Interpretation ID: Mr_ Richard Hardesty
1000 West Main Street
P.O. Box 158
Sargent, Nebraska 68874
Dear Mr. Hardesty:
This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) expressing concern about the Sargent Volunteer Fire Departments transporting minor children in cargo areas in vehicles during what appears to be an annual Fire Prevention Week event. You enclose copies of newspaper photographs of preschool and elementary school students riding on a firetruck. The captions on the photographs indicate that the children were given rides on the vehicles as part of a Fire Prevention Week parade or other community outreach event.
You are concerned that the firetrucks are not equipped to provide occupant protection systems for children. You believe that Nebraska State law requires children to be in child safety seats that meet Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. You believe that if the law prohibits carrying the children as described above, then the practice should be discontinued, or the law changed to permit the practice.
I appreciate your interest in child passenger safety. However, we regret to inform you that your question cannot be answered by NHTSA. Your letter relates to Nebraska State law and so must be answered by Nebraska State officials.
By way of background, NHTSA administers Federal requirements for the manufacture and sale of new motor vehicles and items of new motor vehicle equipment. We are authorized under the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards to reduce highway crashes and deaths and injuries resulting from crashes. Under that authority, we issued FMVSS No. 213, which sets forth requirements which must be met by any device designed for use in a motor vehicle to restrain, seat or position children
who weigh 65 pounds or less. We require that persons manufacturing child restraint systems (including child safety seats) must certify that their products meet the requirements of FMVSS No. 213, and must ensure that their products meet all other requirements of the Safety Act. NHTSA also investigates safety-related defects, undertakes automotive research initiatives, and administers grant programs for State highway safety projects.
NHTSA does not set requirements for how children are to be transported in vehicles, such as whether child restraints must be used in parade vehicles. Matters relating to the use of child restraints, including child safety seats, are decided by individual States. Thus, your question asking whether there is an exemption under the law that permits children to ride in parades without a child restraint system is most appropriately answered by Nebraska officials.
For information about Nebraskas law, we suggest you contact: Mr. Fred E. Zwonechek, Administrator, Department of Roads, Office of Highway Safety, 5001 S. 14th St., Lincoln, Nebraska, 68512-1248, telephone: (402) 471-2515.
I hope this information is helpful. If you have any questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.
Sincerely,
O. Kevin Vincent
Chief Counsel
Signed 5/26/10
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