Interpretation ID: nht90-2.55
TYPE: INTERPRETATION-NHTSA
DATE: May 29, 1990
FROM: G. Nick Routh -- President, American Energetics
TO: Jere Medlin -- Office of Vehicle Safety Standards, NHTSA
TITLE: None
ATTACHMT: Attached to letter dated 8-1-90 from J.M. Fish to C. Mack (A35; Std. 205); Also attached to letter dated 5-30-90 from G.N. Routh to C. Mack
TEXT:
We are distributors of solar control window insulation film, selling our product to over 1000 installers across the United States. Over the past six years an increasing percentage of our sales are derived from "auto tint". Currently about 70% of our sa les come from the auto market. Film applied to car windows has become increasingly popular.
Unfortunately several events are putting our livelihood and the livelihoods of our customers in jeopardy. Specifically, the Justice Department has sued a number of film installers in Florida for violation of federal guidelines, at the direction of NHTSA . At the same time, a group of manufacturers in our industry are petitioning NHTSA to revise its guidelines.
We feel that NHTSA, in reviewing the guidelines, and the manufacturers, in petitioning NHTSA, are not heeding some basic points that are key to the argument. We will explain our thoughts here by posing a number of questions.
1. HAS NHTSA SURVEYED THE CONSUMING PUBLIC?
We note that NHTSA, in responding to the original petition of the film manufacturers asking for 35% VLT, cited a number of questions about the safety of film and then asked for commentary from "interested parties". We imagine that the interested parties were law enforcement agencies for the most part who clearly constitute a special interest group. Did NHTSA speak to drivers who have film on their autos?
Did NHTSA survey Florida, Texas or other Sunbelt residents, particularly those of advanced age for whom reduced glare is very important in light of cataracts, glaucoma and the like?
People who are not familar with film inevitably have a jaundiced view of auto tint, seeing it only as black material, not aware of the different light transmission properties available. You would find, if you researched the matter, that consumers vote w ith their dollars where auto tint is concerned and are generally always repeat buyers.
2. WHAT ARE THE RIGHTS OF THE STATES?
Following from the last question, we must note that perhaps 70% of auto tint sales are in the Sunbelt. This is no coincidence. It is bright in these states year around. You would no doubt find that the bulk of
sunglasses are sold in these states. Why can't individual states note the differences between each other by having differing laws that recognize their differences? Clearly, there are areas where states have differing statutes on their books regarding a utomobile accesories and aftermarket add-ons. Specifically, we are speaking of radars, the use of head phones while driving, driving lights, studded snow tires and of course, auto emissions restrictions. Of all these, auto tint stands out as an obvious area where concrete climatological factors strongly support the use of film.
We believe that most states that have written their own laws regarding film, have done so, like Florida, in the firm belief that federal guidelines apply to new car manufacture, not to the aftermarket, where a consumer may choose to customize his car, us ing the installer or mechanic as an agent, as long as state standards are adherred to.
3. WHY ARE SOME LAW ENFORCEMENT OFFICIALS OPPOSED TO FILM?
This is a very interesting question to us. Any auto tint installer will tell you that law enforcement officers number among his customers. Informal discussions with officers reveal that officers approach an auto with film on it as they would any car the y stop - with caution. Film will not hide weapons; a weapon may be held below the window level on any auto. Further, a van with no windows could conceal more than the darkest film.
There is an annual publication issued by the FBI dealing with the deaths of law enforcement personnel in the US at the local, state and federal level. This is the Law Enforcement Officers Killed and Assaulted part of the Uniform Crime Report. The statis tics are organized by the nature of the incident resulting in a death. It is our understanding that a study of the last ten years of these reports, together with a reading of the anecdotal information provided, nowhere points to auto tint being a key fa ctor in the demise of an officer. We hear it often repeated that officers are endangered by film on windows, but concrete evidence is not to be had, we believe.
We do think that auto film is an easy target for ignorance. Police who are not familar with the different levels of VLT will react negatively, envisioning the black material. The vast number of states that have adopted the use of 35% VLT film on the dri ver and passenger windows have all had that film reviewed by their law enforcement officers and they have approved the use of the film.
4. WHAT IS THE HARM OF IT?
There are no federal guidelines that address themselves to the large market for radar detectors, yet this product is clearly designed to assist motorists in evading speeding tickets. Auto tint is not designed to evade the law. Rather it is beneficial t o the user, protecting the car against UV damage, preventing glass shattering in the case of accidents, and reducing glare. To pursue the latter point, why is film suspect and sunglasses not? Sunglasses are normally sold in much darker shades than the window film that is being applied.
Further, there is some argument to the point that film reduces the load on auto air conditioning, particularly those films that are lightly metallized. The conclusion to be drawn here is that film has got to have some benefit in reducing gas consumption . Evidently, we would regulate something beneficial such as film, but not regulate radar detectors.
With regard to highway safety, which is what is the central issue here, there appears to be a great deal of confusion. Statistics show that the accidents and deaths per passenger mile driven have not changed significantly over the last generation while the use of auto film has grown dramatically. This would certainly indicate that films darker than FMVSS 205 would allow, which are allowed by the Sunbelt state statutes, are not contributing to a reduction in safety on our nation's highways.
5. WHY ARE CAR OWNERS ALLOWED TO DO WHAT FILM INSTALLERS ARE NOT?
If the government has determined to regulate film, we are amazed by the evident loophole that exists. From our readings of NHTSA communications, we understand that individual car owners will be permitted to install any film on their own cars, so long as they adhere to state guidelines which are more permissive than current federal quidelines. However, film installers would have to adhere to the more stringent federal guidelines. We would like to know why the installer can't be considered the agent of the car owner? Why is the installer being singled out to discriminate against?
To speak bluntly, this inequity will allow film manufacturers to sell film in the Do-It-Yourself or retall market and bypass the fllm installers who will not be allowed to install the preferred darker films which will now only be available in the DIY mar ket? In the back of our minds we feel some concern that the manufacturers, in petitioning NHTSA are not acting on our behalf. The inequity will close us out but keep them in business and dark film will still be available.
Conclusion:
If NHTSA takes the position that its guidelines preempt state guidelines it fails to recognize clear regional differences and preferences. If NHTSA leaves an inequity for individual car owners to install darker film than installers can, it discriminates unfairly. If NHTSA solicits input from organized lobby groups either pro or con on the issue and fails to speak to individuals who have film on their cars, it is not geting the full picture.
We feel strongly that the states should regulate this issue. If the federal government sees fit to regulate, it should allow film of at least 35% VLT on the driver passenger windows, which is agreeable to the southern states who use the bulk of the prod uct. Further, if NHTSA regulates, it should not discriminate as to who applies the material.
We feel that we, our fellow distributors numbering perhaps over 30 across the US, and the over 5000 installers across the US are in jeopardy of losing our livelihoods without a hearing. Were we organized into a strong lobby group with resources we might be better able to deal with federal
institutions. We have two allies - plain talk and over half a million car owners a year who have film installed on their car.