Interpretation ID: nht73-5.8

DATE: 10/09/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: David Busby

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 29, 1973, concerning the importation of vehicles with their seat belt warning systems and interlocks deactivated. Your question is whether these systems, and the antitheft warning buzzer as well, could be considered "readily attachable equipment items" under the import regulations, 19 CFR 5 12.80(b)(iv), and therefore allowed to be imported in a deactivated condition.

We have concluded that the systems in question are "readily detachable" in a manner analogous to that of components such as the outside rearview mirror, even though they are not physically removed from their usual location in the vehicle. Their deactivation is therefore permitted by 19 CFR @ 12.80(b)(iv).

We would emphasize, however, that manufacturers importing vehicles in this fashion must take precautions to insure themselves that their dealers bring the vehicles into conformity with the standards. Otherwise, the manufacturers risk exposure to civil penalties pursuant to 15 U.S.C. 1397(a)(1) and 1398(a), since they are relying on the dealers to act as their agents in fulfilling their statutory responsibilities.