Interpretation ID: 2498y

Joseph R. Wheeler, Esq.
P.O. Box 2808
424 Church St., Suite 2900
Third National Financial Center
Nashville, TN 37219

Dear Mr. Wheeler:

This is in response to your letter to Kenneth Weinstein of my staff requesting information about actions by the Secretary of Transportation pursuant to Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection (49 CFR 571.208). More specifically, you noted that S4.1.4.1 of Standard No. 208 states that, "Except as provided in S4.1.5 [and another section not relevant to your inquiry], each passenger car manufactured on or after September 1, 1989 shall comply with the [automatic restraint requirements]." S4.1.5 of Standard No. 208 provides that: "If the Secretary of Transportation determines, by not later than April 1, 1989, that state mandatory safety belt usage laws have been enacted that meet the criteria specified in S4.1.5.2 and that are applicable to not less than two-thirds of the total population . . ., [the automatic restraint requirements will not go into effect]." You asked whether the Secretary ever made a determination under S4.1.5 regarding State safety belt use laws. The answer is no.

Under S4.1.5, the Secretary was not required to make any determination about any State safety belt laws. In fact, the Secretary never did so. Because no determination was made under S4.1.5, the automatic restraint requirements are now in effect for all passenger cars.

This letter expresses no opinion about the implications under Tennessee law of the absence of a determination by the Secretary of Transportation regarding any State's safety belt law.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:208 d:6/l4/90