United States Department of TransportationInterpretation ID: 2657o
Gingold, Kaufman & Chaiken
400 Perimeter Center Terrace, N.E.
Suite 720
Atlanta, GA 30346-1234
Re: GK&C File # 1012-271
Dear Mr. Kaufman:
This responds to your recent letter concerning the advice I gave to a company called Auto Accessories, Inc., with respect to the installation of that company's armrests in Volvo 240 automobiles. More specifically, on behalf of your client, a Volvo dealership, you seek clarification of that advice and request copies of any information, e.g., tests or studies, regarding the armrests. I appreciate your client's concern for safety. For your information, I have enclosed a copy of my November 18, 1987 letter to that company, in which the advice was provided. I have also enclosed a copy of the armrest installation instructions that were proposed by Auto Accessories and discussed in my response.
Based on your reading of a letter from Auto Accessories to Volvo dealers (enclosed with your letter), you concluded that the armrest installation procedure "ostensibly was either approved, mandated, or suggested by the Department of Transportation." As you will see from my November 1987 letter, the Department did not take any of those actions.
This Department has no authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) to approve or endorse any items of motor vehicle equipment or installation procedures therefor. Instead, the Safety Act puts the responsibility on manufacturers to certify that their products comply with the applicable requirements (15 U.S.C. 1403), and obliges manufacturers, distributors, dealers, and motor vehicle repair businesses not to knowingly render inoperative any devices or elements of design in vehicles that were installed in compliance with applicable safety standards (15 U.S.C. 1397(a)(2)(A)).
In keeping with this statutory scheme, this agency did not make a determination in the November 1987 letter or on any other occasion that a dealer following the proposed installation instructions would or would not render inoperative a vehicle's compliance with the safety standards. The agency makes such determinations only in the context of an enforcement proceeding. Instead, my November 18 letter pointed out the element of design that might be rendered inoperative by installing the armrests, and advised Auto Accessories as the manufacturer to carefully examine its instructions to determine whether or not following them would result in a "render inoperative" violation. It appears from the Auto Accessories letter to dealers that that company believes the installation of its armrest would not result in any violations.
Our advice to dealers is essentially the same as the advice we gave to Auto Accessories. Dealers should examine the instructions to determine whether following them would render inoperative a vehicle's compliance with Standard No. 208 or any other standard. You may wish to contact Auto Accessories to learn more about the basis for its apparent belief that the installation of its armrest will not violate any requirements of the Safety Act.
As for the tests and studies you requested, again, because of our statutory scheme, we have not conducted any regarding the armrest or its installation. We would do so only in the context of an enforcement proceeding.
Please let me know if you have any further questions on this subject.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure ref:VSA d:2/18/88