Interpretation ID: bright.d3

Mr. C. B. Bright
C.B. Bright Leasing
Route 1, Box 1
Ashland, MS 38603

Dear Mr. Bright:

On August 11, 1997, you requested blanket permission to deactivate the passenger-side air bag on vehicles that you modify for rural postal carriers and driver's education instructors. You currently modify vehicles for your clients by affixing a dual-control steering system to the right dashboard and are concerned that a deploying air bag could cause serious injury by displacing the dual control. This letter responds to your request.

Air bags are installed in cars and light trucks in conformity with Federal Motor Vehicle Safety Standard 208, which requires automatic protection for front seat occupants. Federal law prohibits motor vehicle repair businesses from knowingly making inoperable components installed to comply with motor vehicle safety standards. 49 U.S.C. section 30122. A "motor vehicle repair business" is defined under the statute as a person holding itself out to repair for compensation a motor vehicle or motor vehicle equipment. NHTSA interprets the term "motor vehicle repair business" to include mechanics, technicians, or any other individuals or commercial entities that add, remove, replace or make modifications to motor vehicles and motor vehicle equipment for compensation. NHTSA's interpretation is not dependent upon whether the vehicle or component was previously "broken" or needed to be "repaired". Rather, its interpretation is based upon the commercial relationship between the vehicle owner and the individual or company performing the work on the vehicle or component.

The National Highway Traffic Safety Administration recently issued a final rule that will allow for the installation of air bag on-off switches under limited circumstances. The on-off switch does not appear to be a reasonable option for your customers since the dual-control steering system is permanently mounted to the dashboard and would always interfere with safe air bag deployment. Accordingly, your clients would need to have the passenger-side air bag permanently deactivated if they are to use a dual control.

We have spoken to the United States Postal Service regarding the use of dual controls in personal vehicles by individuals contracted to serve as rural carriers. The Postal Service agrees that the use of dual controls is preferable, from a safety standpoint, to the most likely alternative, carriers straddling the seat in order to drive while delivering mail from the right side of the vehicle. The Postal Service's preference is that rural carriers purchase vehicles with a right-side steering control directly from vehicle manufacturers, but it acknowledges that cost constraints would often prevent this. Given the Postal Service's position, NHTSA has determined that the need to have dual controls in order to deliver mail as a rural carrier justifies the deactivation of the passenger-side air bag.

In your letter, you indicated that you could add an "approved right side air bag in the right side steering wheel which will add at least $750.00 to the cost of dual controls." NHTSA has expressed concerns in the past about possible safety implications of after-market produced air bags, and cannot comment on the safety of any aftermarket air bag. This is because air bags are specifically designed for a particular vehicle design. Accordingly, the agency will not require you to install an air bag in the right-side steering wheel as a condition for deactivation of the passenger-side air bag.

Driver's education vehicles can be, and often are, only supplied with a brake pedal on the passenger-side of the vehicle. There is no need for a dual control steering system to be installed. Accordingly, deactivation requests will not be granted for this purpose.

Please have your rural carrier clients send a request for passenger-side air bag deactivation to this office. The request should state the need for deactivation. Once we have received the request, we will return an authorization letter to your client, who should bring it to you. This letter will indicate that no Federal enforcement action will be taken against you for making a vehicle safety system inoperable. Please be aware that this letter will not release you from any obligations under state law. Accordingly, you should check with your state department of motor vehicles before commencing work on the air bag system.

Sincerely,
John Womack
Acting Chief Counsel
ref:208
d.3/23/98