Interpretation ID: aiam4212
10288 9th Street Circle
#103
Miami
FL 33172;
Dear Mr. Vaidya: This responds to your April 30, 1986 letter concerning Safety Standar No. 213, *Child Restraint Systems*, and your planned built-in child seat. You asked for information concerning all safety standards that would be applicable to the seat and concerning a pending petition for amending Standard No. 213 to permit the installation of built-in child seats in new motor vehicles. I regret the delay in our response.; Standard No. 213 is the only standard which this agency has issue concerning child restraint systems. It was drafted at a time when add-on or portable systems were the only type of child restraint systems. Accordingly, the requirements of the standard are oriented toward that type of system. However, the agency has granted a petition to broaden the standard to permit the installation of built-in child restraint systems. We expect to issue a proposal regarding this matter later this year. Copies of the standard and the petition are enclosed.; As a new manufacturer of motor vehicle equipment, you should know tha a manufacturer has a variety of responsibilities in addition to certifying compliance with all applicable safety standards. Manufacturers have the responsibility to conduct notification and remedy campaigns for safety-related defects or noncompliances with standards in their products. If a child restraint system fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer may elect to either (1) repair the child restraint so that the defect or noncompliance is removed, or (2) replace the child restraint with an identical or reasonably equivalent restraint which does not have the defect or noncompliance. Whichever of these options is chosen, the child restraint manufacturer must bear the expense for the remedy.; Installation of your product in a used vehicle would also be affecte by the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Motor Vehicle Safety Act prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from 'rendering inoperative' in whole or in part, any device or element of design installed in a motor vehicle in compliance with an applicable safety standard. Such a rendering inoperative could occur, for example, if the installer of a built-in child safety seat removed the original vehicle seat, installed a replacement vehicle seat containing the built-in child safety seat, but did not ensure that the seat belt anchorages for adult seating positions in the replacement rear seat continued to meet the location and strength requirements of Standard No. 210, *Seat Belt Assembly Anchorages*. A rendering inoperative could also occur if the installer did not ensure that a replacement vehicle seat continued to meet the strength requirements of Standard No. 207, *Seating Systems*, to minimize the possibility of failure by forces acting on that seat as a result of vehicle impact.; Section 108(a)(2)(A) does not establish any limitations on a individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual vehicle owners can themselves install any product they want on their vehicles, regardless of whether that product would render inoperative the compliance of the vehicle's seats or seat belt assembly anchorages with the requirements of Standards Nos. 207 or 210. However, the agency encourages vehicle owners not to install products which could lessen the occupant protection afforded by the original seats or safety belt assembly anchorages and thus adversely affect safety.; For further information concerning these responsibilities, pleas consult the enclosed information sheet for new manufacturers.; Sincerely, Erika Z. Jones, Chief Counsel