Interpretation ID: 1983-2.50

TYPE: INTERPRETATION-NHTSA

DATE: 08/30/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Benchmark Research Inc. -- Gary Fulmer

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Gary Fulmer Benchmark Research, Inc. 9921 NE 135th Pl., #1 Kirkland, WA 98033

Dear Mr. Fulmer:

This responds to your letter asking whether an adapter you plan to manufacture for attachment to child restraint systems must be tested for compliance with Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR 571.213). The adapter you plan to manufacture snaps onto the bottom of the tube frame of child restraints, and unfolds legs and wheels to convert the car seat into a stroller. Your device does not need to comply with the requirements of Standard No. 213. However, you might wish to test it to ensure that it does not constitute a safety-related defect when attached to a child restraint and for purposes of product liability.

Section S4 of Standard No. 213 defines a child restraint system as "any device designed for use in a motor vehicle to restrain, seat, or position children who weigh not more than 50 pounds." The stroller adapter you plan to produce is not designed to perform any of these functions, and therefore is not a child restraint within the meaning of Standard No. 213. Because the devise is not a child restraint system, it need not comply with any of the requirements of Standard No. 213.

One requirement which might be applicable to the use of your device is set forth in 15 U.S.C. 1397(a)(2)(A), which states "No manufacturer, distributor, dealer, or other motor vehicle repair business shall knowingly render inoperative, in whole or in part, 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..." This could be important if the attachment of your stroller adapter to a child restraint system caused the child restraint system to no longer comply with the requirements of Standard No. 213. It appears from your letter, however, that the purchaser of your device would attach it to a child restraint, and not a manufacturer or dealer. The statutory prohibition is not violated when a purchaser attaches a device to an item or motor vehicle equipment. Hence, if my understanding is correct, this would not present any difficulties for your company.

There are two possible reasons which might lead you to try to test this adapter to learn if it affects the performance of child restraint systems to which it is attached. First, if the attachment of your adapter causes the child restraint to provide a lower level of safety, or if all or part of the adapter were to separate from the child restraint in a crash situation, the adapter might well be found to contain a defect which relates to motor vehicle safety. Sections 151-154 of the National Traffic and Motor Safety Act (15 U.S.C. 1411-1414) require that when an item of motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser.

Second, you may wish to consult an attorney for advice on potential product liability issues which would arise from attaching your adapter to certified child restraint systems. It is possible that some testing of your adapter attached to a child restraint system in a crash situation would be helpful in the event of a product liability suit.

Should you need any further information on this subject, please do not hesitate to contact me.

Sincerely,

Frank Berndt Chief Counsel

Benchmark Research Inc. Office of Chief Council 9921 N. E. 135th Pl. #1 Vehicle Safety Commission Kirkland, Wa. 98033 400 7th St. S.W. June 28, 1983 Wash., D.C. 20950

To whom it may concern:

A friend of mine, Bob Rodwell from the Small Business Development Center in Seattle called you Monday regarding testing of a product I have. You mentioned that it is not required of this product. Per your discussion with whom I need a written response from you for my records stating that testing of this devise is not necessary.

To refresh your memory and to give you a framework to state your opinion on the product, I am writing a summary of the product.

Briefly, it is a permanently attachable adapter that snaps to the bottom tube frame on all standard child safety car seats. This device houses a set of four folding legs with wheels that click into folded and unfolded position, using a modified version of a standard gurny, the attachment to the car seat frame is universal, being able to adapt to any size and shape.

In summary, this device allows one to simply unsnap the seat belt, leaving the child strapped in the car seat, pull the adapter frame handle, pulling the car seat out car, the legs then unfolding and locking by themselves as part of the gurny action. Now you simply rotate the car seat 90 degrees to lock, and roll the entire device away. I have a prospective buyer for this product and would appreciate hearing from you on this matter as soon as possible since it will help to expedite sale of the item. Thank you for your help.

Sincerely,

Sign off: 8:47 A.M. Eastern Time, FEBRUARY 7, 1996