Interpretation ID: aiam3517
House of Representatives
Washington
DC 20515;
Dear Mr. Sharp: This responds to your recent letter requesting information on behalf o your constituent, Mr. Mark Lecher. Mr. Lecher is under the impression that there is some new law 'banning cars with dark-tinted windows.' He is particularly concerned that he will have to replace the windows on his Datson (sic) pickup.; The National Highway Traffic Safety Administration issues safet standards and regulations governing the manufacture of new motor vehicles and motor vehicle equipment. There is a safety standard which specifies performance and location requirements for glazing materials used on motor vehicles (Standard No. 205). However, the requirements of this standard as they relate to tinting have not changed in years. The standard currently requires the windshield and front side windows in cars and trucks (i.e., windows necessary for driving visibility) to have a luminous transmittance of at least 70 percent. Other windows may be tinted as darkly as the manufacturer wishes. If the windows in Mr. Lecher's pickup were factory-installed, they are presumably in compliance with Standard No. 205. Therefore, Mr. Lecher should not worry about having to alter his windows. There is no new Federal law or regulation, nor any proposed rule, to change the requirements of Standard No. 205 in this regard.; Mr. Lecher might be referring to a State law or regulation. W understand that some states are considering prohibitions against the use of dark tinting films which can be applied to existing vehicle windows. Such State laws would not require Mr. Lecher to alter the windows on his pickup, however, if the windows are the original glazing installed by the manufacturer in compliance with the Federal standard. This is because Section 103(d) of the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1392, *et seq*.) pre-empts any state law which is applicable to the same aspect of performance as a Federal safety standard.; Standard No. 205 would pre-empt any State law which attempted t specify the amount of tinting that a piece of new motor vehicle glazing could have. Standard No. 205 would not pre-empt a State law which prohibits the applications of films or decals on existing glazing, however, since Standard 205 does not apply to the use of glazing after it has been purchased by a consumer. I suggest that Mr. Lecher contact his State Department of Motor Vehicles to find out about any activity in this area.; I am enclosing a copy of the Vehicle Safety Act for Mr. Lecher' information.; Sincerely, Frank Berndt, Chief Counsel