Interpretation ID: Robert Linton drn
BMW of Oyster Bay
145 Pine Hollow Road
Oyster Bay, NY 11771
RE: 2007 BMW 760Li Sedan
VIN: WBAHN03547DD98859
Dear Mr. Ploetner:
This responds to your letter of June 26, 2007, requesting the National Highway Traffic Safety Administrations (NHTSAs) assistance regarding lowering the light transmittance through the rear side windows and rear window in the above-cited Model Year (MY) 2007 BMW 760Li Sedan to accommodate the medical needs of its owner, Mr. Robert Linton. This letter provides the relief you and Mr. Linton seek.
In your letter, you state:
Mr. Linton suffers from leukemia, which makes him particularly sensitive to light, and would like his 2007 BMW 760Li sedan modified to accommodate his disability. As such, we are requesting that NHTSA not enforce the make inoperative prohibition regarding FMVSS 205 in this particular case. The vehicle is for Mr. Lintons personal use only and he is seeking a light tint in all rear windows of the vehicle, so that he may ride comfortably in the rear seats.
In a June 27, 2007 telephone conversation with Dorothy Nakama of my staff, Mr. Linton stated that he wishes to have changed in the sedan, only the rear window and side windows to the right and left of the rear seat passengers. Mr. Linton stated that his medical condition made his eyes so sensitive to light that he cannot be driven in a passenger car with glazing that meets NHTSA standards. Mr. Linton further advised Ms. Nakama that he will not drive himself, and has hired a driver.
We would like to explain that NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards. After the first sale of the vehicle, Section 30122(b) of Title 49 of the United States Code provides in part that:
A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard prescribed under this chapter
The make inoperative prohibition requires businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties.
Federal Motor Vehicle Safety Standard No. 205, Glazing Materials requires that safety glazing materials or multiple glazed units intended for use at levels requisite for driving visibility in the motor vehicle shall show regular (parallel) luminous transmittance of not less than 70% of the light, at normal incidence, both before and after irradiation. All glazing in a passenger car is deemed to be requisite for driving visibility.
In certain limited situations, NHTSA has exercised its discretion in enforcing our requirements to provide some allowances to a business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. In situations such as that of Mr. Linton, where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider violations of the make inoperative prohibition to be justified by public need.
Accordingly, NHTSA will not institute enforcement proceedings against a commercial entity that changes Mr. Lintons BMW sedan so that the light transmittance through the glazing is less than 70% for the glazing to the right and left of the rear seat passengers and the rear window.
After the light transmittance in the glazing is lowered, if Mr. Linton wishes to sell or otherwise transfer the BMW 760Li sedan, we would encourage that the glazing in the rear side windows and rear windows be restored to 70% light transmittance.
I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama at this address or at (202) 366-2992.
Sincerely yours,
Anthony M. Cooke
Chief Counsel
ref:205
d.7/30/07