Interpretation ID: nht75-4.25

DATE: 08/12/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Daniel W. Lang

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 15, 1975, in which you inquire as to the applicability of the National Traffic and Motor Vehicle Safety Act and the regulations promulgated thereunder to your client, Star Vision, as a manufacturer and installer of see-through fiberglass replacement tops.

Section 108(a)(2)(A) prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. This means that the installation of the top by Star Vision must not take a vehicle out of compliance with Safety Standard No. 216 or any other applicable safety standard. You should note that the requirements of section 108(a)(2)(A) apply to modifications of vehicles following their sale to a purchaser for purposes other than resale. It appears from the literature accompanying your letter that the tops are not installed on vehicles prior to their first sale. If they are, then Star Vision is subject to the notification, remedy, certification, and recordkeeping requirements of section 108(a)(1).

There is no specific requirement for testing the replacement tops in order to determine compliance with Standard No. 216. However, since the Act prohibits knowingly rendering inoperative any vehicle or part of a vehicle in compliance with an applicable safety standard, Star Vision is under an obligation to test its product if it has reason to believe that installation of the tops will substantially degrade the performance of the vehicle roofs. If the company has no reason to believe that installation will affect the safety characteristics of the vehicle, it is not obligated to conduct compliance tests.

The replacement tops appear to be subject to Safety Standard No. 205, Glazing Materials (49 CFR 571.205). As a result, Star Vision must certify the tops in accordance with section 114 of the Act (15 U.S.C. @ 1403).

If the tops do not comply with Standards Nos. 205 or 216 or any other applicable safety standard, or if they contain a malfunction or defect related to motor vehicle safety, the company will be obligated by sections 151-60 of the Act to notify the purchasers of the kits and to remedy the defect or noncompliance without charge. In addition, section 108(c) of the Act provides that compliance with the Act will not exempt a person from common law liability.

We trust that this information will be of assistance.

SINCERELY,

July 15, 1975

James Gregory National Highway Traffic Safety Administration Attention: Office of Chief Counsel

Re: "Star Vision See Thru Tops"

This office represents Star Vision, a division of Etanter Enterprises, of Los Angeles, California.

Star Vision, as the enclosed literature indicates, sells a see-through fiberglass replacement top for most makes of automobiles, both domestic and foreign. Installation requires the cutting of a hole in the roof of a vehicle. The top may be purchased in a kit for home installation or installed by a Star Vision distributor who purchases tops from the company. Star Vision occasionally in the past has installed a top itself.

I would appreciate your consideration in answering the following questions:

1. Does @108 of the 1966 Act or @103 of the 1974 Act control the activities of the company;

2. Does the company have to test its product to determine whether or not it complies with Safety Standard #216;

3. If yes, how, where, and when can a product be tested in a manner acceptable under the law;

4. What responsibilities does the company have as a manufacturer only; as a manufacturer-installer;

5. What responsibility does the company have under the law to a do-it-yourself purchaser of a home installation kit?

The company is most anxious to be adequately informed about any standards or requirements that might affect their business. A prompt reply will help us greatly.

Daniel W. Lang Additional notes and hints to aid the installation of the STAR VISION rooftop kit.

Some cars come equipped with a beam across the roof under the headliner. Make sure that when you lay out the panel that you leave enough clearance about 1 1/2". If the panel supplied for your car should clear all beams or bars. If for any reason it does not, do not proceed with the installation, measure the space that is available, ship us back the panel that you have with the size that you need and we will ship you the proper size.

BEFORE cutting or laying out the area to be cut, carefully feel around the headliner for any obstructions. Be careful that your car does not have a double roof, such as some late model GM cars. (Illegible word) Be sure to leave room near the windshield, some cars such as some Toyotas will have about 3" of extra support so stay back from that as you will not make a clean installation.

Stay back from the sun visors but as far as possible to the front of the car. The Star Vision roof kit is most beneficial as far forward as possible than over or behind the drivers head.

We have installed our STAR VISION rooftop kit in almost every kind of car. If you have any problems with your particular car do not hesitate to contact us, we will research the problem free of charge and forward you the help that you seek.

BE SURE TO READ ALL THE INSTRUCTIONS CAREFULLY. PROCEED WITH CARE, PATIENCE AND PRIDE.

STAR VISION

TRANSPARENT ROOF TOP KITS

Your STAR VISION Transparent rooftop kit will add years of enjoyment to your driving pleasure. The installations is simple, the following instructions will help you achieve professional results.

Lay the piece of transparent panel flat on the roof of your car. DO NOT remove the protective paper until last. Place the material as for forward as possible with out interfering' with the windshield mouldings and framework. (usually about 4 to 6 inches.) Measure the distance on both sides to ensure an even fit. Now measure the distance from the edges left and right to ensure that the panel is centralized. Use some masking tape to prevent the panel from moving once the exact position has been arrived at.

Use a crayon pencil to trace out the outline of the panel. The line should be 3/8 inch away from the panel to leave room for the moulding. Drill four (4) 5/16" holes thru the roof of your car at each corner of the panel. Drill thru the headliner. Now get in the car and note the four holes. Using a single edge razor blade cut out the headliner using the holes as reference points. (NOTE some cars such as Porsche 914 and Fiat X 1/9 do not have a headliner)

NOTE: If your car has thin metal bars suspended across to hold up the headliner, cut them in the middle and remove them completely. On older cars the headliner may be brittle and subject to tearing, use extreme caution in those cases. Before going to them next step check out the total travel of your jigsaw blade, make sure that when you start to cut out the panel, that the blade will not tear into the remaining headliner. You can shorten the blade by merely breaking of the tip about one inch. Use a soft cloth on the side of the jigsaw foot that is going over the part of the roof that will remain so that it will not scratch the surface.

Using a Jig saw with a 32 tooth per inch blade cut out the outlined panel. When completed use masking tape to adhere headliner to the roof so when the molding is applied the headliner will neatly tuck away. Adhere only about 1/4 inch to the headliner and adhere the rest to the roof see illustration.

When installing the molding always use the wooden tools supplied to "Lip" over the rubber. Should your hand slip, these tools will not scratch the plexiglass or paint. Also use the blunt end of the tool to pry apart the locking slot to insert the "lock" use a weak soap solution to aid installation.

Now you are ready to install the panel. First install the rubber molding as in illustration #2. Note that the molding has two different sides to accommodate different roof thicknesses. Any side can be used for the panel. Install the molding with the "lock" side up. After the panel is in place install the "lock" to ensure leak proofing. Note that your supplied with a few extra inches of molding. Trim excess to fit, but leave extra inch. Compress this extra inch, this will expand and make a leakproof seal. If for any reason your top leaks, use the tool supplied to lift up the molding and apply any commercial windshield sealer under the molding. Wipe away any excess. Use non abrasive cleaners only!

(Graphics omitted)

Eatanter Products presents another quality product, completely new in style, and guaranteed to enhance the appearance of your car.

Our transparent 'STAR VISION' roof top kit adds a whole new feeling of freedom and comfort to your driving pleasure, experience all the skies and sights under any weather condition.

To complement the appearance of your automobile, we are offering several tints to suit your personal car.

NEW!

STAR VISION

TRANSPARENT ROOF TOP KITS

VOLVO

Ford

FIAT

CHEVROLET

Mazda

VW

LOW COST FUN!

EAST DO IT YOURSELF

your car or ?.....?

12" x 24" $ 43.95 15" x 30" size $ 64.95 15" x 40" size $ 74.95

SHIPPING NOT INCLUDED.

We accept BANKAMERICARD.

Easy Do-it yourself!!!

Complete illustrated instructions in every kit. Also HELPFUL hints & TOOLS.

Enjoy all the skies and sights under all weather conditions with our new 'STAR VISION' rooftop kit. Our 'STAR VISION' rooftop kit is a low cost practical method to add prestige and value to your automobile. Our 'STAR VISION' is a full time accessory unlike the $ 450 to $ 800 'moonroofs' and sunroofs that can only be used under ideal weather conditions. Our roofkit is in use ALL THE TIME.

On the coldest nights or downpour rainfalls, when other sunroofs and tops are unusable, our rooftop kit is in use. Our kit is a permanent installation. There are no parts to wear out, no pulleys to crank, only pure enjoyment of great views and a whole new world of new sights, previously unattainable. Our STAR VISION rooftop kit is available in SMOKE, BLUE, GREEN, AMBER and clear. The kits are designed for easy installation and come complete with a set of thorough instructions. The only tools that are not supplied are a sabre saw, and a hand-drill. Average installation time is two hours.