Interpretation ID: nht69-2.23

DATE: 09/08/69

FROM: AUTHOR UNAVAILABLE; C. D. Ferguson; NHTSA

TO: Caroline Nigro

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of July 30, 1969, concerning head restraints on your 1969 Pontiac Catalina.

Before Federal Motor Vehicle Safety Standard No. 202, which requires passenger cars manufactured on or after January 1, 1969, to be equipped with head restraints was issued, the issue you raise, that of the possibility of decreased visibility, was carefully considered. It was felt, however, that the possibility of a slight decrease in visibility, which may occur in certain passenger cars, was far cutweighed by the benefits to safety provided by head restraints.

In a study published by the Society of Automotive Engineers, and conducted by members of the Institute of Transportation and Traffic Engineers, U.C.L.A., it was concluded that (1) "Rear-end collisions are one of the most common types of accidents, and can cause crippling injuries even at low speed," and (2) "head restraints are as important to the motorist involved in rear-end collisions as the safety belt is to the motorist involved in front-end impact."

Furthermore, in the recent case of Sterling Products versus Boyd, in which the Federal Highway Administrator's iasuance of the head restraint standard was challenged and upheld, Judge McGovern of the Circuit Court of Appeals for the District of Columbia concludeds;

"In any event, we find substantial support in the record for conclusion that the contribution of head restriants to consumer safety is such as to warrant their inclusion in all newly manufactured motor cars. There can be no question but that the Administrater, on the besis of the submissions made to him, could reasonably determine that the benefits from mandatory head restraints for outweighed any disadvantage from such restraints due to decreased visibility, or other possible adverse effects upon safety."

Federal law does not prohibit you from removing head restraints. However, I strongly urge that you retain these safety devices in your vehicle for your own safety and protection.