Interpretation ID: nht89-2.45

TYPE: INTERPRETATION-NHTSA

DATE: 07/27/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: ROBERT V. POTTER -- SPALDING & EVENFLO COMPANIES, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 07/31/86 FROM ERIKA Z. JONES -- NHTSA TO K.A. ZIOMEK -- TRW; LETTER DATED 03/17/89 FROM ROBERT V. POTTER TO NHTSA; OCC ILLEGIBLE

TEXT: Dear Mr. Potter:

This responds to your March 17, 1989, letter asking whether the National Highway Traffic Safety Administration (NHTSA) requires child restraint manufacturers to make spare parts available for their products for a specified amount of time. I regret the d elay in responding.

NHTSA has addressed the availability issue you raise in a July 31, 1986, letter to Ms. Ziomek of Washington, Michigan, a copy of which is enclosed. As explained in that letter, NHTSA does not specifically require child restraint manufacturers to make re placement parts available for any child restraint. However, manufacturers must be prepared to meet their recall obligations under the National Traffic and Motor Vehicle Safety Act. That law requires that, in the event of a safety-related defect or non-c ompliance with a safety standard, manufacturers provide a remedy without charge to consumers for eight years after purchase.

With regard to your statement about an existing Federal regulation requiring automobile manufacturers to make replacement parts available for 10 years, NHTSA does not have such a requirement. However, automobile manufacturers have the same recall respon sibilities described above for safety-related defects and non-compliances. Further, we understand manufacturers commonly follow a voluntary practice of making replacement parts available for vehicle parts likely to become worn or damaged for a 10-year p eriod, which to the best of our knowledge has usually proven adequate to meet general consumer demand.

I hope this information is helpful.

ENCLOSURE

Sincerely,