Interpretation ID: nht88-3.33

TYPE: INTERPRETATION-NHTSA

DATE: 09/06/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: ROBERT DAUGHERTY -- QUALITY ASSURANCE MANAGER SAFETY REHAB SYSTEMS, INC.

ATTACHMT: LETTER DATED 10/16/86 TO TERRY WOODMAN FROM ERIKA Z. JONES; LETTER DATED 07/31/87 TO RICHARD J. MAHER FROM ERIKA Z. JONES; LETTER DATED 02/05/88 TO ERIKA Z JONES FROM ROBERT DAUGHERTY, OCC - 1588; UNDATED BROCHURE SAFETY PLUS MODEL 501 STROLLER ;

TEXT: Dear Mr. Daugherty:

This is a response to your letter of February 5, 1988, in which you sought an interpretation of Standard 213, Child Restraint Systems (49 CFR @ 571.213). I regret the delay in this response. Specifically, your letter stated that your company manufactur es wheelchairs for severely handicapped children. Your letter stated that your company believes that Standard 213 does not apply to "durable medical products (wheelchairs, positioning systems)" and asked if this belief is correct. As explained below, y our belief is not entirely correct.

Section S3 of Standard No. 213 specifies that "this standard applies to child restraint systems for use in motor vehicles and aircraft." Section S4 of the standard defines a child restraint system as "any device except Type I or Type II seat belts, desig ned for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." No exception is made for restraints designed for use by physically handicapped children who weigh 50 pounds or less. Further, paragraph 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 at the center seating position of the standard se at assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6." This language makes clear that restraints designed for use by physically handicapped children are subject to the requirements of Standard No. 213.

Under these criteria, wheelchairs, strollers, and so forth would not be "child restraint systems" within the meaning of Standard No. 213 because these devices are designed to transport children outside of a motor vehicle or aircraft. Therefore, wheelchai rs, strollers, and similar devices are not child restraint system within the meaning of S3 of Standard No. 213. Such devices may be subject to regulation by the Food and Drug Administration, under its authority to regulate medical "devices."

However, the devices described in your letter as "positioning systems" are child restraint systems subject to the requirements of Standard No. 213. Your "Safety Plus Model 501" includes a "removable positioning unit" that is designed to restrain and po sition a child riding in a motor vehicle. Your "900 Series Transporter" is designed so that the rear wheels can be folded under it to allow it to be used to restrain and position a child riding in a motor vehicle. Therefore, these devices are "child res traint systems" within the meaning of S3 of Standard No. 213, and must be certified as complying with the requirements of the standard. NHSTA has said in the past that, since it is possible to offer handicapped children the same level of crash protectio n afforded to all other children, there is no reason to permit handicapped children to be (See the enclosed October 16, 1986 letter I sent to Mr. Terry Woodman on this subject.)

You also asked if there are any standards applicable to "tie-downs" used on school buses. These "tie-downs" are straps designed to restrain wheelchairs and their occupants in a motor vehicle in the event of a crash. Since wheelchairs are not subject to Standard No. 213 or any other of this agency's regulations, as explained above, we have no standard applicable to "tie-downs" or other devices used to position wheelchairs in motor vehicles. I explained this in detail in the enclosed July 31, 1987 lett er to Mr. Richard Maher.

I hope this information is helpful. If you have further questions or need more information on this subject, please feel free to contact Ms. Joan Tilghman of my staff at this address or by telephone at (202) 366-2992.

ENCLOSURES

Sincerely,