ID: aiam0277

Dear Mr. Mallett: On June 16, 1971, you and Mr. William Fleming of American Motors me with representatives of NHTSA and pointed out that the March 4, 1971, revisions of Standard No. 210 (36 F.R. 4291) had created a situation where seat belt anchorages for side-facing seats of multipurpose passenger vehicles would have to meet strength requirements only for the six-month period from July 1, 1971, to January 1, 1972. This occurred because the March 4 notice, which basically extended the existing standard for passenger cars to other types of vehicles as of July 1, 1972, did not have the exemption for side-facing seat belt anchorages that is contained in the revised standard that goes into effect on January 1, 1972.; The failure to exempt side-facing seats from the anchorage tes requirements for the six-month period ending January 1, 1972, was inadvertent. A *Federal Register* notice will be issued shortly amending Standard No. 210 to correct this discrepancy. I am sending you this letter, which will be placed in the public files, in advance of the notice as an extraordinary procedure in light of the time period involved, to confirm that your vehicles need not meet the strength requirements for seat belt anchorages for side-facing seats apparently contained in Standard No. 210.; Sincerely, Robert L. Carter, Acting Associate Administrator, Moto Vehicle Programs;

ID: aiam5459

"Dear Mr. Ugoletti: This responds to your September 7, 1994 letter t this office in which you stated your intention to modify a 'conversion' van into a 'production' van by replacing the original front seats with seats that swivel. You stated in an October 4 telephone conversation with Walter Myers of my staff that the vehicle in question is a 1994 cargo van. The vehicle has two front seats, and a gross vehicle weight rating (GVWR) of 9,680 pounds (lbs.). You also explained that the work will be done by a commercial vehicle modification shop. You asked us about the requirements for swivel front seats. By way of background, 49 U.S.C. 30101, et seq. authorizes this agency to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Under 49 U.S.C. 30112, each person selling a new vehicle must ensure that the vehicle is certified as complying with all applicable FMVSSs. NHTSA has five safety standards, described below, applicable to motor vehicle seats. The original seats and seat belts on your van were required to meet the requirements of those standards when the new van was sold to you. The five standards set performance criteria ensuring that seats and seat belts provide safety benefits in a crash. Standard No. 207, Seating systems (49 CFR section 571.207), establishes strength and other performance requirements for vehicle seats. The standard does not prohibit the installation of swivel seats in vans. Standard No. 208, Occupant Crash Protection (49 CFR 571.208), specifically section S4.2.3, sets forth occupant protection requirements at the various seating positions in vehicles such as yours manufactured after September 1, 1991, and with a GVWR not greater than 10,000 lbs. Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), sets strength, durability, and other requirements for seat belts. Standard No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), establishes strength and location requirements for seat belt anchorages. Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), specifies the flammability resistance of the seats and seat belts. Copies of those standards are enclosed, as well as a fact sheet explaining how to obtain copies of all FMVSSs. Generally speaking, once a motor vehicle is sold to its first retail purchaser, its use and any modifications made to it become a matter of state interest. Thus, owners of used vehicles may personally make any modifications or alterations they want to their vehicles without regard to the FMVSSs, subject only to applicable state requirements. There is, however, a limitation on modifications of used vehicles by commercial entities. 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any device or element of design installed on or in a motor vehicle or equipment in compliance with an FMVSS. Since the seats and their safety belts are devices or elements of design that were installed in your van in compliance with applicable FMVSSs (particularly the five standards listed above), a business listed in section 30122 cannot modify the vehicle in such a manner as to remove the seats and/or safety belts from compliance. Accordingly, the vehicle modifier should ensure that the swivel seats and any seat belts it installs are installed in accordance with the requirements of the standards. You indicated that Great Lakes Communications wishes to maintain the safety of the original seats and seat belts. We commend that decision. NHTSA urges vehicle owners not to degrade the performance of the safety systems on their vehicles. I hope this information is helpful. Should you have any further questions or need additional information, feel free to contact Walter Myers or Mary Versailles of my staff at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure";

ID: aiam2374

Dear Mr. Gobeille: This is in response to your April 6, 1976, request for interpretation regarding certain sections of Safety Standard No. 209, *Seat Belt Assemblies*, when applied to the continuous loop seat belt assemblies provided on current Volvo vehicles.; Paragraphs S4.4(b)(1) and (2) specify performance requirements fo components in the pelvic restraint and upper torso restraint portions of a belt system, tested separately and in combination. You ask for verification of your interpretation that the requirements for separate testing of pelvic and upper torso portions are inapplicable to a continuous loop seat belt, on the basis that this type system can never in real life be subjected to forces only in the pelvic restraint.' Your letter includes an illustration of your test apparatus for determining compliance with paragraph S4.4(b), and you request verification that your procedure is correct.; Section S5.3(b) of the standard sets forth the test methods that woul be used in a determination of whether a Type 2 seat belt assembly conforms to the requirements of S4.4(b). Paragraph S4.4(b)(1) specifies that the pelvic restraint shall withstand a force of not less than 2,500 pounds, and S4.4(b)(2) specifies that the upper torso restraint shall withstand a force of not less than 1,500 pounds. The Volvo continuous loop belt systems are subject to these requirements. A recent NHTSA interpretation letter to Toyo Kojyo (copy enclosed) on the same subject sets forth the responsibilities of the manufacturer in cases where the specified test procedures may not be entirely suitable to a new safety component design. In testing continuous loop belt systems for compliance with S4.4(b)(1) and (2), the agency has interpreted S5.3(b) to necessitate the use of a clamp in the same fashion as suggested by Toyo Kojyo to ensure that the force is applied to the appropriate portion of belt webbing and hardware. It must be understood, of course, that the NHTSA cannot approve a manufacturer's test procedure as the basis of due care in advance of the actual events that underlie certification. It is impossible for the agency to foresee whether the various aspects of a particular test procedure will be conducted in a proper fashion, based solely on a written description of that test procedure.; In the second part of your letter you asked whether the buckle crus requirements of paragraph S4.3(d)(3) of Standard No. 209, when tested in accordance with the procedures specified in S5.2(d)(3), are applicable to Volvo seat belt buckles and, if so, whether Volvo's interpretation as to how the test should be conducted is correct.; It is true that the buckle requirements were originally included in th standard to guard against possible damage to the buckle caused by the steering wheel in a crash situation. Since the issuance of the standard, new seat belt assembly designs have been developed in which the belt buckle is located between the front seats. As you pointed out in your letter, these buckles are not likely to be contacted by the steering wheel in a crash situation.; In view of the significant design changes that have occurred, th agency has reconsidered its 1972 interpretation to United States Testing Company on this subject. Because it is unlikely that any of these buckles would be damaged by compressive forces in a crash, we have determined that the requirements are inappropriate. Therefore, we conclude that the existing S4.3(d)(3) buckle requirements are not applicable to buckles that are located between bucket seats and attached to the console or to the end of a rigid cable or bar.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: nht90-1.79

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/90

FROM: STEPHEN P. WOOD ACTING CHIEF COUNSEL, NHTSA

TO: CADWALLADER JONES PRESIDENT JONES FORD INC.

TITLE: NONE

ATTACHMT: LETTER DATED 8-31-89 TO NHTSA FROM CADWALLADER JONES, JONES FORD INC., ATTACHED; [OCC 3936]

TEXT: This is in response to your letter to NHTSA in which you asked questions concerning the circumstances in which Ford vans with more than ten designated seating positions would be considered school buses for purposes of the Federal Motor Vehicle Safety Sta ndards (FMVSS). I apologize for the delay in this response.

Your letter asked whether the vans that you describe would be considered school buses if used to transport adult education students, college students, high school students (including athletic teams), playground teams with no connection to schools, day ca re center clients, or children transported by churches that do not have day schools, but occasionally transport children.

The starting point for the agency's analysis of when vehicles used in these circumstances would be required to comply with FMVSS requirements applicable to school buses is Section 102(14) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 13 91(14)). That provision defines "Schoolbus" as a "passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools."

When interpreting this provision, the agency has always looked to the nature of the particular institution purchasing the buses. If its central purpose is the education of primary, preprimary or secondary students, the agency has determined that the bus es purchased must comply with the FMVSS requirements for school buses. If the institution is concerned primarily with the education of post-secondary students, or serves a function that is custodial rather than educational, NHTSA has said that the buses need not comply with the school bus requirements.

The agency has already explained the application of this provision to several of the circumstances raised in your letter. On July 12, 1977, in

a letter to Mr. Jim Thomason, the agency said that buses used to transport adults and other post-high school students to vocational training need not comply with the FMVSS school bus requirements because these passengers do not fall in the categories of "primary, preprimary or secondary students." However, that interpretation also noted that a bus used by a vocational school connected with a secondary school would fall within the scope of the school bus requirements.

The agency has also determined, in a March 17, 1976 letter to Mr. W.G. Milby (and reaffirmed several times since then), that buses used to transport college students need not comply with the standards for school buses. The same letter also includes our opinion that a bus used to transport school athletic teams to activities falls within the scope of the definition of school bus, and must comply with the applicable FMVSS.

A May 10, 1982 interpretation letter to Mr. Martin Chauvin determined that Vehicles used to transport children to day care centers need not comply with the school bus standards. The rationale for this decision is based on the fact that these facilities serve an essentially custodial function, although they may have some educational components, and are not considered to be schools.

Your letter also asks about transportation of children by churches which do not operate day schools. In a November 20, 1978 letter to Mr. J. Perry Robinson, this office determined that the term "school" does not include church schools such as Sunday sch ools, or those providing other religious training. As noted in that letter, however, a normal preprimary, primary or secondary school operated under the auspices of a church would be required to comply with the the school bus requirements.

Finally, your letter asks whether vehicles used to transport "playground teams" with no connection to a school would be required to comply with the school bus requirements. The agency has not addressed this question in any past interpretations. However , it is my opinion that a bus used to transport "playground teams" that are organized independently of any school of educational organization would not be required to comply with the school bus standards. The term "school" cannot be construed to include athletic teams not connected with any school or educational organization.

I hope you have found this information helpful. If you have any further questions, please contact David Greenburg of this office at (202) 366-2992.

ID: aiam4952

Dear Mr. Klopp: This responds to your fax of January 30, 1992 to Mar Versailles of my staff asking whether the anchorage strength test in Standard No. 210, Seat belt assembly anchorages, requires simultaneous testing of seat belt anchorages located on the seat frame of a seat having multiple seating positions. Under the current requirements of S4.2.4 of Standard No. 210, only floor-mounted anchorages are subject to simultaneous testing. The requirement applicable to vehicles with seat- mounted safety belt anchorages, S4.2.4 of Standard No. 210, has been changed, effective September 1, 1992. For a vehicle manufactured on or after that date, seat-mounted anchorages will be tested simultaneously by loading all anchorages common to the same occupant seat. I hope you find this information helpful. If you have any further questions please contact Mary Versailles at this address or by phone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel;

ID: aiam4212

Dear Mr. Vaidya: This responds to your April 30, 1986 letter concerning Safety Standar No. 213, *Child Restraint Systems*, and your planned built-in child seat. You asked for information concerning all safety standards that would be applicable to the seat and concerning a pending petition for amending Standard No. 213 to permit the installation of built-in child seats in new motor vehicles. I regret the delay in our response.; Standard No. 213 is the only standard which this agency has issue concerning child restraint systems. It was drafted at a time when add-on or portable systems were the only type of child restraint systems. Accordingly, the requirements of the standard are oriented toward that type of system. However, the agency has granted a petition to broaden the standard to permit the installation of built-in child restraint systems. We expect to issue a proposal regarding this matter later this year. Copies of the standard and the petition are enclosed.; As a new manufacturer of motor vehicle equipment, you should know tha a manufacturer has a variety of responsibilities in addition to certifying compliance with all applicable safety standards. Manufacturers have the responsibility to conduct notification and remedy campaigns for safety-related defects or noncompliances with standards in their products. If a child restraint system fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer may elect to either (1) repair the child restraint so that the defect or noncompliance is removed, or (2) replace the child restraint with an identical or reasonably equivalent restraint which does not have the defect or noncompliance. Whichever of these options is chosen, the child restraint manufacturer must bear the expense for the remedy.; Installation of your product in a used vehicle would also be affecte by the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Motor Vehicle Safety Act prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from 'rendering inoperative' in whole or in part, any device or element of design installed in a motor vehicle in compliance with an applicable safety standard. Such a rendering inoperative could occur, for example, if the installer of a built-in child safety seat removed the original vehicle seat, installed a replacement vehicle seat containing the built-in child safety seat, but did not ensure that the seat belt anchorages for adult seating positions in the replacement rear seat continued to meet the location and strength requirements of Standard No. 210, *Seat Belt Assembly Anchorages*. A rendering inoperative could also occur if the installer did not ensure that a replacement vehicle seat continued to meet the strength requirements of Standard No. 207, *Seating Systems*, to minimize the possibility of failure by forces acting on that seat as a result of vehicle impact.; Section 108(a)(2)(A) does not establish any limitations on a individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual vehicle owners can themselves install any product they want on their vehicles, regardless of whether that product would render inoperative the compliance of the vehicle's seats or seat belt assembly anchorages with the requirements of Standards Nos. 207 or 210. However, the agency encourages vehicle owners not to install products which could lessen the occupant protection afforded by the original seats or safety belt assembly anchorages and thus adversely affect safety.; For further information concerning these responsibilities, pleas consult the enclosed information sheet for new manufacturers.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam0343

Dear Mr. Tanaka: This is in response to your letter of April 19, 1971, in which yo discussed the difficulties that may be caused by State enforcement procedures that require a manufacturer to obtain State approval of products covered by Federal standards before he may sell the products in the State. Your letter was an amplification of the JAMA petition for reconsideration of Standard No. 209, submitted April 3, 1971.; The NHTSA is giving careful consideration to the situation you hav described. We intend to take action to alleviate the problem in the near future.; Sincerely, Lawrence R. Schnider, Acting Chief Counsel

ID: aiam0033

Dear Mr. Sonosky: This is in reply to your letter of August 29 requesting a verificatio of the interpretation of Standard 205 contained in a letter to you dated August 10 from Max Brand of Mercedes-Benz of North America.; Mr. Brand's understanding that glazing materials manufactured on o after January 1, 1968, for use in passenger cars, multipurpose passenger vehicles, motorcycles, trucks and buses must conform to Standard 205, but that dealer inventories of prestandard materials manufactured before January 1, 1968, may be used for replacement purposes until exhausted is correct.; Sincerely, William Haddon, Jr., M.D., Director

ID: aiam5362

"Dear Mr. Schwebel: This responds to your letter to Mr. Walter Myers o my staff asking about a particular feature of your 'air-filled car seat' and how Federal Motor Vehicle Safety Standard No. 213, 'Child Restraint Systems,' would apply. I apologize for the delay in responding. Your letter and the promotional literature you enclosed describe the car seat as having a 5-point belt system to provide upper and lower torso restraint. The seat also has a strap that crosses in front of the child's chest, that attaches to each side of the child seat 'to offer additional side impact protection by keeping the leading side of the seat attached to the opposite side so as to prevent the child from rolling out.' You state that the strap is not part of the primary restraint system and is non-load bearing in a frontal impact. You ask if there is any problem with the strap feature. By way of background information, the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1381, et seq. (Safety Act), authorizes the National Highway Traffic Safety Administration (NHTSA), to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts set forth in your letter. Standard 213 specifies requirements for child restraint systems used in motor vehicles and aircraft, to reduce the number of children killed or injured in motor vehicle crashes and in aircraft. S5.2.2, 'Torso impact protection,' states in part that each add-on, forward-facing child restraint system shall have no fixed or movable surface... d irectly forward of the dummy and intersected by a horizontal line...parallel to the SORL seat orientation reference line illustrated in Figure 1A of the standard ... and passing through any portion of the dummy, except for surfaces which restrain the dummy when the system is tested in accordance with S6.1.2.1.2, so that the child restraint system shall conform to the requirements of S5.1.2 and S5.1.3.1. The purpose of S5.2.2 is to prohibit child seats from having any surface or component that can be mistaken by motorists to be a means of adequately restraining the child occupant in a crash. 43 FR 21470, 21475 (May 18, 1978). A strap in front of the dummy would be prohibited by S5.2.2, unless it is provided to restrain the dummy in S6.1.2.1.2's dynamic test so that the system conforms to Standard 213's injury criteria for head and chest accelerations and occupant excursion. Since you indicate the strap is not meant to be load bearing in a frontal impact, it does not appear that the strap would perform adequately. Accordingly, it appears the strap is prohibited. I hope this information is helpful. If you have any further questions or need additional information, please call Ms. Deirdre Fujita of my staff at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: 1984-1.1

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/84 EST

FROM: FLORIDA LEGISLATURE

TITLE: 1984 FLORIDA AUTO TINT LAW

ATTACHMT: ATTACHED TO LETTER DATED 06/25/90, FROM PAUL JACKSON RICE -- NHTSA TO LAWRENCE J. SMITH -- CONGRESS; A35; VSA 108 [A] [2] [A]; STANDARD 205; LETTER DATED 05/30/90 FROM NANCY L. BRUCE -- DOT TO LAWRENCE J. SMITH -- CONGRESS; LETTER DATED 05/25/90 FROM LAWRENCE J. SMITH -- CONGRESS TO NANCY BRUCE -- DOT; NEWSPAPER ARTICLE DATED 03/30/90; BY STEVE MOORE -- BUSINESS MARKETS; LOCAL CRAFTSMAN UNSWAYED BY FEDERAL CIVIL LAWSUITS; NEWSPAPER ARTICLE DATED 03/29/90 BY BRUCE VIELMETTI -- ST PETERSBURG TIMES; US CRACKS DOWN ON WINDOW TINTERS; NEWSPAPER ARTICLE DATED 03/29/90 FROM JIM LEUSNER -- ORLANDO SENTINEL; US SUES CAR-WINDOW TINTERS-LET THERE BE MORE LIGHT; PRESS RELEASE DATED 03/28/90 BY UNITED STATES ATTORNEY MIDDLE DISTRICT OF FLORIDA.

TEXT: An act relating to state uniform traffic control; creating ss. 316.2951 through 316.2957, Florida Statutes; providing definitions; providing requirements with respect to motor vehicle windshields; providing requirements with respect to motor vehicle side windows; providing requirements with respect to all windows behind the driver; providing sunscreen requirements; providing requirements with respect to labeling, providing tolerance levels; providing penalties; providing exemptions; repealing s. 316.295, Florida Statutes, relating to motor vehicle windshield requirements; repealing s. 316.296, Florida Statutes, relating to the prohibition against selling a motor vehicle equipped with windows which are reflective or nontransparent; repealing s. 316.297, Florida Statutes, relating to the prohibition against selling reflective or nontransparent material for motor vehicle windows; repealing s. 316.298, Florida Statutes, relating to exemptions for manufacturers with respect to motor vehicle windows; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Sections 316.2951, 316.2952, 316.2953, 316.2954, 316.2955, 316.2956 and 316.2957, Florida Statutes, are created to read:

316.2951 -- Motor vehicle windows; definitions -- Whenever used in ss. 316.2951 . 316.2957, unless the context otherwise requires, the following terms shall have the following meanings:

(1) "Sunscreening material" means products or materials, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduce the effects of the sun with respect to light reflectance or transmittance.

(2) "Reflectance" means the ratio of the amount of total light, expressed in percentages, which is reflected outward by the product or material to the amount of total light falling on the product or material.

(3) "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.

(4) "Motor vehicle" means any vehicle as defined in s. 316.003, except vehicles used in farm husbandry, which is registered or required to be registered in the state.

(5) "Windshield" means the front exterior viewing device of a motor vehicle.

(6) "Window" means any device designed for exterior viewing from a motor vehicle, except the windshield, any roof-mounted viewing device, and any viewing device having less than 150 square inches in area.

(7) "Multipurpose passenger vehicle" means a motor vehicle with motive power designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

316.2952 -- Windshields; requirements; restrictions. --

(1) Windshields in a fixed and upright position, equipped with safety glazing as required by federal safety glazing material standards, are required on all motor vehicles which are operated on the public highways, roads, and streets, except motorcycles and implements of husbandry.

(2) No person shall operate any motor vehicle on any public highway, road, or street with any sign, suncreening material, produce, or covering attached to or located in or upon the windshield, except the following:

(a) A certificate or other paper required to be displayed by law.

(b) Sunscreening material along a strip at the top of the windshield, so long as such material is transparent and does not encroach upon the driver's direct forward viewing area as more particularly described and defined in FMVSS 205 and FMVSS 128 as the AS/1 protion of the windshield.

(3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.

(4) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

(5) Grove equipment, including "goats," "highlift-goats," grove chemical supply tanks, fertilizer distributors, fruit-loading equipment, and electric-powered vehicles regulated under the provisions of s. 316.267, shall be exempt from the requirements of this section. However, such electric-powered vehicles shall have a windscreen approved by the department sufficient to give protection from wind, rain, or insects, and such windscreen shall be in place whenever the vehicle is operated on the public roads and highways.

316.2953 -- Side windows; restrictions on sunscreening material. -- No person shall operate any motor vehicle on any public highway, road, or street on which the side wings and side windows on either side forward of or adjacent to the operator's seat are composed of, covered by, or treated with any sunscreening material or other product or covering which has the effect of making the window nontransparent or which would alter the window's color, increase its reflectivity, or reduce its light transmittance, except as expressly permitted herein. A sunscreening material may be applied to such windows if, when tested on 1/8-inch clear glass, the material has a total solar reflectance of visible light of not more than 25 percent as measured on the non-film side and light transmittance of at least 35 percent in the visible light range.

316.2954 -- All windows behind the driver; restrictions on sunscreening material. --

(1) No person shall operate any motor vehicle on any public highway, road, or street with any windows behind the driver which are composed of, covered by, or treated with any sunscreening material, or other product or material which has the effect of making the window nontransparent or would alter the window's color, increase its reflectivity, or reduce its light transmittance, except as specified below:

(a) Sunscreen material consisting of film which, when tested on 1/8-inch clear glass, has a total solar reflectance of visible light of not more than 35 percent as measured on the non-film side and light transmittance of at least 18 percent in the visible light range; provided, however, that sunscreen material may be used on multipurpose passenger vehicles, which, when tested in 1/8-inch clear glass, has a total solar reflectance of visible light of not more than 35 percent as measured on the non-film side and light transmittance of at least 8 percent in the visible light range.

(b) Perforated sunscreening material which, when tested in conjunction with existing glazing or film material, has a total reflectance of visible light of not more than 35 percent and light transmittance of no less than 30 percent. For those products or materials having different levels of reflectance, the highest reflectance from the product or material will be measured by dividing the area into 16 equal sections and averaging the overall reflectance. The measured reflectance of any of those sections shall not exceed 50 percent.

(c) Louvered materials, if the installation of the materials does not reduce driver visibility by more than 50 percent.

(d) Privacy drapes, curtains and blinds, provided such covering shall be in an open and secure position when the motor vehicle is being operated on any public highway, road, or street.

(2) No person shall operate any motor vehicle upon any public highway, road or street, on which the rear window is composed of, covered by, or treated with any material which has the effect of making the window nontransparent, unless the vehicle is equipped with side mirrors on both sides that meet the requirements of s. 316.294.

316.2955 -- Window sunscreening material; compliance labeling; tolerances. --

(1) Each installer or seller of sunscreening material shall provide a pressure sensitive, self-destructive, nonremovable, vinyl-type film label to the purchaser stating that the material complies with the provisions of ss. 316.2951 - 316.2954. Each installer shall affix the required label to the inside left door jamb of the motor vehicle. In addition, the label shall state the trade name of the material and the installer's or seller's business name. Labeling shall not be required for factory glazing which complies with FMVSS 205.

(2) All percentage measurements required by ss. 316.2951 - 316.2954 shall be subject to a plus or minus 3 percent tolerance.

316.2956 -- Violation of provisions relating to windshields, windows, and sunscreening material; penalties. --

(1) Any person who operates a motor vehicle on which, after the effective date of this act, material was installed in violation of ss. 316.2951 - 316.2954, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.084.

(2) Replacement or repair of any material legally installed is not a violation of ss. 316.2951 - 316.2954.

(3) Any person selling or installing sunscreening material in violation of any provision of ss. 316.2951 - 316.2955 after the effective date of this act shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

316.2957 -- Exemption for motor vehicle manufacturers. -- The provisions of ss. 316.2951 - 316.2956 shall not apply to the manufacturer's tinting or glazing of motor vehicle windows or windshields which is otherwise in compliance with or permitted by FMVSS 205 as promulgated in 49 C.F.R. 571.205.

Section 2. Sections 316.295, 316.296, 316.297, and 316.298, Florida Statutes, are hereby repealed.

Section 3. This act shall take effect upon becoming a law.