Interpretation ID: 86-4.30

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Horton

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Horton Imperial Comfort Corporation P.O. Box 28367 Detroit, MI 48228

Dear Mr. Horton:

This is in response to your letter asking for our agency to approve a safety belt comfort adjuster you wish to sell. The literature you enclosed with your letter shows that the device is a strap with a clamp on each end. One end of the device can be clamped on the lap portion of a lap/shoulder belt and the other end clamped on the shoulder portion of the belt. By adjusting the strap, a person can reposition the shoulder belt away from his or her neck and apparently can introduce slack into the belt as well. I hope the following information will explain how our regulations affect your device.

As background information, let me explain that the agency does not have the authority to approve or endorse items of motor vehicle equipment, such as your device. We do have the authority to issue Federal Motor Vehicle Safety Standards that set performance requirements for motor vehicles and items of motor vehicle equipment. Manufacturers of vehicles or equipment covered by our standards must certify that their product complies with all of the applicable standards.

Your particular aftermarket product is not directly covered by any of our safety belt or other standards. However, as a manufacturer of an item of motor vehicle equipment, you do have certain responsibilities concerning possible safety-related defects you or the agency discover in your product. Those responsibilities are set out in sections 151-160 of the National Traffic and Motor Vehicle Safety Act. I have enclosed an information sheet on our defect and other regulations for your review.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. We have issued Standard No. 302, Flammability of Interior Materials, which requires new safety belts to meet a flammability resistance requirement. Thus, although Standard No. 302 does not directly apply to aftermarket equipment, commercial businesses could not install your device if it would mean that a safety belt no longer met the flammability resistance requirements of Standard No. 302.

The prohibition of section 108(a)(2(A) does not apply to individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, our policy is to encourage vehicle owners not to remove or otherwise tamper with vehicle safety equipment.

The agency is also concerned that a belted occupant could inadvertently use your product to introduce excessive slack in the upper torso belt or reposition the shoulder belt too close to the edge of a person's shoulder and thereby reduce the effectiveness of the belt. The instructions you provide with your device do not warn users about the risks associated with introducing excessive slack or incorrectly repositioning the safety belt. We encourage you to provide more detailed guidance about the proper use of your device.

If you have any further questions, please let me know.

Sincerely:

Erika Z. Jones Chief Counsel

Enclosure

To whom it may concern:

Imperial Comfort Corp. are asking if you would provide the necessary D.O.T. approval for this device which we have enclosed for you;

Please find in this package the information which we have provided for this devices approval.

P. Please reply to our application as soon as you possibly can.

Thank you,

Imperial Comfort Corp.

Enclosed

gdh

PACKAGE The seat belt comfort adjuster is made as following: It is a small elastic belt which has a clasp on each end and a slip lock adjustable buckle, which adjust the length.

The seat belt comfort adjuster operate as such: One end of the seat belt comfort adjuster is clapped to the cross waist belt of the seat belt. Then clasp the remaining loose end to the chest cross belt. Now you can adjust the cross harness chest belt from the neck and also relieve some of the pressure off the chest which the harness apply, to suit your comfort.

Imperial Comfort Corp.

gdh

If further information needed please contact us at (313) 273-2793.