Interpretation ID: aiam3975
65 E. 200 N.
Provo
UT 84601;
Dear Mr. Weight: Thank you for your letter to Secretary Dole concerning black windows i automobiles. Your letter was referred to the National Highway Traffic Safety Administration since we are the agency that issues Federal Motor Vehicle Safety Standards (FMVSS). We have issued FMVSS No. 205, *Glazing Materials*, which sets performance requirements, including light transmittance requirements, for glazing used in motor vehicles. As explained below, FMVSS No. 205 limits the use of darkly tinted windows.; FMVSS No. 205 requires glazing, both tinted and untinted, in a ne passenger car to transmit at least 70 percent of the light that falls on it. To give you an idea of what level of tinting is allowed, please consider the following examples. If a window were completely open, the light transmitted through the opening would be 100 percent, clear windows have about 90 percent light transmittance, while factory-equipped tinted windows in new vehicles have about 80 percent light transmittance.; Minimum visibility levels are necessary to allow the average driver t detect other vehicles, pedestrians, bicyclists and traffic and road signs under all lighting conditions. Were the light transmittance *less* than 70 percent, such as found in darkly tinted glazing, visibility would be reduced to the extent that it could pose a safety hazard. From your description, I assume that the light transmittance of the 'black window' is less than 70 percent. A situation where the light transmittance is below 70 percent may be in violation of FMVSS No. 205.; No manufacturer or dealer is permitted to install tinting material i new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance requirements of the standard. If a dealer, manufacturer, repair business or distributor installs dark tinting material in a used vehicle, then a violation of Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act may result. That section provides that none of these 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 an applicable motor vehicle safety standard. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Owners of used vehicles may, themselves, alter their vehicles, so lon as the vehicle adheres to all State requirements. Under Federal law, the owner may in this manner install dark tinting material regardless of whether the installation adversely affects the light transmittance. 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 dark tinting material on their vehicles.; I hope this information is helpful to you. Sincerely, Jeffrey R. Miller, Chief Counsel