Interpretation ID: nht92-8.30

DATE: March 9, 1992

FROM: Robert S. McLean -- King & Spalding

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 6/5/92 from Paul J. Rice to Robert S. McLean (A39; Std. 208)

TEXT:

I am writing to request a NHTSA interpretation of two basic sections of Federal Motor Vehicle Safety Standards ("FMVSS") No. 208, Occupant Crash Protection and No. 209, Seatbelt Assemblies (49 C.F.R. S571.208 and S571.209, respectively). My request for interpretation specifically deals with the application of FMVSS 208 and 209 to an occupant restraint system which has a seat belt portion consisting of a two-point automatic motorized shoulder belt and a manual lap belt. This system is of the type used in the 1980-81 Toyota Cressida and also is used on several Nissan and Ford vehicles. Please assume the system is used only on automobiles manufactured before September 1, 1989. For the purposes of this letter, please also assume that this occupant restraint system is certified as complying with the frontal crash protection requirements of FMVSS 208, S5.1 using only the two-point automatic motorized shoulder belt (without the use of the manual lap belt).

We understand that the two-point automatic motorized shoulder belt in the above-mentioned restraint system may be used alone (without the manual lap belt) pursuant to FMVSS 208, S4.5.3 to meet the crash protection requirements of FMVSS 208, S4.1.2.1 (specifically through subsections (a), (b), and (c)(2)) and in place of any seat belt assembly required by that option. FMVSS 208, S4.5.3 states just that: "a seat belt assembly that requires no action by vehicle occupants . . . may be used to meet the crash protection requirements of any option under S4 and in place of any seat belt assembly otherwise required by that option."

The two-point automatic motorized shoulder belt can be used as a "seat belt assembly" to comply with FMVSS 208 pursuant to FMVSS 208, S4.5.3. An automatic belt can be a "seat belt assembly" under FMVSS 208, S4.5.3 without relying on webbing or a lap belt to provide pelvic restraint. This follows directly from the NHTSA interpretation letter to Rembert Ryals, Esq. from Paul Jackson Rice, NHTSA Chief Counsel, dated September 10, 1990 (attached as Exhibit "A" for your convenience), which states that automatic belts certified as complying with the occupant crash testing requirements of FMVSS 208 generally are not required to meet the requirements of FMVSS 209, and that such an automatic belt is not required by FMVSS 208 or 209 to provide a lap belt, either manual or automatic. See also, the NHTSA interpretation letter to Mr. David E. Martin from Erika F. Jones, NHTSA Chief Counsel, dated April 14, 1986 (attached as Exhibit "B" for your convenience). Specifically, the Ryals letter states that FMVSS 209, S4.1(b) does not apply to automatic belts certified as complying with the occupant crash testing requirements of FMVSS 208. Therefore, because a two- point automatic motorized shoulder belt is a "seat belt assembly" under FMVSS 208, S4.5.3 and because such a two-point automatic motorized shoulder belt "requires no action by the vehicle occupants," a two-point automatic motorized shoulder belt can be used, pursuant to FMVSS 208, S4.5.3, to meet the crash protection requirements of FMVSS 208, S4.1.2.1 (specifically through subsection

(a), (b) and (c) (2)) and in place of any other seat belt assembly otherwise required by that option, and need not contain any lap belt.

Therefore, please confirm that (i) the two-point automatic motorized shoulder belt may be used alone (without the manual lap belt) to meet the requirements of FMVSS 208, S4.1.2.1, specifically pursuant to FMVSS 208, S4.5.3 as a "seat belt assembly" to meet the crash protection requirements of FMVSS 208, S4.1.2.1 (specifically through subsections (a), (b) and (c)(2)) and in place of any seat belt assembly required by FMVSS 208, S4.1.2.1 and (ii) the definition of "seat belt assembly" in FMVSS 209, S3 does not apply to the two-point automatic motorized shoulder belt.

Thank you for your help in construing these regulations as they apply to the two-point automatic motorized shoulder belt and manual lap belt restraint system.

If you need any additional information or clarification, please call at (404) 572-3599.