Interpretation ID: 1985-02.9

TYPE: INTERPRETATION-NHTSA

DATE: 04/04/85

FROM: JEFFREY R. MILLER -- CHIEF COUNSEL NHTSA

TO: ARMOND CARDARELLI -- DIRECTOR, SAFETY EQUIPMENT SERVICES AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 04/13/89 FROM ERIKA Z. JONES -- NHTSA TO MABEL Y. BULLOCK, REDBOOK A33, STANDARD 205, VSA 103(D), VSA SECTION 108 (A)(2)(A); LETTER FROM MABEL Y. BULLOCK AND LACY H. THORNBURG TO SUSAN SCHRUTH -- NHTSA RE WINDOW TINTING, FEDERAL PRE-EMPTION OF STATE REGULATIONS, OCC 2142; NORTH CAROLINA STATUTE REGULATING WINDOW TINTING; LETTER DATED 12/18/87 FROM LACY H. THORNBURG AND MABEL Y. BULLOCK, SUBJECT MOTOR VEHICLES REGULATIONS OF DARK SHADED WINDOWS; PREEMPTION; LETTER DATED 05/06/88 FROM DAIRL BRAGG TO WILLIAM S. HIATT; LETTER DATED 10/28/82 FROM FRANK BERNDT -- NHTSA TO LAWRENCE T. HIROHATA, N0A-30; REGULATIONS DATED 07/01/85 EST, FEDERAL AUTO SAFETY LAWS AND MOTOR VEHICLE WINDOW TINTING

TEXT: Dear Mr. Cardarelli:

Thank you for your letter of February 1, 1985, concerning the application of Standard No. 205,Glazing Materials, to sun-screening materials used on vehicle glazing. I hope that the following discussion will answer your questions.

You first asked if Standard No. 205 regulates the use of sun-screening materials. Standard No. 205 affects the use of sun-screening materials in the following ways. Standard No. 205 sets performance requirements that all glazing used in new motor vehicles and all glazing sold as aftermarket equipment for use in motor vehicles must meet. One of the requirements of the standard is that, as explained in more detail in response to your second question, all windows requisite for driving visibility must have a light transmittance of at least 70 percent. Another is that glazing for use in those areas must meet specified requirements for resistance to abrasion.

Manufacturers of new vehicles must certify that the glazing in windows requisite for driving visibility, whether clear or tinted, conforms with the light transmittance of other requirements of the standard. Likewise, if a dealer or other person places sun-screening material on glazing in a new vehicle prior to sale of the vehicle, that person must certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Thus, for example, the light transmittance through the combination of the sun-screening material and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the other applicable requirements of the standard, such as the abrasion resistance requirements.

Purchasers of new vehicles may alter the vehicles as they please, so long as they adhere to all State requirements. There are no requirements under the National Traffic and Motor Vehicle Safety Act which would limit such alterations. However, certain commercial establishments must not install alterations. However, certain commercial establishments must not install tinted film or other sun-screening material on windows if the combination of the sun-screening material and glazing cannot meet the requirements of Standard No. 205. Section 108(a)(2)(A) of the Vehicle Safety Act provides that no manufacturer, distributor, dealer or motor vehicle repair business

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shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of these persons may knowingly install a film or other sun-screening material on a used vehicle for its owner if that act would render inoperative the compliance of the vehicle's glazing with Standard No. 205. Violators of this prohibition are subject to Federal civil penalties up to $ 1,000 for each violation.

State laws which are inconsistent with these Federal requirements are preempted. Any State law or regulation which would permit any person to install sun-screening material on a new vehicle in violation of Standard No. 205 is preempted under section 103(d) of the Vehicle Safety Act. For example, a State law which specifies a transmittance level less than 70 percent for windows requisite for driving visibility would be preempted. The adoption or retention of such a law would have no effect on the illegality of that installation under Federal law. Further, any State law or regulation that would permit manufacturers, distributors, dealers or motor vehicle repair businesses to install sun-screening material on a vehicle after its first sale in violation of section 108(a)(2)(A) of the Vehicle Safety Act is also preempted.

Your second question asked which windows in passenger cars, trucks, buses, and multipurpose passenger vehicles must meet the luminous transmittance requirements of Standard No. 205. In particular, you asked if the luminous transmittance requirements apply to opera windows and sun roofs. The specification for light transmittance applies to all windows, including opera windows, in a passenger car. It does not, however, apply to car sun roofs. As to trucks, buses, and multipurpose passenger vehicles, it only applies to the windshield and the windows to the immediate right and left of the driver. Thus, none of these windows may be darkly tinted. However, the windows to the rear of the driver in trucks, buses, and multipurpose passenger vehicles are not required to meet the 70 percent light transmittance requirement and thus may be darkly tinted.

Your third question asked if the luminous transmittance requirements apply to the windows behind the driver in passenger cars or station wagons if those vehicles are equipped with an exterior mirror on the right side of the vehicle. The answer is that those windows must still meet the luminous transmittance requirements of Standard No. 205.

If you have any further questions, please let me know.

Sincerely,