Interpretation ID: 1984-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 04/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Maryland State Police -- Richard W. Janney, Captain Commander

TITLE: FMVSS INTERPRETATION

TEXT:

Richard W. Janney, Captain Commander, A.S.E.D. Maryland State Police 6601 Ritchie Highway Glen Burnie, MD 21062

This is to follow-up your phone conversation with Stephen Oesch of my staff concerning the agency's letter of December 20, 1983, on Standard No. 205, Glazing Materials. I hope that the following discussion will clarify the relationship between the requirements of Standard No. 205 and the render inoperative provision of the National Traffic and Motor Vehicle Safety Act (the Act).

Section 108(a)(2)(A) of the Act prohibits motor vehicle manufacturers, distributors, dealers, and motor vehicle repair shops from knowingly rendering inoperative any device or element of design installed in compliance with a Federal motor vehicle safety standard. Standard No. 205 sets performance requirements, including requirements for light transmittance and abrasion resistance, for all glazing materials used in motor vehicles. Those performance requirements may vary depending on the vehicle type involved and the place in the vehicle where the glazing is used. For example, the luminous transmittance and abrasion resistance requirements apply to all windows in a passenger car, but only to windshield and windows to the immediate right and left of the driver in a truck or multipurpose passenger vehicle.

The application of tinting materials to glazing does not, in and of itself, constitute a violation of the render inoperative provision of section 108(a)(2)(A) of the Act. To violate section 108(a)(2)(A), manufacturers, distributors, dealers, and motor vehicle repair shops that install tinting materials must knowingly install materials which render inoperative the glazing material's compliance with Standard No. 205. Thus, for example, a motor vehicle repair shop would be in violation of section 108(a)(2)(A) of the Act if it knowingly installed in a passenger car a tinting material which would render inoperative the glazing's compliance with the abrasion resistance requirements of the standard. In each case, there will be a factual question of whether the glazing material, as tinted, will continue to meet the abrasion resistance requirements of the standard.

If you are aware of any manufacturers, distributors, dealers, or motor vehicle repair shops that are in apparent violation of section 108(a)(2)(A), please provide information concerning those apparent violations to our Office of Vehicle Safety Compliance. The information should be sent to:

Mr. Francis Armstrong, Director Office of Vehicle Safety Compliance National Highway Traffic Safety Administration Room 6113 400 Seventh Street, S.W. Washington, D.C. 2059O

I hope this discussion will be of assistance to you. If you have any further questions, please let me know.

Sincerely,

Frank Berndt Chief Counsel