Interpretation ID: nht76-2.3

DATE: 03/08/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: VIRACON, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to Viracon's December 13, 1975, and January 28, 1976, requests for a copy of Standard No. 216, Roof Crush Resistance, and for a discussion of the distinction under NHTSA regulations between installation of a sunroof before and after "original sale of the roof." A copy of Standard No. 216 has already been mailed to Viracon under separate cover.

You suggest that there may be different regulations for installation of a sunroof prior to, and after, the sale of the roof, by which I understand you to mean the sunroof. The NHTSA does not regulate sunroofs as such, but it does regulate the roof strength of most passenger cars (Standard No. 216), and conformity with this standard can be affected by installation of the sunroof.

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1397(a)(1)(A)) prohibits, among other things, the sale of a motor vehicle that does not comply with all applicable standards. Anyone that modifies a passenger car roof by the addition of your product would be responsible for compliance with Standard No. 216 at the time of sale. This would include alterations of this type made to a vehicle that has been certified by the manufacturer (49 CFR Part 567). This prohibition does not apply (except in cases of importation) after the first purchase of the vehicle in good faith for purposes other than resale (15 U.S.C. @ 1397(b)(1)).

The Act also prohibits, except in the process of repair, a manufacturer, distributor, dealer, or repair business from knowingly rendering inoperative, in whole or part, any device or element of design installed in a motor vehicle in compliance with applicable standards (15 U.S.C. @ 1397(a)(2)(A)). This means that these classes of persons may not install one of your products, even after the first retail sale, if the installation takes the vehicle out of conformity with Standard No. 216 or any other applicable Federal motor vehicle safety standard.

YOURS TRULY,

VIRACON Inc.

January 28, 1976

Department of Transportation Motor Vehicle Safety Standards Division

Attached please find a copy of our letter to you dated December 13, 1975. Since we still have had no reply, may I again ask that you please send us a copy of your safety standard regulations regarding roof crush requirements relative to sunroof installation.

Thank you very much for your prompt attention.

Diane Bortle Executive Secretary

VIRACON Inc.

December 13, 1975

Department of Transportation Motor Vehicle Safety Standards Division

We are anticipating the manufacture of a laminated glass sunroof in the not-too-distant future. May I ask that you send me a copy of your safety standard regulations regarding roof crush requirements relative to sunroof installation? I understand there are different regulations for installation prior to, and after the original sale of the roof.

Thanking you in advance for your prompt attention.

Randall L. Johnson Executive Vice President