Janet Lee

Janet Lee
Photo:Janet Lee, injured by a taxi partition.

Saturday, December 31, 2016

Either the law applies... or it doesn't

Manufacturer of currently used police cruiser partitions say;

“During our many years designing and manufacturing police vehicle equipment, we have done much research to see if there was any federal regulation that might pertain to our products.
We have found that our equipment is considered an “after-market product” that has no federal regulations.”
Judy Setina

Can this possibly be a sincere answer? It is possible that she believes this lie. 
The USDOT doesn't believe it.

However, our federal government said;

“You first asked whether our safety standards apply to auxiliary interior equipment installed in motor vehicles. The answer is yes. The NHTSA authorizes this agency to issue safety standards for new motor vehicles and equipment (S103), prohibits the sale or manufacture of new vehicles and equipment which do not meet those standards (S108(a)(1)(A)), establishes civil penalties for non-complying vehicles and equipment (S109(a)), and requires manufacturers to recall and remedy any non-compliances (S154(a)).
In addition, the Act requires certification of compliance with applicable safety standards (S114). This requirement applies to manufacturers of equipment, with regard to those items of equipment, and to vehicle manufacturers with regard to the entire vehicle. Thus, if auxiliary interior equipment is installed in a vehicle prior to first sale, the automobile equipment manufacturer must certify compliance with any safety standards applicable to the item of equipment, and the vehicle manufacturer must certify that the entire vehicle (including items of equipment) complies  with all applicable safety standards.”

Jeffrey R. Miller

Chief Counsel USDOT 1985

It seems pretty clear from this excerpt from a 1985USDOT letter. The law applies.

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