Interpretation ID: nht87-2.7

TYPE: INTERPRETATION-NHTSA

DATE: 06/10/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: David C. Maroon -- The Sentinel Group

TITLE: FMVSS INTERPRETATION

TEXT:

David C. Maroon The Sentinel Group P.O. BOX 905 Miami, FL 33137-0905

Thank you for your letter to Stephen Oesch of my staff concerning Standard No. 205, Glazing Materials. I regret the delay in our response. You explained that your company represents, on an exclusive basis, a number of different manufacturers of both wind shields and tempered glazing materials for automobiles. You asked whether it is possible to consolidate these different manufacturers "into one identity by using both one DOT number assigned to the Sentinel group as well as one universal logo.: As explai ned below, the answer is yes with regard to using one logo, but no with regard to using one DOT certification number.

S6 of Standard 205 specified certification and marking requirements for manufacturers and distributors of glazing material for use in motor vehicles and motor vehicle equipment. All glazing material must be marked both with the basic identifying informat ion specified in section 6 of the ANSI standard Z26.1 (as modified by S6.1 of Standard 205) and with a certification that the glazing meets the requirements of all applicable federal motor vehicle safety standards. Different certifications are specified for prime manufacturers and other manufacturers/distributors of glazing material (contained in paragraphs 56.2 through S6.2 of the standard).

Further distinction in certification requirements for prime manufacturers depends on whether the glazing is designed for use in a specific motor vehicle or camper, or whether the glazing is designed to be cut into components for use in motor vehicles or items of motor vehicle equipment. (A prime manufacturer is defined in 56.1 of the Standard as one who fabricates, laminates or tempers the glazing material, as opposed to one who alters or cuts an already manufactured piece of glazing.)

Since you indicate in your letter that the manufacturers you represent make windshields and tempered glazing materials for automobiles, we assume that the glazing is manufactured by the prime manufacturer and is designed for use in a specific motor vehic le or camper. In this case, the S6.2 certification requirements apply, which include marking each piece of glazing material with the symbol DOT and a manufacturer's code mark, assigned by NHTSA.

The purpose of the manufacturer's code mark is to aid the agency in identifying the actual manufacturer of the glazing for the purpose of defect and noncompliance recall campaigns. Accordingly, the agency only issues a code mark to a manufacturer that ac tually fabricates, laminates or tempers glazing material. We have found the code mark to be an effective method to identify the manufacturer for enforcement purposes.

Because of this, the agency is less concerned that the distinctive logo be for the same company as that which the code mark indicates. for example, in a November 7, 1983, letter to the Libby-Owens-Ford Company, the agency stated that so long as the manuf acturer places its DOT code mark on the glazing materials, the tracing and enforcement policies would not be circumvented and the use of another company's logo would now violate Standard No. 205. Accordingly, it is acceptable, if you wish, to have each p rime manufacturer mark its glazing material with its unique code mark and your logo for the Sentinel group, which is used for all of the various manufacturers you represent.

I hope this provides an adequate response to your question.

Sincerely,

Erika Z. Jones Chief Counsel

October 30, 1986 Stephen Oesch Office of Chief Counsel NHTSA 400 7th Street, S.W. Washington, D.C. 20590

Dear Mr. Oesch:

Per my telephone conversation with Mr. Harper today, I am writing you to request a legal interpretation of the intent of the DOT number. As relayed to you by Mr. Harper, Sentinel would like to be assigned its own "DOT number". We currently represent, on an exclusive basis, a number of different manufacturers of both windshields and tempered parts for automobiles and would like to know whether it would be possible for us to consolidate into one identity by using both one DOT number assigned to the Sentin el group as well as one universal logo.

Please advise us as to whether this would be possible at your earliest convenience.

Thanking you in advance for your cooperation,

Sincerely,

DAVID C. MAROON