Interpretation ID: nht93-5.49

TYPE: Interpretation-NHTSA

DATE: August 5, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Kenneth N. Weinstein

TO: James G. O'Neill

TITLE: None

ATTACHMT: Attached to letter dated 6/4/93 from James G. O'Neill to D. Fujida (Fujita) (OCC 8758)

TEXT:

This responds to your letter asking about the Federal requirements that would apply to a plastic toy holder you wish to manufacture for child car seats. You indicate on a sketch provided with your letter that the toy holder would fit into a mounting bracket that is attached by screws to the car seat.

By way of background information, the National Traffic and Motor Vehicle Safety Act ("Safety Act," 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

Under the authority of the Safety Act, NHTSA issued Standard 213, Child Restraint Systems, which specifies requirements for new child seats used in motor vehicles and aircraft. A new child seat that is sold with your toy holder attached to must be certified by the seat manufacturer as meeting Standard 213. NHTSA would determine the compliance of the new child seat with Standard 213 by, among other things, testing it with a test dummy in a 30 mph dynamic test.

Based on the information in your letter, it appears that a new child seat with your toy holder might not meet Standard 213. S5.2.2.2 of the standard specifies, among other things, that each child seat must not have any fixed or movable surface (other than restraining devices) in front of the test dummy restrained in the child seat. This requirement is to prevent items that could injure a child in a crash from being installed where they could be impacted by a child. While your sketch is unclear, it appears that the toy holder could be located in front of the dummy. If so, the toy holder could be impacted by a child in a crash.

Also, a new child seat with the toy holder attached to it might not comply with S5.2.4 of Standard 213. S5.2.4 requires any rigid part of the child seat that can be contacted by the head or torso of the dummy in the dynamic test to have a height of not more than 3/8 inch above any adjacent surface, and have no exposed edge with a radius of less than 1/4 inch. A restrained dummy could impact a toy holder attached to the side of the child seat if the dummy twisted during the dynamic test.

If your product will be sold to consumers as an aftermarket item, Standard 213 does not apply to it, since the standard only applies to new child seats and not to accessory items. There is no Federal motor vehicle safety standard that applies to the toy holder.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicles and motor vehicle equipment are subject to the defect provisions of the Safety Act. In the event that you or NHTSA determines that your toy holder contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. If data indicated that a child seat accessory exposed occupants to an unreasonable risk of injury, such as a toy holder installed where it was impacted by children, the agency might conduct a defect investigation which could lead to a safety recall.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It appears unlikely that your product would be attached to a child seat by persons in the aforementioned categories. However, if such a person were to attach the toy holder, he or she could violate S108 (a)(2)(A) if the child seat's compliance with S5.2.2.2 and S5.2.4 were compromised. Section 109 of the Safety Act specifies a civil penalty of up to $1,000 for each violation of S108.

The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, child seat owners could attach the toy holder without having to meet Standard 213. We reiterate, however, that in the interest of safety, a plastic toy holder should not be installed where a child could impact it in a crash.

I hope this information is helpful. I have enclosed an information sheet that provides additional information for new manufacturers of motor vehicles and motor vehicle equipment. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.