Interpretation ID: 1985-02.16

TYPE: INTERPRETATION-NHTSA

DATE: 04/16/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Jeffrey Richard -- JBR Manufacturing

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Jeffrey Richard JBR Manufacturing P.O. Box 415 Fairfield IA 52556

This responds to your letter inquiring about the Federal safety standards that would apply to a product you are planning to sell. You stated that the product is a 6 inch by 4 inch sheet of 1/8 inch thick semi-transparent rubber that is held on a side window of a vehicle by four suction cups. The purpose of the sheet is to shield vehicle occupants from the sun. The following discussion explains the applicability of our safety standards to your sun screen.

Pursuant to the National Traffic and Motor Vehicle Safety Act, we have issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, (49 CFR 571.205) which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).

Any manufacturer, dealer or other person who installs tinting films or other sun screen devices, such as those described in your letter, in new vehicles must certify that the vehicle as altered, continues to comply with the requirements of the standard. Thus, for example, the light transmittance through the combination of the sun-screening material and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the other applicable requirements of the standard, such as the abrasion resistance requirements.

After a vehicle is sold to the consumer, owners may alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, an owner may install any device regardless of whether the installation adversely affects light transmittance. The agency does, however, urge owners not to install equipment which would render inoperative the compliance of a vehicle with our standards. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from applying sun screens on their vehicles.

If a manufacturer, dealer, distributor or motor vehicle repair business installs the sun screen device for the owner of a used vehicle, then S108(a)(2)(A) of the Vehicle Safety Act may apply. That section provides that none of those persons may knowingly render inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with a Federal motor vehicle safety standard. Violation of the "render inoperative" provision can result in Federal civil penalties of up to $1,000 for each violation.

I am enclosing the sample of your product you sent with your letter. If you need further information, the agency will be glad to provide it.

Sincerely,

Original Signed By

Jeffery R. Miller Chief Counsel

Enclosure

JRB Manufacturing P.O. Box 415 Fairfield, IA 52556 (515) 472-7249 Jeffrey Richard

To whom it may concern:

We are proud to have solved the problems of the glare form the sun, of the automobile driver and its passengers, with our all new Glare Stopper.

The Glare Stopper is a great help for stopping glare from babies eyes, while sitting in the required car seat. It is also a big help for the driver from glare when the sun is too low for the sun visor, or too far over. The Glare Stopper will easily stick, or adhere to, the glass, with its suction cups. It is easily moved with one hand. The Glare Stopper works well for coverage of the side mirror at night, when headlights blind driver from seeing ahead, one only has to stick it to the side glass over the mirror. Passengers also enjoy the Glare Stopper to cover the glare in the rear windshield, as well as rear side windows. Driver enjoys the Glare Stopper to cover glare off the hood as well as glare coming in the side window, or when the glare comes in just beside the rear mirror.

Glare Stopper now makes it safer for drivers to drive into the morning or evening sun. Being just about the size of a persons hand, 4" x 6", makes it easy to see around while being used by a passenger. For added safety, a warning label has been placed on the back of the Glare Stopper where it will obstruct driver's view.

Glare Stopper is made of a durable rubber called jolite. It can't be torn, just cut. It is a semi-transparent material.

I have spoken to the law officers and officials which were of the state of Iowa. They said the Glare Stopper didn't violate any of Iowa's obstruction or tint laws for automobiles, because it didn't cover a large portion of the windshield.

I did, however, want the approval of the National Highway Traffic Safety Administration.

This is my first invention and company establishment, therefore I'd appreciate full consideration of my product. I have enclosed one full sample, as well as, portions of the other colors, which they come in.

Thank you for your time and consideration.

Truly,

JRB Manufacturing Jeffrey Richard Owner/Inventor Manager/Salesman

P.S. The Glare Stopper's rough backside keeps it from reflecting the sun from your car into the eyes of an oncoming car. Enclosures