Interpretation ID: 86-5.32

TYPE: INTERPRETATION-NHTSA

DATE: 10/16/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Terry Woodman -- Orthotist, Winkley Orthopedic Laboratory

TITLE: FMVSS INTERPRETATION

ATTACHMT: 9/6/88 letter from Erika Z. Jones to Robert Daugherty (Std. 213); 7/31/87 letter from Erika Z. Jones to Richard J. Maher; 2/5/88 letter from Robert Daugherty to Erika Z. Jones

TEXT:

Mr. Terry Woodman Orthotist Winkley Orthopedic Laboratory 740 Douglas Drive North Golden Valley, MN 55422

Dear Mr. Woodman:

This responds to your recent letter to Mr. Steve Oesch of my staff, asking for an interpretation of Standard No. 213, Child Restraint System (49 CFR S571.213). Specifically, you asked whether car seats designed for use by severely physically handicapped children are required to comply with the requirements of Standard No. 213. The answer to your question is yes.

Section S4 of Standard No. 213 defines a child restraint system as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh ?? pounds or less." No exception is made for restraints designed for use physically handicapped children who weigh 50 pound; or less. Further, section S6.1.2.1.1 of Standard No. 213 includes the following language. "A child harness, booster seat with a top anchorage strap, or a restraint designed for use by physically handicapped children shall be installed the center seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant S5.6." This language makes clear that restraints designed for use by physically handicapped children are subject to the requirements of Standard No. 213.

We discussed this issue in some detail in a February 13, 1986, final to amending Standard No. 213 (51 FR 5335; copy enclosed). NHTSA had published a proposal that would have required all all child restraints except child harnesses to pass the 30 mile per hour (mph) frontal crash test of Standard No. 213 without attaching any tether strap. However, a number of commenters urged the agency to also exempt child restraints design for handicapped children from the proposed requirement to pass the 30 test without attaching any tether strap. These comments are discussed in 51 FR 5338. The National Highway Traffic Safety Administration (NHTSA) amended the final rule to provide that child restraints for use by physically handicapped children could attach tether straps during the mph test. As noted in the preamble to that final rule, "there is no alternative at present to the use of tether straps to provide the necessary upper torso support for physically handicapped children. Hence, any requirement to eliminate the use of tether straps on restraints for physically handicapped children would lessen the protection available for those children."

NHTSA knows of at least one manufacturer of child restraints for use by physically handicapped children that has incorporated a tether strap and certified that these restraints comply with all requirements of Standard No. 213. Since it is possible to offer these children the safe level of crash protection afforded to all other children, NHTSA believes there is no reason to permit physically handicapped children to be offered a lesser degree of safety protection in the event of a clash.

If you have any further questions or need more information on this topic, please contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

September 4, 1986

Office, Chief Council National Highway Traffic Safety Administration 400 7th Street S.W. Washington, D.C. 20590

Att: Steve Oesch NOA--32

Dear Mr. Oesch:

I have been told that I should contact your office regarding a ruling about wheel chair seating systems being used in cars as carseats for infants.

I have enclosed a picture of the system seat belted in the car and also a picture of it in a stroller. The system is designed to be used in a wheel chair or stroller on an independent base. As you can tell, this system is used with very handicapped children who need positioning support whenever sitting.

My question is this: Does adaptive equipment such as this system need to meet federal regulations regarding child seating systems for automobiles?

Could you please inform me of this. It would be greatly appreciated.

Sincerely,

Terry Woodman Orthotist Winkley Orthopedic Laboratories