Interpretation ID: 1985-04.8

TYPE: INTERPRETATION-NHTSA

DATE: 10/27/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Rosario Costanzo

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Rosario Costanzo 28 Amelia Avenue Livingston, N.J. 07039

Thank you for your letter of June 27, 1985, to Stephen Oesch of my staff requesting information on Federal Motor Vehicle Safety Standards relevant to the importation of a wind deflector to be sold as an aftermarket accessory for specific motor vehicles. You also asked how such a deflector should be certified as meeting our standards. I hope the following discussion answers your questions.

The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration to issue Federal Motor Vehicle Safety Standards which are applicable to motor vehicles and motor vehicle equipment. We have issued Standard No. 205, Glazing Materials, which applies to wind deflectors for use in motor vehicles, regardless of their size. Standard No. 205 incorporates by reference Standard ANS Z-26, "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," of the American National Standard Institute. A copy of Standard No. 205 and ANS Z-26 are enclosed for your reference.

Standard No. 205 specifies performance requirements for various types of glazing and also regulates the locations in vehicles in which each type of glazing may be used. The various types of glazing are designated as "Items" in the standard. Under the requirements of this standard, a wind deflector to be used on a passenger vehicle at locations requisite for driving visibility, such as the devices you wish to import, may be manufactured out of either Item 1, Item 2, Item 4, Item 10, Item 11, or Item 14 glazing materials. You said your deflectors are made of plexiglass. Generally, plexiglass would have to meet the requirements set for Item 4 glazing materials.

Standard No. 205 also sets forth specific certification and marking requirements for glazing materials. The marking requirements for prime glazing material manufacturers (i.e., those, such as Parimor, who fabricate, laminate, or temper the glazing material) that produce glazing designed as a component of a specific motor vehicle are set out in paragraph S6.2 of the standard. Please note that one of the certification requirements is that the manufacturer place its National Highway Traffic Safety Administration-assigned code mark on its products. Our records do not show any code mark assigned to Parimor. Parimor may request a number by writing to our Office of Vehicle Safety Standards at the address shown above.

Under Section 108(a)(1)(A) of the Vehicle Safety Act, new motor vehicle equipment, such as wind deflectors, must comply with applicable safety standards prior to sale. The manufacture, sale, or installation of a deflector that does not conform to the standard, or the installation in a new vehicle in a location that is not provided for in Standard No. 205, would be a violation of Section 108(a)(1)(A). Under Section 109(a), anyone who sells motor vehicle equipment which does not conform to all applicable safety standards is subject to a civil penalty of up to $1,000 for each violation.

Manufacturers and importers of motor vehicle equipment also have responsibilities under the Vehicle Safety Act regarding safety defects and noncompliances in their products. Under Sections 151 et seq., they must notify purchasers about safety-related defects and noncompliances and remedy the product free of charge. Again, Section 109(a) imposes a civil penalty upon any person who fails to provide notification of or remedy for a defect or noncompliance in motor vehicle equipment. A copy of the Vehicle Safety Act and an information sheet outlining the responsibilities of vehicle and equipment manufacturers is enclosed for your reference.

Section 110(e) of the Vehicle Safety Act also affects Parimor, the foreign company manufacturing the wind deflector. That section requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as its agent upon whom service of all processes, orders, notices, decisions and requirements may be made. In order for that designation to be valid the following information must be submitted to our office:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made; 2. The full legal name, principal place of business and mailing address of the manufacturer; 3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name; 4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer; 5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a U.S. corporation; and 6. The full legal name and address of the designated agent. In addition, the designation must be sighed by a person with authority to appoint the agent. The signer's name ahd title should be clearly indicated beneath his or her signature. We hope you find this information helpful. Please contact this office if you have any more questions. Sincerely, Jeffrey R. Miller Chief Counsel

Enclosures 28 Amelia Avenue Livingston, N.J. 07039 June 27, 1985 Mr. Steve Oesch Office of the Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street S.W.

Washington, D.C. 20590

Dear Mr. Oesch:

My name is Rosario Costanzo of Cosbar, Inc. I'm sorry I didn't have the pleasure of meeting you at my stop in Washington, but I hope that in the future I'll be more fortunate and have the opportunity of doing so.

As you are probably aware from talking to Mr. Jettener, I'm in the process of importing wind deflectors, specifically those of a company called Parimor, from Bologna, Italy and I'm in need of certain information in order to proceed with a smooth importation of this particular accessory.

Briefly, the airfoil is designed to overcome the lack of front vents in an automobile. Made of plexiglass, the accessory is fitted to overlap the exterior window frame by means of self-locking nuts; once attached, it makes it possible to travel with the car windows open or half-open with less turbulence and noise. There are two different models: the Antiturbo and the Mixer, the latter being considerable small in size. The process that Parimor follows to manufacture the items is of this nature:

A. Molding the liquid material into the actual shape of the product. B. Cutting the molded sample into 95% completed product. C. Smoothing, cleaning and polishing the product. D. Packaging the finished product.

Enclosed please find copies illustrating the items. As a result, these questions arise for clarification: A. If any, what Federal Vehicle Safety Standards apply to the Antiturbo and Mixer? B. What is the responsibility of the manufacturer as to the certified marking on the accessory?

Furthermore, since the Mixer is considerably small in terms of area that it will occupy in the front window of the car, does it require to meet these regulations? Moreover, I would appreciate receiving any other information that is particularly helpful in this matter and most importantly any words of advice concerning this venture.

Thank you so much for your cooperation and I'm looking forward to meeting you personally in the near future, God bless. Sincerely, Rosario Costanzo