Interpretation ID: aiam2153
Staff
Safety
Nissan Motor Co.
Ltd.
560 Sylvan Avenue
Englewood Cliffs
NJ 07632;
Dear Mr. Iinuma: This is in response to your November 20, 1975, letter concerning th use of replacement parts which may affect a vehicle's compliance with a Federal motor vehicle safety standard that is applicable only to vehicles.; You have presented the example of a vehicle that, if equipped with door that does not have guard bars, would not be in compliance with Federal Motor Vehicle Safety Standard No. 214. Because that standard is applicable only to passenger cars, there is no prohibition on the mere *sale* of such doors for use as replacement equipment. However, Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended ('the Act'), specifies that; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term 'motor vehicle repair business' means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation.<<<; Therefore, the *installation* of a door that does not have guard bar is a violation of the Act, if that installation is performed by a manufacturer, distributor, dealer, or motor vehicle repair business. Installation of such a door by one of your dealers, for example, is not permitted.; Your letter also asked whether the use of such doors would be permitte in the future, in the event that Standard No. 214 is relaxed in a way that would permit the use of such doors on a new vehicle. It is the opinion of this agency that replacement of a door, or any other safety system installed in compliance with a Federal motor vehicle safety standard, with a system mandated by a later safety standard (even if the later standard imposes a less stringent level of performance) would not violate Section 108(a)(2)(A) of the Act, as amended.; Sincerely, Frank A. Berndt, Acting Chief Counsel