Interpretation ID: 1985-03.6

TYPE: INTERPRETATION-NHTSA

DATE: 07/03/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Don Benfield, Sales Manager

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation National Highway Traffic Safety Administration

Mr. Don Benfield, Sales Manager "Express Yourself Company" P.O. Box 2357 Anderson, IN 46018

Dear Mr. Benfield:

Thank you for your letter of April 12, 1985, concerning state regulations that might affect a product you are considering. You explained that your product would fit inside the rear window of a vehicle. While we do not have information on state laws, I can explain the possible effect of Federal law on your potential product. I suggest you contact vehicle safety officials in the states in which you plan to sell your product to learn of their laws.

The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. The agency has issued Federal Motor Safety Standard No. 205, Glazing Materials, which sets performance requirements for glazing materials used in new motor vehicles and glazing materials sold as items of replacement equipment; a copy of the standard is enclosed. If your product is mounted on, rather than inside, the rear window, it could be affected by Standard No. 205.

The performance requirements of the standard include ones regulating the light transmittance and abrasion resistance of glazing. Manufacturers of new vehicles must certify that the glazing in windows requisite for driving visibility conforms with the light transmittance and other requirements of the standard. If a manufacturer or dealer places your product on the rear window in a new vehicle prior to the sale of the vehicle, that person must certify that the glazing continues to be in compliance with the requirements of Standard No. 205.

In 1974, Congress amended the National Traffic and Motor Vehicle Safety Act to address the problems of persons tampering with safety equipment installed on a motor vehicle by adding section 108(a)(2)(A) to the Act. That section provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor safety standard....

Thus no manufacturer, distributor, dealer, or motor vehicle repair business may add material to the glazing materials of a motor vehicle, if that material would render inoperative the glazing's compliance with Standard No. 205.

Section 108(a)(2)(A) does not establish any limitations on an individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual vehicle owners can themselves install any material they want on their vehicles, regardless of whether that material would render inoperative the compliance of the vehicle's glazing with the performance requirements of Standard No. 205.

If your product is not mounted on the window itself, it still may be affected by our standards. Standard No. 111, Rearview Mirrors, sets performance requirements for rearview mirrors; a copy of the standard is enclosed. The standard provides that each inside rearview mirror must provide a specified field of view to the rear of the vehicle. If the field of view of the inside mirror in a new vehicle is obstructed by anything other than head restraints or seated occupants, then an outside rearview mirror must be provided on the passenger's side of the vehicle.

Thus, if your product were mounted inside the rear window of a new vehicle by a manufacturer or dealer at the time of its sale, and if installation of your product would mean that the inside rearview mirror would no longer comply with the applicable field of view requirements, they would have to ensure the vehicle was equipped with the necessary additional mirror required by Standard 111. Just as with Standard No. 205, section 108(a)(2)(A) would apply to the installation of your product in used vehicles by manufacturers, distributors, dealers, and motor vehicle repair shops. Thus, if your product is mounted inside the rear window and its installation would mean that the inside rearview mirror would no longer comply with the applicable field of view requirements, an outside passenger side mirror would have to be installed. Again, section 108(a)(2)(A) does not limit the actions of individual vehicle owners.

If you have further questions, please let me know.

Sincerely, Jeffrey R. Miller Chief Counsel Enclosures

"EXPRESS YOURSELF COMPANY" P.O. Box 2357 ANDERSON, IN 46018

April 12, 1985 TO U.S. National Highway Traffic Safety Adm. 400 7th Street, S.W. Washington, D.C. 20590

Dear Sirs;

We are currently doing Research & Development work on a new product that will fit inside the rear window of a vehicle.

Can you supply us with any information on the law in each State concerning Car rear windows or any state legislation concerning automobile rear windows?

THANKS for your time and any help you can give us.

Sincerely yours, Don Benfield Sales Manager