Interpretation ID: nht92-1.41

DATE: December 7, 1992

FROM: W. C. Burke -- Captain, Commander, Commercial and Technical Services Section

TO: Paul Rice -- Chief Counsel, NHTSA

TITLE: File No.: 62.A8383.A9181.5242C

ATTACHMT: Attached to letter dated 3-31-93 from John Womack to W. C. Burke (A41; Std. 205)

TEXT: Recently, Mr. Greg Bragg from our California Highway Patrol (CHP) Commercial and Technical Services section spoke with Mr. Marvin Shore and Mr. Clark Harper of your administration regarding the marking requirements of safety glazing installed in motor vehicles.

The specific issue they talked about was whether or not a glass installer replacing glass in a motor vehicle according to Federal Motor Vehicle Safety Standard (FMVSS) 205 is required to mark the glazing. FMVSS 205, S6.4 states "Each manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, shall mark that material in accordance with section 6 of ANS Z26." According to the definitions contained in the National Traffic and Motor Vehicle Safety Act of 1966, an installer replacing glass in a motor vehicle would be a dealer and would, therefore, be exempt from the marking requirements.

We are inquiring about this matter because California has adopted FMVSS 205 and some of our CHP personnel have found school buses with replacement glass that is not marked. We have subsequently taken law enforcement action against these school districts. It has been our longtime understanding that all glass installed in a motor vehicle must be marked. However, after careful examination of the wording contained in both the FMVSS 205 and the Safety Act of 1966, it appears that the installer of replacement glass does not have to mark the glazing material and that our past interpretation of this Federal Standard may be in need of further review.

We, therefore, request a written interpretation from you on whether or not FMVSS 205 requires an installer (or dealer) who cuts sections of glass from a larger, marked section to mark each individual smaller section (if not already marked) prior to installing them as replacement windows.

Your immediate response to this question is greatly appreciated. If you have any questions regarding this matter please contact either Mr. Greg Bragg or Mr. Kyle Larsen of our Commercial and Technical Services Section at (916) 445-1865.