Interpretation ID: 1985-03.9

TYPE: INTERPRETATION-NHTSA

DATE: 07/05/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Ms. Melinda Maggs

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Melinda Maggs 243 Washington Ave. Scotia, New York 12302

Thank you for your March 25, 1985, letter asking about Federal motor vehicle safety regulations that might affect an aftermarket product you wish to manufacture. You described your product as a pad to cushion safety belts. The pad, which is removable, is made of 1/4 inch foam and is attached with velcro to the safety belt. I regret the delay in our response.

You first asked for confirmation of information received in a phone conversation with Paul Bauer of this office. As Mr. Bauer explained, section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (Safety Act) may affect the sale of your product. As you requested, I have enclosed a copy of the Act for your reference. That section provides that manufacturers, distributors, dealers, and motor vehicle repair businesses may not render inoperative any safety device installed in accordance with any Federal safety standard. Since safety belts are safety devices installed in accordance with Safety Standards No. 208 and 209, those types of businesses may not install any other products which would impair the effective operation of the belts. Individual consumers may purchase and install additional products in their vehicles or otherwise modify existing equipment, without risk of violating the "render inoperative" provision.

I should emphasize that we are unable to offer any opinion on whether your product would impair the effectiveness of safety belts. We do recommend that manufacturers carefully consider that possibility before placing their products on the market.

You also asked whether any Federal regulations relating to material content and flammability affect your product. Although no Federal Motor Vehicle Safety Standards directly govern material content, Standard No. 302 does provide flammability requirements for components of new vehicle occupant compartments, including safety belts. Thus, your product would need to meet the flammability standard if it was installed as original equipment in new vehicles.

Standard No. 302 would not apply directly to your product if it is sold only as aftermarket equipment. However, section 108(a)(2)(A) of the Safety Act, discussed above, could affect your product as it relates to the flammability standard. NHTSA would consider the installation of safety belt pads that do not meet the requirements of Standard No. 302 as "rendering inoperative" an element of design (flammability resistance) installed in accordance with an applicable Federal safety standard. Again, this provision prohibits only manufacturers, dealers, distributors, and repair businesses from installing such products; it does not prohibit consumers from purchasing and installing those products on their own.

Again, we are not offering any opinion as to whether your product would meet those flammability standards, but we recommend that you consider that aspect.

The agency believes that all Federal motor vehicle safety standards are important and that all manufacturers should strive to meet those standards, whether required by law or not. Additionally, if noncomplying pads were to catch fire in a situation where a pad complying with Standard No. 302 would not have caught fire, a manufacturer might face possible product liability consequences under state law. Likewise, a manufacturer might face product liability consequences if its product impaired the effectiveness of the safety belts. You may wish to consult a local attorney in this regard to discuss your product.

I am enclosing copies of Safety Standards Nos. 208, 209 and 302. We appreciate your interest in devices which may encourage safety belt usage, and I hope this letter has addressed your concerns. If you have any further questions, please feel free to contact me.

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosures

March 25, 1985

Office of Chief Council National Highway Traffic Safety Auth. 400 7th Str. S.W. Washington, D.C., 20590

To Whom It May Concern:

I am writing to confirm information given to me from your office on the phone today. I called asking about possible regulations regarding accessory items sold for us in automobiles.

I am a manufacturer of a product that will be used as a pad to cushion seatbelts. It is attached with velcro, is made of 1/4" foam and velcro (808 cotton 208 polyester), and is completely and easily removable. It will be sold in stores to the general public.

I was told by your office staff there is a regulation stating car manufacturers and dealers cannot render inoperative any part of the car, but when an individual does after a car is purchased regarding accessory items such as this is their choice.

I would appreciate a prompt reply in writing to confirm this regulations interpretation and a copy of the specific regulation.

I am also interested in knowing if there are any regulations regarding material content. Are there restrictions on types of material used for flammability anything else we need to know before we sell this product? Thank you for your interest in this matter.

Sincerely,

Melinda Maggs