

Sincerely,

Jeffrey R. Miller Chief Counsel

April 17, 1985

Dear Sir,

I wrote you previously 2/8/84 about my problems with Ford Motor Co. substituting a cheap seat belt in my '84 Tempo that became defective, with one from an '84 Escort car which did not even match my decor.

I took them to Small claims court because I could not get satisfaction or any help from anyone. Ford produced a letter in court in which they offered to alter the seat belt by tearing it apart and putting a different buckle on it. I refused them on grounds of safety. I was under the impression that the federal government specified seat belts in cars for safety, and any alteration was a federal violation, as are all other parts of the car that meet safety standards.

A copy is enclosed. If you prosecute Ford, count on me.

Sincerely,

Edward Maloney 1302 Potter Rd. Bellevue, NE 68005