ID: 3238yy

Mr. Darrell E. Lischynski, P.Eng.
Project Manager, Energy and Processing
Prairie Agricultural Machinery Institute
P.O. Box 1150
Humboldt, Saskatchewan S0K 2A0
Canada

Dear Mr. Lischynski:

This responds to your letter of October 3, 1991 concerning Calmar Industries' Seat Lift Kit for Ford Supercab trucks. As described by you, the "Seat Lift Kit is an attachment to raise the rear bench seat in Ford Supercab trucks. The kit does not alter the factory seat, and uses the factory seat belts. However, the seat mounts are changed, and an extension is provided to raise the seat belt attachment point." You asked which safety standards this kit must meet.

The National Highway Traffic Safety Administration has issued one safety standard that applies to seats, Standard No. 207, Seating Systems, and the following safety standards that apply to safety belts: Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. All safety belts sold in the United States must be certified as complying with Standard No. 209, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as a replacement part. However, since you indicate that the kit uses the factory-installed safety belts, it does not appear that you need to be concerned with this standard.

Since Standard No. 207, Standard No. 208 and Standard No. 210 apply only to new vehicles, they are called vehicle standards. The National Traffic and Motor Vehicle Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale. Therefore, if the seat lift kit is installed in a truck before its sale to its first purchaser, the vehicle with the lift kit installed must conform to these standards.

After the first purchase, the vehicle is no longer required by Federal law to conform with all safety standards. However, section 108(a)(2)(A) of the Safety Act provides as follows:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installed the lift kit would need to ensure, by carefully comparing the lift kit and its planned installation with the requirements of relevant safety standards, that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles.

I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:VSA#207#208#209#210 d:l2/4/9l

ID: 3239yy

Mr. Michael E. Kastner
Director of Government Relations
National Truck Equipment Association
1350 New York Avenue NW, Suite 800
Washington, DC 20005-4797

Dear Mr. Kastner:

This responds to your letter of September 4, 1991, asking whether an altered vehicle label must be added under the following circumstances:

An NTEA member receives a truck which is certified as a completed vehicle. This vehicle has not yet been titled or registered for use in any state. The NTEA member then installs a piece of equipment. This piece of equipment would not be considered readily attachable, nor would this equipment modify the completed vehicle's weight ratings. Both the completed truck manufacturer and the equipment manufacturer have stated that installation of this equipment would not affect compliance with any federal motor vehicle safety standard.

If the modification you describe is performed prior to the first purchase in good faith of the vehicle for purposes other than resale, the answer to your question is yes. A person is considered an alterer if (1) they alter the vehicle in any manner "other than by the addition, substitution, or removal of readily attachable components ... or minor finishing operations," or (2) they alter "the vehicle is such a manner that its stated weight ratings are no longer valid." Since the conditions you describe involve equipment which is not readily attachable, the NTEA member would be considered an alterer.

If considered an alterer, the NTEA member would be subject to the certification requirements of 49 CFR 567.7. These requirements include provisions that the alterer supplement the existing manufacturer certification label, which must remain on the vehicle, by affixing an additional label. The label must state that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards. The label would also state the alterer and the month and the year in which the alterations were completed.

If the modification you describe is performed after the first purchase in good faith of the vehicle for purposes other than resale, the NTEA member would not be considered an alterer and an alteration label would not have to be attached. Under these conditions, the only provision in Federal law that affects the vehicle's continuing compliance with applicable safety standards is set forth in section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section provides:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard.

In general, this "render inoperative" provision would require any of these named entities to ensure that any additional equipment installed in a vehicle would not negatively affect the compliance of any component or design on the vehicle with applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines up to $1,000 per violation.

I hope this information is helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:VSA#567 d:12/6/9l

ID: 3240yy

Mr. Floyd J. Barkman
Vice President Sales & Marketing
Collins Bus Corporation
P.O. Box 2946
Hutchinson, KS 67504-2946

Dear Mr. Barkman:

This responds to your letter of October 16, 1991, to Ms. Susan Schruth of the Urban Mass Transportation Administration. Because your questions concern a final rule issued by the National Highway Traffic Safety Administration (NHTSA), Ms. Schruth has referred your letter to our office for response. Your questions are as follows.

1. Based on a final ruling that went into effect September 1, 1991, all MPV and/or buses with a gross vehicle weight less than 10,000 pounds are required to have Type 1 or Type 2 occupant restraints at all seated positions. Also, all outboard occupants or passengers are required to have three point shoulder harness. We also understand school buses are exempt from the outboard shoulder harness. Are these statements correct and are there any exceptions to these rulings?

Your understanding of the September 1, 1991, final rule is correct. The only exception to these requirements is that the rear-seat lap/shoulder belt requirement does not apply to rear outboard seating positions located adjacent to a walkway located between the seat and the side of the vehicle to allow access to more rearward seating positions. I am enclosing a copy of the Federal Register notice for this final rule. A discussion of this exception is found on page 46258. A discussion of the agency's rationale for excluding small school buses from the rear-seat lap/shoulder belt requirement is found on page 46260 of the same notice.

2. We build under 10,000 GVW buses for the day care industry that use school bus interiors with school bus safety seats and lap belts at all locations. The exterior of the bus is commercial. Would these buses require the outboard shoulder harness?

The answer to this question depends on whether these vehicles are classified as school buses. Under NHTSA's certification requirements (49 CFR Part 567), a vehicle's type is determined using the definitions set out in 49 CFR 571.3. A school bus is defined as a motor vehicle designed for carrying 11 or more persons, including a driver, to and from school or school-related events. A program for pre-primary age children is considered a school if the program is primarily educational rather than custodial in nature. If your vehicle is a not a school bus, it must comply with the rear-seat lap/shoulder belt requirement. If the vehicle is a school bus, it does not have to comply with this requirement.

I hope this information is helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosure /ref:208 d:12/6/9l

ID: 3241yy

John C. Buonora
Director
The City of New York
Police Department
Motor Transport Division
53-15 58th Street
Woodside, NY 11377

Dear Mr. Buonora:

This responds to your letter of November 1, 1991, "regarding the removal of the operating handle for the reclining mechanism of the 1991 Chevrolet police car split bench seat." You asked for "a written determination stating whether or not the removal of the operating handle violates the seat safety standard and any possible NYPD legal liability in the event of an accident." I am pleased to have this opportunity to explain the requirements of Federal law for you.

The National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes this agency to issue safety standards for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to certify that each of their new vehicles or new items of equipment complies with all applicable safety standards at the time the product is delivered to the first purchaser in good faith for purposes other than resale.

After a vehicle is delivered to the first purchaser for purposes other than resale, modifications to the vehicle are affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits any manufacturer, dealer, distributor, or repair business from "rendering inoperative" any device or element of design installed in a vehicle in compliance with a safety standard. Therefore, if a business in any of the aforementioned categories removed the reclining mechanism operating handle, it would need to ensure that the vehicle continued to comply with all applicable safety standards following the removal.

Please note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles. Therefore, the City of New York Police Department may itself remove the operating handle for the seat reclining mechanism on vehicles it owns without violating the "render inoperative" provision or any other provisions of the Safety Act, even if such removal did result in the vehicle no longer complying with all applicable safety standards.

However, the individual States have the authority to regulate the modifications that owners can make to their own vehicles. You should contact the State of New York to learn if it has enacted any laws or regulations that apply to your planned modification. In addition, since legal liability is a matter of state law, you may wish to consult with an attorney familiar with the law in the State of New York regarding potential liability.

I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:VSA d:12/3/9l

ID: 3242yy

Ms. Sandra Mesh-Witucki
McGraw, Borchard & Martin
5200 State Street
Saginaw, Michigan 48603

Dear Ms. Mesh-Witucki:

This responds to your November 1, 1991 letter in which you asked for "a certified copy of all rules/standards applicable to (a 1987 Chevrolet Cargo Van Conversion) both before and after conversion, and any other information you feel may be of assistance." Your letter mentioned that you are interested in this information for pending litigation concerning an accident in which this vehicle was involved in which, "(a)llegedly, a rear seat passenger suffered a spinal fracture from the lap belt." In a phone conversation with Mary Versailles of my staff on November 26, 1991, you verified that you are specifically interested in regulations concerning the type of safety belts this vehicle was required to have. The following discussion should clarify NHTSA regulations regarding safety belts.

The safety belt installation requirements for all vehicle types are set forth in Standard No. 208, Occupant Crash Protection (49 CFR 571.208). S4.2.1 of Standard No. 208 gives vehicle manufacturers a choice of three options for providing occupant crash protection in trucks and multipurpose passenger vehicles with a GVWR of 10,000 pounds or less, manufactured on or after January 1, 1976 and before September 1, 1991. Option 1, set forth in S4.1.2.1, requires vehicle manufacturers to provide automatic protection at the front outboard seating positions, lap or lap/shoulder safety belts at all other seating positions, and either meet the lateral crash protection and rollover requirements by means of automatic protection systems or have manual safety belts at the front outboard seating positions such that those positions comply with the occupant protection requirements when occupants are protected by both the safety belts and the automatic protection. Option 2, set forth in S4.1.2.2, requires vehicle manufacturers to provide a lap or lap/shoulder safety belt at every seating position, have automatic protection for the front outboard seats, and have a warning system for the safety belts provided. Option 3, set forth in S4.1.2.3, requires the manufacturer to install lap or lap/shoulder safety belts at every seating position and to have a warning system for those belts.

Standard No. 208 and all the rest of NHTSA's safety standards are found in Title 49 of the Code of Federal Regulations (CFR), Part 571. This and all other volumes of the CFR may be purchased by contacting:

Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 Phone: (202) 783-3238

Because the CFR is published by the Government Printing Office, that office is the only source for certified copies of the regulations.

I hope this information is helpful. If you have any more questions about this issue, feel free to contact Mary Versailles at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:208 d:l2/l0/9l

ID: 3243yy

Mr. Don Weidman
Manager, Special Projects
The Grote Manufacturing Company
2600 Lanier Drive
Madison, Indiana 47250

Dear Mr. Weidman:

This responds to your letter of November 25, 1991, with respect to the applicability of some new requirements of Motor Vehicle Safety Standard No. 108 to "agricultural vehicles and implements when they are traveling on the highways." Specifically you ask whether the requirements of Standard No. 108 or SAE J137 must be complied with when agricultural equipment is in use.

The Federal motor vehicle safety standards apply to motor vehicles, which are defined, in pertinent part, by the National Traffic and Motor Vehicle Safety Act as vehicles "manufactured primarily for use on the public streets, roads, and highways." Because the primary use for agricultural vehicles such as farm tractors, combines, and the like is off the public roads, and their use of the public roads is incidental to their intended use, NHTSA does not consider agricultural vehicles to be "motor vehicles" within the meaning of the Act. This means that they do not have to conform to Standard No. l08, or any other Federal motor vehicle safety standard.

Regulations governing the use of the public roads are issued and enforced by the individual States. We have no knowledge whether any State requires the lighting on agricultural equipment to conform to SAE J137, or to Standard No. l08. The American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, may be able to answer this question for you.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:l08 d:l2/l0/9l

ID: 3244yy

Mr. James Watson
Post Office Box 153
Finleyville, PA 15332

Re: United States Customs Service File No. 866522R

Dear Mr. Watson:

This responds to your request for my opinion of whether a particular vehicle, an e-tant manufactured in Thailand by P.S.N, that you wish to import into the United States for your own use as a "farm vehicle," would be considered a "motor vehicle" for the purposes of the National Traffic and Motor Vehicle Safety Act (Safety Act). According to materials you submitted, the e-tant has the appearance of a small flat bed truck. However, since it has a small 11.5 horsepower engine, you believe its top speed would be under 20 mph. You believe that the e-tant should be classified as a "farm vehicle," explaining that you disagree with the U.S. Customs Service classification (NY ruling 866522 dated September 11, 1991) of the e-tant as a motor vehicle. You further explained that the e-tant is generally used as a farm vehicle in Thailand. Based on the information provided in your letter, it is our opinion that the e-tant would be a motor vehicle under the Safety Act.

Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a "motor vehicle" as

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

NHTSA has interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Further, vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel.

On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, a utility vehicle like the Jeep is plainly a motor vehicle, even though it is equipped with special features to permit off-road operation. If a vehicle's greatest use will be off-road, but it will spend a substantial amount of time on-road, then NHTSA has interpreted the vehicle to be a "motor vehicle." This finding was made with respect to dune buggies, notwithstanding the manufacturers' statements that the vehicles were not intended to be used on the public roads.

NHTSA has also stated in many prior interpretations that even vehicles that will regularly be used on the public roads will not be considered "motor vehicles" for purposes of the Safety Act, if the vehicles have an abnormal body configuration that readily distinguishes them from other highway vehicles and a maximum speed of 20 mph or less.

Your vehicle is not easily classified under any of these groupings. In such circumstances, we are sometimes able to evaluate factors related to how manufacturers/dealers will advertise, market, and service a particular vehicle in the United States. However, these factors are not relevant where a person is importing a single vehicle for his or her own use. I also note that an individual owner's planned use for a vehicle being imported is not determinative of whether the vehicle is a motor vehicle.

We believe that the relevant factors concerning whether the e-tant is considered a motor vehicle are as follows. First, the e-tant has a body configuration similar to a standard truck. Moreover, in the country where it is manufactured for sale, your letter indicates that the vehicle is used on rural highways to carry crops to market in nearby towns and for visiting friends. In addition, since the e-tant closely resembles a standard small truck, it is likely that states would register it for use on the public highways. The only factor you have identified which suggests that the e-tant should not be considered a motor vehicle is its slow speed, which you believe would be under 20 mph. However, NHTSA does not consider slow speed to be a sufficient factor by itself to take a vehicle which otherwise would be considered a motor vehicle outside of that category. Therefore, after considering all of these factors, it is our opinion that the e-tant would be considered a motor vehicle.

If you have any further questions or need additional information, please contact Marvin Shaw of my staff at this address.

Sincerely,

Paul Jackson Rice Chief Counsel cc: Area Director of Customs New York Seaport New York, NY 10048

Office of Regulations and Rulings U.S. Customs Service Headquarters 1301 Constitution Avenue, N.W. Washington, D.C. 20229 /ref:VSA#571 d:l2/l0/90l

ID: 3245yy

Mr. Alan E. Willis
Senior Transportation Engineer
Franchise Regulation Division
City of Los Angeles Department of
Transportation
Room 1200, City Hall
Los Angeles, CA 90012

Dear Mr. Willis:

This responds to your letter concerning the installation of safety shields in 1982 model year and newer taxicabs. According to your letter, the City of Los Angeles plans to require the safety shields in order to deter or prevent crimes against taxicab drivers. The safety shields would be of a bullet resistant design (1/2" thick General Electric "LEXGUARD" or equivalent) complete with side panels, seat back protection and pass-through fare box. You asked whether any safety standards apply to such safety shields. I appreciate the opportunity to explain our regulations to you.

One Federal motor vehicle safety standard, Standard No. 205, Glazing Materials, applies directly to interior partitions such as taxicab safety shields, if the partition contains glazing material. The glazing used in taxicab safety shields, including ones that are installed on used vehicles, must meet the requirements of that standard.

In addition, the installation of a safety shield might affect the compliance of a vehicle with a number of other safety standards, including Standard No. 111, Rearview Mirrors, Standard No. 201, Occupant Protection in Interior Impact, Standard No. 202, Head Restraints, and Standard No. 208, Occupant Crash Protection. If a new vehicle is altered by the installation of a safety shield prior to the vehicle's first sale to a consumer, the person making the installation is required by 49 CFR Part 567, Certification, to certify that the vehicle complies with all safety standards affected by the alteration.

After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, section 108(a)(2)(A) of the Safety Act provides as follows: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . .

In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installs a safety shield should ensure, by carefully comparing the safety shield and its planned installation with the requirements of relevant safety standards, that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of 108(a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that section 108(a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles.

I hope you find this information helpful. If you have any questions or need further information, please contact Edward Glancy of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel ref:VSA#201#205 d:l2/l6/9l

ID: 3259o

Mr. Donald N. Stahl
District Attorney
Office of District Attorney
Bureau of Investigation
Court House
P.O. Box 442
Modesto, CA 95353

Dear Mr. Stahl:

Re: McCoy Tire Service Center D.A. No. CF696

This responds to your letter asking about requirements concerning the importation of tire casings. According to your letter, a routine inspection by the California Highway Patrol (CHP) of a local school district's buses disclosed recapped tires on a bus which did not have DOT markings on the tires. The CHP learned that the tire casings were originally designed for use by a rubber tire train in Japan and were new tires that had been imported for recapping purposes. The tire casings were imported as slicks (no tread design), and the slick was removed. The tires were then recapped using the "bondag" process and sold to the school district. You asked whether it is permissible to import this type of tire casing and, if so, whether the particular type of tire casing meets Department of Transportation standards. Your questions are responded to below. Our opinions are based on the facts provided in your letter.

Before addressing your specific questions, I will provide background information about requirements for tires. All tires which are subject to a Federal motor vehicle safety standard must have the symbol "DOT" molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standards.

New tires for use on school buses are subject to Federal Motor Vehicle Safety Standard No. ll9 (49 CFR 571.119). Section S6.5(a) of the standard requires that all new tires for use on motor vehicles other than passenger cars have the DOT symbol molded into the sidewall by the manufacturer. Tires without this symbol may not be legally imported. This is also true for used tires manufactured on or after the effective date of Standard No. ll9, March l, l975, with one narrow exception.

Used tires for use on motor vehicles other than passenger cars which have less than 2/32 inch of tread remaining and which are imported solely for the purpose of being retreaded in this country prior to resale may be imported without a DOT symbol on the sidewall. I have enclosed a copy of a June l8, l98l letter to Mr. Roy Littlefield, which explains in detail the requirements of this narrow exception to the requirements that used tires have a DOT symbol on the sidewall to be legally imported.

No Federal safety standard is applicable to retreaded tires for use on motor vehicles other than passenger cars. They may be imported without certification of compliance by the retreader. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 CFR Part 574.

Your first question is whether it is permissible to import the type of tire casing at issue. As indicated above, new tires for use on school buses may not be imported without the DOT symbol. However, it is our opinion that the casings at issue are materials needing further manufacturing operations to become completed items of motor vehicle equipment, rather than finished items of motor vehicle equipment (tires which could lawfully be used or sold as they are). This opinion is based on the fact that the casings are being imported as slicks, which generally cannot be used on the public highways under state laws since they have no tread, and since the casings are being imported for purposes of recapping.

Your second question is whether the casings at issue meet Department of Transportation standards. A key issue in answering this question is whether the tires are considered to be retreaded tires or new tires subject to Standard No. ll9. It is our opinion that any tires manufactured by applying new tread to new casings are considered new tires rather than retreaded tires, and are subject to the same requirements as any other new tires.

The National Highway Traffic Safety Administration defines "retreaded" as "manufactured by a process in which a tread is attached to a casing." The term "casing" is defined as "a used tire to which additional tread may be attached for the purpose of retreading." See 49 CFR Part 57l.ll7 and 49 CFR Part 574.3(b).

In the situation you described in your letter, the casings were not used tires at the time the "recapping" took place. Instead, they were simply new tires (originally designed for use on a rubber tire train) which were imported for recapping purposes. These casings would not be considered used tires until they have actually been used (presumably on a train prior to importation, or on the highway, with the new tread attached, in the United States.)

Since the tires at issue were not used tires at the time they were recapped, they are not retreaded tires but are instead new tires, subject to Standard No. ll9. The tires would appear not to comply with Standard No. ll9, given the absence of the DOT symbol. Your letter states that the original manufacturer of the tires has stated that the tires are not suitable by any means for highway use. If the tires are not suitable for highway use after they have been recapped, they may contain a safety-related defect. See l5 U.S.C. l4ll et seq. We note that the defect provisions of the National Traffic and Motor Vehicle Safety Act apply to items of motor vehicle equipment regardless of whether there is an applicable safety standard.

We hope this information is helpful, and we are referring your letter to our Office of Enforcement.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA#574#119 d:l2/9/88

ID: 3260o

Mr. Richard R. Lender
President
Coachland, inc.
3361 Lansing Road, Rt. 7
Charlotte, MI 48813

Dear Mr. Lender:

This responds to your November 10, 1988 letter concerning the importation of windshields for vintage buses produced from 1955 through 1962. You indicated that these windshields are not certified as complying with Standard No. 205, Glazing Materials (49 CFR 571.205), but asserted that the windshields "do meet all other regulations." You suggested that you ought to be permitted to import these windshields even though they are not certified as complying with Standard No. 205, because the windshields will only fit buses manufactured between 1955 and 1962, whereas Standard No. 205 did not become effective until January 1, 1968. This suggestion is incorrect. Your company is prohibited by Federal law from importing or selling windshields that are not certified as complying with Standard No. 205 if the windshields were manufactured on or after January 1, 1968.

I have recently discussed this topic at length in a September 12, 1988 letter to Mr. Steve Zlotkin (copy enclosed). To briefly repeat, Standard No. 205 requires all items of glazing material for use in motor vehicles manufactured on or after January 1, 1968 (the effective date of the standard) to comply with all applicable requirements of Standard No. 205. It is the date of manufacture of the glazing material itself, not the date of manufacture of the vehicle in which the glazing material will be installed, that determines whether the glazing material must comply with all requirements of Standard No. 205.

Your letter indicated that your company conferred with Mr. Francis Armstrong, formerly the director of our Office of Vehicle Safety Compliance, and that you "were given permission" to import similar windshields in 1985. I regret any misunderstanding you may have had of the long-established agency position on this question as a result of this conference. The agency's interpretation that it is the date of manufacture of the glazing that determines whether it is subject to Standard No. 205, not the date of manufacture of the vehicle in which the glazing is to be installed, was first announced in a May 8, 1967 letter to Mr. Earl Kintner (copy enclosed). Every time the agency has been asked this question for the past 21 years, it has repeated the position originally taken in the letter to Mr. Kintner. If anyone in this agency has ever given you or your company a different response to this question, the response did not reflect the agency's position.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

ref:205 d:l2/9/88