Interpretation ID: 1983-1.15

TYPE: INTERPRETATION-NHTSA

DATE: 02/07/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Eldon Rudd; House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT:

Dear Mr. Rudd:

This responds to your recent letter on behalf of your constituent, Mrs. Jan Wilson, asking whether Federal law restricts motorists from having darkly tinted films installed on the window of their automobiles.

The National Highway Traffic Safety Administration has authority to govern the manufacture of new motor vehicles and motor vehicle equipment. We have promulgated Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance. Seventy percent transmittance is required in all areas requisite for driving visibility, which includes the windshield and all windows in passenger cars. This specification for light transmittance precludes darkly-tinted windows in new automobiles.

The agency has stated in past interpretations that solar films are not glazing materials themselves, and would not have to comply with Standard No. 205. However, use of such films on motor vehicles in certain cases would be prohibited if the vehicle glazing no longer complied with the light transmittance requirements of the standard (most of these films do reduce light transmittance below 70%). If a vehicle manufacturer or dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205 (i.e., has to certify that the glazing still has transmittance of at least 70%).

Regarding vehicles that have already been purchased, section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381) provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if the vehicle glazing would no longer meet the light transmittance requirements of Standard No. 205. Whether this would be the case would have to be determined by the person making the installation. Violation of this provision could subject the manufacturer, distributor, dealer or motor vehicle repair business th civil penalties up to $1,000 for each violation.

Please note, however, that under Federal law the vehicle owner may alter his or her vehicle as is desired. This agency does not govern use of vehicles by owners; this is left to the States. Thus, under Federal law, an owner could install solar film on his or her vehcile whether or not such installation affected compliance with Standard No. 205.

In summary, Federal law does not preclude Mrs. Wilson from having darkly tinted film on her passenger car, provided she installed the film herself. However, if a manufacturer, dealer, distributor or motor vehicle repair business (including an auto tint shop) installed the film for Mrs. Wilson, they are in violation of Federal law if the glazing no longer meets the 70% light transmittance requirements of Standard No. 205. The State of California is, of course, free to prohibit vehicle owners from operating vehicles with darkly tinted glazing in its jurisdiction.

Sincerely,

Original Signed By Frank Berndt Chief Counsel

DATE DETAILS

1/3/83 Mrs. Wilson is the daughter of Saxton Pettit whom she says was a very good friend of the Congressman. He used to own the Basket House in Scottsdale. Mrs. W. said the Basket House was America's largest basket store. Her father is now deceased. Mrs. Wilson would like the Congressman' help in acquiring a special pass to enable her to drive from Arizona to California with tinted windows on her car. Apparently Mrs. W. goes through an extension of UCLA for medical treatment. She was stopped on the highway and given a citation for driving in California with tinted windows as the law in California is such that you cannot drive with tinted windows if they don't comply with the designated degree of tint. The ticket amount is $75. She said she called the courthouse in California and explained her situation and asked for a special pass to drive in California. She doesn't think she should have to take off the tint just to drive in California. She said she was told that she could remove the tint, but still have to pay the citation or she would have to drive with her windows rolled down while in California. She thinks these answers are absurd and she doesn't think it fair that she was slapped with such a high fine without even getting a warning first. She said the highway patrolman told her he was just doing his job. She tried to explain that she was unaware of the law and that she only travels to California for treatment. Mrs. W. also said her lawyer tried to talk to the courthouse, but to no avail. I explained to Mrs. W. that this is a state law of California and that there is nothing the Congressman can do as he handled matters on the federal level. I said she would have to comply with our laws. She then said that the highway patrolman told her that this is a federal law. I said I didn't think so, but would forward this to our W.O. for verification. I also suggested she write the Cong. a letter asking him to contact the State of California as it is policy to have a request such as that in writing. She said she is a very sick woman, and doesn't want to take the time and effort if she doesn't have a valid case.