Interpretation ID: nht87-3.4

TYPE: INTERPRETATION-NHTSA

DATE: 09/25/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Wally Lang

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Wally Lang Langco, In 1340 Walden Drive Elgin, IL 60120

Dear Mr. Lang:

I am pleased to respond to your request for a written statement of the legal requirements that would apply to a new product you plan to introduce. In telephone conversations with Steve Kratzke, of my staff, you described a new product that you would like to introduce. This product, which would be sold only as an item of aftermarket equipment, is a child safety seat belt buckle shield. This "buckle shield" is designed to prevent children from inadvertently or intentionally opening the buckle on a child r estraint system. The buckle shield would consist of a plastic strip that would completely cover the buckle on the child restraint. It would be clipped onto the child restraint belt on one side, and attached to the side of the buckle on the other side, so as to completely cover the buckle. To open the buckle, a person would have to firmly grasp the strip and pull it away from the child restraint system. The end of the strip clipped to the belt would pull off of the belt, thereby allowing the person to re lease the buckle.

Although we understand your concern that young children not be able to easily unbuckle a child safety seat, we have significant reservations about your product. I hope the following discussion explains those reservations and the effect of our regulations on your product.

Our agency has the authority to issue safety standards applicable to new motor vehicles and certain new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 213, Child Restraint Systems (49 CFR @571.213), which app lies to all new child restraint systems sold in this country. However, Standard No. 213 does not apply to aftermarket items for child restraint systems, such as your buckle shield. Hence, you are not required to certify that this product complies with th at Standard before selling the product.

Additionally, as Mr. Kratzke explained, you are not required to get "approval" from this agency before selling the buckle shield. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. In stead the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg.) establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically t ests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.

Although we do not have any standards that directly apply to your product, we do have several statutory provisions that could affect it. Manufacturers of motor vehicle equipment such as your buckle shield are subject to the requirements in sections 151-1 59 of the Vehicle Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of safety defects except in the context of a defect proceeding, and thus is unable to say whether your product might or might not contain such a defect. However, the agency is concerned that people be able to easily and quickly operate a child safety seat buckle in an emergency. As the agency said two years ago on the re lated topic of the force level necessary to operate buckles in child restraints:

The agency's safety concerns over child restraint buckle force release and size stem from the need for convenient buckling and unbuckling of a child and, in emergencies, to quickly remove the child from the restraint. This latter situation can occur in i nstances of post-crash fires, immersions, etc. A restraint that is difficult to disengage, due to the need for excessive buckle pressure or difficulty in operating the release mechanism because of a very small release button, can unnecessarily endanger t he child in the restraint and the adult attempting to release the child. (50 PR 33722, August 21, 1985)

Your product could significantly increase the difficulty of using the buckle release and thus hinder a person attempting to release the belt in an emergency.

In addition, use of your product could be affected by section 108(a) (2) (A) of the Vehicle Safety Act (15 U.S.C. 1397(a) (21 (A)). That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in an i tem of motor vehicle equipment, such as a child safety seat, in compliance with the federal motor vehicle safety standards. Standard No. 213 specifies the elements of design with which a child restraint system might not comply if your buckle shield Here installed. Section 55.4.3.5 of Standard No. 213 requires the pushbutton release for any buckle on a child restraint to have a minimum area for applying the release force. Since your device will completely cover the buckle when installed, the buckle shiel d would cause the child restraint to no longer comply with this requirement. Therefore, commercial establishments cannot legally install your device on customers' child safety seats. In addition, section @5.7 of Standard No. 213 requires that each materi al used in a child restraints system shall comply with the flammability resistance requirements of Standard No. 302, Flammability of Interior Materials (49 CER 5571.302). If your buckle shield does not comply with the requirements of Standard No. 302, co mmercial establishments cannot legally install your device. The prohibition of section 108(a) (2(A) does not apply to individual vehicle owners who may install or remove any items on child restraint systems regardless of the effect on compliance with Standard No. 213. However, our policy is to encourage child res traint owners not to tamper with their child restraints. Installation of your product by any person would be inconsistent with that policy.

If you have any further questions, please contact Mr. Kratzke at this address or by telephone at (202) 366-2992.

Sincerely, Erika Z. Jones Chief Counsel