Interpretation ID: 3039yy
President
Classic Interiors
30244-2 County Road 12 West
Elkhart, IN 46514
Dear Mr. Harmon:
This responds to your letter asking whether Standard No. 213, Child Restraint Systems, permits the installation of a built-in child restraint system (i.e., a child restraint system that is an integral part of the vehicle) in a multipurpose passenger vehicle (MPV), and if so, what requirements apply.
As discussed below, a child restraint system built into an MPV would fall within the definition of "child restraint system" in Standard No. 213 and would therefore have to comply with all the provisions of the standard that are generally applicable to child restraint systems. Since such a restraint would not be portable, it would not have to meet any requirement that is, by its own terms, or those of the compliance test procedure for that requirement, specifically applicable to "add-on child restraint systems" only. Since it would be built into an MPV instead of a passenger car, it would not have to meet any requirement that is, for the same reasons, specifically applicable to "built-in child restraint systems" only.
The following sections of Standard No. 213 contain requirements that would apply to a child restraint built into an MPV: S5.2.1 (head support surface), S5.2.2 (torso impact protection), S5.2.4 (protrusion limitation), S5.4 (belts, buckles and webbing), and S5.7 (flammability). The principle requirements of the standard that would not apply are those in S5.l.l relating to dynamic performance.
In view of the importance of the dynamic performance requirements for ensuring the safety of child restraint systems, we intend to begin rulemaking to apply those requirements to all built-in systems, not just to those installed in passenger cars. In the meantime, we suggest that manufacturers of such systems for MPVs carefully consider whether the systems provide protection comparable to that provided by built-in child restraint systems in passenger cars. You should also be aware that the National Traffic and Motor Vehicle Safety Act (l5 U.S.C. 1381-l431) imposes responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety-related defects. Manufacturers are responsible for ensuring that the vehicles and equipment they manufacture are free from safety-related defects and can perform their intended function safely. If the manufacturer or the agency determines that a safety-related defect (or noncompliance with an FMVSS) exists, the manufacturer is obligated under 151 et seq. of the Act to notify purchasers of its product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation.
Legal Analysis
Standard No. 2l3 applies to child restraint systems for use in motor vehicles and aircraft. See section S3. The term "child restraint system" is defined as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." See section S4. A child restraint system that is an integral part of an MPV would come within this definition.
Some of Standard No. 2l3's requirements apply generally to "child restraint systems," i.e., without regard to whether a child restraint system is built-in or add-on or whether, if it is built-in, it is installed in a car or other type of vehicle. Since a child restraint system which is an integral part of an MPV comes within the definition of "child restraint system," it is required to meet all such requirements unless excepted. The following sections of Standard 213 contain requirements which apply generally to "child restraint systems": S5.2.1 (head support surface), S5.2.2 (torso impact protection), S5.2.4 (protrusion limitation), S5.4 (belts, buckles and webbing), and S5.7 (flammability).
In a number of instances, however, particularly with respect to dynamic performance, Standard No. 2l3 either specifies separate requirements for "add-on child restraint systems" and "built-in child restraint systems," or provides a test procedure for these two types of child restraint systems only. The standard defines "add-on child restraint system" without respect to the type of vehicle to which it might be added, i.e., as "any portable child restraint system." The term "built-in child restraint system" is defined more restrictively, as "any child restraint system which is an integral part of a passenger car." (Emphasis added.) A child restraint system which is an integral part of an MPV does not come within either of these definitions, since such a restraint is neither portable nor a part of a passenger car. Therefore, Standard No. 2l3's requirements for "add-on child restraint systems" and "built-in child restraint systems," do not apply to a child restraint system which is an integral part of an MPV. Similarly, those requirements for which the standard specifies a test procedure for "add-on child restraint systems" and "built-in child restraint systems" only do not apply to a child restraint system which is an integral part of an MPV.
I hope this information is helpful. Please contact us if you have further questions.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:213 d:6/l2/9l