Interpretation ID: aiam4690
NY 10538;
"Dear Ms. Regan: This responds to your letter seeking an interpretatio of how our laws and regulations would apply to a product you have invented. Your product is designed to alter the alignment of the webbing of a lap/shoulder safety belt to improve the fit of the safety belt on children weighing between 40 and 85 pounds. According to your letter, the product is designed to be firmly attached to the webbing of both the lap belt portion and the shoulder belt portion of the safety belt. When the product is attached, it pulls down the shoulder belt portion of the safety belt so that it will pass across the child's chest and shoulder, instead of the neck. You asked whether this product would be considered a safety belt or a child restraint system for the purposes of our safety standards. The answer is that your product would not be considered to be either for the purposes of our standards, as explained below. Section S3 of Standard No. 209, Seat Belt Assemblies (49 CFR 571.209) defines a '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.' (Emphasis added). Your device is not itself designed to secure a child in a motor vehicle. Instead, your device is designed to alter the alignment of the existing safety belt in the vehicle, so that the existing safety belt system in the vehicle can be adjusted to better fit a child occupant. Therefore, your device would not be a 'seat belt assembly' within the meaning of Standard No. 209. Section S4 of Standard No. 213 (49 CFR 571.213) defines a 'child restraint system' 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.' (Emphasis added). As explained above, your device is not a Type I or Type II seat belt. Additionally, for the reasons explained above, your device is not itself designed to restrain, seat, or position children. The restraining of the child would be accomplished entirely by the safety belt system already installed in the vehicle. Your device would simply alter the alignment of that safety belt system for the child. Therefore, your device would not be a 'child restraint system' within the meaning of Standard No. 213. You also asked for information regarding your responsibilities as the manufacturer and seller of this product. I have enclosed an information sheet we have prepared for new manufacturers of motor vehicle equipment. I have also enclosed copies of a February 11, 1988 letter to Mr. Roderick A. Boutin and a November 22, 1988 letter to Ms. Claire Haven. These two letters describe how products intended to enhance the comfort of safety belt wearers could be affected by our laws and regulations. The information sheet explains how to obtain copies of our laws and regulations. I hope this information is helpful. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures";