Interpretation ID: 1985-02.10

TYPE: INTERPRETATION-NHTSA

DATE: 04/08/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: The Honorable Herbert Kramer -- Acting Supreme Court Justice

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Herbert Kramer Acting Supreme Court Justice Justices' Chambers 360 Adams Street Brooklyn, NY 11201

Thank you for your letter of March 14, 1985, concerning a case pending before you that involves tinted side windows in a 1980 BMW. You asked us to provide you with information concerning the marking that appeared on the windows. I hope the following discussion of our glazing standard and the significance of the window markings is of assistance to you.

NHTSA has the authority, under the National Traffic and Motor Vehicle Safety Act, (15 U.S.C. 1391 et seq.), to establish Federal motor vehicle safety standards for new motor vehicles. We have issued Standard No. 205, Glazing Materials, which sets performance and other requirements for different items of glazing used in new motor vehicles. (I have enclosed a copy of the standard that was in effect for 1980 model year cars. Also enclosed is the American National Standards Institute (ANSI) Standard No. Z-26 incorporated by reference in Standard No. 205).

The standard requires that glazing used in locations requisite for driving visibility have a luminous transmittance of 70 percent. The agency has considered all windows in a passenger car requisite for driving visibility. Thus, the side windows of a new 1980 BMW imported into the U.S. would have had to comply with the 70 percent luminous transmittance requirement.

Section S6 of Standard No. 205 requires glazing to have four items of identifying information on it. The four items are: a manufacturer's identification code assigned by our agency, the model number of the glazing assigned by the glazing manufacturer, the manufacturer's trademark or distinctive designation and an "AS" number indicating that it meets all of the performance requirements set for that glazing item number.

The markings you provided us from the aide windows of a 1980 BMW indicate the following. The marking "DOT 25" and "DOT 28 are code numbers assigned by this agency to prime glazing manufacturers. DOT 25 is the code number assigned to Flachglas AG of Bayern, Federal Republic of Germany. DOT 28 is the code number assigned to Vereinigte Glaswerke of Porz, Federal Republic of Germany. The markings "M202" and "MIOZ" (based on our experience with manufacturer's model number, we believe that "MIOZ" is a transcription error and should read "M012") are model numbers assigned by the glazing manufacturers. The markings "AS 2" signify that the glazing meets the requirement set in ANSI Z-26 for AS 2 glazing materials. The requirements for AS 2 glazing materials include a requirement in section 4.2 of ANSI Z-26 that AS 2 glazing meet the 70 percent luminous transmittance test of section 5.2. we believe the marking "Delodur - 1F Liz Sekurit" and "Duro-Glas 1F Liz Sekurit" are the trademarks or other distinctive designations assigned by the manufacturers. We do not know what the markings "BS 5282T", "0-295" and MD-291" represent, but we believe the latter two represent European manufacturer identification codes.

I hope this information is of assistance to you. If you have further questions, please let me know.

Sincerely,

Jeffrey R. Miller Chief Counsel

March 14, 1985

Department of Transportation 400-7th Street, N.W. Washington, D.C. 20590

Gentlemen:

There is a case presently before me concerning tinted side windows on a BMW 1980 automobile. Certain information was gathered from these windows and it is necessary for me to determine its significance, if any, with respect to the transmittance of light in accordance with the Vehicle & Traffic Law, section 375.

Please give me any pertinent information regarding the following data:

DOT 25 M202 AS 2 DELODUR - IF BS 5282T LIZ SEKURIT D-295

DOT 28 MIOZ AS 2 DURO-GLAS - IF LIZ SEKURIT MD 291 Thank you for your kind assistance in this matter. Very truly yours,