United States Department of TransportationInterpretation ID: 2650o
960 One Main Place
101 S.W. Main Street
Portland, Oregon 97204
Dear Mr. Boutin:
This responds to your letter to Steve Kratzke, of my staff, asking for a statement of the legal requirements that would apply to a new product one of your clients plans to introduce. You provided no description of this product in your letter, other than to state that it "alters the alignment of an upper torso restraint to the increased comfort of the wearer." You also stated in the letter that the product would initially be sold as an aftermarket accessory to be installed by consumers, but that it might eventually be sold to manufacturers to be installed in new vehicles. In a telephone conversation with Mr. Kratzke on November 20, 1987, you stated that this product would clip the shoulder belt to the lap belt near the middle of wearer's abdomen.
Although we understand your concern that safety belts be comfortable for the wearer, we have significant reservations about this product. I hope the following discussion explains those reservations and the effect of our regulations on the product.
The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) gives this agency the authority to issue safety standards applicable to new motor vehicles and certain new items of motor vehicle equipment. We have exercised this authority to establish Standards No. 208, Occupant Crash Protection, and No. 210, Seat Belt Assembly Anchorages (49 CFR /571.208 and /571.210, respectively), applicable to new vehicles, and to establish Standard No. 209, Seat Belt Assemblies (49 CFR /571.209), applicable to new seat belt assemblies. It does not appear that any of these regulations would apply to your client's product, however.
Additionally, you are not required to get some "approval" from this agency before selling the product. NHTSA has no authority to approve or endorse motor vehicles or motor vehicle equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment to ensure their compliance with the safety standards, and also investigates other alleged safety-related defects.
While none of our safety standards appear to apply directly to your client's product, there are several statutory responsibilities your client must assume when it manufactures the product. All manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of defects except in the context of a defect proceeding, so we are unable to say at this time whether this product might or might not contain such a defect.
However, this product raises a host of safety concerns that we would advise your client to carefully consider. Section S7.1.2 of Standard No. 208 specifies that the intersection of the shoulder belt with the lap belt shall be at least 6 inches from the front vertical centerline of a 50th percentile adult male occupant with the seat in its rearmost and lowest adjustable position. Attaching the shoulder belt to the lap belt in the middle of the abdomen, instead of joining the belts at the latchplate off to the side of the occupant, would cause the belts to no longer comply with this requirement of Standard No. 208 and would significantly alter the distribution of crash forces on the occupant. The lap and shoulder belts as currently installed distribute the crash forces over the skeletal structure of the occupant. The proposed device to attach the shoulder belt to the lap belt near the middle of the abdomen would significantly increase the loading on the occupant's abdomen, a part of the body that cannot withstand the same loading levels as the skeletal structure. This increase in abdominal loading could have serious safety implications for the wearer of the belt. Additionally, by realigning the shoulder belt, the device would seem to increase the likelihood that a wearer of the belt would twist toward the middle of the vehicle, so that the person could be partially or completely unrestrained by the shoulder belt.
Further, it is possible that the device attaching the shoulder belt to the lap belt near the middle of the wearer's abdomen could not withstand the forces of the crash, and would allow the shoulder belt to detach. Since the shoulder belt could have an excessive amount of slack in it, the occupant's head would be likely to contact the vehicle interior. All of these possibilities raise serious safety concerns with respect to this proposed device.
In addition, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a motor vehicle in compliance with a Federal motor vehicle safety standard. Shoulder belts are installed in the front seating positions of most vehicles with a gross vehicle weight rating of 10,000 pounds or less in compliance with Standard No. 208. If the installation of this product causes the shoulder belts to offer less effective occupant protection, commercial establishments could not legally install the product on customers' vehicles.
The prohibition in section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items on safety belt systems regardless of the effect on compliance with Standard No. 208. However, our policy is to encourage consumers not to tamper with the safety belts installed in their vehicles. Installation of this product by any person would be inconsistent with that policy.
If you have any further questions, please contact Mr. Kratzke at this address or by telephone at (202) 366-2992.
Sincerely,
Erika Z. Jones Chief Counsel
ref:VSA#208 d:2/11/88