Interpretation ID: aiam3739
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 t 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 751.213). 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 'an 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 device 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 i set forth in 15 U.S.C. 1397(a)(2)(A), which states 'No manufacturer, distributor, dealer or 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 of 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 thi 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 Vehicle 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 potentia 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 no hesitate to contact me.; Sincerely, Frank Berndt, Chief Counsel