Interpretation ID: aiam4010
Manager
Vehicle Control Division
Commonwealth of Pennsylvania
Department of Transportation
Bureau of Motor Vehicles
Harrisburg
PA 17122;
Dear Mr. Ori: Thank you for your letter of June 24, 1985, to Stephen Oesch of m staff concerning your meeting to discuss the interaction of Federal and State laws affecting the tinting of motor vehicle windows. I am glad that you and the other members of your committee found the meeting as helpful and productive as Mr. Oesch did.; I believe you will be interested to learn that subsequent to you meeting, the agency has corresponded with Congressman John S. McCain III concerning conflicting State laws on motor vehicle window tinting, a copy of the agency's letter to Mr. McCain is enclosed. We understand that Mr. McCain has also written directly to the American Association of Motor Vehicle Administrators on this issue. We look forward to discussing possible joint actions to resolve the apparent problems in this area.; As you have requested, we have reviewed your interpretation of Mr Oesch's answers to the questions discussed at your meeting and find that you have accurately summarized them. To ensure a full understanding of each of the answers, we have provided below a complete response to each of the questions.; First, I would like to review some background information. The Nationa Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration to issue Federal Motor Vehicle Safety Standards applicable to new motor vehicles and items of motor vehicle equipment. In 1967, the agency issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which sets performance requirements for glazing materials used in new motor vehicles and glazing materials sold as items of replacement equipment. The performance requirements of the standard include ones regulating the light transmittance and abrasion resistance of glazing. The standard went into effect on January 1, 1968.; Vehicle manufacturers are responsible for certifying that al components on their vehicles comply with applicable Federal Motor Vehicle Safety Standards prior to sale. A manufacturer of new vehicles must certify that the glazing used in windows requisite for driving visibility, whether clear or tinted, conforms with all of the requirements of the standard, including those on light transmittance and abrasion resistance. Any person who manufactures or sells a new vehicle which does not conform to applicable safety standard (sic) is subject to civil penalties and recall action under the National Traffic and Motor Vehicle Safety Act.; In 1974, Congress amended the Vehicle Safety Act to address the proble of persons tampering with safety equipment installed on a motor vehicle. The 1974 amendments added section 108(a)(2)(A) to the Act. That section provides, in part, 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 . . . .<<<; Thus, no manufacturer, distributor, dealer, or motor vehicle repai business may add tinting to glazing materials of a used motor vehicle, if that tinting would 'render inoperative' the glazing's compliance with Standard No. 205. Based on the law and regulations discussed above, we have provided the following answers to your questions.; *Question (1)*: What impact does Federal Motor Vehicle Safety Standar No. 205 have upon commercial installers of tinting materials if the installation is performed:; (a) prior to the sale of the vehicle? *Answer*: If a commercial installer places tinting film on glazing in new vehicle prior to the sale of the vehicle, that person must certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Thus, for example, the light transmittance through the combination of tinting film and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the abrasion resistance and other requirements of the standard.; (b) after its first sale? *Answer*: If a commercial installer adds tinting material to a use vehicle and the material reduces the light transmittance of the glazing to a level below 70 percent or otherwise reduces the compliance of the glazing with one of the standard's requirements, the agency would consider that action a rendering inoperative of the glazing's compliance with Standard No. 205 in violation of section 108(a)(2)(A) of the Vehicle Safety Act. Section 108(a)(2)(A) does not prohibit tinting by commercial businesses, it merely limits the use of tinting.; *Question (2)*: What impact does Standard No. 205 have upon individual who install tinting on their own vehicles?; *Answer*: Section 108(a)(2)(A) of the Vehicle Safety Act does not appl to individual vehicle owners. Thus, individual vehicle owners can, themselves, add any level of tint to the windows in their vehicles without violating Federal law. States retain the authority to set their own laws regulating the application of window tinting by individual vehicle owners.; *Question (3)*: What impact does Standard No. 205 have upon th manufacture and sale of window tinting material?; *Answer*: Standard No. 205 does not regulate the manufacture or sale o window tinting materials, it affects only the application of the tinting materials to windows in a motor vehicle. States retain the authority to issue laws affecting the manufacture and sale of such materials.; *Question (4)*: What impact does Standard No. 205 have on new vehicle versus old vehicles?; *Answer*: All new motor vehicles manufactured after January 1, 1968 must be certified as complying with Standard No. 205. As discussed in our response to Question 1(b), the tinting of used vehicles, manufactured after January 1, 1968, by commercial businesses would be affected by section 108(a)(2)(A) of the Vehicle Safety Act.; *Question (5)*: What specifically is a State preempted from doing b regulation or Federal law?; *Answer*: Federal law generally preempts any inconsistent state laws o the same subject covered by Federal Motor Vehicle Safety Standards. Section 103(d) of the Vehicle Safety Act provides:; >>>Whenever a Federal motor vehicle safety standard . . . is in effect no State or political subdivision of a State shall have any authority to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment , any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.<<<; Thus, States may not establish provisions regarding tinting or othe vehicle window requirements which are either more or less stringent than those provided by Standard No. 105. States may establish and enforce identical requirements, they may also, as part of their motor vehicle inspection regulations, prohibit vehicle owners from modifying their windows, through tinting or otherwise, in any way that would violate Standard No. 205.; *Question (6)*: Must a state develop laws or regulations governing th actions of individuals pertaining to window tinting? If a state were to adopt Standard No. 205 which apparently governs manufacturers and commercial installers and adopt no other rules or regulations pertaining to actions taken by individuals regarding window tinting would that state be subject to Federal sanctions? Does a state have to adopt Standard No. 205?; *Answer*: There is no Federal requirement that States adopt law regulating the tinting of motor vehicle windows by vehicle owners. The agency does not have authority to sanction a State if the State decides not to regulate the actions of individual vehicle owners. As explained in our response to question 5, if a state adopts a law that regulates tinting by commercial businesses, then its laws must not be more or less stringent than Standard No. 205. States are not required to adopt a law identical to Standard No. 205 if that applied *only* to tinting by individual vehicle owners.; *Question (7)*: If a state were to adopt regulations or laws pertainin to the actions taken by individuals with regard to window tinting, would those laws or regulations have to mirror Standard No. 205? How could they be different?; *Answer*: As explained in our response to question 6, State law regulating tinting by individual vehicle owners do not have to be identical to Standard No. 205. We believe that NHTSA and the States have a common interest in promoting highway safety and in minimizing inconvenience to traveling motorists. We are interested in working with the States to see that State laws regulating tinting by vehicle owners are consistent.; *Question (8)*: Some would prefer that Standard No. 205 be amended t make glazing requirements for passenger vehicles and multipurpose passenger vehicles the same.; *Answer*: We understand that AAMVA is considering filing a petition fo rulemaking on this issue. Part 522 of our regulations sets forth our procedure on rulemaking petitions. A copy is enclosed for your reference.; *Question (9)*: Is it anticipated that there will be any materia change to Standard No. 205 in the near future?; *Answer*: The agency does not have any pending rulemaking actions o Standard No. 205. As with all of our standards, as the agency acquires data indicating a need to change a standard or if we receive a petition for rulemaking, we would determine if a rulemaking proceeding is justified.; *Question (10)*: May a manufacturer of window tinting materials sell product that does not conform to Standard No. 205? If not, is the sale of such a product based on its nonconformance to Federal standards?; *Answer*: Standard No. 205 does not regulate the manufacture or sale o tinting materials. Thus, there is no Federal regulation that applies to a manufacturer who sells tinting materials that, when applied to motor vehicle glazing, would render inoperative the compliance of the glazing with Standard No. 205. Although the agency would encourage all manufacturers of tinting materials to sell products which can be used on a vehicle and not affect the vehicle's compliance with Standard No. 205, we do not monitor the sale of glazing materials. A state may adopt and enforce its own law regulating the manufacture and sale of tinting materials.; *Question (11)*: What does requisite for driving mean? *Answer*: The agency considers all windows in a passenger car to b requisite for providing the driver with a sufficient view to operate safely his or her car.; You also asked whether the agency has any guidelines for medica exemptions to Standard No. 205. Standard No. 205 does not have provisions concerning medical exemption. I hope this information is of assistance to you. If you have further questions, please let me know.; Sincerely, Jeffrey R. Miller, Chief Counsel