Interpretation ID: nht89-2.2

TYPE: Interpretation-NHTSA

DATE: June 14, 1989

FROM: Betsy Dittemore, Legislative Liaison, State of Iowa, Department of Public Safety

TO: NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-30-90 to B. Dittemore from P. J. Rice; (A35; Std. 205); and NHTSA bulletin dated 8-85 re Federal Auto Safety Laws and Motor Vehicle Window Tinting

TEXT:

I am requesting information regarding the interpretation of the federal auto safety laws and motor vehicle window tinting applicability.

Attached is a 1985 document from NHTSA stating in part "... light transmittance through the combination of tinting film and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility." That standard, referred to as Standard No. 205, applies to new vehicle manufacture. Also, "... no manufacturer, distributor, dealer, or motor vehicle repair business may add tinting to windows in a motor vehicle, if that tinting would 'render' inoperative the glazing' s compliance with Standard No. 205." While neither of these provisions applies to individual vehicle owners, they in turn must comply with applicable state law.

Legislation was proposed in 1989 (attached) that states that a sunscreen device (which includes a film material used in conjunction with safety glazing to reduce the effects of the sun) shall be nonreflective and shall have light transmission of not less than thirty-five percent. I would interpret that to mean that only 35% of the sunlight must pass through, which would not meet Standard No. 205. Also attached is supporting material that states that many states currently allow this level of light tran smission.

The NHTSA Bulletin, 1985, further states that "... states may not establish provisions regarding tinting or other vehicle window requirements which are either more or less stringent than those provided by Federal Motor Vehicle Safety Standard No. 205." Iowa has adopted the federal standard for window glazing material.

I would appreciate your assistance in reviewing the attached Window Film Legislation and informing me of whether those levels are in compliance with federal standards. Also, whether the attached legislation would meet federal guidelines, Standard No. 20 5.