Interpretation ID: nht68-2.27

DATE: 07/26/68

FROM: AUTHOR UNAVAILABLE; R. M. O'Mahoney; NHTSA

TO: The City of New York Police Department

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 21 asking how an owner can be penalized for violating vehicle equipment standards, and, in addition, whether or not taxicab owners may remove head restraints, which will be required on vehicles manufactured on or after January 1, 1969, so as to install a sliding glass panel separating a taxicab driver from his customer required by New York police regulation.

As to the first question, in general, the standards have very little application to vehicle owners at this time. In the future, through State-Federal cooperation with reference to vehicles in used standards, it is possible that some sanctions as to owners will be applied. At the present time the principal effect on owners has to do with imported cars. An owner may not import a vehicle into the United States which does not conform to the Federal motor vehicle safety standards in effect at the time of its manufacture, whether it is new or used.

Your second question is answered in part by my answer to your first question. At this time there is no prohibition against an owner of a vehicle removing an item of safety equipment which the manufacturer must install to conform with the standards. We are aware that some owners, particularly taxicab owners, may remove such required items as seat belts. We view this as unfortunate since it removes a built-in protection for driver and passenger.

The removal of head restraints to accommodate a different kind of safety device presents a more difficult question. If the absence of any sanction prohibiting the removal of the head restraint the question, from a safety point of view, is whether or not the danger from whiplush injuries in rearend collisions, which are, as you know, frequent occurrences in city traffic; is a greater danger than the threat of assault from the taxicab passengers. Certainly the ideal would be to provide both kinds of protection for the driver, and it would seem that it would be possible for manufacturers to provide a design that would afford both sorts of protection.

We have had informal conversations from the City of New York's Washington office concerning what we understood(Illegible Word) proposed city ordinance governing the glass panel separating drivers and passengers in taxicabs. Your letter mentions a "police regulation." Could you supply us with more complete information as to what the City of New York's requirements are and whether they are by city ordinance, State laws, or police regulation? Appropriate citations or copies of applicable laws or regulations would be appreciated.

POLICE DEPARTMENT -- CITY OF NEW YORK

June 21, 1968 Robert M O'Mahoney Counsel Transportation Department.

I have your letter of June 11th with the booklet on Federal motor vehicle safety standards, for which I thank you very much.

I inquire now, relative to these standards:

1. Illustrate how an owner can be penalized for vidating the vehicle equipment standards. The literature on the market concerning violations by the dealer and the manufacturer is clear but what set of circumstances would bring an automobile owner into a breach of the vehicle equipment standards.

2. In New York City taxicabs require (by police regulation) a sliding panel isolating the taxi driver from his customer. When future taxicabs come from the assembly line, with the headrest included, there will be interference with the glass panel. Question: are the taxicab owners permitted to remove the headrest in this type of a case or do your standards forbid removal thereof?

Thank you once again Bob for your reply to my first communication and I hope you can furnish us the information desired in this letter.