Interpretation ID: 21325windshieldrepairneb

Mr. David Harner
Novus Windshield Repair
35 Division Street
Danbury, CT 06810

Dear Mr. Harner:

Your March 15, 2000, letter regarding windshield repair was referred to my office for reply.

You state that you were told by your franchiser that the United States Department of Transportation (DOT) attempted to regulate the windshield repair business about ten years ago and that DOT eventually passed only one regulation with regards to windshield repair that required "'all damage must have a drying process performed on the damaged area prior to repairing the damaged area' (or something to this effect)." You ask for a "confirmation" of the existence, or lack thereof, of such a regulation.

Our statute, 49 U.S.C. 30101 et seq., as amended (the Act), authorizes the National Highway Traffic Safety Administration to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. Glazing repair businesses, sellers of vehicles or automotive glazing, and manufacturers of glazing repair kits all have different responsibilities and liabilities regarding automotive glazing under the Act. These are described in a September 3, 1981, letter to National Glass Dealers Association, a copy of which is enclosed. FMVSS 205, Glazing Materials (copy enclosed), which establishes performance requirements for automotive glazing, has remained unchanged for many years and does not mention any type of "drying process."

Your franchiser may be referring to a law administered by the Department's Federal Motor Carrier Safety Administration, which has jurisdiction over interstate motor carriers operating in the U.S. You can contact Mr. Larry Minor, Division Chief, Vehicle and Roadside Operations, in that office at (202) 366-4012, for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions. You should therefore check with your State Department of Motor Vehicles to find out about any activity in this area.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:205
d.6/30/2000