Regarding selling used seats come January 1st, 2012

sparkyd

Active member
I don't think it's illegal to use - it's illegal for the person who is passing it on. It's a slight difference, but it's a difference.

Good point.

I also agree with everything you said about why it is a good thing that you can't give away or lend seats that don't pass the new Regs.

And I guess bottom line, having thought these through, I don't want the liability of helping a parent who has a used seat that doesn't meet 2012 standards. Because I don't want any part in any potential liability that could come if the "perfect storm" happened and a kid was injured. And when it comes down to it - used seats pose a pretty high risk all on their own due to the unknown history factor.

Does this mean that if you were running a clinic you would turn away anyone that came with a non-2012 compliant seat that they didn't already own prior to Jan 2012? Would it matter to you if they were given the seat well before Jan 1, 2012 (i.e. they aren't the original owner, but they've had the seat for awhile; maybe it's a bucket and they're even using it for the 2nd time)?

I'm genuinely asking these questions because I'm genuinely trying to decide how to deal with these situations on an organizational level. There are so many permutations and questions (like how to tell if a given seat is 2012 compliant or not...), not to mention potential client reactions, that it makes my head hurt.
 
ADS

snowbird25ca

Moderator - CPST Instructor
Does this mean that if you were running a clinic you would turn away anyone that came with a non-2012 compliant seat that they didn't already own prior to Jan 2012? Would it matter to you if they were given the seat well before Jan 1, 2012 (i.e. they aren't the original owner, but they've had the seat for awhile; maybe it's a bucket and they're even using it for the 2nd time)?

I'm genuinely asking these questions because I'm genuinely trying to decide how to deal with these situations on an organizational level. There are so many permutations and questions (like how to tell if a given seat is 2012 compliant or not...), not to mention potential client reactions, that it makes my head hurt.

I'm honestly not sure about this one. I'll have to think about it and maybe there'll be opportunity for me to have some discussion about it in Vancouver. I have a high level of discomfort with used seats as it is unless there is a very clear and certain history on it and it is a seat that will last the child longer than just 5 or 6 months before expiring.

I would feel differently about whether they got it before or after January 1st. But I'm still not sure of my *own* answer. Where is the bigger risk to the child? Does doing the "best possible" with a seat that could be dangerous lull the parent in to a false sense of security and make them less likely to replace a seat that isn't appropriate?

I know I won't touch a US seat. And if it's expired, I'll send the parent to replace the seat before helping them. (Hopefully kids aren't with them or it becomes a more difficult situation.)

The bottom line is - are you helping or harming by trying to make sure an old seat with unknown history is used properly? If the seat is going to fail due to treatment or age then it doesn't matter how it's installed or being used... (thinking out loud here. I think I'm going to start a thread in the tech forum though it may have to wait until another time since I'm at the airport at the moment. ;) )
 

safeinthecar

Moderator - CPS Technician
snowbird25ca said:
I'm honestly not sure about this one. I'll have to think about it and maybe there'll be opportunity for me to have some discussion about it in Vancouver. I have a high level of discomfort with used seats as it is unless there is a very clear and certain history on it and it is a seat that will last the child longer than just 5 or 6 months before expiring.

I would feel differently about whether they got it before or after January 1st. But I'm still not sure of my *own* answer. Where is the bigger risk to the child? Does doing the "best possible" with a seat that could be dangerous lull the parent in to a false sense of security and make them less likely to replace a seat that isn't appropriate?

I know I won't touch a US seat. And if it's expired, I'll send the parent to replace the seat before helping them. (Hopefully kids aren't with them or it becomes a more difficult situation.)

The bottom line is - are you helping or harming by trying to make sure an old seat with unknown history is used properly? If the seat is going to fail due to treatment or age then it doesn't matter how it's installed or being used... (thinking out loud here. I think I'm going to start a thread in the tech forum though it may have to wait until another time since I'm at the airport at the moment. ;) )

Here's my thoughts.

1: the non-compliant seats do not become dangerous on Jan 1. They are just as safe as the day before. It would be unreasonable to expect everyone to replace their seats.

2: part of the reason seats expire is to provide a reasonable matriculation rate so that new levels of safety become standard in the general population.

3: there is proven benefit to using ANY kind of child restraint. An old, crashed or used seat may fail, but it will for sure fail if it's not used at all.

4: a tech's job is to educate, not advocate or dictate. A person that knows the risks and chooses to take them anyway is still educated, so the giving of information *is* doing your job properly.

5: liability IS a big deal. The way I handle the dilemma is by making it clear that the seat I have in front of me is not a good choice for the child, but as a seat to practice installation and buckling with, it works great. Then we practice installation and buckling, I document the education given and the practice done, and I walk away and let the parents be the parents.
 

Pixelated

Moderator - CPST Instructor
Here's my thoughts.

1: the non-compliant seats do not become dangerous on Jan 1. They are just as safe as the day before. It would be unreasonable to expect everyone to replace their seats.

And that's where things get sticky and confusing. It's not that a pre-2012 seat *I* own becomes unsafe on January 1st, but it becomes illegal for me to give, loan, or sell that seat to someone else. And that is confusing to parents, safety and legality aside. No one is expecting parents to go out and replace their own seats -- although undoubtedly that will be the message some people hear if and when there is any sort of public awareness campaign about this. :rolleyes:
 

bubbaray

New member
Personally, I think the hostility over legislation that is ultimately designed to protect kids isn't really warranted. Perhaps in some aspects it's a bit hard to swallow. But I don't think it is worthy of hostility. Overall it will protect more kids than not. :shrug-shoulders:

I absolutely think that TC and HC have waaaaay more important things to focus on as opposed to people selling/lending non-expired seats. They could focus on, respectively, improving the specs for high weight/harness seats, ERF seats, etc and keeping our food supply safe. It galls me to think that HC inspectors will be spending time going to garage sells or trolling CL rather than keeping melamine or whatever the dangerous-food-additive-of-the-day is out of the food supply.

I see this as yet another interference by Ottawa in something that wasn't broken. Its not the non-expired seats that are the problem. Its improper use, non-use, expired seats, etc. that are a problem. Why not focus on having people use seats period.
 

canadiangie

New member
I'm going to need a formal list of non compliant and compliant seats. It's not going to be good enough for me to... just not have one, and I'll just leave it at that.

Are there plans to have a formal list? I'm going to need it ASAP, and I'm absolutely not creating one myself. This will need to be formal, either from TC, HC, or an individual list from each manufacturer.
 

tam_shops

New member
Designer 22 seats prior to the base modification consistently detached from the base when tested with a lap/shoulder belt. They passed the standards in effect at the time - but they would fail under 2012 standards since the updated standards require testing with a lap/shoulder belt.

So imagine you're a new parent, innocently using a friend's designer 22 seat, and you just check recalls and not consumer information notices. You decide to install the seat in the center position with the seatbelt because it's the most protected position in the vehicle and it's what all of the literature tells you to use when possible. You're subsequently in a collision and the seat detaches from the base and either injures the baby or someone else in the vehicle.

I still think that if it is safe enough for ME to use, then it should be save enough for my friend to use. In this case, I'd say they should be re-called and no longer be aloud to use w/ out the base. This is not safe and has nothing to do w/ loaning the seat out. Lets say I (personally) own this seat and either bought it today or had it for my 1st or last son and then have another child in February. I know enough about car seats, never heard this defect before (this) and I double check for recalls (actually like I did before using ODS's crib w/ YDS, all the good that did me!). Then, use the seat. Put it in a friend's car. Baby is hurt/worse. If I'd known, I'd have bought a new seat (happily) but *had* or just bought a new one on sale and Voila.

It plays out the same w/ the same consequences. That seat(s) should be recalled, not fine for me to use, but not fine for my *friend* to use.

As for the 20 vs 22# thing. It's been known since I had my ODS in 2006 that RF is safest and should be done for a long time after 20#, so if you FF prematurely...And, really that would be an easy fix. ALL seats made in the last 6-8 yrs can do a voluntary recall to issue new stickers that say 22#, but really, does 2# make *that* big a difference, it's more about age. My kids hit 22# at a year. Others hit earlier/later. It's not the 2#, it's the age and that's never been added to seats, no FF until 2yo...

While I agree there is no need for hostility and they probably are not going to check b/c if they did, they'd be going after the expired seats on CL, not a 2009 MA+ (mine's gone btw! LOL). I still think it's absurd for the government to be making policies about loaning and/or selling non-expired & not recalled seats b/c it can encourage people to ignore the true and legitimate and even valid points of not borrowing/selling expired/recalled seats.

No idea what I will do w/ my current seat(s) GN and/or RN that my boys are (now) using and are not 2012 compliant, when we're done with them. YDS will be 10 when the RN is done and 8 when the GN is done. So, I'm inclined to think I'll have a RN that we're not using that I otherwise would have put on CL for $20-30 w/ a couple years left on it, that I will not be *aloud*, yet, the person w/ the expired, recalled seat w/ the chest shield that does not care about car seat safety, can sell theirs. To me, there is just something *wrong* with the government limiting a safe & not recalled seat off the 2nd hand list when know how few and far between HWH seats are on CL...Suffice it to say, I'm not impressed! LOL

tam
 

Pixelated

Moderator - CPST Instructor
I'm going to need a formal list of non compliant and compliant seats. It's not going to be good enough for me to... just not have one, and I'll just leave it at that.

Are there plans to have a formal list? I'm going to need it ASAP, and I'm absolutely not creating one myself. This will need to be formal, either from TC, HC, or an individual list from each manufacturer.

:yeahthatlove: Please. Somebody.
 

safeinthecar

Moderator - CPS Technician
Pixelated said:
And that's where things get sticky and confusing. It's not that a pre-2012 seat *I* own becomes unsafe on January 1st, but it becomes illegal for me to give, loan, or sell that seat to someone else. And that is confusing to parents, safety and legality aside. No one is expecting parents to go out and replace their own seats -- although undoubtedly that will be the message some people hear if and when there is any sort of public awareness campaign about this. :rolleyes:

I was only addressing the question of what to expect and do, as a tech, after Jan 1. IE: since it's reasonable to expect to run into non-compliant seats at checks...etc...an approach that would protect the tech would be...

For that matter, there's nothing that says you have to ASK the parent if the seat has always been theirs. You could ask if the know for certain that the seat has never been crashed etc instead.
 

sparkyd

Active member
I absolutely think that TC and HC have waaaaay more important things to focus on as opposed to people selling/lending non-expired seats... It galls me to think that HC inspectors will be spending time going to garage sells or trolling CL rather than keeping melamine or whatever the dangerous-food-additive-of-the-day is out of the food supply.

I think that HC and TC would agree with you and I don't think for one minute they will be focusing on "catching" members of the general public lending and giving away seats. I just don't see that happening. My concern is a best practice and liability issue for technicians.
 

mamoomorgan

New member
First off... this seems ridiculous to me. But I'm no expert. I have a number of perfectly good car seats that I keep in my basement (I bought them all new and know they haven't been in a crash etc.) to loan to friends when they need them. Grrrr.

I have two questions:

1. Do booster seats fall under this?

2. Does it constitute "loaning" if the seat is used in your own vehicle but for a child that is not your own? What about your own seat in another person's car (but with your child in it)?

Thanks,
 

bubbaray

New member
I think that HC and TC would agree with you and I don't think for one minute they will be focusing on "catching" members of the general public lending and giving away seats. I just don't see that happening. My concern is a best practice and liability issue for technicians.

The DOJ lawyers don't just draft up legislative provisions out of the blue. They take instructions from their client departments -- HC and TC in this case. In order for a provision to end up in the legislation, HC and TC must have told the lawyers to put it in there.

I don't believe that Ottawa WON'T be focussing on CL and lending out non-expired seats. If its in the legislation, its there for a reason and Ottawa will be policing it. With what resources, I have no idea. But its there for a reason, folks.

If HC and TC were serious about focussing on having people use child restraints AT ALL or on not using expired or non-Canadian seats, the legislation would reflect that. That is not the case, they've created a second "tier" of seats (ie., those compliant after January 1, 2012) for no justifiable reason that I can see. There was nothing *wrong* with pre-Jan 1, 2012 seats that were not expired.
 

sparkyd

Active member
The DOJ lawyers don't just draft up legislative provisions out of the blue. They take instructions from their client departments -- HC and TC in this case. In order for a provision to end up in the legislation, HC and TC must have told the lawyers to put it in there.

I don't believe that Ottawa WON'T be focussing on CL and lending out non-expired seats. If its in the legislation, its there for a reason and Ottawa will be policing it. With what resources, I have no idea. But its there for a reason, folks.

I don't want to be argumentative, but I live in Ottawa and I work for the federal government and my job revolves around legislation and Regulations just like these (in my case it is the Income Tax Act and Regulations, but nonetheless). As has been discussed here and elsewhere, there are some very good reasons why there should be restrictions on giving away and lending non-compliant car seats or, more accurately, non-compliant anything, since the Act in question is not specifically about car seats. It is an Act about consumer product safety that is being applied to car seats. I doubt TC had any serious involvement in the drafting of this Act and I know that they are deferring to HC with respect to its interpretation vis a vis car seats. Just because there is a provision in the law that would allow a regulator to do something, that in no way means they will put the resources into acting on it. Certainly not at every possible level. Do I think there will be some early policing of retailers and "bigger fish" that may be advertising and selling non-compliant seats? Yes. Do I think HC will take action against friends loaning car seats to friends? I have no idea how they would find out about it, and I don't expect they would expend any resources trying to do so. As for CL or other online selling sites, I have no idea if they ever look at stuff like that right now. I seriously doubt it, but happy to stand corrected if they do. To me that doesn't fall into the giving away and lending grey zone though, if you put a non-compliant seat on CL or Kijiji or whatever that is advertising and would clearly be against the law. And I'm 100% OK with that because I hate it when people buy used car seats.

As for the grey zone of giving away and lending, for me it is still a question mark whether that is even in the current Canada Consumer Product Safety Act, as discussed elsewhere in this thread. By my reading that issue hinges on their definition of "distribution", which is not defined in any public document I could find.
 

snowbird25ca

Moderator - CPST Instructor
First off... this seems ridiculous to me. But I'm no expert. I have a number of perfectly good car seats that I keep in my basement (I bought them all new and know they haven't been in a crash etc.) to loan to friends when they need them. Grrrr.

I have two questions:

1. Do booster seats fall under this?

2. Does it constitute "loaning" if the seat is used in your own vehicle but for a child that is not your own? What about your own seat in another person's car (but with your child in it)?

Thanks,

My answer to #2 is no, and no. I can't tell you if that's the set-in-stone correct answer or not - but if it's a seat being used in your own vehicle and you're the driver - you're responsible for restraining the kids and it's reasonable that you're providing your own seats to do so.

The 2nd point? You're using your own seat with your own kid. I don't see a problem there whether you own the vehicle and are driving or not...
 

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