Interpretation ID: 1982-1.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/20/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Hon. Phil Sharp - H.O.R.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter requesting information on behalf of your constituent, Mr. Mark Lecher. Mr. Lecher is under the impression that there is some new law "banning cars with dark-tinted windows." He is particularly concerned that he will have to replace the windows on his Datson pickup.

The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of new motor vehicles and motor vehicle equipment. There is a safety standard which specifies performance and location requirements for glazing materials used on motor vehicles (Standard No. 205). However, the requirements of this standard as they relate to tinting have not changed in years. The standard currently requires the windshield and front side windows in cars and trucks (i.e., windows necessary for driving visibility) to have a luminous transmittance of at least 70 percent. Other windows may be tinted as darkly as the manufacturer wishes. If the windows in Mr. Lecher's pickup were factory-installed, they are presumably in compliance with Standard No. 205. Therefore, Mr. Lecher should not worry about having to alter his windows. There is no new Federal law or regulation, nor any proposed rule, to change the requirements of Standard No. 205 in this regard.

Mr. Lecher might be referring to a State law or regulation. We understand that some states are considering prohibitions against the use of dark tinting films which can be applied to existing vehicle windows. Such State laws would not require Mr. Lecher to alter the windows on his pickup, however, if the windows are the original glazing installed by the manufacturer in compliance with the Federal standard. This is because Section 103(d) of the National Traffic and Motor Vehicle Safety Act, as amended 1974 (15 U.S.C. 1392, et seq.) pre-empts any State law which is applicable to the same aspect of performance as a Federal safety standard.

Standard No. 205 would pre-empt any State law which attempted to specify the amount of tinting that a piece of new motor vehicle glazing could have. Standard No. 205 would not pre-empt a State law which prohibits the applications of films or decals on existing glazing, however, since Standard 205 does not apply to the use of glazing after it has been purchased by a consumer. I suggest that Mr. Lecher contact his State Department of Motor Vehicles to find out about any activity in this area.

I am enclosing a copy of the Vehicle Safety Act for Mr. Lecher's information.

Sincerely,

2 Enclosures; Constituent's Correspondence; Vehicle Safety Act

ATTACH.

Congress of the United States

House of Representatives

December 7, 1981

Joe LaSalla -- National Highway Traffic Safety Administration, Department of Transportation

Dear Mr. Lafalla:

I was recently contacted by a constituent, Mr. Mark Lecher, who is concerned about a ban on the use of tinted glass in trucks.

I am enclosing a copy of the letter that I received from Mr. Lecher. I would appreciate an explanation of any action your agency has taken or information of which you are aware in any other agency which would result in the banning of the use of tinted glass.

Your assistance in complying with this request will be appreciated.

Sincerely,

Phil Sharp -- Member of Congress

Enclosure

NOVEMBER 22, 1981

Dear Congressman Shop,

My name is Mark Lecher, originally from Fort Wayne, Indiana.

Now I'm living in the Bargersville area, South of Indianapolis. I work as a Cabinet maker, earning $ 5.00 per hour.

I don't feel the Social-Security problem will have much hope of helping me, by my time of retirement. I'm 28 years old now. All a person hears about is how the government is running out of money.

This company I work for has no retirement pension plan. So, if Social Security runs out, I'll only wonder, where did all that money go that I put into it for my own future.

There are alot of people who feel that way.

But it seems helpless to worry about.

Also in this letter, mainly why I wrote, is about this new law banning cars with dark - tinted windows. (Excluding windshields)

Last year I bought a new Datson pickup truck, great gas mileage.

When I bought it it had dark-tinted side windows, and back window. Now I hear they're going to (Illegible Word) the dark-tint. If I have to remove this tint it will ruin my window. The substance is not made to come off. And there is no way I could afford to buy new clean windows.

So if you can, please, stop that Bill! and good luci- with the Social Security System.

Sincerely, Mark E. Lecher