Interpretation ID: aiam3358
7104 San Bartolo
Carlsbad
California 92008;
Dear Mr. Hingtgen: This is in reply to your letter of August 13, 1980, requestin information concerning all Federal Motor Vehicle Safety Standards relevant to the manufacture and sale of an auxiliary wind deflector.; The National traffic and Motor Vehicle Safety Act of 1966, as amende (the Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards which are applicable to motor vehicles or motor vehicle equipment. Based upon the information you have provided, it is our opinion that you wind deflector is subject to Safety Standard No. 205, 'Glazing Materials' (copy enclosed). Incorporating by reference 'ANSZ26,' the American National Standard's Safety Code for Glazing Materials, Safety Standard No. 205 specifies performance requirements for various types of glazing and also the location in vehicles in which each type of glazing may be used. Under the requirements of this standard, an auxiliary wind deflector to be used on a passenger vehicle at levels requisite for driving ability may be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials, depending upon its proposed location on the vehicle (the various types of glazing are designated as 'Items' in the standard). Thus the material you propose to use is acceptable since it is Plexiglass or Acuylite having an Item 4 rating, which may be used as a wind deflector placed on the side window of a vehicle. Such AS-4 glazing material must of course meet Test No. 2, 'Luminous Transmittance,' which requires that the material 'show regular (parallel) luminous transmittance of not less than 70 percent of the light, at normal incidence, both before and after irradiation.'; Safety Standard No. 205 also sets forth specific certification an marking requirements. The requirements for prime glazing material manufacturers (those who fabricate, laminate, or temper the glazing material) are set out in paragraphs S6.1-S6.3. While not Explicitly stated in you letter, it appears that you do not manufacture the glazing you use in your deflector, but instead purchase it from a prime glazing manufacturer and then cut it youself(sic). If this assumption is correct, then you are set out in Paragraphs S6.4 and S6.5. By reference to section 6 of ANS Z26, you are required under this paragraph to mark any section of glazing that you cut with the same words, designations, characters, and numerals as the piece of glazing from which it was taken. This means that you would stamp your product with markings identical to those found on the acrylic sheets you purchased. Each item must also be certified pursuant to section 114 of the Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of a container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Safety Standard No. 205.; Under Section 108(a)(1)(A) and (b)(1) of the Act, new motor vehicl equipment such as wind deflectors must comply with applicable safety standards prior to its first purchase by someone for purposes other than resale. The manufacture or installation of a wind deflector that does not conform to the standard, or the installation in a new vehicle in a location that is not provided for in Standard No. 205, would be a violation of section 108(a)(1)(A). Under Section 109, anyone who violates section 108(a)(1)(A) is subject to a civil penalty up to $1,000 for each violation.; After the first purchase of the equipment for purposes other tha resale, i.e., its purchase by a consumer, tampering with the equipment is limited by Section 108(a)(2)(A). This section prohibits certain entities an persons from knowingly removing, disconnecting, or reducing performance of equipment or elements of design installed on a vehicle in accordance with applicable safety standards. The prohibition applies only to manufacturers, distributors, and dealers of motor vehicles and motor vehicle equipment, and to motor vehicle repair businesses. There is no prohibition against an individual person modifying his or her own vehicle or equipment. Section 109 provides a civil penalty of up to $1,000 for each violation of this section.; Manufacturers of motor vehicle equipment also have responsibilitie under the Act regarding safety defects. Under Section 151 *et seq*., such manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Again, Section 109 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.; We hope you find this information helpful. Please contact this offic if you have any more questions.; Sincerely, Frank Berndt, Chief Counsel