Interpretation ID: 1983-1.32

TYPE: INTERPRETATION-NHTSA

DATE: 03/22/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Hon. D. L. Boren, U.S. Senate

TITLE: FMVSS INTERPRETATION

TEXT:

March 22, 1983 NOA-30

The Honorable David L. Boren United States Senate Washington, D.C. 20510

Dear Senator Boren:

This responds to your recent letter requesting information on behalf of one of your constituents, Mr. John H. Kiser. Mr. Kiser is concerned about the growing practice of persons installing "privacy glass" or "one-way plastic films" on passenger car windows. He believes this is a dangerous practice because it prevents law enforcement officers and other drivers from seeing inside the vehicles. Mr. Kiser thinks there should be Federal laws to prevent such installations in passenger cars.

A Federal regulation already exists which, under certain circumstances, precludes the practice referred to by Mr. Kiser. The National Highway Traffic Safety Administration has the authority to govern the manufacture of new motor vehicles and motor vehicle equipment. Pursuant to the National Traffic and Motor Vehicle Safety Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.

The agency has stated in past interpretations that solar films such as the type referred to in Mr. Kiser's letter are not glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Section 108(a)(1) prohibits any person from offering for sale or selling any motor vehicle or equipment that fails to comply with applicable safety standards.

After a new vehicle has been sold to the consumer, he may alter his vehicle as he pleases, so long as he adheres to all State requirements. Under Federal law, the owner could install the tinting film on glazing in his vehicle whether or not such installation adversely affected the light transmittance and abrasion resistance of his vehicle's glazing. It should be noted, however, that section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act 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. "Render inoperative" means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to the Federal safety standards. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.

The preceding discussion regarding tinting films would be equally applicable to "one-way privacy glass," if such glass did not have a luminous transmittance of at least 70 percent. This means that such glass could not be installed by a dealer on new passenger cars prior to their first sale, nor by the persons mentioned in section 108(a)(2)(A), on used vehicles, to replace complying glazing.

The individual States must govern the operational use of vehicles by their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mr. Kiser may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, Illinois 60204) to find out which States have laws that would preclude owners from placing solar film on their automobile windows.

I am enclosing a copy of Safety Standard No. 205 for Mr. Kiger's information. Please contact Hugh Oates of my staff if you have any further questions (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel

2 Enclosures Constituent's Letter Standard No. 205

United States Senate

February 28, 1983

Respectfully referred to:

Congressional Liaison Dept. of Transportation Washington, DC

PLEASE RESPOND TO ATTENTION OF: SS

Because of the desire of this office to be responsive to all inquires and communications, your consideration of the attached is requested. Your findings and views, in duplicate form, along with return of the enclosure, will be appreciated by

-------------------- U.S.S. David L. Boren

We think this subject is a matter for State legislation not federal. Would appreciate your views since he will not give up.

February 18, 1983

216 Bluebird Drive Midwest City, OK 73110

Senator David L. Boren Russell Senate Office Bldg Washington, D. C. 20510

Dear Senator Boren:

In October 1981 I wrote to you regarding control of privacy glass or one way plastic film in or on windshields, drivers window and passenger window.

Your November 4, 1981 reply advised that I should discuss the problem with local representative or senator.

I have said nothing to them and have delayed writing to your office again as I thought legislation might originate from another source. It seems to me that federal instead of state legislation is called for. If Oklahoma had a law prohibiting such privacy glass a traveler would be just as dead if killed as a result of a driver in another state having such privacy glass. A uniform stand is necessary so that:

a. Law enforcement officers can see who is inside or what weapons they might be pointing it at the officer.

b. Other drivers can see if driver approaching intersection is looking at all cars or changing the tuning of his radio.

c. Condition of driver can be determined by others.

Sincerely

John H. Kiser