Interpretation ID: nht90-4.2

TYPE: Interpretation-NHTSA

DATE: September 13, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jonathan P. Reynolds -- Esq., Cosco Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11-28-89 from J.P. Reynolds to S. Kratzke (OCC 4213); Also attached to Cosco child restraint labels and instruction sheets (graphics and text omitted)

TEXT:

You sent us a letter describing various aspects of the Cosco "Dream Ride" convertible infant restraint/car bed, including the labeling and printed instructions for the bed. You said in your letter that Cosco previously sent the labels and instructions t o NHTSA's enforcement office. I regret we have been unable to find them.

Your description of the instructions indicates that Cosco informs the user that the bed should be installed in the right-rear or the right-front seating position only. You state that Cosco believes the bed should not be installed in the center rear seat ing position, because a child lying in the bed in that seating position might strike the left-rear door or body panel in a side impact on the driver's side. Standard 213 requires the bed to meet the requirements of the standard when installed at the cen ter seating position of the seat assembly used for child seat testing (S6.1.2.1.1). If a manufacturer can meet the requirements with the seat in that position, the manufacturer may specify the types of seating positions in which the child restraint syst em can or cannot be used (S5.6.1.2) for adequate protection to the child. Thus, Cosco's limiting instruction is permitted.

Please note that Standard 213's requirements for installation instructions (S5.6.1) require the instructions to state also that, according to accident statistics, children are safer when restrained in the rear seating positions than in the front seating positions. (S5.6.1.1) The installation instructions you provide must include the statement required by S5.6.1.1.

You request our comments on your product's "compliance with FMVSS 213." NHTSA does not certify or approve in advance motor vehicles or motor vehicle equipment, and does not comment on a product's compliance with the FMVSS's outside the context of the age ncy's compliance testing. We therefore are unable to confirm whether your product complies with Standard 213.

I hope this information is helpful.