Interpretation ID: aiam3655
House of Representatives
Washington
DC 20515;
Dear Mr. Rudd: This responds to your recent letter on behalf of your constituent, Mrs Jan Wilson, asking whether Federal law restricts motorists from having darkly tinted films installed on the windows of their automobiles.; The National Highway Traffic Safety Administration has authority t govern the manufacture of new motor vehicles and motor vehicle equipment. We have promulgated Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance. Seventy percent transmittance is required in all areas requisite for driving visibility, which includes the windshield and all windows in passenger cars. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; The agency has stated in past interpretations that solar films are no glazing materials themselves, and would not have to comply with Standard No. 205. However, use of such films on motor vehicles in certain cases would be prohibited if the vehicle glazing no longer complied with the light transmittance requirements of the standard (most of these films do reduce light transmittance below 70%). If a vehicle manufacturer or dealer places the film on glazing in a vehicle prior to sale of the vehicle, that manufacturer or dealer has to certify that the glazing continues to be in compliance with the requirements of Standard No. 205 (i.e., has to certify that the glazing still has a transmittance of at least 70%).; Regarding vehicles that have already been purchased, sectio 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381) provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of those persons may knowingly install a solar film on a vehicle for its owner if the vehicle glazing would no longer meet the light transmittance requirements of Standard No. 205. Whether this would be the case would have to be determined by the person making the installation. Violation of this provision could subject the manufacturer, distributor, dealer, or motor vehicle repair business to civil penalties up to $1,000 for each violation.; Please note, however, that under Federal law the vehicle owner ma alter his or her vehicle as is desired. This agency does not govern use of vehicles by owners, this is left to the States. Thus, under Federal law, an owner could install solar film on his or her vehicle whether or not such installation affected compliance with Standard No. 205.; In summary, Federal law does not preclude Mrs. Wilson from havin darkly tinted film on her passenger car, provided she installed the film herself. However, if a manufacturer, dealer, distributor or motor vehicle repair business (including an auto tint shop) installed the film for Mrs. Wilson, they are in violation of Federal law if the glazing no longer meets the 70% light transmittance requirements of Standard No. 205. The State of California is, of course, free to prohibit vehicle owners from operating vehicles with darkly tinted glazing in its jurisdiction.; Sincerely, Frank Berndt, Chief Counsel