Interpretation ID: 86-4.34

TYPE: INTERPRETATION-NHTSA

DATE: 08/04/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Brian Peck

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Brian Peck President Rearscope International (U.S.A.) Ltd. 15255 Hesperian Boulevard San Leandro, CA 94578

Dear Mr. Peck:

Thank you for your letter of May 19, 1986, asking how our regulations apply to your product, which is called the "Rearscope Wide Angle Lens." Your letter and the brochure you enclosed describes your product as a wide angle acrylic lens which mounts on the rear window of a bus and gives the driver a wider field of view to the rear of the vehicle. I hope the following discussion answers your questions.

By way of background, the National Highway Traffic Safety Administration has the authority to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects.

"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) as well as other performance requirements for glazing.

Standard No. 205 does not directly apply to add-on window coverings, such as tinting films, sunscreening devices, and lens. However, no manufacturer or dealer is permitted to install a device on the glazing, such as the viewing lens 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 by 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 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 themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install any type of device regardless of whether the installation adversely affects the performance of the window. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to regulate the use of viewing devices in vehicles.

If you need further information, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

May 19, 1986

NHTSA Office of Chief Counsel 400 7th Street S.W. Washington, D.C. 20590

REAR SCOPE WIDE ANGLE LENS

Dear Sirs,

As per letter dated 4/25/86 (copy enclosed) I am writing to determine the status of our product the "REARSCOPE WIDE ANGLE LENS" as to the requirements oF current Federal Glazing standards, Our product which mounts on the rear window of Bus r Coach is made of Diakon by I.C.I. Ltd. of Great Britain, This acrylic product is similar. to DuPonts "Lexan" with which you are undoubtedly familiar.

If you feel a need to examine the product I would be more than willing to mail you a lens for testing purposes, In the meantime I am enclosing a brochure so that you might evaluate the situation, I await your reply.

Sincerely,

Brian Peck President

April 25, 1986

Mr. Brian Peck Rearscope International Limited 15255 Hesperian Boulevard San Leandro, California 94578

Dear Mr. Peck:

This is in answer to your letter of April 2, 1986: concerning the use of the Rearscope Wide Angle Lense in Pennsylvania.

After receiving your letter, I contacted the National Highway Transportation Safety Administration (NHTSA) to see if there were any applicable federal standards on glazing which had to be met. NHTSA indicated that they would review this request and suggested that you write to they for this information at the following address: NHTSA, Office of Chief Counsel, 400 7th Street S.W., Washington, D.C. 20590.

If you have already contacted NHTSA for approval, please forward their response to this Department. Pending receipt of this written notification from NHTSA, this Department will determine if your lens meets all Pennsylvania requirements.

Sincerely,

John A. Pachuta, Director Bureau or Motor Vehicles