Interpretation ID: 1985-04.39

TYPE: INTERPRETATION-NHTSA

DATE: 11/25/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: EPL Incorporated

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. James L. Loden President, EPL Incorporated 200 Campus Drive, RD Pemberton Farms Research Campus Mt. Holly, NJ 08060

Dear Mr. Loden:

Thank you for your July 16, 1985 letter inquiring about the existence of any Federal safety requirements applicable to your projected sale of heated windshield wiper blades. You also asked if Federal testing or research testing or research is being conducted on windshield wiper systems.

Under the National Traffic and Motor Vehicle Safety Act, this agency has issued Federal Motor Vehicle Safety Standard No. 103, Windshield Defrosting and Defogging Systems and No. 104, Windshield Wiping and Washing Systems, which are applicable to new motor vehicles. While these standards do not regulate the heating component of wipers, they do, among other things, require that a defrosting or wiping system clear a minimum percentage of a vehicle's windshield.

In addition, Standard No. 107, Reflecting Surfaces, also applies to new motor vehicles. This standard sets limits on the glare from certain metal components, including windshield wiper blades, in the driver's field of view. Its purpose is to reduce the likelihood that unacceptable glare from reflecting surfaces will hinder safe and normal operation of the vehicle. Copies of these three standards are enclosed.

If a new vehicle equipped with your blade did not comply with Standard No. 103, Standard No. 104, or Standard No. 107 due to some aspect of that blade, the sale of that car to the public would be a violation of the prohibition in section 108(a)(1)(A) of the Act against the sale of noncomplying vehicles.

As to used vehicles, you should be aware that section 108(a)(2)(A) of the Act prohibits manufacturers, distributors, dealers, and vehicle repair businesses from knowingly rendering inoperative equipment or elements of design installed on a vehicle under Federal motor vehicle safety standards. Care should be taken that the installation of your product would not have that effect. A rendering inoperative might occur if, for example, your blade were not large enough to enable the wiping system to clear a sufficient area of the windshield. We urge you therefore to ensure that the substitution of your blade for an original equipment blade provided by a vehicle manufacturer would enable the wiping or defrosting system to continue to perform as required by Standard No. 103 and No. 104, and would not produce unacceptable glare in the driver's field of view, as prohibited by Standard No. 107.

Copies of the windshield compliance test reports for Standard Nos 103 and 104 are available from the agency's Technical Reference Division. Copies of these reports can be purchased by contacting Mr. Robert A. Hornickle (202-426-2987).

I hope this information is helpful to you.

Sincerely,

Erika Z. Jones Chief Counsel Enclosures

E P L Incorporated 200 Campus Dr. RD 1 Pemberton Farms Research Campus Mt. Holly, NJ 08060

July 16, 1985

Mr. Steven Oesch Office of Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Oesch:

During a recent conversation, Edward Jetner, Staff Engineer for the Office of Vehicle Safety Standards, suggested I contact you for information on the Federal Motor Vehicle Safety Standards as they apply to a new product we intend to manufacture.

Our company, EPL Incorporated, is starting to manufacture a heated windshield wiper blade. We call it "Thermoblade", and it is designed for use on motor vehicles of all types. Thermoblade is an important safety item as it prevents snow and ice accumulation on the wiper blade and enables it to clean the windshield and provide good visibility for the driver even under the most severe weather conditions.

Is the product we intend to manufacture covered by certain Federal Motor Vehicle Safety standards? Has any Federal testing been done, or are any of our Government's testing laboratories involved in any research and development on windshield wiper systems?

Any information you can give us which will help us launch our new product will be very much appreciated. Should you need more information, please call me at 609-261-6000.

Sincerely,

James L. Loden President