Interpretation ID: nht92-5.50

DATE: June 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: John W. Arnold, Jr.

TITLE: None

ATTACHMT: Attached to letter dated 5/5/92 from John W. Arnold, Jr. to NHTSA (OCC 7296)

TEXT:

This responds to your letter of May 5, 1992, concerning requirements for after-market seats. Your letter states that you had a vehicle accessories dealer, Orig. Equip. of San Angelo, install bucket seats in your 1992 Dodge Diesel Ram pickup. You state that, because the bucket seats seemed unsafe, you removed the bucket seats and reinstalled the original seats. You asked if the dealer was required to comply with Federal motor vehicle safety standards when installing the bucket seats.

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment to a consumer unless the vehicle or equipment item is in conformity with all applicable FMVSSs.

After the first purchase of a vehicle in good faith for purposes other than resale, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in Section 108(a) (2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation. Based on the allegations in your letter, it is possible that the accessories dealer that installed the aftermarket seats in your truck violated this provision of Federal law.

I have forwarded a copy of your letter to our Office of Enforcement for appropriate action. You may also wish to follow up by contacting NHTSA's Auto Safety Hotline at (800) 424-9393.