Interpretation ID: 2876o
Chairman of the Board
ITD Industries, Inc.
2544 Terminal Drive South
St. Petersburg, FL 33712
Dear Mr. O'Brien:
This responds to your letters of January 29, 1988, and March 15, 1988, requesting a determination concerning the installation of one of your products in used vehicles. You enclosed a sample of a clear plastic film with a scratch-resistant coating on it and a pressure sensitive adhesive used to attach the plastic film to the glass. You asked whether it is "legal to retrofit existing cars of windshields with a 4 mil clear film with a scratch-resistant coating that meets the anti-lacerative windshield spec as far as scratch resistance.." I am pleased to have this opportunity to explain our statute and regulations to you.
The National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue safety standards for new motor vehicles and items of motor vehicle equipment. The Safety Act establishes a "self-certification" process in which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Accordingly, the National Highway Traffic Safety Administration (NHTSA) does not approve motor vehicles or items of motor vehicle equipment.
We have issued Standard 205, Glazing Material (49 CFR 571.205), which establishes performance criteria for the types of glazing that may be used in various types and locations of motor vehicles. Your clear plastic film is not itself glazing material, so it does not have to comply with the requirements of Standard 205. Even though Standard 205 does not apply specifically to your product, there are several statutory provisions of which you should be aware.
Clear plastic film would be considered motor vehicle equipment, under section 102(4) of the Safety Act (15 U.S.C. 1391(4)). Thus, as a manufacturer of motor vehicle equipment, you would be subject to the requirements in sections 151-160 of the Safety Act (15 U.S.C. 1411-1420) concerning the recall and remedy of products with defects related to motor vehicle safety. You also should be aware of section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)), which prohibits any manufacturer, dealer, distributor, or repair business from knowingly "rendering inoperative" any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard. Standard 205 specifies 14 performance elements with which glazing might not comply if your clear plastic film were installed. If the application of your film to windshields in used vehicles would render inoperative the glazing's compliance with these provisions of Standard 205, any manufacturer, dealer, distributor, or repair business that applied your film would be subject to a civil penalty of up to $1,000 for each application, as specified in section 109 of the Safety Act (15 U.S.C. 1398).
If the windshield continues to comply with the requirements of Standard 205 after application of this film, it may legally be installed by any business. Because of this potential liability, a repair shop or other business that installs glazing films may ask your company to provide some assurance that the motor vehicle windshield, as modified by the installation of your film, continues to meet the performance requirements set forth in Standard 205.
Please note that the "render inoperative" prohibition does not apply to individual vehicle owners. Federal law permits individual vehicle owners to install any materials on the glazing in their vehicles, regardless of the effect on compliance with Standard 205. However, the individual States govern the operational use of vehicles by their owners and it is within the authority of the States to preclude owners from installing certain films on their own vehicles.
I appreciate your interest in safety and your desire to ensure that your company complies with all Federal requirements. If you have any further questions or need additional information, please let me know.
Sincerely,
Erika Z. Jones Chief Counsel ref:205 d:7/11/88