Interpretation ID: armor23160

Mr. Charlie Cao
Armor USA, Inc.
611 Forest Hill Drive
Coppell, TX 75019




Dear Mr. Cao:

This responds to your letter received on May 22, 2001 asking for information about the application of glazing marking requirements. More specifically, you ask whether it is optional or mandatory to have a DOT number for bullet-resistant glass to be used for the windshield of armored vehicles. As discussed below, a DOT number is required for the bullet-resistant glass to be used for the windshield of all vehicles, including armored vehicles.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment or pass on the compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards.

FMVSS No. 205, Glazing materials (49 CFR 571.205), specifies requirements for glazing in each new motor vehicle. The standard permits bullet-resistant glazing to be used anywhere in a motor vehicle, provided such glazing meets specified performance, location, marking, and certification requirements. Therefore, the glazing to be used for the windshield of armored vehicles, whether bullet-resistant or not, must be marked in accordance with the marking requirements of FMVSS No. 205, as discussed below.

S6 of Standard No. 205 establishes marking and certification requirements for manufacturers and distributors of glazing materials. S6.1 requires every Aprime glazing material manufacturer@ (defined in S6.1 of Standard No. 205 as Aone who fabricates, laminates, or tempers the glazing material@) to mark all glazing materials it manufactures in accordance with section 6 of American National Standard ASafety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways@ Z-26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 (AANS Z26"). S6.3 requires each prime glazing manufacturer to certify each piece of glazing designed to be cut into components for use in motor vehicles pursuant to the requirements of our statute at 49 U.S.C. ' 30115.

Each manufacturer or distributor who would not be considered a Aprime glazing material manufacturer,@ but who cuts a section of glazing material to which Standard No. 205 applies, must comply with the requirements set forth in S6.4 and S6.5 of Standard No. 205. For sections of glazing that are cut by the manufacturer or distributor, the manufacturer or distributor must mark it in accordance with section 6 of ANS Z26 (S6.4) and certify it in accordance with 49 U.S.C. ' 30115.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA=

s Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
Ref:205
d.8/1/01