AAJ upset over pre-emption language in new seatbelt rule 
Posted: 1:00 am Fri, October 10, 2008
By Michelle Lore
According to the AAJ, the National Highway Traffic Safety Administration’s final rule on designated seating positions includes specific language that would pre-empt state tort law claims related to seatbelt positions. The language essentially prohibits consumers from legally claiming they were unable to wear a seatbelt because of lack of sufficient number of seatbelts or the seatbelt’s location in the vehicle.
The AAJ says that the “designated seating position” rule had two main objectives: (1) to revise the definition of “designated seating position” to determine the number of seat belts that are required in a particular vehicle; and (2) to eliminate the exclusion of auxiliary seats from the definition so that all seating locations intended to be used while a vehicle is in motion would provide the appropriate levels of crash protection.
But the final rule issued Wednesday specifically includes the pre-emption language, in addition to the preamble, where NHTSA has included pre-emption language in past rules.
Before when the language was only in the preamble, the agency was giving an advisory opinion,” AAJ president Les Weisbrod said in a press release. “Clearly the agency wanted to give the manufacturers a free pass on seatbelt safety.”
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