Interpretation ID: 1985-03.47

TYPE: INTERPRETATION-NHTSA

DATE: 09/25/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Fernando Benabbi

TITLE: FMVSS INTERPRETATION

TEXT:

September 25, 1985 Mr. Fernando Benabbi Ditta Alice Via Trieste 1B Italy Dear Mr. Benabbi: Thank you for your letter of June 3, 1985, asking about compliance of the child seat, "Titti," manufactured by Bizzi in Milan, with Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems. You state in your letter that you plan to export these child seats to the United Stated. This agency administers the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. 1391, et seq. (the Act). Unlike the type-approved or homologation process used in Europe, we have a self-certification process in the United States. Under the Act, manufacturers are responsible for certifying that of motor vehicle equipment, such as child seats, which are made by them, comply with the requirements of any applicable safety standard. For this reason, the agency does not approve equipment items prior to their sale. Each child restraint system, such as the "Titti" child seat, must be labeled and certified according to the requirements of S5.5 of Standard No. 213. The label which you enclosed does not state, as required by S5.5, that "THIS CHILD RESTRAINT SYSTEM CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS." The label should be changed to meet the requirements of S5.5. If the manufacturer chooses, he may, but is not required to, certify that the child restraint also complies with the provisions of section S8 and state on the label: "THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT." In your letter and on the label you enclosed there is the following reference: "ATG CALSPAN No. 7174-1." This may refer to a contract between the manufacturer, Bizzi, and Calspan to test the child restraint for compliance with Standard No. 213. You can write to Calspan to inquire about any testing at the following address: Ms. Barbara Kelleher Arvin-Calspan, Inc. Advanced Technology Center 4455 Genesee Street Buffalo, New York 14225 Please note that Calspan's test may not cover requirements of Standard No. 213 regarding webbing abrasion, flammability, or hardware corrosion, for example. Testing by Calspan or any other testing laboratory does not relieve the manufacturer from its responsibility of certifying the equipment item. Under the Vehicle Safety Act and our regulations, manufacturers have the responsibility to conduct notification and remedy campaigns for safety related defects or noncompliances in their products (VSA 151-159). The Vehicle Safety Act defines a manufacturer as any person engaging in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale. In the event that neither the importer nor the actual manufacturer met an obligation imposed on a "manufacturer" by the Act or our regulations, the agency would consider taking enforcement action against both parties. Any such obligation, however, may be satisfied by either party. In addition, there are two other regulations which affect manufacturers. Those regulations require manufacturers to provide the agency with certain identifying information (49 CFR Part 566), and, in the case of foreign manufacturers, to designate an agent for the service of process (49 CFR Part 551). A copy of Standard No. 213, the Vehicle Safety Act, Part 566, Part 551, and an instruction sheet for new manufacturers is enclosed. I hope this information is helpful to you. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel Enclosures