Interpretation ID: 1985-04.48

TYPE: INTERPRETATION-NHTSA

DATE: 12/22/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Susan B. House -- House Enterprises

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Susan B. House House Enterprises 1450 Woodscliff Drive Anderson, IN 46011

Thank you for your letter of November 7, 1985, inquiring about the Federal safety standards that apply to two solar glare shading products you have developed. You described the first product as an 8" diameter acrylic dish which is of optical quality and tinted. The second products is a 4" x 4" sheet of opaque plastic. You explained that both products are designed to be attached to a vehicle's windows by suction cups. The following discussion explains how our safety standards apply to your products.

Pursuant to the National Traffic and Motor Vehicle Safety Act, we have issued Federal Motor 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% in areas requisite for driving visibility, which includes all windows in passenger cars).

No manufacturer or dealer is permitted to install solar films and other sun screen devices, such as the ones described in your letter, in new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.

After a vehicle is first sold to a consumer, modifications to a vehicle are affected ny section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No 205. Violation of section 108(a)(2)(A) can result in Federal civil penalties of up to $1,000 for each violation.

Section 108(a)(2)(A) does not affect vehicle owners, who may may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.

If you need further information, please let me know. Sincerely, Erika Z. Jones Chief Counsel