Interpretation ID: 86-5.31

TYPE: INTERPRETATION-NHTSA

DATE: 10/16/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Edward T. Fennell, Jr. -- Amilite Corporation

TITLE: FMVSS INTERPRETATION

ATTACHMT: 5/31/88 letter from Erika Z. Jones to Terry E. Quinn (Std. 205); 9/18/87 letter from Terry Quinn to NHTSA (occ 1128)

TEXT:

Mr. Edward T. Fennell, Jr. Amilite Corporation 666 Old Country Road Garden City, NY 11530

Dear Mr. Fennell:

Thank you for your letter of July 30, 1986, concerning the marking requirements of Standard No. 205, Glazing Materials. You explained that your company represents several glazing manufacturers that make windshields. You said that your company sometimes receives orders from other companies asking to have a windshield made for them with their own corporate logo marked on the windshield. You asked if a company can, with the permission of the other company, mark a windshield with the other company's logo and its own DOT identification number. As discussed below, such a practice is permissible.

Section 6 of Standard No. 205 sets forth the certification and marking requirements for glazing materials. Section 6.1 requires a prime glazing manufacturer to mark each item of glazing material in accordance with the section 6 of American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," Z-26.1-1977, January 26, 1977, as supplemented by Z26.la, July 3, 1980 (ANS Z-26). One of the requirements of S6 of ANS Z-26 is that a manufacturer mark its glazing with its own "distinctive designation or trademark." In addition to those requirements, S6.2 of Standard No. 276 requires a prime glazing manufacturer to mark each item of glazing material designed to be used in a specific vehicle with the symbol "DOT" and a manufacturer code mark assigned by this agency. The standard defines a prime glazing manufacturer as "one who fabricates, laminates, or tempers the glazing material."

One reason for the marking requirements of Standard No. 205 is to aid the agency in identifying the actual manufacturer of the glazing for the purpose of defect and noncompliance recall campaigns. Since, in the situation you described, the prime glazing manufacturer will be placing its own DOT code mark on the glazing, the agency's ability to identify easily and accurately the manufacturer of the glazing will not be impaired. Therefore, we would not consider the use of another manufacturer's logo on the glazing to be a violation of the standard as long as the prime glazing manufacturer has marked the glazing with its own DOT code mark.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

July 30, 1986 U.S. Department of Transportation National Highway Traffic Safety Administration Office of the Chief Counsel 400 Seventh Street S.W. Washington, DC 20590

Dear Sir:

The purpose of this letter is to seek a ruling for the logo on windshields. We represent several factories, and at times we receive orders from other factories to have windshields made for them with their own corporate logo. We realize the fabricating factory must have only its own D.O.T. number in this logo.

Please confirm it is acceptable by your agency to use any logo (as long as permission is granted) with the Manufacturing Factories' Registered D.O.T. number.

I have attached a copy of a Letter of Permission to use a corporate logo on purchased products for your review. Should have any questions, please feel free to call on our toll free number (800) 645-6240. A prompt reply would be appreciated.

Sincerely, AmiLite Corporation

Edward T. Fennell, Jr.

ETF:lam Encs.

Mr. Carmen Mazzocki Amilite Corp.

666 Old Country Road Garden City, New York 11530

Dear Carmen:

Attached is the facsimile of the LOF logos for clear, tinted, and tinted shade windshields. Please note that the letters at the bottom are to be ignored and that ORAN will use their D.O.T. No. (268) and "M" numbers when manufacturing the U.S. domestic truck 1/2-windshields for LOF. For the current order they will only need the tinted (E-Z-EYE) safety float monogram. The position of the logo should be the same position as the OEM manufacturer's logo.

This letter will serve as permission for ORAN PALMACH ZOVA< kibbutz zova 90870, israel to produce our p.o. 2053-6004, and 2053-6002 totaling 3,000 lites using the lof logo oran d.o.t. number. also attached is a copy of letter from indicating us that this practice in accordance with section 6 safety standard 205, glazing materials which incorporates by reference american national "safety code for motor vehicles operating on land highways", z26.6-1966 (ans z26).

If you have any questions, advise.

Richard P. Keim Manager - Inventory Control RK/fb

Attach.