Interpretation ID: nht92-5.49

DATE: June 22, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Michael Gronowicz -- Keiper Recaro Seating, Inc.

TITLE: None

ATTACHMT: Attached to letter (fax) dated 5/12/92 from Michael Gronowicz to Paul J. Rice (OCC 7306)

TEXT:

This responds to your Fax of May 12, 1992, requesting an explanation of the term "render inoperative" as it is used in S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). In general, that section prohibits any manufacturer, distributor, dealer, or repair shop from making any modification or repair that would negatively affect a vehicle's compliance with an applicable safety standard. Violations of this "render inoperative" prohibition are subject to a civil penalty of up to $1,000 for each violation.

I hope you find this information helpful. If you are interested in how the "render inoperative" prohibition would apply to a specific factual situation, I would be happy to provide an opinion if you will describe the specific situation. If you would like any further information about this "render inoperative" prohibition, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.