Seat Belt Case Goes to Court

02/05/97

The Associated Press reports that the government was scheduled to argue in court this week that Chrysler Cirrus and Stratus cars failed a federal seat belt compliance test, and that the company must recall 91,000 of the vehicles and fix them for free. Chrysler officials have decided to fight the recall, and allege that the National Highway Traffic Safety Administration (NHTSA) didn't run the tests properly.

The unprecedented case marks the first time the NHTSA has taken an automaker to court based on its own safety tests. In the past, the agency has always sued manufacturers to force recalls of defective autos based on an engineering analysis and accident data.

The government says that a metal anchor that attaches the seat belt to the car floor is not strong enough in the Chryslers. Last year, a weld nut that anchored the belt in place pulled out of the floor of a 1995 Cirrus during the routine testing. The bolt left a visible hole in the floorboard when it ripped out. Chrysler used the same anchor system on all 1995 Cirrus and Dodge Stratus cars built before May 15, 1995. After that date the company replaced the weld-nut anchor with a stronger design.

The government has kept the same seatbelt anchor standard for over 25 years. During that time, it has recorded 54 violations of the standard. In every single previous instance, carmakers have recalled the cars with weak belts and fixed them. This year Chrysler refused to follow suit.

The sides were supposed to open their arguments in court on Tuesday, with U.S. District Court Judge Emmet G. Sullivan presiding. There will be no jury for the trial, as it does not involve a dispute over the facts of this case. Rasther, the two parties are arguing over the interpretation of the facts. Chrysler could face up to $2.4 million in civil penalties, if it loses the case.

Chrysler and the NHTSA are arguing over the proper placement of the government's testing equipment during the test. The government put the equipment several inches away from the seat back. Chrysler says the tests must take place with the equipment flush against the seat.

The NHTSA says that its official descriptions of the test allow it to place the equipment in question in several different positions in the seat. The agency says the descriptions were published as policy in 1991. Chrysler duplicated the federal agency's safety test with the equipment placed five inches away from the seat back (rather than the three inches the government used), and the belt failed again.

When the suit was announced last June, Ricardo Martinez, director of the NHTSA, explained that seat belt quality is especially important because it's the main safety device to protect motorists in crashes: "our safety standard ensures that seat belts perform properly when used, and provide users at least a minimum level of protection."

Chrysler's assistant general counsel, Lewis Goldfarb, said the agency's testing procedure was not clear and could not be duplicated: "we're challenging the clarity of the test. We're entitled to clear and specific regulations and requirements."

Paul Dever -- The Auto Channel