Interpretation ID: 77-1.17

TYPE: INTERPRETATION-NHTSA

DATE: 02/02/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Commercial Plastics

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of December 7, 1976, regarding the use of plastic glazing materials for side windows of school buses. You asked what materials are permitted by Federal regulations for school bus side windows and whether Federal laws concerning the materials that may be used preempt State laws on the same subject.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1381 et. seq.) provides in part:

Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

Safety Standard No. 205, Glazing Materials (49 CFR 571.205) currently does not permit the use of plastic glazing in bus side windows. Therefore, State laws that permit plastic glazing are in direct conflict with Standard No. 205, and it is the agency's opinion that they would be preempted.

I would point out that the agency recently issued a proposal to amend Standard No. 205 that would permit the use of rigid plastic glazing in bus side windows (41 FR 56837, Dec. 30, 1976). I am enclosing a copy of this proposal for your information. I am also enclosing a copy of Standard No. 205 and the ANS Z26 standard that is incorporated by reference in Standard No. 205. From these standards you can determine the various types of glazing materials that are permitted for side windows and the requirements that the glazing must meet.

Regarding your question about replacement glazing, Standard No. 205 is not a vehicle standard and is applicable to all glazing for use in motor vehicles, whether the glazing is to be installed in new vehicles or as replacement in used vehicles. Therefore, glazing manufacturers and fabricators cannot produce glazing to be used in a given location in a vehicle unless the standard permits that type of glazing to be used in that location, regardless of whether it is original or replacement glazing.

SINCERELY,

COMMERCIAL PLASTICS & SUPPLY CORP.

December 7, 1976

Office of Chief Council National Hway Traffic Safety Admin.

Att: Mr. Oates:

We have received many inquiries in recent months regarding the use of plastic glazing materials for the side windows of school buses. Naturally, our primary concern is what material is permitted by the Department of Transportation for this use.

On Thursday, November 18, I was in telephone contact with you regarding this subject of school bus glazing. My question is, does the jurisdiction of the Department of Transportation supercede that of the State Agencies concerning material permitted in the buses? If so, then why are there states that presently have their own requirements for these buses, which greatly differ from those of your department.

My second question is, what material is accepted by your department for side window glazing and what are the specifications and requirements this material must meet? If it is possible, please send me a copy of this for examination.

Finally, please explain in detail the Standard 205 with respect to replacement window glazing and new equipment requirements. I feel a full explanation will clear up many of my questions.

Thanking in in advance, I remain

David Munafo Transportation Division