ID: 86-2.48

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Doug Cole

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Doug Cole Director of Public Relations and Membership National Van Conversion Association, Inc. 2 West Main Street, Suite 2 Greenfield, IN 46140

Dear Mr. Cole:

Thank you for your letter of December 2, 1985 to Stephen Oesch of my staff concerning how our regulations would affect the placement of a national Van Conversion Association (NVCA) certification decal on vehicle windows by a van conversion company. The material enclosed with your letter explains that the NVCA certification program is a voluntary effort by the van conversion industry to set minimum safety and quality standards for its products. You explained that the decal, which has a diameter of 2 1/2 inches, would be placed on the lower corner of the passenger's side of the windshield by a manufacturer whose products conform to the NVCA program.

Placement of the decals on a vehicle's windshield would be affected by Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes the windshield in motor vehicles).

Part 567, Certification, of our regulations requires each vehicle manufacturer to place a plate within the vehicle certifying that the vehicle conforms to all applicable Federal motor vehicle safety standards. A person, such as a van converter, who makes significant modifications to a vehicle prior to its first sale to a consumer is considered a vehicle alterer under our regulations. Under Part 567.7, an alterer must also add a plate to the vehicle certifying that the vehicle, as altered, still continues to conform to all applicable Federal motor vehicle safety standards. Thus, no manufacturer or alterer is permitted to install solar films and other sun screening devices or other opaque materials in new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.

After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108 (a) (2) (A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device or other opaque material for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of section 108 (a) (2) (A) can result in Federal civil penalties of up to $1,000 for each violation.

We have not previously ruled on whether these prohibitions apply to the installation of State vehicle inspection and private industry regulatory decals by commercial businesses. In general, these decals are small in size and placed in locations which minimize the obstruction, if any, to the driver's vision. In contrast, tinting films and other sun screening devices are generally applied to the entire window and thus can substantially obscure the driver's vision if they do not meet the light transmittance and other performance requirements of the standard. As with State regulatory decals, your proposed decal is small in size and would be placed in the lower right corner of the vehicle windshield, an area which should minimize any possible obstructing of the driver's vision. Given these considerations, we would consider the placement of the NVCA decal in the lower right hand corner of the windshield to be merely a technical violation of Standard No. 205, and would exercise our prosecutorial discretion and not bring an enforcement action.

I hope this information is of assistance to you. If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Council

December 2, 1985

Mr. Steve Oeshe NHTSA, Office of the Chief Council 400 7th Street South West Washington, D.C. 20590

Dear Steve:

Will you please provide me a written statement, from your department, that the placement of our Certification decals are not in violation of any Federal Safety Standards?

I have enclosed a rough drawing showing the placement of the decal, on the inside lower passenger side of the windshield. Also enclosed is our information packet about National Van Conversion Association's Van Conversion Manufacturer Certification program.

If you have any questions about the program, or if I can be of service, please call on me.

Sincerely,

Doug Cole Director of P.R. and Membership

DC/lp

Enclosure:

ID: nht90-1.12

TYPE: INTERPRETATION-NHTSA

DATE: 01/09/90

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

TO: LINDA B. KENT -- SENIOR MARKET DEVELOPMENT FASSON SPECIALTY DIVISION

TITLE: NONE

ATTACHMT: LETTER DATED 07/06/89 FROM LINDA B. KENT -- FASSON SPECIALTY DIVISION TO STEPHEN P. WOOD -- NHTSA; OCC 3724

TEXT: Dear Ms. Kent:

Thank you for your letter requesting an interpretation of whether the use of a product on motor vehicles would violate Standard No. 205, Glazing Materials (49 CFR @ 571.205). This product, called "Contra Vision," is designed to display messages or adver tising materials on windows and other clear surfaces, so that viewers on one side of the clear surface will see the message displayed, while viewers on the other side of the surface will see an essentially transparent surface without any message visible. According to your letter, this product "will be used for promotional signage in store windows, but also has application in rear taxicab windows, as well as rear and side windows of city buses." You asked for our opinion of whether this product complies with Standard No. 205.

Some background on how Federal motor vehicle safety laws and regulation affect this product may be helpful. Our agency is authorized under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles and n ew items of motor vehicle equipment. NHTSA, however, does not approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. Instead, the Safety Act specifies that each manufacturer itself must certify th at its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged defects related to motor vehicle safety and alleged violations of other statutory provisions.

Your letter indicates that you are already aware that NHTSA has issued a safety standard that applies to the windows installed in motor vehicles. Specifically, Standard No. 205 requires that all new vehicles and all new glazing materials for use in moto r vehicles must comply with certain performance requirements. Among the requirements set forth in Standard No. 205 are specifications for minimum levels of light transmittance. A

minimum of 70 percent light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars. In trucks and buses, the windshield and windows to the immediate right and left of the driver and t he rearmost window, if the latter is used for driving visibility, are considered to be requisite for driving visibility, and therefore subject to the 70 percent minimum light transmittance requirement.

Your letter did not provide any information on the light transmittance that would be measured through glazing with Contra Vision installed on it. The combination of the glazing material and the Contra Vision must allow at least 70 percent light transmit tance to comply with the requirements of Standard No. 205. No manufacturer or dealer is permitted to install Contra Vision on the glazing materials on new vehicles, unless the manufacturer or dealer certifies that the vehicle continues to comply with th e 70 percent minimum light transmittance and other requirements of Standard No. 205.

After a vehicle is first sold to a consumer, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397 (a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with any safety standard. This provision of the law means that no manufacturer, dealer, distributor, or repair business could install Contra Vision if the addition of Cont ra Vision to the glazing would result in a light transmittance of less than 70 percent, or otherwise cause the vehicle to no longer comply with the applicable requirements of Standard 205. Violations of this "render inoperative" prohibition can result i n Federal civil penalties to the manufacturer, dealer, distributor, or repair business of up to $ 1000 for each noncomplying installation.

Section 108(a)(2)(A) of the Safety Act does not affect vehicle owners. Hence, vehicle owners themselves may install Contra Vision or any other product on the glazing of their vehicle, regardless of whether the installation causes the vehicle to no longe r comply with Standard No. 205. Individual States have the authority to regulate the operational use of vehicles by their owners, and, therefore, have the authority to regulate or preclude individual owner modifications to the glazing of their vehicles.

I have enclosed an information sheet that summarizes the relationship between Federal auto safety laws and motor vehicles window tinting. I hope this information is helpful. If you have any further questions or need any additional information about thi s topic, please fee free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

ENCLOSURE

ID: nht90-1.30

TYPE: Interpretation-NHTSA

DATE: January 29, 1990

FROM: Cal Karl -- District 4700 - Commercial Vehicle Section, State of Minnesota, State Patrol Division

TO: Marvin Shaw -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1-18-90 from R. E. Meadows; Also attached to letter dated 1-8-90 from R. Marion to C. Karl; Also attached to memo dated 11-28-8? from C. Karl to All School Bus LCR II's; Also attached to letter dated 11-27-90 from P.J. Rice to C. Karl (A36; Std. 217); Also attached to letter dated 12-7-82 from F. Berndt to M.B. Mathieson

TEXT:

I am in charge of the school bus inspection program for the Minnesota State Patrol. In that capacity I am asking for your interpretation of 49 CFR 571.217 S5.2.3.2 regarding vandal locks.

I have become aware of vandal locks by some bus body manufacturers that I feel do not meet the requirements of 217. My interpretation is disputed by the manufacturers and therefore I ask for your interpretation.

We are finding many of the vandal locks that even though they are unlocked, and the bus can start and run, the lock may be relocked by a student while the bus is running. Granted, it would not kill the bus engine but would render the starting mechanism inoperable if the engine is shut off or would die. This situation appears loaded with potential danger if the driver finds himself in a precarious situation and kills the engine only to find it won't restart.

Some manufacturers combat that by incorporating an interlock that activates a buzzer in the driver compartment if the lock is locked. This warns the driver that lock has been locked but doesn't prevent him from getting into a predicament before he is ab le to cause the door to be unlocked.

While standard 217 prohibits a bus from starting if the vandal lock is locked, can the lock be relocked after the bus is running or should it be locked in the open position?

While standard 217 requires that a key or special information by the driver is required to unlock the device, may it then be relocked without the key or special information?

I have enclosed copies of Minnesota minimum standards and letters from Wayne Bus Co. and Thomas Built Bus Co.

I appreciate your consideration.

Attachment

Minnesota Minimum Standards for School Bus 3520.5010 Doors

The emergency door must be equipped with a slide-bar cam-operated lock. The slide bar must have a minimum stroke of one inch. The emergency door lock must be equipped with a suitable electric plunger type switch connected with a buzzer located in the dr iver's compartment. The switch must be enclosed in a metal case, and the wires leading from the switch must be concealed in the bus body. The switch must be installed so that the plunger contacts the farthest edge of the slide bar so that any movement of the slide bar immediately closes the circuit on the switch and sets off the buzzer.

The emergency door lock must be equipped with an interior handle that extends approximately to the center of the emergency door. The handle shall lift up to release the lock.

The service door and the emergency door (side or rear) may be equipped with vandal locks if the locks comply with Federal Motor Vehicle Safety Standard Number 217, Code of Federal Regulations, title 49, part 571.

MS s 169.45

13 SR 1860

3520.5020 (Repealed, 13 SR 1860)

3520.5100 (Repealed, 13 SR 1860)

3520.5110 (Repealed, 13 SR 1860)

3520.5111 FIRE EXTINGUISHER.

A minimum of one 2-1/2 pound dry chemical type fire extinguisher, with not less than a 10-B-C rating, is required. It must be approved by underwriters Laboratories, Inc. or an equivalent testing laboratory.

The extinguisher must be mounted in a bracket, located in the driver's compartment and readily accessible to the driver and passengers. A pressure indicator is required and must be easily read without removing the extinguisher from its mounted position.

MS s 169.45

13 SR 1860

3520.5120 FIRST AID KIT.

The bus must carry a removable Grade A metal, or other material of equal strength, dust-proof first aid kit, mounted in full view or in a labeled accessible place in the driver's compartment.

The first aid kit must have the following units and packages per unit:

ID: 0473

Mr. John Sheppard
Sales and Marketing Manager
Reflexite Canada, Inc.
6790 Kitimat Road, Unit 18
Mississauga
Ontario L5N 5L9
Canada

Dear Mr. Sheppard:

We have received your letter of November 2, 1994, asking whether certain conspicuity material could be used on trailers required to meet S5.7 of U.S. Federal Motor Vehicle Safety Standard No. 108. You have enclosed samples of the material.

The material alternates red and white stripes "oriented at a 45 degree angle to the edge of the roll." Rolls are either 6 or 8 inches in width and "will not have DOT-C2 marking." In addition, we note that the horizontal length of the red segments is 5 1/2 inches (and presume an equal length for the white segments). Specifically, you have asked whether this material could "be applied to the lower edge of the vehicle's rear doors as a compliant substitute for the 2" 'block pattern' material currently being used?"

Paragraph S5.7's specifications for conspicuity material are intended to ensure uniformity of treatment in order to enhance the ability of drivers of other vehicles to detect large objects in the roadway under conditions when headlamps are used. While S5.7 does not require that the red and white color segments be rectangular, it does establish requirements for their length and width. Under S5.7.1.3(b), each segment shall have a length of 300 mm +/- 150 mm. The color segment separation of 5 1/2 inches on your sample is approximately 140 mm, and thus below the minimum permitted by the standard. Although currently, under S5.7.1.3(d), three widths of retroreflective material are permissible: 50 mm (DOT-C2), 75 mm (DOT-C3), and 100 mm (DOT-C4) and your widths of 6 inches (150 mm) and 8 inches (200mm) do not conform to these specifications, the agency has proposed that these be minimum minimum widths for the DOT grades indicated. We expect a final rule to be issued on this proposal in the near future.

Because the retroreflective material discussed above would not comply with Standard No. 108's requirements for color segment length (and currently width), it could not be used as a substitute for the DOT-C2 material that you currently manufacture. Further, geometrically and photometrically complying material would require the appropriate DOT grade identification marking for use on a trailer required to comply with Standard No. 108.

Sincerely,

Philip R. Recht Chief Counsel ref:108 d:12/7/94

ID: 1982-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 03/30/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Norton Motors Limited

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 5, 1982, asking whether a proposed motorcycle taillamp assembly would comply with Motor Vehicle Safety Standard No. 108.

As you point out, the standard requires a minimum distance of 4 inches edge to edge between turn signal lamps and stop/tail lamps. Since you state that you cannot achieve this with your design, the lamp as currently designed would not be permitted by our standard. This will confirm the oral interpretation provided by Taylor Vinson of this office when you telephoned on March 22.

You will be interested to know that we are presently studying side and rear conspicuity of motorcycles. This research is being conducted by Ketron in Philadelphia. Pennsylvania, and the final report is expected in July 1982 should you wish to obtain a copy of it from us.

As you requested confidential treatment of your engineering drawing, we are returning it to you.

ENC.

CONFIDENTIAL DRAWING

NORTON MOTORS (1978) LIMITED

MARCH 5, 1982

Frank Berndt Legal Counsel National Highway Traffic Safety Administration Dept of Transportation

Dear Sir,

NORTON REAR LAMP UNITS 92-1068

1. We have designed a new rear lamp unit, and enclose a print of the drawing, which we would ask you to regard as confidential.

2. As you will see, the rear lamp unit comprises a very wide stop/ tail light assembly, with three separate lenses.

3. Your regulation (MVSS 108 issue 1, March 79) calls for minimum horizontal separation centre line to centre line, of 9 inches between turn signal lamps. Ours are 12.2 inches apart.

4. However, you also call for a minimum distance of 4 inches, edge to edge between turn signal lamps and stop/tail lamps. This we cannot achieve because of our very wide rear light.

5. We feel the wide rear light makes a positive contribution to road safety. We need your assistance to determine whether or not you consider this rear lamp unit satifies the spirit of your legislation, if not the letter.

We shall await your reply with great interest, and thank you for your assistance.

G.K. BLAIR SALES MANAGER

ID: nht90-3.92

TYPE: Interpretation-NHTSA

DATE: September 10, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: David G. Dick Acts Testing Labs, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 2-20-90 from D.G. Dick to NHTSA (OCC 4452)

TEXT:

This responds to your letter asking about the head impact protection requirements set forth in paragraph S5.2.3.2(a) of Standard 213, Child restraint systems. I regret the delay in responding.

Paragraph S5.2.3.2(a) states that certain energy absorbing material used to cover child seat surfaces must have a 25 percent compression-deflection resistance of not less than 0.5 and not more than 10 pounds per square inch (psi). You ask whether a valu e slightly less than 0.5 (such as the 0.47 psi example you provided) would be rounded to 0.5 psi. If rounding were permitted, you point out that the rounded value would meet the 0.5 psi requirement of S5.2.3.2(a).

The answer to your question is no, NHTSA would not round the value to 0.5 psi when testing the child seat. Rounding is generally not used in the safety standards. The standards expressly specify when rounding is appropriate. Standard 222, School bus p assenger seating and crash protection, specifies that the number of seating positions in a school bus bench seat (S4.1) is determined by rounding. In view of the express reference to rounding in some safety standards, and since S5.2.3.2(a) does not expr essly state rounding is appropriate, the value for the compression-deflection resistance would not be rounded.

You also ask whether there is any situation in which a value of less than 0.5 psi would be acceptable. The answer is "no." The minimum of 0.5 psi is required by S5.2.3.2(a) for restraints (other than a harness) recommended for children weighing less th an 20 pounds. Any value less than the minimum required value is a noncompliance.

Your last question asks about the reasons for the 0.5 psi minimum. In the agency's notice adopting the compression-deflection requirements, the agency indicated that those requirements would allow the use of a wide range of materials which should enable manufacturers to provide protective padding without cost increases. A copy of that notice is enclosed for your information.

I hope this information is helpful. Please contact us if you have further questions.

ID: nht94-4.99

TYPE: INTERPRETATION-NHTSA

DATE: December 7, 1994

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: John Sheppard -- Sales and Marketing Manager, Reflexite Canada, Inc.

TITLE: None

ATTACHMT: ATTACHED TO LETTER DATED 11/2/94 FROM JOHN SHEPPARD TO CHIEF COUNCIL, NHTSA (OCC 10473)

TEXT: We have received your letter of November 2, 1994, asking whether certain conspicuity material could be used on trailers required to meet S5.7 of U.S. Federal Motor Vehicle Safety Standard No. 108. You have enclosed samples of the material.

The material alternates red and white stripes "oriented at a 45 degree angle to the edge of the roll." Rolls are either 6 or 8 inches in width and "will not have DOT-C2 marking." In addition, we note that the horizontal length of the red segments is 5 1/ 2 inches (and presume an equal length for the white segments). Specifically, you have asked whether this material could "be applied to the lower edge of the vehicle's rear doors as a compliant substitute for the 2" 'block pattern' material currently bein g used?"

Paragraph S5.7's specifications for conspicuity material are intended to ensure uniformity of treatment in order to enhance the ability of drivers of other vehicles to detect large objects in the roadway under conditions when headlamps are used. While S 5.7 does not require that the red and white color segments be rectangular, it does establish requirements for their length and width. Under S5.7.1.3(b), each segment shall have a length of 300 mm +/- 150 mm. The color segment separation of 5 1/2 inches on your sample is approximately 140 mm, and thus below the minimum permitted by the standard. Although currently, under S5.7.1.3(d), three widths of retroreflective material are permissible: 50 mm (DOT-C2), 75 mm (DOT-C3), and 100 mm (DOT-C4) and your widths of 6 inches (150 mm) and 8 inches (200mm) do not conform to these specifications, the agency has proposed that these be minimum minimum widths for the DOT grades indicated. We expect a final rule to be issued on this proposal in the near future.

Because the retroreflective material discussed above would not comply with Standard No. 108's requirements for color segment length (and currently width), it could not be used as a substitute for the DOT-C2 material that you currently manufacture. Furth er, geometrically and photometrically complying material would require the appropriate DOT grade identification marking for use on a trailer required to comply with Standard No. 108.

ID: nht91-5.35

DATE: September 6, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jt Covelli -- President, Jt Covelli Marketing & Media

TITLE: None

ATTACHMT: Attached to letter undated from Jt Covelli to Taylor Vinson (OCC 6369)

TEXT:

This responds to your recent undated letter to Taylor Vinson of this Office with respect to whether Federal law allows the use of decals on center highmounted stop lamps. You report that Wisconsin has no law governing the use of a decal on the brake light.

THe subject is a complicated one under Federal law, but I shall try to explain it as simply as possible. There is no restriction under Federal law on the application of a decal to the center stop lamp, if the decal is placed there by the vehicle owner.

Center stop lamps were not required on passenger cars manufactured before September 1, 1985, and there are no Federal restrictions upon application of decals to lamps on pre-1986 model cars that may have been retrofitted with them. With respect to application of the decal on the center lamp of a passenger car manufactured on or after September 1, 1985, Federal law prohibits the application a decal by a manufacturer, distributor, dealer, or repair shop, either before or after its sale to the first owner, if the application of the decal creates a noncompliance with the Federal motor vehicle safety standard on lighting. Conversely, such application is permitted if the lamp remains in compliance with all applicable Federal requirements with the decal installed. For example, the Federal standard calls for a minimum "effective projected luminous area" of 4 1/2 square inches. Application of a decal to a lamp meeting the minimum area requirement would reduce the effective projected luminous area below 4 1/2 square inches, creating a noncompliance. On the other hand, if that area were large enough, and more than 4 1/2 square inches of it remained after the application of a decal, application of the decal would not create a noncompliance with the luminous area specification. The standard also calls for measurement of photometric performance at certain specified test points on the lamp. Obviously, the lamp must continue to provide the minimum photometric performance specified by the standard for those test points with the decal applied. Thus, whether application of a decal by a manufacturer, distributor, dealer, or repair shop creates a noncompliance is dependent upon the size of the lamp and the size, lettering, and transparency of the decal.

ID: nht95-2.86

TYPE: INTERPRETATION-NHTSA

DATE: May 18, 1995

FROM: Jim Burgess -- Engineering Manager, Independent Mobility Systems, Inc

TO: Walter Myers -- Chief Council, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 8/4/95 LETTER FROM JOHN WOMACK TO JIM BURGESS (A43; REDBOOK 2; STD. 206)

TEXT: Dear Mr. Meyers:

Per our conversation earlier today, I am writing to learn your interpretation of 49CFR, 571.206, S4, as it pertains to our vehicles.

As we discussed, for eight (8) years, Independent Mobility Systems, Inc., has been converting Chrysler minivans, and recently Ford minivans, into wheelchair accessible vehicles by lowering the floor and adding a wheelchair ramp in the passenger side rear sliding door area. We have crash tested these converted vehicles at OTRC in Ohio for FMVSS 571.208 Frontal Impact, and for FMVSS 571.301 Rear Impact and Side Impact, to gain certification.

In regard to 49CFR, 571.206, S4, our interpretation is that side doors on motor vehicles which are equipped with wheelchair lifts, and linked to an alarm system consisting of either a flashing visible signal located in the driver's compartment or an alar m audible to the driver which is activated when the door is open, need not conform to this standard, pertains to our converted vehicles. We believe the wheelchair ramp we employ serves the same function as a wheelchair lift, in that it provides those per sons in wheelchairs or access to the vehicle, and thus we do not have to conform to this standard.

Because we have had inquiries from customers on this issue, your written interpretation to our inquiry will be appreciated.

ENCLOSURE

June 16, 1995

Dear Mr. Meyers:

As per our telephone conversation this morning, I am sending the enclosed brochures on our current offerings. As I stated, we are working on converting the new 1996 Chrysler NS minivans. We are scheduled for crash testing this vehicle the latter part o f July and offer it for sale in mid-August.

If you have any further questions before ruling on our request of May 18, 1995, regarding interpretation of 49 CFR, 571.206, S4, please call me.

Sincerely,

INDEPENDENT MOBILITY SYSTEMS, INC.

Jim Burgess Engineer

Enclosure: RAMPVAN BROCHURE/PHOTOS OMITTED

ID: nht71-2.35

DATE: 04/30/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Hamill Manufacturing Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 16, 1971, in which you ask certain questions concerning a child booster seat that you plan to market. You describe the booster seat as a rectangle about 6 inches in height, tapering to 4 inches in the front, and state that it would be advertised for use by children under 50 pounds and would not be designed to fall into the category of child seating systems under Standard No. 213. You also state that your engineers feel a booster chair will "definitely help more five, six and seven year old children to use seat belts simply because these children will be able to see out of a vehicle."

While you state that the booster seat "would not be designed to fall into the category of child seating systems under Standard No. 213," it is not clear from your description of the device that this is actually the case. If you wish an opinion on this matter, we will provide one, but to do so we will need some additional information. Specifically, we will need to know if the booster seat is to be designed or advertised for use with the vehicle seat belts, and if so, how it will be so designed or advertised.

The questions you ask concerning the booster seat are: (1) Can we set a minimum of 50 or 60 pounds? (2) Exactly what is the maximum child weight covered under MVSS #213? and (3) What recommended weight can we advertise as a minimum for our booster seat?

The answers to these questions do not depend on whether the standard applies to your booster seat. If the device is a child seating system, Standard No. 213 does not specify the minimum or maximum heights or weights for children who may use it. Under the standard, it is up to the manufacturer to determine, based upon the design of each particular child seating system, the heights and weights of children for which he recommends the child seating system.

If the device is not a child seating system, the manufacturer is not required to recommend any heights or weights for children who can use it. Should he choose to do so, however, the heights and weights recommended must be consistent with the safe use of the device.