Interpretation ID: 24095_Sobler_vests_above_50lbs

Nathan Sobler, GM
NFC Industries, Inc.
Potters Lane North
Plumsteadville, PA 18949

Dear Mr. Sobler:

This responds to your letter asking two questions about the requirements of Federal Motor Vehicle Safety Standard No. 213, "Child Restraint Systems" (49 CFR 571.213), as applied to restraint vests used on school buses. I apologize for the delay in responding.

Question 1. It is our understanding that a requirement of Standard No. 213 is that the device not be designed to have any means of being attached to the seat back or cushion. Is it true, then, that any restraint system that attaches to the seat back or cushion of a school bus seat would automatically fail to comply with Standard No. 213?

We believe you are asking about statements made in an August 31, 2001, letter to Ms. Kathy Durkin about a passenger support vest manufactured for use on school buses (copy enclosed). In that letter, the agency discussed a requirement in Standard No. 213 (S5.3.1 of the standard) that had prohibited child restraints from having any means designed for attaching the system to a vehicle seat cushion or vehicle seat back (excluding components designed to attach to a child restraint anchorage system, 49 CFR 571.225). The National Highway Traffic Safety Administration (NHTSA) had adopted the prohibition against attaching child restraints to vehicle seat backs because the agency was concerned that a vehicle seat back might not be able to withstand the additional load on it from an attached child seat in a crash.

NHTSA has recently amended S5.3.1 of Standard No. 213 on an interim basis to exclude all vests manufactured for use on school bus seats from the prohibition (see enclosed Interim Final Rule, Request For Comments; October 22, 2002, 67 FR 64818). On February 1, 2003, the exclusion becomes limited to vests that bear a specific warning label informing users that the vest must be used only on school bus seats and that the seats directly behind the child wearing the seat-mounted vest must be either unoccupied or occupied by restrained passengers.The exclusion will terminate on December 1, 2003. After reviewing the public comments on the interim final rule, NHTSA will decide whether to issue a final rule excluding these vests from the prohibition on a permanent basis.

In the meantime, if you have a question about the attachment mechanism of a specific restraint, please feel free to ask for an interpretation of the requirement as applied to that specific design.

Question 2. A large number of the restraint vests used in the school transportation industry are used for children much heavier than fifty pounds. In many cases they are used on children with mental or physical conditions which require some form of physical restraint to protect themselves and others. [T]he restraint systems we manufacture are all labeled with advisories that they are not intended to be used as, or in place of, seat belts. If the restraint is designed and used for children weighing over fifty pounds, regardless of their weight, does Standard No. 213 apply? If not, is there any standard which would govern the use of restraint systems for children exceeding a weight of fifty pounds?

Paragraph 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." If the restraint were designed solely for children weighing more than 50 pounds, the restraint would be excluded from the standard. If the restraint were designated as suitable for children weighing less than 50 pounds in addition to over 50 pounds, the restraint would not be excluded from having to comply with Standard No. 213.

The agency has issued a notice of proposed rulemaking (NPRM) (copy enclosed) proposing, among other things, to amend the definition of a child restraint system to include devices designed for children who weigh not more than 65 pounds (67 FR 21805; May 1, 2002). If the proposal were adopted, restraint vests recommended for use by children up to 65 pounds would be subject to Standard No. 213.

With regard to the second part of this question, Standard No. 209, "Seat Belt Assemblies" (49 CFR 571.209), would apply to a restraint for children weighing over 50 pounds, if the restraint were intended to secure children for crash protection. The standard defines "seat belt assembly" as "any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt assembly in a motor vehicle." (S3) This standard would apply if the restraint were intended to mitigate the results of an accident. The standard would not apply to restraints recommended for children over 50 pounds that are clearly and permanently labeled with a warning that they are not intended to protect a child from the effects of a crash. [1]

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

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
ref:213
d.11/15/02