Interpretation ID: 86-4.29

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: K.A. Ziomek -- Sales Representative, TRW Vehicle Safety Systems Division

TITLE: FMVSS INTERPRETATION

ATTACHMT: 7/27/89 letter from Stephen P. Wood to Robert V. Potter (Std. 213). 3/17/89 letter from Robert V. Potter to NHTSA

TEXT:

Ms. K.A. Zionek Sales Representative TRW Vehicle Safety Systems Division 61166 Van Dyke Washington, MI 48094

Dear Ms. Ziomek:

This responds to your letter seeking an interpretation of Standard No. 213, Child Restraint Systems (49 CFR 5571.213). Specifically, you asked about the effects of an amendment that becomes effective August 12, 1986. I will address your questions in the order they were presented in your letter.

First, you stated that your company is the manufacturer of a child restraint called the "Child Love Seat." A final rule published February 13, 1986 (51 FR 5335) amends Standard No. 213 to require all child seats equipped with a tether strap to pass the 30 mph test without attaching the tether strap. This requirement becomes effective August 12, 1986. Your letter states that you will stop manufacturing the Child Love Seat on August 12 as a result of this amendment. You asked whether your distributors could continue to sell Child Love Seats after August 12, 1986. The answer is yes.

In the preamble to the February 13, 1986 final rule, NHTSA stated the following:

The new requirement would apply only to child seats manufactured after the effective date of this rule. Child seat; manufactured before the effective date of this rule may be sold even if their tether strap must be attached to pass the 30 mph test. Hence, the agency does not see any reason for child seat dealers to be confused by this rule (51 FR 5337).

In accordance with this language, your dealers and distributors may continue to sell Child Love Seats manufactured before August 12, 1986, until the inventories are depleted, even if these sales occur on or after August 12, 1986.

Your second question was which party would bear the liability for such sales. Since there is no violation of our requirements for selling Child Love Seats manufactured before August 12, 1986, as explained above there is no liability to be borne by any party, unless, of course, the seats do not comply with the pre-August 12 version of the standard.

Your third question was how long TRW must continue to have replacement parts available for the Child Love Seat. There is no requirement in Standard No. 213 or any of our other regulations that child restraint manufacturers make replacement parts available for any child restraint. Since, your company was never required to make replacement parts available, it is free to stop offering replacement parts for Child Love Seats whenever you choose.

You should, however, be aware of your statutory responsibility to remedy any safety-related defects or noncompliances with the requirements of Standard No. 213. If either your company or this agency determines that the Child Love Seat contains a safety-related defect or fails to comply with Standard No. 213, section 154 (a)(1) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414 (a)(l)) requires you to remedy the defect or noncompliance without charge to the purchaser. Section 154 (a)(2)(B) specifies that such remedy shall consist of either:

(1) Repairing the Child Love Seats so that they no longer have the defect or failure to comply; or

(2) Replacing the Child Love Seats with an identical or reasonably equivalent child restraint that does not have such defect or failure to comply.

Section 154 (a)(4) limits your obligation to remedy without charge to those Child Love Seats purchased by the first purchaser not more than 8 years before the determination is safe that those products contain a safety-related defect or failure to comply with Standard No. 213.

If a determination of a safety-related defect or noncompliance were made with respect to the Child Love Seats, your company's ability to exercise its statutory right to repair, rather than replace, such seats would be affected by the availability of replacement parts with which to make such repairs. You may wish to consider this when deciding how long your company will continue to have replacement parts available for Child Love Seats.

Sincerely,

Erika Z. Jones Chief Counsel

June 2, 1985

Legal Office Office of Vehicle Safety Standards NHSTA 400 Seventh Street, SW Washington D.C. 20590

Dear Sirs:

TRW Vehicle Safety Systems Division is the manufacturer of the Child Love Seat and per your recent ruling we will discontinue the manufacturing of this seat on August 12, 1986.

TRW distributes the Child Love Seat through Century Products in the D.S. and Alkot Industries is Canada. We also distribute the Child Love Seat through GM, Honda, Accura, Ford of Canada, AMC and Chrysler.

TRW is concerned that after August 12, 1986 are our distributors able to sell this product? (delete their inventory) Where is the liability placed? How long must TRW continue to have replacement parts?

Any assistance in answering or other pertinent information relating to the above questions are appreciated and I look forward to your earliest response.

Thanking you in advance.

Sincerely,

R. A. Ziomek Sales Representative

KAZ/lw