Interpretation ID: 1984-1.24

TYPE: INTERPRETATION-NHTSA

DATE: 03/15/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: COSCO -- Don Gerken, Research and Development

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Don Gerken Senior Product Engineer Research and Development COSCO 2525 State Street Columbus, Indiana 47201

This responds to your letter asking for an interpretation of Safety Standard No. 213, Child Restraint Systems (49 CFR S 571.213). Specifically you noted that your company would like to begin producing a child restraint system with a new shield design. The new shield would be substantially smaller than the shield your company currently uses. You noted that this type of shield is already being sold by other companies, and that in your restraint, the harness system, but not the shelf-like shield, would restrain the child's forward movement. A system with that characteristic would not comply with Standard No. 213.

Section S5.2.2.2 of Standard No. 213 specifies that no fixed or movable surface shall be in front of the child, except surfaces which restrain the child. Since your proposed new shield does not restrain the child, it is expressly prohibited from being mounted on the child restraint.

Even assuming that the proposed new shield did act to restrain the child, there is still a question of whether the shield would comply with section S5.2.2.1(c), since your drawing does not indicate which portions of the shield would restrain a child's torso and thus would need to comply with the 2-inch radius of curvature requirement.

At this time, the Enforcement Division of this agency has several investigations pending concerning potential violations of the standard by firms using shields along the lines of the shield you propose. These investigations focus primarily on whether such shields satisfy the 2-inch radius of curvature requirement of section S5.2.2.1(c) of Standard No. 213.

Please do not hesitate to contact me if you need further information or have further questions on this matter.

Sincerely,

Frank Berndt Chief Counsel

Mr. Frank Berndt Chief Counsel U. S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, DC 20590

September 27, 1983

Dear Mr. Berndt:

My present project is to reduce cost of our Child Restraints and, at the same time, comply with the Standards.

We make a shield, illustrated as Design "A" attached, that is costly and we cannot produce it in-house. The shape illustrated as Design "B" lends itself to injection molding that we could do in-house. If this shape were used in such a way that it was spring loaded upward and moving it down in front of a child would also place a harness system on the child, would this design violate the Standards, assuming it met all the test criteria?

In effect, the harness system would restrain the child's forward movement -- not the shelf-like shield.

This is not something new. The concept now is being sold; but before pursuing this concept further ourselves, we would like assurance that the concept will comply.

Your immediate attention to this matter will be greatly appreciated.

Sincerely,

Don Gerken

Senior Product Engineer Research and Development

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