Interpretation ID: aiam3782
House of Representatives
Washington
D.C. 20515;
Dear Mr. Ridge: This responds to your letter of November 28, 1983, requestin information on behalf of your constituent, Mr. William H. Hull, Sr. Mr. Hull is concerned about the growing practice of persons installing darkly tinted film on passenger car windows. He believes that this is a dangerous practice because it prevents police officers from seeing inside the vehicles. You asked if we were considering the issuance of a regulation outlawing the use of such film and, if so, when such a regulation might be promulgated.; While our authority under the National Traffic and Motor Vehicle Safet Act (the Act) enables us to limit the practice of installing tinted film on vehicle windows, it does not permit us to issue a regulation prohibiting every individual from engaging in that practice. As explained below, while commercial establishments are prohibited from adding the film, we cannot prohibit a vehicle owner from doing so.; Pursuant to the the (sic) Act, we have promulgated Federal Moto 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 (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.; Tinting films such as the type referred to in Mr. Hull's letter are no glazing materials themselves, and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard.; A vehicle manufacturer or a dealer may place the film on glazing in new vehicle prior to sale of the vehicle only if that manufacturer or dealer is able to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Purchasers of a new vehicle may alter the vehicle as they please, so long as they adhere to all State requirements.; However, vehicle owners may not go to a commercial establishment t have the film installed for them. Section 108(a)(2)(A) of the Act 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 film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Whether this would be the case would have to be determined by the person making the installation. Violation of this section can result in Federal civil penalties up to $1,000 for each violation.; The individual States must govern the operational use of vehicles b their owners since the agency does not have authority in this area. Thus, it would be up to the States to preclude owners from applying films or one-way glass on their own vehicles. Mr. Hull may wish to contact the National Committee on Uniform Traffic Laws (555 Clark Street, Evanston, IL 6-2-4) to find out which States have laws that would preclude owners from placing tinting film on their automobile windows.; Sincerely, Diane K. Steed