Interpretation ID: nht79-3.45

DATE: 08/21/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Pacific & Atlantic Marketing Services

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 21, 1979, request for information on how to obtain the National Highway Traffic Safety Administration's (NHTSA) approval for a child seating device, the G.T.A. Booster Cushion, you wish to market in the United States.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381, et seq.), a copy of which is enclosed, does not authorize NHTSA to approve products. Section 114 of the Act requires "self-certification" by manufacturers that their products comply with applicable standards.

According to your letter, the product you wish to market is "designed primarily to raise children to see out the windows of an automobile" and is meant for children in the 5-10 year old age group. You also state that the device can be used with a lap or lap-shoulder seat belt or a child harness to restrain a child.

Federal Motor Vehicle Safety Standard No. 213, Child Seating Systems, establishes performance requirements for items of equipment used to seat a child being transported in a motor vehicle. Although the G.T.A. Booster Cushion does not have an integral restraint system, it could be covered by Standard No. 213 if it is designed to seat a child.

Standard No. 213 does not currently specify the size or age range of children to which the standard is applicable, while NHTSA's proposed Standard No. 213-80, a copy of which is enclosed, does specify a size range. In previously interpreting Standard No. 213, however, the agency has stated that the standard is intended to apply only to child restraints or seats for children weighing 50 pounds or under.

If the G.T.A. Booster Cushion will only be used by children larger than those intended to be covered by Standard No. 213, the G.T.A. Booster Cushion would not be required to meet the performance requirements of the standard. We note that the advertisement accompanying your letter makes no mention of any size or age limitations for children using the seat. Further, the agency is concerned that even if the seat and advertisement clearly indicated such limitations, the G.T.A. Booster Cushion will be bought for and used by children smaller and younger than those limits. Regardless of whether it is covered by the standard or not, the G.T.A. Booster Cushion is considered an item of motor vehicle equipment. Therefore, 1420) would apply to any safety-related defect in the G.T.A. Booster Cushion.

The agency is interested in learning of any test data that you have concerning the protection provided by use of the G.T.A. Booster Cushion. In particular, the agency is interested in learning of any tests comparing the protection provided by use of the G.T.A. Booster Cushion in conjunction with a lap or lap-shoulder seat belt, with the protection provided by use of only a lap or a lap-shoulder seat belt. Copies of that information should be sent to:

Mr. Ralph Hitchcock, Chief Crashworthiness Division Office of Vehicle Safety Standards National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

If you have any further questions, please let me know.

SINCERELY,

PACIFIC & ATLANTIC MARKETING SERVICES

JUNE 21, 1979

Associate Administrator for Rule Making, National Highway Traffic Safety Administration,

Dear Sir,

I would appreciate you delineating the correct procedure I should follow to gain your Department's investigation and approval to market a new concept in Automobile Child Seating, for the 5-10 year old age group.

The G.T.A. Booster Cushion has performed excellently in both dynamic tests and real-life situations in Australia for the past 18 months, (see attached leaflet herewith, and product samples with Mr. V. G. Radovich), was designed primarily to raise children to see out the windows of an automobile, thus alleviating child stress and enabling everyone in the automobile to have a safer, comfortable and more enjoyable trip. The G.T.A. Booster Cushion can be used with the adult lap, lap sash seat belts or child harness restraints. The Booster Cushion raises the child virtually into the adult height position, where the design ensures the correct location of the adult seat belt restraint across the child's lap or in the case of lap sash, across the child's neck, chest and lap, therefore alleviating the danger of the buckle harming the child in those areas during a sudden impact or stop.

Additionally, the G.T.A. Booster Cushion has two notches, one located at either side where the back and base pieces are joined. These designed patented notches ensure that on a forward or rear impact, the lap section of the seat belt grips in these notches and stops any torpedoing action (as happens with regular household cushions) of either the child or the Booster Cushion.

The G.T.A. Booster Cushion is also extremely comfortable, lightweight and requires no installation. Sir, I would appreciate it if you would consider my request and advise direction at your earliest convenience.

Thank you.

Graham Budrodeen President

THE GTA BOOSTER CUSHION (Brochure omitted.)