Interpretation ID: 1985-01.41

TYPE: INTERPRETATION-NHTSA

DATE: 03/01/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Andrew P. Kallman -- Kallman Marketing

TITLE: FMVSS INTERPRETATION

ATTACHMT: 10/28/88 letter from Erika Z. Jones to Andrew P. Kallman (A32; Std. 205; Std. 212); 2/8/88 letter from Andrew P. Kallman to Erika Z. Jones and Susan Schruth (ACC 1569)

TEXT:

Mr. Andrew P. Kallman Kallman Marketing 205 W. Saginaw Lansing, MI 48933 Dear Mr. Kallman:

This responds to your letter of January 14, 1985, concerning what regulations affect a process you intend to market for new and used cars. The process consists of grinding two parallel grooves into the lower portion of the windshield. The grooves are 2mm wide, 0.1-0.3mm deep, and are 2mm from each other. You stated that the purpose of the grooves is to improve the efficiency of the wipers and increase their life expectancy. The following discussions address the effect of our regulations on the process you described.

First, let me explain how our regulations apply to a new vehicle or to a new windshield sold as an item of replacement equipment. Our agency has issued Standard No. 205, Glazing Materials, which sets performance requirements for glazing materials used in new vehicles or sold as items of replacement equipment. I have enclosed a copy of the standard. If, before they are sold, the safety grooves are ground into either the windshield of a new vehicle or into a new windshield sold as an item of replacement of equipment, the person making the grooves would have to certify that the glazing continues to be in compliance with all of the requirements of Standard No. 205 for windshields. I note that the test results enclosed with your letter do not address whether the glazing would continue to comply with the requirements after it has had the safety grooves ground into it. In particular, we would urge you to determine whether the glazing would continue to comply with the requirements regarding impact and penetration resistance, optical deviation and visual distortion after the grooves have been ground into the windshield. Purchasers of a new vehicle may alter the vehicle as they please, so long as they adhere to all State requirements.

If the safety grooves are ground into the windshield of a used vehicle, then Section 108 (a)(2)(A) of the National Traffic and Motor Safety Act may apply. That section 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 grind the grooves into a vehicle's windshield if by so doing they would render inoperative the compliance of the vehicle's glazing with Standard No. 205. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.

If you have any further questions, please let me know.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

205 W. Saginaw Lansing, M 4d833 (517) 484-0699 TLX. 517360

January 14, 1985

Office of Chief Counsel National Highway Traffic Administration 400 7th Street S.W. Washington D.C. 20590

Gentlemen:

Please find enclosed a brochure, technical results, and other testimonials on a new Product called "Turvaura" in Finnish, which being translated means "saftey grooves". Safety grooves consist of two Parallel grooves ground into the windshield on the lower part of the windshield. The grooves are 2 mm wide, 0.1-0.3 mm deep and at a distance of 2 mm from each other.

In the enclosed literature you will find the following points expanded upon:

1. The saftey grooves are an acknowledged Finnish invention (Pat. No. 50229).

2. The saftey grooves increase the efficiency of the wipers improving the wiping result and reducing glare.

3. The saftey grooves reduce the scratching effect of dirt particles on the windscreen and also reduce the amount of washing liquid used due to the increased efficiency of the wiper blades.

4. The saftey grooves increase the wiper blade life expectancy.

5. The saftey grooves do not weaken the strength of the windshield. (See also the enclosed report from the Technical Research Centre of Finland).

6. The saftey grooves need no maintenance and are permanently grooved into the windshield.

Our corporation has obtained from the producer in Finland the national marketing rights for all of the U.S. for both the new and aftermarket applicatlon of these grooves. We would appreciate a response from you regarding the process necessary to obtain approval or waiver in respect to any vehicle saftey standards applicable to this product.

In advance, thank you for your assistance.

Very truly yours,

Andrew P. Kallman Director [Enclosures Omitted)