ID: 3235yy

Herbert J. Lushan
Regalite Plastics Corporation
300 Needham Street
Newton Upper Falls, MA 02164

Dear Mr. Lushan:

This responds to your letter concerning the use of tinted flexible plastic glazing in certain jeep-type vehicles. You explained that a customer has asked you to manufacture a bronze-tinted clear plastic flexible window for installation in the rear side and rear windows of its vehicles. You indicated that this glazing material would not satisfy the minimum light transmittance requirement of Standard No. 205 and requested confirmation of your understanding that Standard No. 205 permits the use of such glazing for rear and side windows in these vehicles. Further, during two telephone conversations on October 29, 1991 and October 30, 1991, you informed Elizabeth Barbour of my staff that your question specifically refers to the use of this glazing on the two-door Suzuki Sidekick and the two-door Geo Tracker. You also confirmed to Ms. Barbour that the glazing materials to which your letter refers would be installed as original equipment, but added that your company is also involved with after-market products. I am pleased to have this opportunity to answer your question.

By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged safety-related defects.

Pursuant to NHTSA's authority, the agency has established Standard No. 205, which specifies performance requirements for various types of glazing (called "items"), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Among Standard No. 205's requirements are specifications for minimum levels of light transmittance, measured by Test 2 in ANSI Z26. A minimum of 70% light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars.

In trucks, buses and multipurpose passenger vehicles, only the windshield and the windows to the immediate left and right of the driver are considered requisite for driving visibility (if they are equipped with dual outside mirrors satisfying sections S6.1(b) of FMVSS No. 111) and thus, subject to the minimum light transmittance requirement. The windows to the rear of the driver in trucks, buses and multipurpose passenger vehicles, including the rear side and rear windows, are not required to meet the light transmittance requirement. Thus, Standard No. 205 permits the use of tinted glazing materials (i.e. items of glazing that are not subject to Test 2) for windows to the rear of the driver in such vehicles when they are equipped with dual outside mirrors larger than those usually used on passenger cars.

As stated above, you described the product you wish to manufacture as tinted flexible plastic, Item 7 glazing, which would be installed in the rear side and rear windows of the two-door Suzuki Sidekick and Geo Tracker. According to the agency's information about these vehicles, the rear side and rear windows are part of a removable soft-top. Standard No. 205 permits glazing used for readily removable windows in these locations to be manufactured out of flexible plastic glazing (Items 6, 7 and 13), among other types of glazing. Thus, since these specific window locations on the two-door Suzuki Sidekick and Geo Tracker are not subject to the light transmittance requirement, and since Standard No. 205 permits use of flexible plastic glazing for readily removable windows, the Standard would permit you to manufacture the bronze-tinted flexible plastic glazing for the use your customer requested.

You also stated that your company is involved with after-market glazing materials. After a vehicle is first sold to a consumer, 108 (a)(2)(A) of the Safety Act prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with any safety standard. According to this provision, your company, for example, could install the Item 7 glazing in the rear side and rear windows of a Suzuki Sidekick or Geo Tracker after that vehicle is first sold to a consumer. This provision would, however, prohibit the after-market installation of tinted flexible plastic glazing in the front side windows of that vehicle because such installation would cause the glazing of the front side windows to no longer comply with the requirements of Standard No. 205.

The "render inoperative" provision of the Safety Act does not apply to the actions of vehicle owners themselves. No section of the Safety Act prevents vehicle owners themselves from installing any product on their vehicles, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. The actions of individual vehicle owners may be regulated or precluded by individual States, which have the authority to regulate owner modifications and the operational use of vehicles.

I hope this information is helpful. Please contact Elizabeth Barbour of my staff at this address or by telephone at (202) 366-2992 if you have further questions.

Sincerely,

Paul Jackson Rice Chief Counsel

ref: 205 d:ll/20/9l

ID: 9977

Mr. David Ori, Manager
Bureau of Motor Vehicles
Vehicle Control Division, Room 104
T&S Building
Harrisburg, PA 17120

Dear Mr. Ori:

This responds to your letter to Mr. James Gilkey of this agency's Office of Vehicle Safety Compliance, requesting confirmation of your understanding of the applicability of Federal Motor Vehicle Safety Standard No. 205 to certain limousines. You were concerned about the permissibility of applying sun screening or window tinting to such vehicles during the original manufacturing process, and during the "second stage or alteration phase of the manufacturing process."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Under this authority, NHTSA issued Standard No. 205, "Glazing Materials," to specify performance requirements for various types of glazing and to specify the location in the vehicles in which each item of glazing may be used. One provision in Standard No. 205 requires a minimum of 70 percent light transmittance in any glazing area requisite for driving visibility. The primary purpose of this requirement is to ensure adequate visibility through the vehicle's windows, thereby reducing the risk of a motor vehicle crash.

NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. NHTSA's certification regulations are set forth in 49 CFR Part 567. Under this regulation, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards, including Standard No. 205. As you correctly state, second stage manufacturers and alterers also have certification responsibilities. Specifically, a final stage manufacturer is responsible for certifying a vehicle pursuant to 49 CFR '567.5. Accordingly, you are correct that a final stage manufacturer is

required to certify that its finished product, including the glazing materials, complies with all applicable Federal safety standards.

A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards. 49 CFR '567.7. However, this provision does not apply to the "addition, substitution, or removal of readily attachable components ... or minor finishing operations, such as painting." NHTSA views the addition of window tint film as a "minor finishing operation." Accordingly, a person adding such tint film would not be considered an alterer and therefore would not be subject to certification responsibilities.

However, aside from certification responsibilities, pursuant to 49 U.S.C. ' 30112a, "a person may not...sell, offer for sale, [or] introduce or deliver for introduction in interstate commerce...any motor vehicle...unless the vehicle...complies with [all applicable standards]." Thus, it would be a violation of the statute to sell a new vehicle whose windows which are requisite for driving visibility had been tinted to allow less than 70 percent light transmittance.

Moreover, with respect to vehicles that are no longer new, a motor vehicle manufacturer, distributor, dealer, or repair business "may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard." Thus, a person in any of these categories may not apply tint film that would cause the light transmittance of the glazing requisite for driving visibility to be under 70 percent.

You stated your belief that limousines that seat less than 10 persons may not be equipped with any sun screening or window tinting product, since such products would violate Standard No. 205. We wish to clarify one aspect of your statement. Limousines that seat less than 10 persons are considered "passenger cars" under NHTSA's regulations. NHTSA considers all windows in a passenger car to be requisite for driving visibility; accordingly, all windows in a passenger car/limousine must have a minimum 70 percent light transmittance. However, please note that tinting may be used in these vehicles, provided the tinted windows meet the minimum 70 percent light transmittance requirement.

You further asked whether a limousine that seats 10 or more persons is subject to the Federal window tinting requirements. A limousine with a capacity of more than 10 persons is considered a "bus" under our regulations. There are specific requirements in Standard No. 205 that apply to buses (or bus/limousines). Under these requirements, only the windshield and the windows to the immediate left and right of the driver are considered to be requisite for driving visibility (if they are equipped with dual outside mirrors satisfying section S6.1(b) of Standard No. 111), and thus subject to the minimum 70 percent light transmittance requirement. The windows to the rear of the driver in a bus/limousine, including the rear side and rear windows, are not required to meet the light transmittance requirement. Accordingly, Standard No. 205 does not prohibit the use of tinted glazing materials for bus/limousine windows to the rear of the driver when the vehicle is equipped with dual outside mirrors larger than those usually used on passenger cars.

I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:205#567 d:9/7/94 The agency defines "passenger car" as a "motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less." In turn, "multipurpose passenger vehicle" is defined as a "motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed on a truck chassis or with special features for occasional off-road operation." A "bus" is defined as a "motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons."

ID: nht73-4.44

DATE: 08/07/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Hank Thorp Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 7, 1973, which asks if the Manufacturer Code proposal (38 FR 14968, June 7, 1973) as it applies to wheel nuts (1) requires all manufacturers, including vehicle manufacturers, to label their products, (2) permits labeling with self-adhesive stickers, and (3) has authorized the issuance of codes at this time. In addition, you requested a clarification of an interpretation of Standard 211, Wheel nuts.

The answer to your first question is yes. The labeling requirements apply to foreign and domestic manufacturers of passenger cars and multi-purpose passenger vehicles and to manufacturers of equipment for those vehicles. The term "manufacturer" includes an importer of vehicles or regulated equipment.

The use of a self-adhesive sticker in satisfaction of the permanent and legible labeling requirements of the proposal is permissible, so long as the information printed thereon is indelible and the label is affixed in such a manner that it cannot be removed without destroying or defacing it.

No codes have been assigned at this time. Assignment will not occur until a decision is reached as to issuance of a final rule.

The small hexagonal nuts which you import and which you describe as serving the same purpose as the small hexagonal nuts which secure factory-mounted, steel wheels to an axle, are not wheel nuts under the standard. The reference to normal coverage by a hub cap or wheel disc is simply descriptive of their location.

MINILITE

July 7, 1973

James E. Wilson Associate Administrator Traffic Safety Programs U.S. Department of Transportation

I am writing to you with respect to the proposed rules (49CFR Parts 566, 567, 568, 571) as published in Volume 38, #109, of the Federal Registration of Thursday, June 7, 1973. I have a number of questions concerning these proposed rules which should also be construed, in part, as comment upon the proposed rules before adoption.

1. As exclusive U.S. Importer of light alloy road wheels, trademarked MINILITE(register) (Registration #893174), we also import wheel nuts and hub caps used with these wheels.(Illegible Word) 1 January 1968, we were required by the U. S. Bureau of Customs to clearly(Illegible Word) the containers in which these products were imported to indicate that they complied fully with Section 571.211. At that time, manufacturers of identical products for the aftermarket within the United States were not required to show similar statements of compliance on their packages. Do the proposed rules referenced above affect all manufacturers of these products, whether or not they are imported or not and whether or not they are used in the assembly of new motor vehicles?

2. Please refer to the specifics of Part 571; S211-1. This standard was revised effective 7/25/69 to add an interpretation as follows.

"INTERPRETATION"

A clarification of the term "wheel nut" as used in the requirements section S3 of Standard No. 211 has been requested. This section states that "wheel nuts, hub caps, and wheel discs for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections." A "wheel nut" is an exposed nut that is mounted at the center or hub of a wheel, and not the ordinary small hexagonal nut, one of several which secures a wheel to an axle, and which is normally covered by a hub cap or wheel disc."

The wheel nuts we import are small hexagonal nuts and 4 or 5 are used to hold each wheel to the axle. The U. S. Bureau of Customs has not considered these to be of the type affected by this standard. However, due to the nature of light alloy wheels, our wheels nuts are not "normally covered by a hub cap or wheel disc". I am requesting a written interpretation as to whether the small hexagonal wheel nuts used with light alloy wheels but not normally covered by a hub cap or wheel disc are covered by Standard 211.

3. If the answer to #2 above is no, I would comment that it would seem appropriate to change the language of Standard 211 and designate that the standard covers "center lock wheel nuts" rather than "wheel nuts".

4. Regards hub caps; our cap is a smooth chemically brightened aluminum cap of either 2 5/8 or 3 1/8 diameter which is pushed through the center hole from the back of the wheel before the wheel is mounted to the axle. It is clear that this is covered by the Standard and would, therefore, require manufacturers identification if the proposed rules are passed. Does the comment that "each wheel nut, wheel disc, and hub cap to be permanently and legibly marked or labeled with the manufacturers code number . . ." permit labeling to take the form of a self-adhesive label affixed to the inside of our hub cap so as not to be visible when the cap is fitted to an automobile?

5. If your answer to question #1 indicates that stateside manufacturers of after-market hub caps are not affected by the standard and/or the proposed manufacturers certification requirements, I would comment that the standard is missing the main(Illegible Word) of its purpose; that is, to eliminate winged extensions from center lock wheel nuts and hub caps on vehicles used on the public highways of the United States. The prime source of hub caps produced with eared extensions is from automotive aftermarket manufacturers located in this country.

6. Are assignment of manufacturers identification numbers being made now, or will this assignment be made after the proposed rules are adopted?

I look forward to a reply from you on the above points.

Hank Thorp

ID: nht91-7.16

DATE: November 20, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Herbert J. Lushan -- Regalite Plastics Corporation

TITLE: None

ATTACHMT: Attached to letter dated 9-17-91 from Herbert J. Jushan to Paul Jackson Rice (OCC 6505)

TEXT:

This responds to your letter concerning the use of tinted flexible plastic glazing in certain jeep-type vehicles. You explained that a customer has asked you to manufacture a bronze-tinted clear plastic flexible window for installation in the rear side and rear windows of its vehicles. You indicated that this glazing material would not satisfy the minimum light transmittance requirement of Standard No. 205 and requested confirmation of your understanding that Standard No. 205 permits the use of such glazing for rear and side windows in these vehicles. Further, during two telephone conversations on October 29, 1991 and October 30, 1991, you informed Elizabeth Barbour of my staff that your question specifically refers to the use of this glazing on the two-door Suzuki Sidekick and the two-door Geo Tracker. You also confirmed to Ms. Barbour that the glazing materials to which your letter refers would be installed as original equipment, but added that your company is also involved with after-market products. I am pleased to have this opportunity to answer your question.

By way of background information, S103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment, nor do we endorse any commercial products or processes. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards, and also investigates alleged safety-related defects.

Pursuant to NHTSA's authority, the agency has established Standard No. 205, which specifies performance requirements for various types of glazing (called "items"), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Among Standard No. 205's requirements are specifications for minimum levels of light transmittance, measured by Test 2 in ANSI Z26. A minimum of 70% light transmittance is required in glazing areas requisite for driving visibility, which includes all windows in passenger cars.

ln trucks, buses and multipurpose passenger vehicles, only the windshield and the windows to the immediate left and right of the driver are considered requisite for driving visibility (if they are equipped with dual outside mirrors satisfying sections S6.1(b) of FMVSS No. 111) and thus, subject to the minimum light transmittance requirement. The windows

to the rear of the driver in trucks, buses and multipurpose passenger vehicles, including the rear side and rear windows, are not required to meet the light transmittance requirement. Thus, Standard No. 205 permits the use of tinted glazing materials (i.e. items of glazing that are not subject to Test 2) for windows to the rear of the driver in such vehicles when they are equipped with dual outside mirrors larger than those usually used on passenger cars.

As stated above, you described the product you wish to manufacture as tinted flexible plastic, Item 7 glazing, which would be installed in the rear side and rear windows of the two-door Suzuki Sidekick and Geo Tracker. According to the agency's information about these vehicles, the rear side and rear windows are part of a removable soft-top. Standard No. 205 permits glazing used for readily removable windows in these locations to be manufactures out of flexible plastic glazing (Items 6, 7 and 13), among other types of glazing. Thus, since these specific window locations on the two-door Suzuki Sidekick and Geo Tracker are not subject to the light transmittance requirement, and since Standard No. 205 permits use of flexible plastic glazing for readily removable windows, the Standard would permit you to manufacture the bronze-tinted flexible plastic glazing for the use your customer requested.

You also states that your company is involved with after-market glazing materials. After a vehicle is first sold to a consumer, S108 (a)(2)(A) of the Safety Act prohibits any manufacturer, dealer, distributor, or repair business from rendering inoperative any device or element of design installed in a vehicle in compliance with any safety standard. According to this provision, your company, for example, could install the Item 7 glazing in the rear side and rear windows of a Suzuki Sidekick or Geo Tracker after that vehicle is first sold to a consumer. This provision would, however, prohibit the after-market installation of tinted flexible plastic glazing in the front side windows of that vehicle because such installation would cause the glazing of the front side windows to no longer comply with the requirements of Standard No. 205.

The "render inoperative" provision of the Safety Act does not apply to the actions of vehicle owners themselves. No section of the Safety Act prevents vehicle owners themselves from installing any product on their vehicles, regardless of whether the installation causes the vehicle to no longer comply with Standard No. 205. The actions of individual vehicle owners may be regulated or precluded by individual States, which have the authority to regulate owner modifications and the operational use of vehicles.

I hope this information is helpful. Please contact Elizabeth Barbour of my staff at this address or by telephone at (202) 366-2992 if you have further questions.

ID: nht88-1.74

TYPE: INTERPRETATION-NHTSA

DATE: 03/16/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: MORRIS EAST -- ASSISTANT DIRECTOR, LOUISIANA BUREAU OF SCHOOL TRANSPORTATION

TITLE: NONE

ATTACHMT: JULY 7, 1987 LETTER FROM EAST TO JONES IS ATTACHED

TEXT: This letter responds to your request for an interpretation of certain Federal motor vehicle safety standards that apply to school buses. I apologize for the delay in this response. In your letter, you state that one of your local school systems intends to remove a bus body from "an existing chassis, and place that body onto a new chassis." You state further that the system's school bus maintenance shop would perform the work. You ask a number of questions which I shall answer in order. My answers as sume that, at a minimum, the engine, drive axles, and transmission of the new chassis are new components.

Question 1: Is it permissible under the (Vehicle Safety Act as amended) for a local school board to remove the body from one school bus chassis and place that body on another school bus chassis?

The answer to this question is "yes." The Act does not prohibit a vehicle owner from altering, modifying, or manufacturing a vehicle; nor has NHTSA established such a prohibition in its regulations.

Question 2: Would this action (in Question 1) violate bus body integrity requirements of Federal Motor Vehicle Safety Standards (FMVSS) (specifically FMVSS 208, 220, 221)?

The act of removing a school bus body from one chassis and placing that body on a different chassis does not violate any Federal safety standard. However, when a person uses a new body and mixed new and used chassis components in refurbishing a vehicle, the question arises whether the vehicle is new. In past interpretations, NHTSA has applied @ 571.7(e) to school buses that combine a new body and either (1) mixed new and used chassis components, or (2) used chassis components from different vehicles. If a school bus is considered "new" under the criteria set out in this provision, then the person who refurbishes the vehicle must

certify that the school bus meets all applicable safety standards in effect on the date the chassis was manufactured - including Standards 208, 220, and 221 if they apply - and affix a certification label under 49 CFR Part 567.

On the other hand, if an old bus body is placed on a chassis that is completely new, a different provision applies. In this case, the chassis is an incomplete vehicle. "Incomplete vehicle" is defined in 49 CFR @ 568.3 as: an assemblage consisting, as a minimum, of a frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the ad dition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.

When a new bus chassis meets this description, a subsequent person who adds a body - even an old body - is a final-stage manufacturer, and must certify the completed vehicle as conforming to all applicable Federal Motor Vehicle Safety Standards as of a d ate no earlier than the manufacturing date of the incomplete vehicle (the new chassis). (49 CFR @ 567.5, Requirements for Manufacturers of Vehicles Manufactured in Two or More Stages.)

Neither @ 571.7(e) nor Part 568 would require a person to recertify a school bus when the body and all other vehicle components are not new.

Question 3: If permitted, can the work described in (Question) 1. above be performed in the school board's maintenance shop? Can it be contracted to an automobile dealer capable of performing such work? Can the work be contracted to other motor vehi cle repair shops such as body dealers or private motor vehicle repair shops?

The answer to each of these statements is "yes." Remember, though, that if the refurbished buses are considered new under the criteria discussed in Question 2, they must meet all applicable school bus safety standards in effect on the date of manufacture , and a certification label must be affixed to each refurbished vehicle to that effect.

If the refurbished buses are not "new" under these same criteria, then there is no obligation to recertify the vehicles. However, if a manufacturer, dealer, distributor, or motor vehicle repair business works on your buses, then there is restriction on what these commercial businesses can do - even if the vehicle is used. Section 108(a)(2)(A) of the Vehicle Safety Act prohibits these persons from "knowingly rendering inoperative" any device or element of design incorporated into the vehicle in complia nce with an applicable Federal safety standard. Note that this restriction does not apply when the vehicle owner (e.g., a local school system) makes a modification, or if a repair facility that does not hold itself out to the public as being in the busi ness of motor vehicle repair (e.g., a maintenance shop that works only for the school board) makes the modification.

Question 4: If the changeover is allowed, must the new unit (new chassis with used body) be re-certified to meet FMVSS requirements? If it must be re-certified, who may provide the inspection and re-certification?

As I stated in my answers to Questions 2 and 3, under certain circumstances, the vehicle must be recertified by the refurbisher. The refurbisher is responsible for the vehicle's compliance status just as any vehicle manufacturer, and must be able to sho w that he exercised due care in certifying the vehicle. The agency examines issues of due care on a case-by-case basis evaluating all relevant facts. This evaluation would include assessing technological limitations, availability of test equipment, the market position of the manufacturer, and most importantly, the degree of manufacturer diligence.

I hope you find this information helpful.

ID: nht94-4.22

TYPE: INTERPRETATION-NHTSA

DATE: September 7, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: David Ori, Manager -- Bureau of Motor Vehicles, Vehicle Control Division, Harrisburg, PA

TITLE: NONE

ATTACHMT: Attached to letter dated 05/06/94 from David L. Ori to Jim Gilkey (OCC 9977)

TEXT: This responds to your letter to Mr. James Gilkey of this agency's Office of Vehicle Safety Compliance, requesting confirmation of your understanding of the applicability of Federal Motor Vehicle Safety Standard No. 205 to certain limousines. You were co ncerned about the permissibility of applying sun screening or window tinting to such vehicles during the original manufacturing process, and during the "second stage or alteration phase of the manufacturing process."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Und er this authority, NHTSA issued Standard No. 205, "Glazing Materials," to specify performance requirements for various types of glazing and to specify the location in the vehicles in which each item of glazing may be used. One provision in Standard No. 205 requires a minimum of 70 percent light transmittance in any glazing area requisite for driving visibility. The primary purpose of this requirement is to ensure adequate visibility through the vehicles's windows, thereby reducing the risk of a motor v ehicle crash.

NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. NHTSA's certification regulations are set forth in 49 CFR Part 567. Under this regulation, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards, including Standard No. 205. As you correctly state, second stage manufacturers and alterers also have cer tification responsibilities. Specifically, a final stage manufacturer is responsible for certifying a vehicle pursuant to 49 CFR @ 567.5. Accordingly, you are correct that a final stage manufacturer is required to certify that its finished product, incl uding the glazing materials, complies with all applicable Federal safety standards.

A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards. 49 CFR @ 567.7. However, this provision does not apply to the "addition, substitution, or removal of readily attach able components ... or minor finishing operations, such as painting." NHTSA views the addition of window tint film as a "minor finishing operation." Accordingly, a person adding such tint film would not be considered an alterer and therefore would not be subject to certification responsibilities.

However, aside from certification responsibilities, pursuant to 49 U.S.C. @ 30112a, "a person may not ... sell, offer for sale, [or] introduce or deliver for introduction in interstate commerce ... any motor vehicle...unless the vehicle...complies with [ all applicable standards]." Thus, it would be a violation of the statute to sell a new vehicle whose windows which are requisite for driving visibility had been tinted to allow less than 70 percent light transmittance.

Moreover, with respect to vehicles that are no longer new, a motor vehicle manufacturer, distributor, dealer, or repair business "may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor veh icle equipment in compliance with an applicable motor vehicle safety standard." Thus, a person in any of these categories may not apply tint film that would cause the light transmittance of the glazing requisite for driving visibility to be under 70 perc ent.

You stated your belief that limousines that seat less than 10 persons may not be equipped with any sun screening or window tinting product, since such products would violate Standard No. 205. We wish to clarify one aspect of your statement. Limousines that seat less than 10 persons are considered "passenger cars" n1 under NHTSA's regulations. NHTSA considers all windows in a passenger car to be requisite for driving visibility; accordingly, all windows in a passenger car/limousine must have a minimum 70 percent light transmittance. However, please note that tinting may be used in these vehicles, provided the tinted windows meet the minimum 70 percent light transmittance requirement.

n1 The agency defines "passenger car" as a "motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less." In turn, "multipurpose passenger vehicle" is defined as a "motor v ehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed on a truck chassis or with special features for occasional off-road operation." A "bus" is defined as a "motor vehicle with motive power, except a trail er, designed for carrying more than 10 persons."

You further asked whether a limousine that seats 10 or more persons is subject to the Federal window tinting requirements. A limousine with a capacity of more than 10 persons is considered a "bus" under our regulations. There are specific requirements in Standard No. 205 that apply to buses (or bus/limousines). Under these requirements, only the windshield and the windows to the immediate left and right of the driver are considered to be requisite for driving visibility (if they are equipped with dua l outside mirrors satisfying section S6.1 (b) of Standard No. 111), and thus subject to the minimum 70 percent light transmittance requirement. The windows to the rear of the driver in a bus/limousine, including the rear side and rear windows, are not r equired to meet the light transmittance requirement. Accordingly, Standard No. 205 does not prohibit the use of tinted glazing materials for bus/limousine windows to the rear of the driver when the vehicle is equipped with dual outside mirrors larger th an those usually used on passenger cars.

I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992.

ID: 0473

Mr. John Sheppard
Sales and Marketing Manager
Reflexite Canada, Inc.
6790 Kitimat Road, Unit 18
Mississauga
Ontario L5N 5L9
Canada

Dear Mr. Sheppard:

We have received your letter of November 2, 1994, asking whether certain conspicuity material could be used on trailers required to meet S5.7 of U.S. Federal Motor Vehicle Safety Standard No. 108. You have enclosed samples of the material.

The material alternates red and white stripes "oriented at a 45 degree angle to the edge of the roll." Rolls are either 6 or 8 inches in width and "will not have DOT-C2 marking." In addition, we note that the horizontal length of the red segments is 5 1/2 inches (and presume an equal length for the white segments). Specifically, you have asked whether this material could "be applied to the lower edge of the vehicle's rear doors as a compliant substitute for the 2" 'block pattern' material currently being used?"

Paragraph S5.7's specifications for conspicuity material are intended to ensure uniformity of treatment in order to enhance the ability of drivers of other vehicles to detect large objects in the roadway under conditions when headlamps are used. While S5.7 does not require that the red and white color segments be rectangular, it does establish requirements for their length and width. Under S5.7.1.3(b), each segment shall have a length of 300 mm +/- 150 mm. The color segment separation of 5 1/2 inches on your sample is approximately 140 mm, and thus below the minimum permitted by the standard. Although currently, under S5.7.1.3(d), three widths of retroreflective material are permissible: 50 mm (DOT-C2), 75 mm (DOT-C3), and 100 mm (DOT-C4) and your widths of 6 inches (150 mm) and 8 inches (200mm) do not conform to these specifications, the agency has proposed that these be minimum minimum widths for the DOT grades indicated. We expect a final rule to be issued on this proposal in the near future.

Because the retroreflective material discussed above would not comply with Standard No. 108's requirements for color segment length (and currently width), it could not be used as a substitute for the DOT-C2 material that you currently manufacture. Further, geometrically and photometrically complying material would require the appropriate DOT grade identification marking for use on a trailer required to comply with Standard No. 108.

Sincerely,

Philip R. Recht Chief Counsel ref:108 d:12/7/94

ID: 1982-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 03/30/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Norton Motors Limited

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 5, 1982, asking whether a proposed motorcycle taillamp assembly would comply with Motor Vehicle Safety Standard No. 108.

As you point out, the standard requires a minimum distance of 4 inches edge to edge between turn signal lamps and stop/tail lamps. Since you state that you cannot achieve this with your design, the lamp as currently designed would not be permitted by our standard. This will confirm the oral interpretation provided by Taylor Vinson of this office when you telephoned on March 22.

You will be interested to know that we are presently studying side and rear conspicuity of motorcycles. This research is being conducted by Ketron in Philadelphia. Pennsylvania, and the final report is expected in July 1982 should you wish to obtain a copy of it from us.

As you requested confidential treatment of your engineering drawing, we are returning it to you.

ENC.

CONFIDENTIAL DRAWING

NORTON MOTORS (1978) LIMITED

MARCH 5, 1982

Frank Berndt Legal Counsel National Highway Traffic Safety Administration Dept of Transportation

Dear Sir,

NORTON REAR LAMP UNITS 92-1068

1. We have designed a new rear lamp unit, and enclose a print of the drawing, which we would ask you to regard as confidential.

2. As you will see, the rear lamp unit comprises a very wide stop/ tail light assembly, with three separate lenses.

3. Your regulation (MVSS 108 issue 1, March 79) calls for minimum horizontal separation centre line to centre line, of 9 inches between turn signal lamps. Ours are 12.2 inches apart.

4. However, you also call for a minimum distance of 4 inches, edge to edge between turn signal lamps and stop/tail lamps. This we cannot achieve because of our very wide rear light.

5. We feel the wide rear light makes a positive contribution to road safety. We need your assistance to determine whether or not you consider this rear lamp unit satifies the spirit of your legislation, if not the letter.

We shall await your reply with great interest, and thank you for your assistance.

G.K. BLAIR SALES MANAGER

ID: nht71-5.55

DATE: 05/13/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Patton; Blow; Verrill; Brand & Boggs

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 3, 1971, requesting an additional interpretation of the Tire Identification and Record Keeping Regulation.

If in fact, the vehicle manufactured is not considered a motor vehicle within the meaning of the Act and the mini-bike interpretation (34 F.R. 15416) (copy enclosed), then Part 574, the Tire Identification and Record Keeping Regulation, and section 113 (15 U.S.C. 1402) will be inapplicable.

SINCERELY,

PATTON, BLOW, VERRILL, BRAND & BOGGS

May 3, 1971

Lawrence R. Schneider, Esq. Acting Chief Counsel, NHTSA

Re: Your reference 40-30

Thank you for your letter of April 28th in response to my letter of April 12th which requested confirmation of my interpretation of certain requirements of MVSS Part 574. Your reply raises an additional question which I would appreciate having answered by your office.

Your letter states that "the regulation does not apply to tires manufactured exclusively for the [off-road vehicle]." The underscored words "manufactured exclusively" concern me inasmuch as I pointed out in my April 12 letter that Cushman frequently utilizes DOT coded tires on golf carts and other off-road vehicles -- that is, tires that could also be used on on-road vehicles. The question remains, therefore, whether the record-keeping requirements as well as the requirements of Section 15 U.S.C. @ 1402 apply in the case of tires that could be used for either on-road or off-road vehicles but are in fact utilized on off-road vehicles.

In light of the foregoing, I find it necessary to repeat my request for confirmation of the analysis made in my April 12 letter as follows:

"As I understand it, Cushman is not required to follow the Part 574 record keeping with respect to tires installed

2 on such vehicles [off-road], nor would the other requirements of 15 U.S.C. @ 1402 apply. Further, as I read Part 574, Cushman has no obligation to report to the tire manufacturer any information regarding tires purchased for installation on off-road vehicles."

In the event that you have any questions in connection with the foregoing, please do not hesitate to contact me.

Charles O. Verrill, Jr.

ID: nht73-4.18

DATE: 05/08/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: National Tire Dealers & Retreaders Association, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 21, 1973, in which you ask how retreaded tires are to be tested to the strength requirements (plunger-energy) of Standard No. 117 (S5.1.1, incorporating by reference S4.2.2.4 of Standard No. 109). You appear to believe testing to the requirement is precluded because Standard No. 117 contains no requirement that the cord material be labeled onto the tire, and the plunger-energy requirements specify different performance levels for differing cord materials.

While Standard No. 117 does not require the generic name of the cord material to be labeled onto the retreaded tire, we expect that it will be found on most tire casings and will be available to the retreader on all post "DOT" casings, and on many pre-DOT casings as well. If a retreaded tire is not labeled with its cord material, the strength test can still be conducted. It is not necessary to know the cord material before the plunger-energy values are obtained. Once they are obtained, a sample can be removed from the tire, from which the material can be determined.

March 21, 1973

Mr. Michael Pescoe, Counsel National Highway Traffic Safety Administration

We would like to forward to you a question on Federal Retread Standard 117 raised by one of the companies in the industry: "As specified in S4.2.2.4 Tire Strength, each tire shall meet the requirement for minimum breaking injuries specified in Table 2, when tested in accordance with S5.3 of Safety Standard 109. My question is, the labelling specification S6.3 has no provision for fabric identification. Without cord type the Plunger Energy test, as specified in F.M.V. S.S. 109, cannot be performed because of the different minimum force values for different types of cord. In other words the minimum force is 1650 lbs. for a Rayon tire with a cross section of 6 inches or above. While the specification is 2600 lbs. for Nylon and Polyester cord with the same cross section width. Cord identification is required for testing in compliance with M.V.S.S. 117. What do we do now?"

As soon as we receive your answer, we will forward it on to the company that requested it.

Phillip P. Priedlander, Jr. Director of Communications