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Interpretation ID: 24460_CE_White_built-in

    Mr. Scott Hiler
    The C.E. White Co.
    417 Kibler Street
    P.O. Box 308
    New Washington, OH 44854-0308


    Dear Mr. Hiler:

    This responds to your May 3, 2002, letter asking about Federal Motor Vehicle Safety Standard (FMVSS) No. 225, "Child Restraint Anchorage Systems" (49 CFR 571.225). We understand that your company manufactures seating systems for school buses and other vehicles. You ask whether the "C.E. White Co.s Child Restraint seat" can be "substituted for all required LATCH locations in a vehicle?" [1] Our answer is the seat can be substituted for one, but not all, LATCH systems.

    Background

    Standard No. 225 requires vehicles to be equipped with a specified number of "child restraint anchorage systems." "Child restraint anchorage system" is defined in S3 of the standard as:

      a vehicle system that is designed for attaching a child restraint system to a vehicle at a particular designated seating position, consisting of:

      (a) Two lower anchorages meeting the requirements of S9; and

      (b) A tether anchorage meeting the requirements of S6.

    Stated briefly, S4 of the standard requires vehicles to have a "child restraint anchorage system" at not fewer than two forward-facing rear designated seating positions. [2] S5(b) of the standard specifies that a vehicle may be equipped with a built-in child restraint system conforming to the requirements of Standard No. 213 (49 CFR 571.213), instead of one of the required child restraint anchorage systems. [3]

    Discussion

    You ask: "Since the C.E. White Co.s Child Restraint seat is considered a "Child Restraint Anchorage" as per S3, Definitions, could it be used as a substitution for all required LATCH locations in a vehicle?" Our answer is no. As stated above, the standard has a specific definition of a "child restraint anchorage system." While your child restraint seat may have certain features meeting the definition in S3 of a "child restraint anchorage," it does not possess the necessary features to meet the definition of a "child restraint anchorage system" under FMVSS No. 225. Since it is not a child restraint anchorage system, it cannot be substituted for all equired LATCH systems. Accordingly, a vehicle manufacturer must install the standards LATCH system on its vehicles. However, S5(b) of Standard No. 225 permits the manufacturer to substitute one of the required LATCH systems (or tether anchorages) with your built-in child restraint, provided that the seat meets the requirements of Standard No. 213.

    We believe that requiring one type of attachment system on vehicles better standardizes the anchorage system. Standardizing the system reduces the potential for confusion on the part of consumers who might look for or expect one type of anchorage system and find another. Standardizing the system increases the likelihood that consumers will be familiar with the anchorage system and correctly use it. Standardizing the system also maintains better control over the compatibility between child restraints and the vehicle anchorage system. For these reasons, the LATCH system is required to be installed on all vehicles.

    I hope this information is helpful. Please contact Deirdre Fujita of my staff at (202) 366-2992 if you have further questions.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:225
    d.8/22/02

    [1] "LATCH" stands for "Lower Anchors and Tethers for Children," a term that was developed by child restraint manufacturers and retailers to refer to the standardized child restraint anchorage system required by Standard No. 225. For convenience, this letter uses the term "LATCH system" in describing the Standard No. 225 anchorage system.

    [2] A tether anchorage is also required at a third forward-facing rear designated seating position, if the vehicle is equipped with at least three forward-facing rear designated seating positions. S5(a) excludes convertibles and school buses from the requirement to be equipped with tether anchorages.

    [3] A built-in system may also be substituted for the third tether anchorage that must be installed in vehicles equipped with at least three forward-facing rear designated seating positions (S5b).