Interpretation ID: aiam4234
Esq.
Graham & James
725 South Figueroa Street
Los Angeles
CA 90017-5434;
Dear Mr. Oyakawa: Thank you for your letter of September 16, 1986, to Stephen Oesch of m staff concerning how the National Traffic and Motor Vehicle Safety Act and our regulations affect the proposed manufacture and sale of aftermarket safety belts by your client. As discussed below, your proposed plan would not violate either the Vehicle Safety Act or our regulations.; You explained that your client has supplied safety belts to a vehicl manufacturer for use both as an item of original equipment in a new vehicle and as item of replacement equipment for sale in the aftermarket. You said your client has recently been requested by the vehicle manufacturer to supply safety belts to be used as a replacement part for an older model vehicle which was exported to and marketed in the United States over 10 years age. You further explained that your client manufactured the original safety belts used in this older model vehicle, but is no longer equipped to readily manufacture the original safety belts.; Your client wishes to supply the vehicle manufacturer with a newe model safety belt. This newer safety belt has been designed to be installed as a replacement part in the older model vehicle and will fully comply with all of the requirements of Standard No. 209, *Seat Belt Assemblies*. In addition, the safety belt is also designed so that when it is installed in a vehicle, the vehicle will continue to comply with all of the applicable requirements of Standard Nos. 208, *Occupant Crash Protection*, and 210, *Seat Belt Assembly Anchorages*. Finally, you said that the newer model safety belt will not render inoperative any other features of the vehicle necessary to meet any other applicable safety standards.; As you are already aware, your client's proposed safety belt would b required to comply with Standard No. 209. As you are also aware, installation of your client's safety belt by a manufacturer, distributor, dealer, or motor vehicle repair shop would be affected by the render inoperative provision of section 108(a)(2)(A) of the Vehicle Safety Act. However, as stated in your letter, your client has determined that installation of the belt will not render inoperative any other safety features of the vehicle. There is another 108(a)(2)(A) related issue raised by your letter. This concerns whether an item of equipment installed in accordance with one version of a Federal motor vehicle safety standard can be replaced with an item of equipment that complies with a later version of that standard. The agency addressed this issue in a letter of July 7, 1975 to Toyo Kogyo Co., Ltd. In that letter, the agency explained that it would not be a violation of section 108 as long as the vehicle or equipment complies with the safety standards in effect at the time of its manufacture or with the standards in effect at the time a particular system is replaced or altered, even if the new standards set less stringent performance requirements.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel