Interpretation ID: aiam1575
Commander
Engineering Section
Department of California Highway Patrol
P.O. Box 898
Sacramento
CA 95804;
Dear Commander Heath: This is in reply to your letter of July 5, 1974, asking whether consistently with the National Traffic and Motor Vehicle Safety Act, California may amend its vehicle code to permit the use of dark tint glazing material in the rear windows of passenger vehicles following their sale, when they are equipped with outside rearview mirrors on both sides of the vehicle.; Assuming that the material does not conform to Standard No. 205, a amendment such as the one you describe would not be consistent with Motor Vehicle Safety Standard No. 205, and would thus be null and void under section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)). That section preempts State standards which are not identical to Federal standards applicable to the same aspect of motor vehicle or equipment performance.; Standard No. 205 applies to the glazing used in motor vehicles, settin performance and labeling requirements as well as specifying in which vehicle locations various types of glazing materials may be used. The standard does not apply to motor vehicles as such, and your rationale that the standard does not apply after the vehicle's first purchase is inapposite in this case. Unless the glazing you describe meets the requirements for either one of the glazing items listed in ANS Z26.1 or one of the additional items added by Standard No. 205, it cannot be manufactured or sold for use in motor vehicles. Unless occurring after the first purchase of the glazing material for a purpose other than resale, the installation in a motor vehicle of glazing that does not conform to the standard, or its installation in a vehicle location that is not provided for in Standard No. 205, regardless in each case of whether the vehicle is new or used, would be a violation of section 108 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397), as it would be an introduction into interstate commerce of an item of motor vehicle equipment (the glazing) which did not conform to an applicable standard.; Yours truly, Richard B. Dyson, Acting Chief Counsel