Interpretation ID: nht80-3.18
DATE: 07/11/80
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: George D. Lordi
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your recent letter asking whether there are any Federal requirements applicable to the manufacture of center arm rests that are to be installed between bucket seats in passenger cars, as aftermarket equipment.
The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of motor vehicles and motor vehicle equipment, pursuant to authority of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.). Currently, Safety Standard No. 201, Occupant Protection in Interior Impact (49 CFR 571.201), specifies requirements for arm rests that are installed on new passenger cars. Although this standard does not apply directly to arm rests sold only as aftermarket does not apply directly to arm rests sold only as aftermarket equipment, installation of arm rests on both new and used cars may give rise to certain responsibilities on the part of the person making the installation.
Any person who alters a completed vehicle prior to its first purchase for purposes other than resale, i.e., the first sale of the vehicle to a consumer, must place an additional label or tag on the vehicle specifying that, as altered, the vehicle continues to be in compliance with all Federal motor vehicle safety standards (49 CFR 567.7). A person who installs a center arm rest on a vehicle prior to the vehicle's first purchase would be considered an alterer under this provision, and would have to certify that the passenger car was in compliance with Standard No. 201.
Section 108(a)(2)(A) of the Vehicle Safety Act specifies that no manufacturer, dealer, distributor or motor vehicle repair business shall knowingly render inoperative in whole or part any device or element of design installed on or in a motor vehicle in compliance with Federal motor vehicle safety standards. This means that none of the persons mentioned could install a center arm rest in a passenger car if the installation would destroy the vehicle's compliance with the Federal safety Standards. For example, if it were necessary to permanently remove the vehicle's seat belts in order to install the arm rest, the installation would be prohibited since seat belts are required by Safety Standard No. 208, Occupant Crash Protection. It is up to the person making the installation to determine if any safety standards would be affected, and you should so advise your client.
Finally, in addition to the Federal safety standards, manufacturers of motor vehicles and motor vehicle equipment are responsible for any defects in their products which affect motor vehicle safety. Under 49, Code of Federal Regulations, Part 579.5, each manufacturer of an item of aftermarket equipment is responsible for safety-related defects in that equipment. This means that a manufacturer of aftermarket arm rests would have to recall the equipment and remedy free of charge any defect that is determined to exist (15 U.S.C. 1414). For example, arm rests constructed of highly flammable material could be determined to be defective.
I hope this has been responsive to your inquiry. Please contact Hugh Oates of my staff if you require any further information (202-426-2992).
SINCERELY,
LORDI & IMPERIAL
COUNSELLORS AT LAW
June 18, 1980
Frank A. Berndt, Esq. Chief Counsel National Highway Traffic & Safety Administration
Dear Mr. Berndt:
Please be advised that I represent a company which is about to commence production of a center arm rest which will be installed in automobiles with bucket seats which do not offer this type of option.
In reviewing the Federal Motor Vehicle Safety Standards, I have been unable to find any standard relating to the manufacture and installation of arm rests. In fact, I am of the opinion that there are not any such standards.
My opinion was confirmed by a telephone call to your office and a conversation with one of the attorneys at your office.
Would you kindly provide me with the position of the National Highway Traffic & Safety Administration in regards to the manufacture and installation of center arm rests in automobiles containing bucket seats and advise whether there are any applicable safety standards.
Your immediate attention to this matter will be greatly appreciated as my clients are a small company who are totally dependent upon a steady cash flow in order to remain competitive.
GEORGE D. LORDI