Interpretation ID: 1985-02.38

TYPE: INTERPRETATION-NHTSA

DATE: 06/03/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Frederick B. Locker, Esq. -- Locker, Greenberg and Brainin

TITLE: FMVSS INTERPRETATION

TEXT:

Frederick B. Locker, Esq. Locker Greenberg & Brainin, Esq. One Penn Plaza New York, NY 10001

This responds to your recent letter to Steve Kratzke of my staff, seeking an interpretation of the requirements of Standard No. 213, Child Restraint Systems (49 CFR S571.213). Specifically, you asked if a belt which is attached to and is not easily removed from a movable shield is an integral part of the shield within the meaning of section S6.1.2.3.1(c), and may therefore be attached when the restraint is tested in test configuration II of Standard No. 213. Such a belt is an integral prt of the movable shield and may attached during test configuration II.

Your client, Collier-Keyworth, has designed a child restraint that integrates the webbing of the upper torso restraint with the crotch strap and the movable shield in a continuous connection, with the bottom of the crotch strap webbing intended to be buckled to the base of the seat between the child's legs after the child is positioned in the restraint. As described in your letter and shown in the photographs enclosed therewith, the crotch strap portion of the webbing is considered an integral part of the movable shield, because it is formed as a unit with that shield. Hence, section S6.1.2.3.1(c) of Standard No. 213 allows you to attach the crotch strap portion of the webbing to the base of the seat during configuration II testing.

I suggest, however, that Collier-Keyworth incorporate into the restraint some means of alerting parents each time they place a child in the restraint that the crotch strap must be buckled into the base of the seat. This suggestion is based on past experience with child restraints which have both a movable shield and a crotch strap which must be buckled to adequately protect the child.

In the late 1970's there were several child restraint designs which had a crotch strap permanently attached to the base of the seat and a movable shield which lowered in front of the child. The designers of these restraints intended that the crotch strap be attached to the shield to properly restain the child. However, such restraints were often misused by consumers who did not attach the crotch strap to the shield. NHTSA was concerned that in the event of a crash, a child occupant would submarine partly or completely out of restraints whose crotch straps were not fastened to the shield.

When amended Standard No. 215 was being promulgated, the agency decided to include some procedure for testing those child restraints whose design could lead a parent to believe that a child was adequately protected when the restraint was, in fact, being misused. In the case of restraints with movable shields, the agency believed that some parents would conclude that a child was protected by the restraint simply by lowering the movable shield in front of the child without buckling the crotch strap. Test configuration II in Standard No. 213 was intended to address this situation, by attempting to ensure that child restraint designs which would likely be misused would afford some minimal level of protection when they were misused. To achieve this end, test configuration II requires that child restraints with a movable shield in front of the child be tested in a 20 mile per hour crash with the shield in front of the test dummy, but without attaching any belts which are not an integral part of the shield.

Many previous interpretations of this standard explained that section S6.1.2.3.1(c) allows belts which are an integral part of the movable shield to be attached during configuration II testing because the agency believed that the need to buckle such belts would be more readily apparent than in the case of nonintegral belts. That is, a parent would be less likely to conclude that the child was adequately protected if the integral belt was not buckled.

During 1980, the manufacturers of the restraints with movable shields to which crotch straps were to be attached asked NHTSA if the crotch straps could be attached to the shield during configuration II testing if the movable shield were spring-loaded so that it would not stay in front of the child unless the crotch strap were attached. The agency concluded that the rationale for not allowing the nonintegral crotch strap to be fastened during configuration II testing would not apply if the crotch strap were to be fastened to spring-loaded movable shields. Unless these crotch straps were attached, there would be nothing in front of the child to restrain him or her in the event of a crash. Therefore, NHTSA decided it was unlikely that a parent would conclude that a child would be adequately protected without attaching these crotch straps, and permitted spring-loaded movable shields to attach nonintegral crotch straps during configuration II testing under Standard No. 213.

The shield on the Collier-Keyworth child restraint is not spring-loaded and thus would remain in front of an occupant regardless of whether the crotch strap is fastened. Our examination of the photographs and materials enclosed with your letter suggests that it is possible a parent might conclude that a child was adequately protected simply by lowering the shield in front of the child without buckling the crotch strap. For instance, Figure 5 of Exhibit B shows the shield lowered and staying in place without buckling the crotch strap. I am sure that Collier-Keyworth wants to minimize the chances of this sort of misuse occurring, and will want to incorporate some means of alerting parents each time they place a child in the restraint that the crotch strap must be buckled. Such a means could be spring-loading the movable shield, as would be required if the crotch strap were not an integral part of the shield, or could be a "warning" label on the front of the shield explaining the need to buckle the crotch strap.

If 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, Jeffrey R. Miller Chief Counsel Enclosure Via Express Mail

April 12, 1985

Steve Kratzke, Esq. U. S. Department of Transportation National Highway Traffic Safety Administation Nassif Building, Room 5219 400 7th Street, S. W. Washington, D. C. 20590

Re: Collier-Keyworth Safe & Sound II Car Seat

Dear Mr. Kratzke:

We represent Collier-Keyworth Company with regard to the above referenced product.

As per our previous telephone conversations, we are writing in order to obtain clarification from your office regarding the interpretation of Section S 6.1.2.3.1(c) of Standard No. 213, Child Restraint Systems (49 CFR 571.213) and its applicability to the above referenced product.

49 CFR 571.213 S6.1.2.3.1(c) specifically provides in appropriate part as follows:

"For a child's restraint's system with fixed or movable surface described in S5.2.2 which is being tested under the conditions of test configuration II do not attach any of the child restraint belts unless there are an integral part of the fixed or movable surface." (Emphasis supplied).

We understand that standard 213 is intended to address, among other things, the problems and misuse of child restraints which primarily involves failure to attach buckles and latches, and that to insure that children placed in child restraints are afforded adequate protection, notwithstanding such use, the aforementioned sections of the standard provide that the belts are to be attached to restraining shield during testing only if they are "integral" parts of the shield.

The common English definition of "integral" is "formed as a unit with another part".

We believe that a belt which is attached and not easily removed from the shield is an integral part of the shield since the belt is intended to remain attached whether or not the restraint is in use and is not subject to the types of misuse which the standard intended to minimize.

Our client continually strives to design, manufacture and produce child restraint systems which provide the utmost protection for a child placed in them and eliminate foreseeable misuse of the product. To this end the Safe & Sound II has been developed. The Safe & Sound II consists of a tubular steel frame, a padded molded plastic shell, one piece molded plastic base capable of adjustment for reclined positioning and a harness/shield restraint. The character of the product can be seen from the enclosed instructions and photographs.

The product can be used as a rear facing system for infants and as an upright forward facing system for children 20-40 lbs. Thus, a single purchase enables a consumer to effectively provide protection for his child from birth through 40 lbs. in weight.

The Safe & Sound II Restraint System integrates the webbing of the upper torso restraint with the crotch strap and impact shield in a continuous connection. The strapping together with a molded plastic unit form a continuous loop when the crotch strap is buckled. This arrangement provides a variety of advantages as follows:

1. The system provides a secure 5 point harness system and guarantees that the occupant will be properly positioned within the system in the event of an accident.

2. A large padded surface on the impact shield located at the lower torso area provides for maximum distribution of impact forces over a large an area as possible. This shield is also designed to eliminate the need for separate lap belt assembly and avoid the roping, twisting and cutting into the pelvic areas associated with lap belts. Additionally the shields in connection with the straps form a continuous secure loop.

3. The belt of the upper torso restraint are routed from the back support surface of the system and through the impact shield so that at all points there is assurance that the belts will "lie flat".

4. This child restraint system minimizes the potential for misuse and provides for a simple one-step placement of the child into a secure restraint system. A user need only lift the shield, with its integrated straps, place in the child in the system close the shield and snap the safety buckle to the base of the shield.

For your better understanding and reference, I have enclosed a set of instructions for the Safe & Sound II (attached hereto as Exhibit A). Additionally, photographs labeled Figure 1 through 9 have been attached to this letter as Exhibit B. The instructions will provide you with a full understanding of the capability of the product and the photographs indicate that the straps, movable shield, and seat are fully integrated with one another.

The photographs indicate the following:

Figure 1 shows the restraint system from a forward view with a buckle attached.

Figure 2 shows the buckle unattached and the shield moved upwards as would be the case prior to the placement of a child within the system.

Figure 3 shows the manner in which the strap forms an unbroken loop around the buckle and the manner in which the buckle snaps to the recessed based clip.

Figure 4 indicates the manner in which the straps flow continuously through the rear seat support and the movable shield assuring that they "lie flat". Figure 5 shows the buckle portion of the strap as positioned when unattached.

Figure 6 provides a close-up view of the manner in which the buckle secures into the seat base. The belt buckles much like an ordinary seat belt.

Figure 7 indicates that the straps are securely attached to the movable shield. See also Figure 4.

Figure 8 shows a view of the bottom portion of the shield showing that even when the straps are pulled upward they are incapable of separating from the shield since a continuous loop and buckle prevent their detachment.

Figure 9 shows the rear view of the restraint system and indicates the manner in which the straps follow through the rear plastic molded back support and are secured around the tubular steel frame. You should note the very end of the strap has a metal clamped piece placed around it to inhibit removal of the strap through the buckle.

We believe that this product incorporates child restraint belts which are "an integral part" of the fixed seat and the movable shield portion of the unit.

Therefore, it is our opinion that the buckle should be attached under the conditions of test configuration II of the Standard.

We would appreciate your opinion regarding this product.

If you have any questions, or wish to discuss any item in greater detail, please do not hesitate to call. As previously discussed, I am prepared to visit you in Washington with a sample of the Safe & Sound II if you deem it necessary. We look forward to your prompt response.

Very truly yours, LOCKER GREENBERG & BRAININ, P.C. BY Frederick B. Locker FBL:dd cc: Mr. James R. Fuller