Interpretation ID: nht94-3.13

TYPE: INTERPRETATION-NHTSA

DATE: May 31, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Allan Garman -- M.F. Bank & Co., Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/94 From Allan Garman To Walt Myers

TEXT: Dear Mr. Garman:

This responds to your letter and telephone call asking several questions about the responsibilities of various parties after child restraint systems have been involved in a collision and fire during transit from the manufacturer (Gerry Products) to a ret ail outlet (Toys R Us). I apologize for the delay in responding.

You indicate in your letter that the child restraint manufacturer, Gerry Baby Products, has determined that the DOT certification on the child restraints is no longer valid because the restraints were subjected to potential stress by the impact of the tr uck accident. We understand from your letter that M.F. Bank is storing the child restraint systems damaged in transit, and is prepared to liquidate the stock if directed to do so by the insurer of the transit company. However, the insurer has asked that M.F. Bank ask this agency whether the child restraint systems involved in the loss can be sold as salvage to the public. You state your belief that the systems are salvagable because they did not experience structural damage in the incident.

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. sections 1381 et seq.) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new m otor vehicles and new items of motor vehicle equipment. Under that authority, NHTSA issued FMVSS No. 213, "Child Restraint Systems" (49 CFR @ 571.213) to reduce the number of children killed or injured in motor vehicle crashes and in aircraft. Section 108(a)(1)(A) of the Safety Act prohibits any person from manufacturing for sale or selling any new item of equipment that does not conform to all applicable FMVSSs or is not covered by a certification of compliance with the applicable FMVSSs. Thus, each new child restraint system must comply with FMVSS No. 213 and must be certified as complying with that standard when it is sold.

2

You first ask whether Federal law would prohibit the sale of the child restraint systems as salvage. The answer is yes, since according to your letter and telephone call, Gerry has indicated that its certification is no longer valid, and has thereby wit hdrawn the certification. If the child seats are not certified, selling them would violate @ 108(a)(1)(A). Section 109 of the Act provides any violation of Section 108 is punishable by civil penalties of up to $ 1,000 per violation, up to a maximum of $ 800,000 for a series of related violations.

You ask in your telephone call whether Federal law prohibits Gerry from concluding that the certification remains valid. If your question is whether the Safety Act or our regulations require Gerry to withdraw the certification simply because the seats w ere involved in an incident, the answer is no. However, @ 108(a)(1)(C) of the Safety Act prohibits any person from certifying that a child restraint system complies with Standard 213 if that person, in the exercise of due care, has reason to know that th e certificate is false or misleading in a material respect. Gerry is therefore required by the Safety Act to withdraw the certification of the unsold seats if it believes the certification is invalid. If a manufacturer determines, for any reason, that the unsold seats do not comply, NHTSA will not second guess the decision to withdraw the certification.

Finally, you ask if it would be possible for NHTSA to send someone to your warehouse to inspect the child restraint systems to determine whether the systems comply with FMVSS No. 213. The answer is no; NHTSA does not inspect products for compliance outs ide the context of its enforcement activities. The Safety Act establishes a self-certification system under which child restraint manufacturers are responsible for ensuring that their products comply with FMVSS No. 213. NHTSA does not approve, endorse, or give assurances of compliance of any product.

I hope this information answers your questions. If you need further information, please feel free to contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,