Interpretation ID: 1985-03.13

TYPE: INTERPRETATION-NHTSA

DATE: 07/10/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; SOURCE UNAVAILABLE

TO: Mr. Donald H. Giberson

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation

National Highway Traffic Safety Administration

Mr. Donald H. Giberson Assistant Director Division of Motor Vehicles Department of Law and Public Safety 25 South Montgomery Street Trenton, New Jersey 08666

Dear Mr. Giberson:

Thank you for your letter of May 17, 1985, to Stephen Oesch of my staff concerning the decorative etching of glazing in vehicles and how it may be affected by our regulations. You explained that the etching is apparently being done by using either vibrator tools with carbide tips, ultra high speed grinders, or sandblasters. You expressed concern that the integrity of the glass may be affected and in some cases the etching is in a position that obstructs the vision of the driver.

You further explained that glazing with etching that obstructs the driver's vision is rejected by your inspectors during New Jersey's annual motor vehicle inspection, but that glazing in areas not used for driving vision cannot be rejected for the same reason. You asked for our comments on this issue.

I hope that the following discussion of how our regulations could affect the practice of etching glass is of assistance. As you know, our agency has issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which sets performance requirements for glazing materials used in new vehicles or sold as items of replacement equipment; a copy of Standard No. 205 is enclosed. If the windows are etched before the vehicle or the piece of replacement glazing is sold, then the person doing the etching would have to certify that the glazing continues to be in compliance with all of the requirements of Standard No. 205, including the light transmittance requirement for glazing in areas requisite for driving visibility. We would be particularly concerned whether the etched items of glazing would continue to comply with the impact resistance requirements of the standard. Please note that impact tests have to be met by items of AS1, AS2, AS3, AS4, AS5, AS8, AS9, AS1O, AS11A, AS11B and AS14 glazing regardless of whether the glazing is used in an area requisite for driving visibility. Purchasers of a new vehicle or glazing may themselves alter the vehicle or glazing as they please, so long as they adhere to all State requirements.

If the etching is done in used vehicles, then Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act may apply; a copy of that section of the Act is enclosed. That section provides that no manufacturer, distributor, dealer or motor vehicle repair business 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 those persons may etch a vehicle's glazing if by so doing they would knowingly render inoperative the compliance of the vehicle's glazing with Standard No. 205. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.

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

Sincerely,

Jeffrey R. Miller Chief Counsel

May 17, 1985

Mr. Stephen Oesch Office of Chief Council NHTSA 400 - 7th Street S.W. Washington, DC 20590

Dear Mr. Oesch:

It has come to our attention that the glazing on many vehicles registered in New Jersey, is being decoratively etched after it has been installed in the vehicle by the manufacturer. We know of three methods being used to etch the glass.

Most people are using vibrator tools with carbide tips, but others are using ultra high speed grinders or sandblasting techniques. The vibrators often leave grooves in the glass deeper than those which could be inscribed with a glass cutting tool.

We are concerned with this problem because the integrity of the glass may be affected and in some cases the etching is in a position that vision is obstructed.

I have enclosed three pictures of vehicles equipped with etched window glass. In each of these cases, the etching is in a position which will interfere with driver visibility. Therefore, the glazing would be rejected during annual inspection and the hazard eliminated.

Etching which is placed on glazing in areas not used for drivers visibility cannot be rejected for the same reason. Although there is a strong likelihood that the glass has been weakened, we are not sure how to handle such cases.

Your advice on this matter would be appreciated. If you need additional information, please advise. Thank you for your consideration.

Sincerely,

Donald H. Giberson Assistant Director

DHG:WH:rc

Enclosures

cc: Edward Jettner, NHTSA Edward Gyarfas, NJ DMV