Interpretation ID: 86-5.10

TYPE: INTERPRETATION-NHTSA

DATE: 09/04/86

FROM: AUTHOR UNAVAILABLE; S.P. Wood for Erika Z. Jones; NHTSA

TO: Mr. B.K. O'Neil

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your letter of January 22, 1986, asking how our regulations affect a product you manufacture. Your letter and the literature you enclosed describe your product as a modified acrylic tinted shield which fits over the front end of a passenger car. According to the pictures you enclosed with your letter, your shield fits over the headlights of some vehicles, in others it apparently only covers the front turn signals. I regret the delay in our response. As discussed below, your product could be affected by two Federal Motor Vehicle Safety Standards.

The National Highway Traffic Safety Administration (NHTSA) 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.

The agency has issued Standard No. 205, Glazing Materials, which sets performance and marking requirements for glazing materials used in a vehicle. Auxillary wind deflectors are among the items of glazing materials covered by the standard. The agency has applied the standard to the type of wind deflector that is used at a location necessary for driving visibility. The purpose of the requirement is to ensure that wind deflectors do not obstruct or distort the vision of a driver. Thus, for example, the agency has said in a letter of October 2, 1985, to Mr. Rosario Costanzo that the standard would apply to a wind deflector designed to be mounted in the side window of a vehicle. The literature you enclosed shows that your product, which is a type of plastic shield, is not mounted in a location necessary for driving visibility and thus would not be covered by Standard No. 205.

Installation of your product in a new vehicle prior to its first sale would be affected by Standard No. 108, Lamps, Reflective Devices and Associated Equipment, which sets, among other things, minimum candle power requirements for headlamps and turn signals. In addition, paragraph S4.1.3 of the standard prohibits the installation of motor vehicle equipment that impairs the effectiveness of lighting equipment required by the standard. Furthermore Society of Automotive Engineers Standard J580, Sealed Beam Headlamp Assembly, which is incorporated by reference in paragraph S4.1.1.36 and Tables I and II of Standard No. 108, prohibits styling features in front of headlamps when the lamps have been activated. Thus, S4.1.3, S4.1.1.36, and Tables I and II prohibit the use of fixed transparent headlamp covers as original equipment on motor vehicles. Part 567, Certification, of our regulations provides that a person that alters a new vehicle prior to its first sale must certify that the vehicle, as altered, still conforms with all applicable safety standards. Thus, an alterer could not install a version of your product which covers the headlamps of a vehicle. If a version of your product covers the turn signal or any other required lighting device, the alterer must certify that the vehicle lights will still comply with Standard No. 108 with your product in place. Persons violating the certification requirement are subject to a civil fine of up to $ 1,000 per violation.

Installation of your product in a used vehicle would be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. Thus, a commercial business could not install a version of your product which covers the headlamps of a vehicle. If the version of your product covers the turn signal or any other required lighting device, the business must assure that the vehicle lamps will still comply with Standard No. 108 with your product in place. Commercial businesses that violate section 108(a)(2)(A) are subject to a civil penalty of $ 1,000 per violation.

The prohibition of section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment. Also, any modifications made by a vehicle owner would have to comply with applicable state law.

In addition, you as a manufacturer of motor vehicle equipment are subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. I have enclosed an information sheet which outlines those requirements.

If you have any further questions, please let me know.

Sincerely,

ENC.

January 22, 1986

Department of Transportation

Attn: Erika Jones Chief Counsel

Dear Ms. Jones:

I have been in contact with Mr. Ed Glassie of your department, and he suggested we contact you for clarification on our product.

AUTOBRA I manufactures a modified acrylic (Plexiglas DR(R)) auto bra, as per the enclosed literature.

I would like to find out if we are approved by D.O.T., or in fact, our product would need approval under your guidelines.

Please peruse our literature and samples, and advise me of your comments.

AUTOBRA I, INC.

B.K. O'Neill Vice President/Marketing

ENC.

P.S. Although there are presently four or five other manufacturers of auto bras in America right now, we are unfamiliar with their position as to D.O.T. compliance. The only difference between us is the type of plastic used.

(Graphics omitted)

Autobra shield has been designed to provide the following innovative features not available with most front end protection: STYLING Autobra shield's aerodynamic styling actually enhances your automobile's appearance.

MOUNTING Mounting Autobra shield is fast and secure without modification to your automobile.

ACCESS Autobra shield provides easy access to your hood or bonnet without total removal of the shield.

PROTECTION Autobra shield's solid acrylic construction provides maximum protection to your automobile from stones, bugs and other flying debris.

SAFETY Abrasion, mildew and damage to body finish of the covered area are eliminated because Autobra shield mounts away from the surface of the automobile.

MAINTENANCE Autobra shield wipes clean with soap and water providing easy maintenance.

Autobra shield's acrylic construction is resistant to the WEATHER elements; RESISTANCE consequently removal of the shield in inclement weather is virtually eliminated.

Autobra shield is available in light tint acrylic for Porsche 911, 930; BMW 318/325, 320; Toyota Celica, Tercel, Pick-Up; Fiero; Corvette; Mustang GT, and other select automobiles.

2177 Andrea Lane Ft. Myers, FL 33908 Florida (813) 482-5603 Toll Free 1-800-445-2886

Dealer inquiries welcomed