Interpretation ID: GF003817

Mr. Jim McCann
Blok-Mor Sunvisors, LLP.
3101 South Tyler
Amarillo, TX 79109

Dear Mr. McCann:

This responds to your letter of April 27, 2004, asking whether any Federal Motor Vehicle Safety Standards (FMVSS) apply to sun visors.

By way of background, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

There are two FMVSSs that are applicable to sun visors. FMVSS No. 201, Occupant protection in interior impact (copy enclosed), establishes performance requirements designed to reduce the risk of injury in the event an occupant strikes the interior of a vehicle during a crash. With respect to sun visors, section S5.4 of the standard requires that the visor be "constructed of or covered with energy-absorbing material" and that the visors mounting must "present no rigid material edge radius of less than 3.2 mm that is statically contactable by a spherical 165 mm diameter head form."The purpose of this requirement is to reduce the injuries that occur when occupants strike the visor or visor mounting with their heads. We note that the diagram attached to your letter appears to show certain visor components or attachments that may not be constructed of or covered with energy-absorbing material. In addition, S8.5 allows sun visors to be placed in any adjustment position as long as one side is in contact with the vehicle interior surface during a free-motion headform (FMH) impact test. Thus, depending on the placement of the sun visor, it could be impacted by the FMH during testing. The performance requirement is that the head injury criterion, calculated from the resultant acceleration of the FMH in accordance with S7, shall not exceed 1,000.

In addition to FMVSS No. 201, a sun visor must conform to the flammability resistance requirements of FMVSS No. 302, Flammability of interior materials (copy enclosed). This standard establishes flammability resistance requirements for certain vehicle components, including sun visors.

Please note that any sun visor designed for use on a motor vehicle is an item of "motor vehicle equipment" and is subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective item of motor vehicle equipment and remedying the problem free of charge. In certain circumstances, a manufacturer of a noncomplying product may also face a civil penalty of up to $5,000 for each noncomplying item it produces.

Additionally, under 49 U.S.C. 30122, a manufacturer, distributor, dealer, or motor vehicle repair business "may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle" pursuant to an applicable Federal motor vehicle safety standard. Depending on the circumstances, installation of a noncomplying sun visor after the initial sale of the motor vehicle could be viewed as a violation of this "make inoperative" provision.

I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:201
d.7/8/04