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Interpretation ID: 208interpMT



    Mr. Kevin Murphy #12810
    PO Box 916
    Shelby, MT 59474


    Dear Mr. Murphy:

    This responds to your letter requesting information regarding Federal regulations that govern seat belts in vehicles. You asked about the interaction between federal law and two provisions of Montana law - that requiring the use of seat belts and that disallowing evidence of non-use to be used in liability trials.

    Federal law authorizes the National Highway Traffic Safety Administration (NHTSA) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has exercised that authority and established Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which requires safety belts to be installed at certain seating positions in new motor vehicles. Each new vehicle must comply with all applicable Federal motor vehicle safety standards, including the seat belt installation requirements in Standard No. 208.

    However, requirements that relate to the use of motor vehicles and motor vehicle equipment, such as seat belts, and issues relating to liability for failure to use seat belts are governed by State, not Federal, laws.

    You refer in your letter to provisions of Montana law. I believe the provisions of Montana's law to which you refer include Sections 61-13-103 and 61-13-106 of Montana's Annotated Code. Section 61-13-103 provides that "No driver may operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt," except pursuant to certain specified exemptions. Mont. Code Anno., 61-13-103(1), (2). Section 61-13-106 provides that "Evidence of compliance or failure to comply with 61-13-103 is not admissible in any civil action for personal injury or property damage resulting from the use of operation of a motor vehicle, and failure to comply with 61-13-103 does not constitute negligence." Mont. Code Anno., 61-13-106.

    States may enact such provisions and they do not conflict with federal law. For further information about Montana's laws and the manner in which they are interpreted and applied, you may contact the Office of the Attorney General in the State of Montana.

    We appreciate your interest in seat belt use. For more information on NHTSA's efforts to encourage seat belt use, please see our website -- www.NHTSA.dot.gov -- and www.buckleupamerica.org. Those sites contain valuable information and resources that you may find helpful in any efforts to bring awareness to this important issue in your area. You may also access information relating to the motor vehicle safety standards.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:208
    d.4/17/02