Interpretation ID: nht71-2.14

DATE: 03/12/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: The Bobby-Mac Company, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of February 4, 1971, in which you submitted for our review a draft of a label that you intend to use on your Bobby-Mac baby chair in accordance with paragraph S4.1 of Motor Vehicle Safety Standard No. 213. We have restated the parts of your label whose compliance with the requirements of S4.1 is questionable, followed by our comments.

1. "In each position, reclining to upright, Bobby-Mac exceeds Federal Motor Vehicle Safety Standard No. 213 requirements for child seating systems."

We assume that you intend this statement to be your certification, pursuant to Section 114 of the National Traffic and Motor Vehicle Safety Act, that the Bobby-Mac seat complies with Standard No. 213. While certification is not required to be placed on the label by S4.1, placing it there is not inconsistent with either Section 114 of the Act or Standard No. 213. However, we do not consider the statement you have used to be an adequate certification statement. This is because when read literally, the statement deals only with the static force requirements of the standard, as the other requirements, such as those for labeling (S4.1), providing instructions (S4.2), adjustments (S4.3), and others, are neither concerned with the "position " of the child seat nor can they be "exceeded." You must certify compliance with all the requirements of the standard, and your statement should be changed accordingly. Should you wish to use it, the following statement, for child seats manufactured on or after April 1, 1971, would be satisfactory: "This child seating system conforms to all Federal motor vehicle safety standards applicable to it on the date of manufacture shown below."

2. "Bobby-Mac can only be used in ears with standard auto seat belt which must be used to secure Bobby-Mac safely on front or rear auto seat. In vehicles with seats more elevated from floor than usual passenger auto, thereby not permitting sufficient length in auto seat belt to loop around Bobby-Mac, or if for any reasons auto seat belt is short, auto dealer or auto belt manufacturer can supply belt lengthener."

You have apparently placed this statement on the label to comply with paragraph S4.1(e) of the standard which requires a statement describing in general terms the types of vehicles and designated seating positions in those vehicles in which the system is recommended or not recommended for use. It is your responsibility under the requirement to make cortain that the types of vehicles you recommend have seat belts that are long enough to use the Bobby-Mac as recommended. You have stated that the Bobby-Mac can be used with a standard auto seat belt, but you have also indicated that there are types of vehicles or belt conditions with which the Bobby-Mac should not be used without some modification. We believe that your exceptions should be stated more objectively, such as prescribing the minimum belt loop length above the seat cushion that is required, so that a consumer can more accurately determine whether you are recommending the Bobby-Mac for use in his vehicle.

With reference to your recommendation concerning seat belt lengtheners if these lengtheners are not available by April 1, 1971, your label would not comply with the requirement. If they are available, your label should describe them in sufficient detail, such as by part number, so that consumer will know precisely what they must obtain in order to properly install the Bobby-Mac child seat. Your seat would be required to meet the force requirement of the standard when tested in the vehicles in which you recommend it for use and using any of the seat belt modifiers that you recommend for use with it.

3. "When Bobby-Mac is used for older, taller youngster, it must be used auto seat whose seat back or head restraint extends at least 6" above top of Bobby-Mac seat bucket."

In this case, you indicate that a child of a certain height must be placed at only certain seating positions. In order to provide consumers with some objective criteria by which they can determine whether Bobby-Mac is appropriate for their vehicles, the minimum height of the child that needs the additional head restraint protection should be provided, rather than describing him as merely "older" or "taller." In addition, it would be preferable if you specified the total seat back height above the seat cushion that is necessary for the children you have in mind, rather than indicating this measurement as the distance from the top of the child seat bucket. The information would be more useful to consumers, as it would allow them to determine the appropriateness of the Bobby-Mac without first obtaining one.

4. Finally, based upon the photographs submitted with your letter, the Bobby-Mac seat does not appear to be a rearward-facing child seat. If this is the case, the statement, "For use only on forward-facing vehicle seats," as required by S4.1(g), must be included on the label.

Please write if you have further questions.