How the New Regulation Works
Before NHTSA adopted this new regulation, the law flatly prohibited dealers and other motor vehicle repair businesses from deactivating air bags. In rare cases, NHTSA sometimes issued a letter stating that NHTSA would not enforce this law against any dealer who disconnected a particular customer's air bag(s).The new regulation changes the previous law in the following ways:
(1) NHTSA Has Announced Criteria Which Can Qualify Customers for Installation of a Retrofit Air Bag On-Off Switch
NHTSA continues to believe that the vast majority of people benefit from air bags and should not ever have them disconnected, even with a air bag on-off switch. But in its new regulation, NHTSA has identified certain operating circumstances which NHTSA believes could justify an air bag on-off switch for some people in each circumstance. NHTSA refers to people in each of these circumstances as a "risk group." Some owners who fall within these risk groups, and who follow the procedures required by the regulation, would be eligible to have an air bag on-off switch installed.
Here are the risk groups that can qualify for an air bag on-off switch:
To Qualify for an Air Bag On-Off Switch for the Driver Air Bag
Medical Condition. The driver has a medical condition which, according to his or her physician:
^ causes the driver air bag to pose a special risk for the driver; and
^ makes the potential harm from the driver air bag in a crash greater than the potential harm from turning off the air bag and allowing the driver, even if belted, to hit the steering wheel or windshield in a crash.
Distance from driver air bag. Despite taking all reasonable steps to move back from the driver air bag, the driver is not able to maintain a 10-inch distance from the center of his or her breastbone to the center of the driver air bag cover.
To Qualify for an Air Bag On-Off Switch for the Passenger Air Bag
Infant. An infant (less than 1-year old) must ride in the front seat because:
^ the vehicle has no rear seat;
^ the vehicle has a rear seat too small to accommodate a rear-facing infant seat; or
^ the infant has a medical condition which, according to the infant's physician, makes it necessary for the infant to ride in the front seat so that the driver can constantly monitor the child's condition.
Child age 1 to 12. A child age 1 to 12 must ride in the front seat because:
^ the vehicle has no rear seat;
^ although children ages 1 to 12 ride in the rear seat(s) whenever possible, children ages 1 to 12 sometimes must ride in the front because no space is available in the rear seat(s) of the vehicle; or
^ the child has a medical condition which, according to the child's physician, makes it necessary for the child to ride in the front seat so that the driver can constantly monitor the child's condition.
Medical Condition. A passenger has a medical condition which, according to his or her physician:
^ causes the passenger air bag to pose a special risk for the passenger; and
^ makes the potential harm from the passenger air bag in a crash greater than the potential harm from turning off the air bag and allowing the passenger, even if belted, to hit the dashboard or windshield in a crash.
NHTSA has emphasized that even within these risk groups, most people would still be safer with the air bag on than with it off, so not everyone in a risk group is a good candidate for installation of an air bag on-off switch. Individual circumstances will control.
(2) The Owner Must Fill Out and Sign NHTSAs Request Form
Owners who believe they qualify for an air bag on-off switch must obtain a NHTSA form entitled "Request for Air Bag On-Off Switch." An owner who asks you how to get this form can be told to contact NHTSA directly. The NHTSA address and telephone number are:
National Highway Traffic Safety Administration
Attention: Air Bag Switch Request Forms
400 Seventh Street, S.W.
Washington, D.C. 20590-1000
1-800-424-9393
By signing this NHTSA form, the customer affirms several things, as follows:
First, the customer attests that he or she is the owner or lessee of the vehicle.
Second, the customer attests that he or she falls within one of the risk groups (or that another driver or passenger of the vehicle does).
Third, the customer acknowledges receiving and reading an information brochure published by NHTSA entitled "Air Bags & On-Off Switches, Information for An Informed Decision." (This NHTSA brochure is available directly from NHTSA at the above address or by calling NHTSA at its hotline: 1-800-424-9393.) The NHTSA brochure emphasizes the benefit of air bags to almost all drivers and occupants and makes clear that very few people should consider getting air bag on-off switches.
Fourth, the customer agrees that the Retailer may insist that the customer sign a "waiver of liability" before installing an air bag on-off switch. NHTSA has not suggested any particular form of waiver for this purpose. We strongly advise that Retailers consult their own attorneys about the form of waiver they may want to use and its likely effect.
(3) The Customer Must Send the Completed Form ("Request for Air Bag On-Off Switch") to NHTSA
After completing the NHTSA form (" Request for Air Bag On-Off Switch"), the customer (not the Retailer) must send the form to NHTSA in Washington, D.C. NHTSA will then review the form. If NHTSA finds that the customer qualifies for an air bag on-off switch, NHTSA will send the customer a letter authorizing the Retailer (or other repair business) to install the air bag on-off switch. The customer will then come to the Retail facility, show the NHTSA authorization letter, and ask the Retailer to install an air bag on-off switch.
(A copy of the letter NHTSA will send to customers is included in this informational packet.)
(4) The Retailer Must Decide Whether to Install the Air Bag On-Off Switch
A. For Customers Who Have Not Received the NHTSA Letter Authorizing Installation of an Air Bag On-Off Switch.
These customers are not eligible for air bag on-off switches. Don't install an air bag on-off switch for any customer who does not present NHTSA's authorization letter to you. If you do, you will be breaking the law. Instead, we suggest that you refer the customer to NHTSAs hotline for a copy of the NHTSA brochure ("Air Bags & On-Off Switches, Information for an Informed Decision"), which customers can obtain by calling NHTSAs hotline: 1-800-424-9393.
The key message to these customers is that proper restraint is the easiest and best measure to help protect against air bag risks and to maximize the safety benefits air bags can provide. Proper restraint means:
^ Securing children in restraint systems appropriate to their size, preferably in a back seat, and never securing a baby in a rear-facing infant seat in front of an active air bag.
^ Securing drivers and other adults using the vehicle's lap and shoulder belts.
^ Moving the driver's seat back as far as practical, while still maintaining comfortable driver control.
^ Moving a separate front passenger's seat back as far as possible.
^ Cautioning anyone riding in front of an air bag to avoid leaning far forward during travel, because this can bring the person's head and upper torso into the dangerous area where the air bag must inflate in a crash.
All things considered, for almost all safety conscious people who take these simple precautions, we think getting an air bag on-off switch doesn't make sense.
B. For Customers Who Have Received NHTSAs Letter Authorizing Installation of an Air Bag On-Off Switch.
If a customer presents the Retailer with a letter from NHTSA authorizing installation of an air bag on-off switch, the Retailer must decide whether to install the air bag on-off switch. Again, the new NHTSA regulation is permissive, meaning Retailers are free to decline a customer's request for an air bag on-off switch, even if the customer has NHTSAs authorization. Retailers who decide to install the air bag on-off switches, and who do so in compliance with the regulation, face no risk of legal action against them by NHTSA. But that still leaves Retailers with an important decision to make. Here are some considerations that we hope will help Retailers make good decisions.
i. Give Customers the "Notice to GM/Saturn Owners About Air Bag On-Off Switches"
THIS INFORMATION IS IN ADDITION TO THE INFORMATION PROVIDED TO CUSTOMERS BY NHTSA. It underscores the point that proper restraint is the simple answer to the risk of air bag injury for almost everyone, and air bag on-off switches are almost always unnecessary. It also provides important information about increased risks of injury when air bags are turned off, particularly in vehicles with seat belts using "energy management" or force-limiting designs.
Force-Limiting Belt Designs. In some collisions, if the force of the occupant against the belt is large enough, force-limiting belts, an added safety feature, allow the belt system to partially "give" or yield after initially restraining the motion of the occupant. Working together with other features of the vehicle (instrument panel, knee bolsters, etc.) these energy management features help provide necessary restraint while reducing the danger of overloading any single part of the occupant's body in a crash. In some vehicles, force-limiting belts are designed to work as part of an overall restraint system that includes air bags. In these vehicles, the inflated air bag restrains the additional forward movement of the occupant permitted by the force-limiting belts. If the air bag is turned off, it obviously can't do this job, and the risk of injury increases. The larger the occupant, and the more severe the crash, the greater the risk becomes. This is a factor the Retailer and the customer should take into account before deciding to install an air bag on-off switch on any vehicle with force-limiting belt designs.
We are supplying you with a list of all GM and Saturn vehicles incorporating energy management or force-limiting systems so you can explain this added risk to customers, when appropriate. For a few of these vehicles, the increased risk of turning off an air bag is such that an air bag on-off switch should not be used unless the seat belts are replaced. These vehicles are:
1995 - 1997 Buick Rivieras
1995 - 1997 Oldsmobile Auroras
1997 - 1998 Chevrolet Corvettes
For these three model lines, GM has designed replacement belts for the front seat. The replacement belts will be packaged with the air bag on-off switches. Do not install an air bag on-off switch on any of these three vehicles without also installing the replacement seat belts.
ii. Some Other Important Facts About Air Bag On-Off Switches
1) New vehicle warranties do not cover the cost of the air bag on-off switch or its installation.
2) Owners who have an air bag on-off switch installed may want to check with their insurance carriers to see if the installation of the air bag on-off switch increases the insurance premium.
3) A very few owners might qualify for two air bag on-off switches in the same vehicle (one for each of the vehicle's two front air bags). They would have to present a separate NHTSA authorization for each air bag on-off switch.
4) The law prohibits a dealer or other motor vehicle repair business from completely disconnecting an air bag. The only permitted procedure for modifying the air bag's operation is installing an air bag on-off switch, which can be done only if all the requirements of the regulation have been met.
5) The law prohibits manufacturers and dealers from installing an air bag on-off switch on a new vehicle before delivery to the first customer.
6) The air bag on-off switch will take up room in the vehicle's glovebox, console, or storage area, reducing the storage room available in those spaces.
iii. Installing the Air Bag On-Off Switch
When the Retailer elects to install an air bag on-off switch for a customer under the new NHTSA procedures, use the installation procedures described in the Technical Information Bulletin.
iv. Owner's Manual Insert
The NHTSA regulation requires that customers receive an owners manual insert whenever an air bag on-off switch is installed. We have prepared the required insert and included it in the kit containing the air bag on-off switch itself. Make sure that the customer receives the owners manual insert after the air bag on-off switch is installed.
V. Record Keeping
When a Retailer decides to install an air bag on-off switch under NHTSAs new regulation, the Retailer must complete a NHTSA form entitled "Installation of Air Bag On-Off Switches," a copy of which is attached. The Retailer must then send that completed form to NHTSA within seven working days after the completion of the installation of the air bag on-off switch, at the address shown on the form.
Saturn also suggests that Retailers retain for their own files a copy of all the key documents, including:
1) the letter that NHTSA sends to the customer authorizing installation of the air bag on-off switch,
2) the NHTSA form "Installation of Air Bag On-Off Switches," which the Retailer sends NHTSA after installing the air bag on-off switch,
3) any waiver, as described in the Fourth paragraph of Section (2) of this document, the Retailer obtains from the customer when an air bag on-off switch is installed.