Interpretation ID: nht93-9.28

DATE: December 30, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Kenneth N. Weinstein

TO: Dennis Platt -- Supervisor, Vehicle Safety & Equipment Section, State of Utah, Department of Public Safety, Utah Highway Patrol

TITLE: None

ATTACHMT: Attached to letter dated 12/7/93 from Dennis Platt to Office of the Chief Counsel (OCC-9439), NHTSA, letter dated 3/4/93 from John Womack to Robert A. Ernst, and letter dated 1/19/90 from Stephen P. Wood to Linda L. Conrad

TEXT:

This responds to your letter of December 7, 1993, requesting confirmation of a statement made by a NHTSA officer that there is no federal regulation that requires replacement of a deployed air bag.

I am enclosing two letters that explain legal obligations to replace air bags which have been deployed. The first letter, dated January, 19, 1990, is to Ms. Linda L. Conrad. The second letter, dated March 4, 1993, is to Mr. Robert A. Ernst. As explained in those letters, Federal law does not require replacement of a deployed air bag in a used vehicle. In addition, there is no Federal law that prohibits selling a used vehicle with a supplemental restraint that is inoperable because of a previous deployment. However, our agency strongly encourages dealers and repair businesses to replace deployed air bags whenever vehicles are repaired or resold, to ensure that the vehicles will continue to provide maximum crash protection for occupants. Moreover, a dealer or repair business may be required by state law to replace a deployed air bag, or be liable for failure to do so.

I am also enclosing a copy of the information sheet referred to in the two letters discussed above. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.