Interpretation ID: nht89-3.37

TYPE: INTERPRETATION-NHTSA

DATE: 11/14/89

FROM: DIANA REGAN

TO: STEPHEN WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: LETTER DATED 2-14-90 FROM STEPHEN P. WOOD, NHTSA, TO DIANA L. D. REGAN; A35; STDS. 208; 209; 213

TEXT: This letter will serve as my request for an interpretation of a product with which I hope to greatly improve safety for children riding in automobiles equipped with Lap-Shoulder safety belts. Enclosed you will find a description of the product (protecte d by a sole licensing agreement under U.S. Patent 4,832,367) and its use.

It is understood that as a manufacturer of such an auto safety product there are certain responsibilities and standards which must be complied with. Because of its innovative nature, it is unclear where a product such as the one described in the enclosu re lies. Is it a seat belt or should it be considered as an infant car seat?

I respectfully request an interpretation of the product and my responsibilities as its manufacturer and seller. It is hoped the information enclosed is sufficient and I will be happy to provide anything further.

Thank you.

Enc.

SUPPLEMENTAL AUTOMOBILE SAFETY BELT RESTRAINING APPARATUS FOR THE OLDER CHILD.

BACKGROUND OF THE APPARATUS.

Automobile safety for the Older Child, defined as a child weighing between 40 pounds and 85 pounds, is a much-neglected field. While infants are required by law to be restrained in an approved infant seat and younger children generally are required to o ccupy an approved booster seat, these seats are not appropriate for older children since in many instances they can no longer be accomodated in the confined space of the seat.

It has been suggested that children educated at an early age in the correct use of Lap/Shoulder safety belts are far more likely to continue the practice later in life.

However, with the introduction of new safety standards for 1990 requiring manufacturers to install three point Lap/Shoulder safety harnesses on the outboard rear seats of all automobiles, a potential problem looms in that these belts are designed primari ly for adults. Older Children attempting to wear Lap/Shoulder safety belts will invariably find that rather than correctly fitting, the shoulder portion of the Lap/Shoulder safety belt will cross the child's neck or face, which is both uncomfortable and dangerous.

The Older Child will usually solve the problem by placing the Shoulder portion of the belt behind their body, a practice which is highly dangerous since while the child's hips remain restrained, the upper torso is not, and so can propel forward in the ev ent of an accident.

The objective of this apparatus is to permit the adjustment of the Shoulder portion of the Lap/Shoulder seat belt downwardly into a position which correctly places the shoulder portion of the belt across the Older Child's chest and shoulder.

DESCRIPTION OF THE APPARATUS.

The apparatus is comprised of an adjustable length of 2" wide safety belt webbing conforming to Standard No. 209, to which at each end is attached a fastener designed to firmly attach to the webbing of the Lap/Shoulder safety belt.

It connects to both the lap section and the shoulder section of the Lap/Shoulder safety belt and to no other structure in the automobile. The apparatus is connected firstly to the lap section of the Lap/Shoulder safety belt in a position which is the fu rthermost practical point away from and below the line of the Older Child's hip, and secondly to the shoulder section of the safety belt in a position above the line of the child's shoulder at a point which causes the shoulder section of the safety belt to be correctly placed across the Older Child's chest and shoulder.

As a consequence of the apparatus being solely attached to the existing Lap/Shoulder safety belt webbing, the forces generated during a collision will continue to be directed to and absorbed by the approved Lap/Shoulder safety belt and its anchorage poin ts.

The simplicity of construction of the apparatus and the ease in which an adult can connect it to or disconnect it from a Lap/Shoulder safety belt enhances its suitability for use as a supplemental child restaining device. Once connected, the Lap/Shoulde r safety belt will safely restrain the Older Child, and upon disconnecting only the uppermost fastener, the Lap/Shoulder safety belt can again be correctly worn by an adult.

The photograph hereunder illustrates clearly the mechanics of the apparatus and its application to Older Child automobile safety.