Interpretation ID: 2634y

Mr. Reese Chappell
Engineer
Auto Ventshade Company
3571 Broad Street
Chamblee, Georgia 30341

Dear Mr. Chappell:

Thank you for your letter asking how Federal regulations would apply to a product called a "Ventvisor" manufactured by your company. You enclosed a brochure that included pictures of the Ventvisor. Described as a rain deflector, the Ventvisor appears to be a strip of molded tinted glazing material several inches wide that is secured on the window frame and running from the front around the top of side windows on motor vehicles. I am pleased to have this opportunity to explain how the requirements of this agency apply to this product.

Some background information about the agency may be useful. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to 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 Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet that briefly describes manufacturers' responsibilities under the Safety Act and how to obtain copies of this agency's standards and regulations.

Your company's product is described as made of "acrylic" and would appear to overlap a portion of the side windows of motor vehicles that are "requisite for driving visibility." Accordingly, this product would be a glazing material for use in motor vehicles and would be subject to the requirements of Standard No. 205, Glazing Materials (49 CFR 571.205). Standard No. 205 specifies performance requirements for various types of glazing and also the locations in vehicles in which each type of glazing may be used. The standard also incorporates by reference "ANS Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Standard No. 205 permits devices such as your company's Ventvisor to be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials (the various types of glazing are designated as "Items" in Standard 205). Your company's use of acrylic would appear to be acceptable since this type of rigid plastic could have an Item 4 rating, and Item 4 glazing may be used as a wind deflector on the side window of any vehicle.

You should note that all Item 4 glazing must comply with Test No. 2 in ANS Z26, which requires the material to have a light transmittance of not less than 70 percent. Your letter noted that one version of your Ventvisor is not tinted, while another version is tinted so that it has 47.5 percent light transmittance. This tinted version of the Ventvisor would appear to not comply with the light transmittance requirements of Standard No. 205. The standard also sets forth additional performance requirements for Item 4 glazing, as well as marking requirements for the glazing. If your company determines that the Ventvisor complies with the requirements of Standard No. 205, it may certify each Ventvisor in accordance with the provisions of S6 of Standard No. 205.

Section 108(a)(1)(A) of the Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any item of new motor vehicle equipment unless the equipment complies with all applicable safety standards and is so certified by its manufacturer. It would be a violation of this section of Federal law for any person to manufacture or sell the Ventvisor or any other glass or plastic wind deflector to be mounted on front side windows, unless those products comply with all requirements of Standard No. 205. Federal law provides for a civil penalty of up to $1,000 for each such violation.

Manufacturers of motor vehicle equipment, such as the Ventvisor, also have responsibilities under the Safety Act for any defects related to motor vehicle safety that are determined to exist in their products. The Safety Act requires such manufacturers to notify purchasers about any defects related to motor vehicle safety and to remedy such defects free of charge.

I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:205#VSA d:8/2/90