Interpretation ID: nht87-2.84

TYPE: INTERPRETATION-NHTSA

DATE: 09/01/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. William A. Jones

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William A. Jones The National Windshield Repair Service 7214 W. Melrose Lame

Dear Mr. Jones:

This is in response to your letter to Mr. Stephen Oesch, formerly of my staff, concerning the agency's position on the use of windshield repair, as opposed to replacement, for motor vehicles. I apologize for the delay in this response. You indicate that you are very much interested in the credibility of windshield repair as a viable alternative to windshield replacement, and that you seek any information the agency can provide in the development of safety standards regarding the repair process. We have the following comments.

The National Highway Traffic Safety Administration (NHTSA) is responsible for issuing safety standards that apply to new motor vehicles and motor vehicle equipment. However, NHTSA does not approve, endorse, or offer assurances of compliance to any motor vehicles, motor vehicle equipment, or commercial services. Rather, each manufacturer must certify that its product meets all applicable Federal motor vehicle safety standards. Accordingly, we have never offered an opinion on the relative merits of repair ed vs. replaced windshields. That choice is left for the market to decide, subject to the limitations set forth below.

The Federal motor vehicle safety standards apply to new motor vehicles and motor vehicle equipment. A manufacturer must certify that its motor vehicle meets the requirements of all applicable federal motor vehicle safety standards before the motor vehicl e is sold to the consumer for the first time. One of the standards with which a manufacturer must certify that the vehicle complies is Standard No. 205, Glazing Materials. If for some reason a windshield must be repaired before a new vehicle is sold to a consumer for the first time (for example, if the windshield is damaged in transit from the manufacturer to the dealer's place of business), the person making the repairs would be considered an alterer under our regulations (see 49 CFR Part 567). As an a lterer, the person must certify that the windshield on the vehicle continues to comply with all of the requirements of Standard No. 205, regardless of whether the windshield was repaired or is a replacement windshield.

Once the vehicle has been sold to a first purchaser for purposes other other than resale, any repairs or replacement of the windshield are restricted only by the provision of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U .S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from "knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipme nt in compliance with an applicable Federal motor vehicle safety standard." This agency has stated in a September 3, 1981 letter to the National Glass Dealers Association that NHTSA does not consider repairing a damaged windshield to constitute rendering inoperative with respect to Standard No. 205, even if the repaired windshield does not meet the requirements of the standard once repaired. This is because the agency considers the object or event which damaged the windshield in the first place, not the repair shop, to have rendered the windshield inoperative with respect to Standard No.205. However, the repair shop must exercise caution that it does not render another part of the vehicle or element of design inoperative with respect to another applica ble Federal motor vehicle safety standard in the course of fixing a damaged windshield. If this here the case, the repair shop could be in violation of section 108(a)(2)(A).

The Safety Act also places responsibilities on any manufacturer of a windshield repair kit. Such a manufacturer is considered a manufacturer of motor vehicle equipment and is subject to the requirements of sections 151-159 of the Safety Act (15 U.S.C. 14 11-1419) concerning the recall and remedy of products with defects related to motor vehicle safety.

These are the only requirements that we have with respect to windshield repair. I can offer a suggestion in response to your request for information to help develop standards for windshield repair. You stated in your letter that you are a member of both ANSI and ASTM. One way for you, as an advocate of windshield repair, to try to ensure the reliability or efficiency of windshield repair would be to work with ANSI and ASTM to adopt product design and repair practices that result in repaired windshields meeting the performance requirements of Standard No. 205.

If you have further questions or need additional information on this subject, please feel free to contact Susan Schruth of my staff at this address or by telephone at (202) 3662992.

Sincerely,

Erika Z. Jones Chief Counsel

December 10, 1986

Mr. Steve Oesch NHTSA 400 7th St. S.W. Washington, D.C. 20590

Dear Mr. Oesch:

I recently talked with Clark Harper, at the Office of Vehicle Safety Standards, who informed me that National Windshield would have to write to you to request the information that we needed. We are interested in the Department of Transportation's standin g of the use of windshield repair, as opposed to replacement, on motor vehicles.

We are members of the American National Standards Institute (ANSI) and the American Society of Testing and Materials (ASTM). We, at National Windshield, are very much interested in the credibility of windshield repair as a viable alternative to windshiel d replacement. We feel that whatever information the Department of Transportation can supply us will be very helpful in the development of safety standards regarding the repair process.

If there is any other information that you need about us please feel free to write or call. Your help concerning this matter will be very much appreciated. Thank you.

Sincerely,

The National Windshield Repair Service, Inc.

William A. Jones President