Interpretation ID: aiam0159
President
Cony America
16216 S. Broadway
Gardena
CA 90247;
Dear Mr. Hoffman: This responds to your letter of May 2, 1969 in which you asked whethe the Cony vehicle, model AF11SFC, which you import, must be equipped with a windshield defrosting and defogging system in compliance with Motor Vehicle Safety Standard No. 103.; You describe the vehicle as a multipurpose passenger vehicle having a open cab configuration, and your letter states that defrosting and defogging of its windshield is accomplished by natural air currents while the vehicle is operating. You also indicate that the vehicle will be operated on the public highways.; On the basis of the information contained in your letter and study o the two photographs of the Cony that accompanied it, it is our view that, subject to the exceptions noted below, models of this vehicle that have windshield or are fitted for installation of windshields must also have windshield defrosting and defogging systems.; Vehicles which are operated in the continental United States ma encounter icy or snowy conditions in which the absence of a windshield defrosting system may pose an unreasonable safety hazard. The fact that the vehicle lacks an enclosed cab does not appreciably reduce that hazard. However, we do not interpret Standard No. 103 as requiring a defrosting and defogging system in a vehicle that has no windshield and on which a windshield cannot be installed without such major modifications as would make the installer himself a motor vehicle manufacturer. One of the photographs you submitted shows your vehicle without a windshield, but it does not contain enough detail to enable us to determine whether the vehicle falls into the latter category I have described.; You should be aware of two exceptions to the requirements of Standar No. 103, either of which may apply to the Cony. First, section 371.7 of our regulations provides that the standards apply only to vehicles which have a curb weight of more than 1,000 pounds. Hence, the Cony need not conform to the requirements of the standard if its curb weight is 1,000 pounds or less. Second, Standard No. 103 applies only to vehicles manufactured for sale in the continental United States. Therefore, your vehicle could be imported into jurisdictions such as Hawaii and the Virgin Islands even though it fails to conform to the requirements of that standard. The contents of your letter do not furnish enough information to permit us to ascertain whether either exception would apply.; If I can be of further assistance, please do not hesistate (sic) t call upon me for it.; Very truly yours,Lawrence R. Schneider, Acting Assistant Chief Counse for Regulations;