Interpretation ID: nht93-1.27

DATE: 02/04/93

FROM: ROBERT A. ERNST -- RESEARCH COORDINATOR, I-CAR

TO: CHIEF CONSUL -- U.S. DEPARTMENT OF TRANSPORTATION, NHTSA

TITLE: INQUIRY REGARDING AIR BAG SYSTEM REPAIR

ATTACHMT: ATTACHED TO LETTER DATED 3-4-93 FROM JOHN WOMACK TO ROBERT A, ERNST (A40; 108 (a)(2)(A); ALSO ATTACHED TO LETTER DATED 2-4-93 FROM STEPHEN P. WOOD TO LINDA L. CONRAD (STD. 208)

TEXT: I-CAR produces technical training for the automotive collision repair industry. We have received numerous inquires regarding the legal liability exposure for a repair facility if an air bag system is not repaired following a collision. We would appreciate any information you can supply on the following.

1. Are there Federal regulations which specifically direct the collision repair facility to restore the supplemental restraint system to an operable condition following a deployment on vehicles the facility repairs?

2. If repairs are deliberately made to mask the fact that the air bag system is inoperative, has the repair facility violated any applicable laws?

3. If the owner of the vehicle requests that the supplemental restraint system not be restored to operational condition, is the owner of the repair facility or the vehicle liable for later injuries?

4. Can the vehicle be sold if the owner knows that the supplemental restraint system is inoperable because of a previous deployment?

We appreciate your assistance in answering the above inquiries. Please call with any questions.