Interpretation ID: nht91-2.36

DATE: March 18, 1991

FROM: George Ziolo

TO: Administrator, US DOT/NHTSA

TITLE: Re Petition for Rectification of an Error, FMVSS 208

ATTACHMT: Attached to letter dated 5-8-91 from Paul Jackson Rice to George Ziolo (A37; Std. 208)

TEXT:

I advise clients of NHTSA's requirements.

It is my understanding that the seat belt warning system furnished with manual belts need be activated only by the driver's belt in vehicles manufactured between 1-1-72 and 8-31-89 inclusive, in accordance with S7.3.

However, your 49 CFR, revised as of October 1990, requires that a seat belt warning system furnished with manual belts need be activated not only by the driver's belt but also by

the front outboard passenger's belt in vehicles manufactured between 1-1-72 thru 8-31-73 inclusive (S4.1.1.3.1(a) and S4.1.1.3.2); and by

the front outboard and front center passenger's belt, in vehicles manufactured 9-1-73 thru 8-31-89 (S4.1.2.3.1(a), S4.1.2.3.1(b), and S4.1.2.3.2).

In view of the fact that the above represents a more severe requirement than the original one in effect on 1-1-72, and the fact that NHTSA has not in the past retroactively tightened its requirements, the above appears to be an inadvertent error, particularly because S7.3 makes no mention of seating positions other than the one for the driver.

If the above is an error, please confirm this to me for my record and use.

If the above is not an error, please advise me as to when you published this change in the Federal Register. If you have not published it in the Federal Register, I request that you do, including the effective dates of the changed requirement for compliance purposes.

I make this request as a petition under provisions you find applicable. If you wish that I resubmit this petition in another format, please advise me which format is appropriate.

This matter is very important to me and my clients for reasons of both compliance and product liability.