Interpretation ID: 1984-3.20

TYPE: INTERPRETATION-NHTSA

DATE: 09/06/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Phillip Ables -- Association for Retarded Citizens/Quachita

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Phillip Ables Work Activity Director Association for Retarded Citizens/Quachita Rt. #1 1908 Winnsboro Rd. Monroe, LA 71202

This responds to your recent letter to Mr. Kratzke of my staff, making for information and assistance regarding regulations applicable to child car seats, any safety standards applicable to those seats and the agency responsible for testing.

Federal Motor Vehicle Safety Standard No. 213, Child restraint systems (49 CFR 571.213) sets forth requirements which must be set by all devices designed for use in a motor vehicle to seat children who weigh not more that 50 pounds. I have enclosed a copy of this standard for your information. As you will see, Standard No. 213 requires, among other things, that the restraint protect a test dummy during a 30 mph crash, that the restraint meet the flammability resistance requirements of Standard No. 302 (copy attached) and that the manufacturer provide detailed instructions on the proper use of the restraint.

The United States does not use a certification process similar to the European Economic Community, in which a manufacturer of motor vehicle equipment is required to deliver the equipment to be certified to a governmental agency for testing and approval. Instead, in the United States the individual manufacturer must certify that its product complies with all applicable safety standards. Further, this agency does not require that the certification be based on a specified number of tests or any tests at all; we only require that the certification tbe made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint complies with the requirements of Standard No. 213. We would certainly recommend that a manufacturer producing child restraints certifying compliance with Standard No. 213, especially for the protection requirements in a 30 mph crash. Once the manufacturer determines that its child restraint meets the requirements of Standard No. 213, it certifies that compliance by putting the appropriate language on the label permanently attached to the restraint.

For purposes of enforcement, this agency conducts spot checks of child restraints after they have been certified as complying with Standard No. 213, by purchasing and testing the child restraints according to the procedures specified in the standard. If the restraints pass the tests, no further steps are taken.

If the child restraints fail the test and are determined not to comply with Standard No. 213 or if it is determined that the child restraints contain a safety-related defect, the manufacturer of the child restraint is required to remedy the problem. Section 154(a)(2)(8) of the National Traffic and Motor Vehicle Safety Act of l966, as amended (15 U.S.C. 1414(a)(2)(8) specifies that, in the case of a child restraint which fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer any elect to either:

l. repair the child restraint, so that the defect or noncompliance is removed; or

2. replace the child restraint with an identical or reasonably equivalent child restraint which does not have the defect or noncompliance.

Whichever of these options is chosen, the child restraint manufacturer must bear the expense and cannot charge the child restraint owner for the remedy.

You noted in your letter that your group had been asked to make car seats for children with physical disabilities. Since you are getting into a highly technical area, you may wish to contact Dr. John Melvin, who is associated with the Transportation Research Institute of the University of Michigan. Dr. Melvin has experience testing child restraints designed for use by physically handicapped children, and could provide you with information concerning that testing. His telephone number is (313) 763-3462.

Should you have any further questions or need more information on this subject, please contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely, Frank Berndt Chief Council Enclosures

July 30, l984 Mr. Steve Kratske Office of Chief Council NHTSA 4007 Street Southwest Washington, DC Dear Mr. Kratske:

ARC/O Industries is a sheltered workshop for the handicapped operated by the Association for Retarded Citizens/Quachita. For the past year, we have been manufacturing customized, adaptive equipment-side lyers, prone standers, wheelchair inserts, etc. -for handicapped children.

The equipment we manufacture is made from a special type of laminated cardboard, four sheets thick, of remarkable strength and durability. The material is cheap, resilient and may be cut, painted, glued and doweled without difficulty.

Recently, we have begun manufacturing adaptive inserts for Handicapped Children's Services, a State Agency serving children with physical disabilities. This agency has asked us to make car seats to be used in the transportation of their clients.

I would appreciate any information or assistance you could give us regarding the regulations for manufactured car seats, safety standards, and agency responsible for testing. Thank you for your time and help. Sincerely, Philip Ablas Work Activity Director Association for Retarded Citizens/Quachita