United States Department of TransportationInterpretation ID: 2666y
Volvo Cars of North America
Rockleigh, NJ 07647
Dear Mr. Shapiro:
This responds to your letter about the built-in child seat Volvo has designed for the center rear seating position. The built-in seat uses the vehicle's lap-shoulder safety belt to restrain the child. I regret the delay in responding.
You indicated in a telephone conversation that Volvo is considering designing the seat solely for children who weigh more than 50 pounds. Such a seat is not subject to the requirements of Standard 213 because the seat is not a "child restraint" as that term is defined in the standard. Paragraph S4 of Standard 213 defines a child restraint system as "any device, except Type I or Type II seat belts, designed for use in a motor vehicle to restrain, seat, or position children who weigh not more than 50 pounds."
The agency would determine whether your built-in seat is designed solely for children weighing more than 50 pounds by considering available indications of the manufacturer's design intent, e.g., the physical suitability of the seat for use by children who weigh less than 50 pounds, and the manner in which the seat is labeled and marketed. The agency would look to see whether the seat is clearly and permanently labeled to show the size and age of children intended to be restrained by the system. We would also consider any indications in Volvo's marketing efforts and point of sale materials regarding the size and age of child that the seat is designed to restrain. Finally, we would consider any size and age information included in the vehicle's owner manual.
You also indicated Volvo may consider designating the seat as suitable for children weighing more than 40 pounds. If the seat were so designated, it would no longer be a seat designed solely for children weighing more than 50 pounds, and therefore be a child restraint system subject to Standard 213.
You ask whether, if Standard 213 applies to your seat, the standard permits such a seat. You state that the seat would meet the labeling and performance requirements of the standard. You believe that Standard 213 permits the seat because the final rule that amended 213 to set requirements directly applicable to built-in seats (53 FR 1783; January 22, 1988) said that paragraph S5.4.3.3 of the standard allows child restraint systems other than a 5-point harness system.
You are correct that the standard does not require the use of a harness in a child restraint system. Paragraph S5.4.3.3 provides, in part, that "each child restraint system . . . that has belts designed to restrain the child" must comply with the specific requirements of S5.4.3.3 (i.e., provide upper and lower torso restraint, and a crotch restraint (for seats for children weighing over 20 pounds), of a specific form). The definition of a "child restraint system" specifically excludes the vehicle's lap/shoulder belts from the coverage of the standard. Thus, under that definition and the language of S5.4.3.3, the specific requirements of S5.4.3.3 on harness systems applies only to seats that have belts, and not to a seat such as yours that uses the vehicle's belt system.
Please note that Standard 213 sets limits on knee excursion for built-in seats (S5.1.3.1(b)). Thus, although your seat is not required to have a crotch strap, the seat must be designed to prevent a child from sliding excessively forward and down, legs first ("submarining").
The agency would like to emphasize its concern that when a vehicle lap belt is used with a child restraint system to restrain a child, the lap belt should be positioned so that it does not apply impact loads to the abdomen of the child, the area most vulnerable to the forces imposed by the belt. Instead, the vehicle lap belt should be held in place by the child restraint so that it passes over the pelvis of a child, the area of the body best able to withstand the forces imposed by the vehicle belt. We cannot determine from your drawing whether the vehicle lap belt would be properly positioned and securely held by the restraint. The instructions for the proper use of the built-in seat that are required by S5.6.2 of the standard should inform users how to properly adjust the belt system, so to avoid submarining and imposing impact loads to the child's abdomen.
The agency is also concerned that the sitting height of some children who may occupy the seat might not be high enough for the shoulder belt to be properly positioned when attached. Instead, the belt might pass in front of the child's neck or face. For those cases, if no other option is available, NHTSA believes that the shoulder belt should be placed behind the child's back. We recommend that you include information in the printed instructions about such adjusting of the shoulder belt for small children. As a reminder, NHTSA will use these adjustment instructions per S6.1.2.3.1 to position the three year old dummy in the seat if the agency tests the seat in its compliance program.
Sincerely,
Paul Jackson Rice Chief Counsel /ref:213 d:9/l4/90