Interpretation ID: 1983-2.12

TYPE: INTERPRETATION-NHTSA

DATE: 05/24/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Stephen E. Parmeter

TITLE: FMVSS INTERPRETATION

TEXT:

MAY 24 1983 NOA-30

Mr. Stephen E. Parmeter Route 4 Potsdam, New York 13676

Dear Mr. Parmeter:

This responds to your recent letter concerning the process of repairing breaks in automobile windshields. You ask whether such repairs would conflict with any present Federal motor vehicle safety standards.

The National Highway Traffic Safety Administration has issued Federal Motor Vehicle Safety Standard No. 205 which specifies performance and location requirements for glazing materials used on motor vehicles (copy enclosed). This standard would not apply to a repair process such as you describe, however. There is no Federal regulation which would prohibit the use of a product or process in the repair of windshields which have previously been installed in vehicles and damaged in use.

Please note, however, that using such a material or process in a new windshield which may require repair (as a result of damage sustained, for example, in shipment) could cause the windshield to fail to meet the performance requirements of Safety Standard No. 205, or could fail to bring a noncomplying windshield back into compliance. Either case of noncompliance would be the responsibility of the person selling the windshield (49 CFR 567.7, copy enclosed). Therefore, we do not recommend use of windshield repair processes prior to the first purchase of a new windshield by a consumer.

You will have to contact a private attorney to determine your liability under civil law with regards to such a business.

Please contact Hugh Oates of my staff if you have any further questions.

Sincerely, Frank Berndt Chief Counsel

Enclosures