Interpretation ID: 1984-2.35

TYPE: INTERPRETATION-NHTSA

DATE: 07/24/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: BoPeep Nursery Products Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Stephen Sher President BoPeep Nursery Products, Ltd. 101 Portland Street Toronto, Ontario May 1B1 CANADA

Dear Mr. Sher:

This responds to your recent letter to Mr. Kratzke of my staff, asking for an interpretation of Federal Motor Vehicle Safety Standard No. 213, Child restraint systems (49 CFR S571.213). Specifically, you asked if the requirements of Standard No. 213 apply to a system which is designed for use solely by children who weigh more than 50 pounds and is so labeled. Standard No. 213 does not apply to devices intended solely to restrain children who weigh more than 50 pounds.

Section S4 of Standard No. 213 defines a child restraint system as "any device, except Type I or Type II seat belts, designed for use in a motor vehicle to restrain, seat, or position children who weigh not more than 50 pounds" (emphasis added). If your product is designed solely for use by children who weigh more than 50 pounds, it would not be a "child restraint" as that term is defined in Standard No. 213, and so would not be subject to the requirements of the Standard.

You should be aware of the requirements of sections 151-154 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411-1414), which specify that when an item of motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser. This could become relevant to the sale of your product in several ways. For example, if the seating system were marketed and sold in such a way that it would be likely to be often used by children under 50 pounds, and were not certified as complying with Standard No. 213, it might well be found to contain a safety-related defect.

To prevent such unintended usage, I strongly recommend that the device be clearly and permanently labeled to show the size and age of children intended to be restrained by this system. I would further recommend that your marketing efforts and point of sale materials highlight the size and age of child which your system is designed to restrain.

Another potential safety-related defect finding which could be made would occur if testing showed that children of the age and size intended to use your seating system were safer using a 3- point belt alone than the seating system with a 3-point belt. To ensure that this finding is not made, I would recommend some testing or engineering analysis by your company to show that your seating system when used with the 3-point belt system is at least as safe for use by its intended occupants as a standard 3-point belt would be when used alone.

Should you have any further questions or need any further information in this regard, please feel free to contact Mr. Kratzke at this address or by phone at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

June 25, 1984.

OFFICE OF CHIEF COUNCIL Room #5219 400 - 7th Street S. W. Washington, DC USA 20590

Attention: Mr. Stephen Kretzke

Dear Mr. Kretzke:

During our conversation of June 20th we had mentioned our need for an interpretation on Section S4 of FMVSS 213 and how our initial inquiry was directed through Calspan.

We have enclosed a copy of Calspan findings for your attention and are requesting confirmation of its contents.

We are also concerned that our point of sale material can highlight that our seat can be used for children 3 years of age and up and for children who are over 50 lbs.

We request your prompt reply to this inquiry as we are looking forward to entering the American market quite soon.

Yours Truly,

BO-PEEP NURSERY PRODUCTS LIMITED

Stephen Sher President

SS:sb Encl.

June 15, 1984

Mr. Stephen Shir BoPeep Nursery Products, Ltd. 101 Portland Street Toronto, Ontario M8Y1B1 CANADA

Dear Mr. Shir:

This letter is in response to your recent inquiry concerning the applicability of Federal Motor Vehicle Safety Standard No. 213 (FMVSS 213) to your new booster seat, the Shuttle Seat, designed for children over 50 pounds in weight.

Section S4 of FMVSS 213 defines child restraint systems which must meet the specified requirements as "any device, except Type I or Type II seat belts, designed for use in a motor vehicle to restrain, seat, or position children who weigh not more than 50 pounds." On June 15, 1984, I received a verbal interpretation of Section S4 from the Department of Transportation's Office of Vehicle Safety Compliance, in conjunction with the Office of Chief Counsel, that child restraint systems designed and labelled for use by children over 50 pounds are exempt from the requirements of FMVSS 213.

Based upon the above interpretations and our evaluation of your booster seat, it is our opinion that, if the device is labelled for use only by children over 50 pounds that is is exempt from the requirements of FMVSS 213.

I hope this information is of use to you. Please feel free to call me with any further questions.

Sincerely,

Michael J. Walsh, Head Biomechanical Sciences Section Transportation Research/ Physical Sciences Department

Barbara J. Kelleher Staff Associate Transportation Research/ Physical Sciences Department kd