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Interpretation ID: 21489vest



    Ms. Kathy Durkin
    Hold Me Tight Products
    P.O. Box 7272
    San Jose, CA 95150-7272


    Dear Ms. Durkin:

    This responds to your letter concerning a "passenger support vest" for use on school buses. I apologize for the delay in responding. You state that "the vest is used during transport to insure that the child stays in the seat and in an upright position." You ask whether your product is subject to the requirements of Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems. Our answer is yes.

    The National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards for new motor vehicles and items of new motor vehicle equipment to reduce highway crashes and deaths and injuries resulting from crashes. Under that authority, we issued Federal Motor Vehicle Safety Standard No. 213 (49 CFR '571.213), which sets forth requirements which must be met by any device designed for use in a motor vehicle to restrain, seat or position children who weigh 50 pounds or less. I have enclosed an information sheet that describes how you can obtain a copy of the standard.

    Your passenger support vest is a device that is designed to restrain children in motor vehicles. It is thus a "child restraint system" subject to the requirements of Standard No. 213. Standard No. 213 requires, among other things, that child restraints provide protection in a 30 mile-per-hour (mph) crash, that the restraint meet the flammability resistance requirements of Standard No. 302, that the belts and buckles meet certain performance requirements, and that the manufacturer provide detailed instructions on the proper use of the restraint. In addition, S5.3.1 of the standard states: "Except for components designed to attach to a child restraint anchorage system, each add-on child restraint system shall not have any means designed for attaching the system to a vehicle seat cushion or vehicle seat back...." While you did not describe your system in detail, you stated that the "straps on the vest wrap the seat back and are independent of the seat belt." Since your restraint is designed to attach to a vehicle seat back (by means of the strap which wraps around the vehicle seat back), the restraint would not meet S5.3.1. NHTSA adopted the prohibition against attaching child restraints to vehicle seat backs because the agency was concerned that a vehicle seat back would not be able to withstand the additional load on it from an attached child seat in a crash. It appears that your vest design would add a load on the vehicle seat back in a crash, and is therefore the type of design that is intended to be prohibited by S5.3.1 of the standard.

    Every child restraint system for use in motor vehicles sold in or imported into the United States must be certified as complying with Standard No. 213. For purposes of enforcement, this agency purchases and tests the child restraints according to the procedures specified in the standard. If the restraints fail any of the required tests and are determined not to comply with Standard No. 213, the manufacturers of the child restraints are subject to the recall responsibilities of our statute. Manufacturers must also ensure that their products are free of safety-related defects. Our statute 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 must notify purchasers and provide a cost-free remedy.

    You asked for a list of laboratories that test child restraint systems. NHTSA does not endorse particular test laboratories. However, I can provide you with a list of laboratories we are aware of that conduct child restraint compliance tests (see enclosed). There may be other laboratories that can test child restraint systems.

    I have enclosed an information sheet that briefly describes the responsibilities of manufacturers of motor vehicles and motor vehicle equipment. In addition, please note that we frequently amend Standard No. 213 to keep the standard as up-to-date as possible. Manufacturers are responsible for keeping current on the requirements of the standard.

    I hope this is helpful. If you have any further questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel
    Enclosures

    ref:213
    d.8/31/01