Interpretation ID: aiam3615
Vehicle Equipment Safety Specialist
Department of Transportation
State of Hawaii
79 South Nimitz Highway
Honolulu
HI 96813;
Dear Mr. Hirohata: This responds to your recent letter asking whether persons who appl tinted films to motor vehicle glazing would be considered motor vehicle distributors, dealers or repair businesses and thus be prohibited by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act from rendering inoperative components that have been installed on vehicles pursuant to Federal Motor Vehicle Safety Standards.; The answer to your question is yes. The persons you described fal within classes of persons listed in section 108(a)(2)(A) and the application of tinted film to motor vehicle glazing can constitute rendering inoperative.' Section 108(a)(2)(A) of the Safety Act provides that:; >>> No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard,....For purposes of this paragraph, the term motor vehicle repair business' means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation.'<<<; Without knowing more about the film appliers you described, we find i difficult to determine the number of classes into which they would fall. However, the film-appliers are clearly considered to be dealers. This conclusion is based on the definitions of motor vehicle equipment' (section 102(4)), and dealer' (section 102(7)). The tinted film is an item of motor vehicle equipment since it is an accessory, or addition to the motor vehicle.' Therefore, any person who sells the tinted film primarily to persons, typically vehicle owners, for purposes other than resale is a dealer. The status of such a person does not change because he or she also applies the film to motor vehicle glazing.; The film appliers you described may also be motor vehicle repai businesses. You stated that the film appliers argue that they are not repair businesses. Implicit in their argument is a narrow interpretation of the term repair.' We don't believe that such an interpretation was intended by Congress since it would frustrate Congress' stated purpose in attempting to ensure that safety equipment remains operative over the life of the vehicle. The only type of person mentioned in the legislative history as being permitted to render safety equipment inoperative is the owner of the vehicle on which the safety equipment is installed. In addition, we believe that the references in the history to service, maintenance and replacement further suggest that a narrow interpretation was not intended.; The agency has consistently stated in its past letters o interpretation that the installation of tinted films on vehicle glazing constitutes rendering inoperative if the installation destroys the glazing's compliance with the light transmittance requirements of Safety Standard No. 205. The legislative history of section 108(a)(2)(A) provides that render inoperative' includes permanent removal, disconnection or *degradation* of the safety performance of any element or design of a vehicle (Conference Report). Therefore, the activity described in your letter definitely falls within the scope of section 108(a)(2)(A).; In conclusion, it is the agency's opinion that businesses which ar installing tinted films on motor vehicles and thereby destroying the glazing's compliance with the light transmittance requirements of Safety Standard No. 205 are in violation of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. As such, the businesses are liable for civil penalties up to $1,000 for each violation.; Our Office of Enforcement is currently investigating the practice o applying tinted film to motor vehicle glazing. Accordingly, we have forwarded a copy of your letter and the advertisement to that office for its action.; Sincerely, Frank Berndt, Chief Counsel