Interpretation ID: used_carseats

Ms. Shauna Sloan
Kid to Kid Franchise System
452 East 500 South
Salt Lake City, UT 84111

Dear Ms. Sloan:

This responds to your letter asking whether there are Federal regulations applying to "the resale of used car seats or child restraint systems". Our use of the term "child restraint system" includes "car seats" and other types of child restraints.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. Federal Motor Vehicle Safety Standard (FMVSS) No. 213, "Child restraint systems," applies to new child restraint systems. The requirement under Federal law to manufacture and sell products that meet all applicable FMVSSs does not apply to the sale of a vehicle or item of equipment after the first purchase of the item in good faith other than for resale ("first retail sale").

Thus, the answer to your question is no, Federal law does not apply to the resale of used child restraint systems. However, while the FMVSSs apply to new motor vehicles and items of motor vehicle equipment, several of our programs affect used vehicles or equipment.

The "make inoperative" provision of our statute (49 U.S.C. 30101 et seq. ) states: "A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard." 49 U.S.C. 30122(b). This provision applies to new and used motor vehicles and motor vehicle equipment. Thus, manufacturers, distributor, dealers, or motor vehicle repair businesses are not permitted to make inoperative a device or design installed on or in a new or used child restraint in compliance with FMVSS No. 213.

Also, under our statute, manufacturers of motor vehicle equipment (including child restraint systems) must ensure that their products are free of safety-related defects. NHTSAs investigations of safety-related defects often originate from reports of problems from owners of motor vehicles and motor vehicle equipment.

Finally, under 49 U.S.C. 30112, a person may not import into the United States, "any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard[. ]" This compliance requirement includes child restraint systems, which are subject to the provisions of FMVSS No. 213.

You asked if states regulate the resale of used child restraint systems. States could regulate the sale and use of used child restraints. Unfortunately, we are unable to provide information of any such regulation state-by-state, as you requested.

For your information, I have enclosed an information sheet that briefly describes responsibilities of new manufacturers of motor vehicles and motor vehicle equipment. I have also enclosed information on NHTSAs policy regarding the re-use of child restraints after minor crashes. If you have further questions, please feel free to call Deirdre Fujita of my staff at 202-366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

Enclosures
ref:213
d.10/28/05