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Interpretation ID: NYBILL22661



    Terry W. Wagar, Vehicle Safety Technical Analyst III
    Technical Services Bureau
    NYS Department of Motor Vehicles
    6 Empire State Plaza, Room 111
    Albany, NY 12228


    Dear Mr. Wagar:

    This responds to your letter and telephone calls asking whether a proposed New York State bill (A00359) would be preempted by Federal law, in light of a possible inconsistency with Federal Motor Vehicle Safety Standard (FMVSS) No. 205. I regret the delay in responding. Your correspondence attached a version of the bill and expressed concern regarding an amendment to the original language of the bill which imposes light transmittance requirements on windows to the left and right of the driver on sport utility vehicles (SUVs) and other multipurpose passenger vehicles (MPVs). Based on our understanding of your correspondence and telephone conversations with staff, we believe that the legislation would not be preempted.

    BACKGROUND

      According to your correspondence, New York's amended proposed law states, in relevant part:

      (b) No person shall operate any motor vehicle upon any public highway, road or street:

      * * *

      (4) the rear window of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent. A rear window may have a light transmittance of less than seventy percent if the vehicle is equipped with side mirrors on both sides of the vehicle so adjusted that the driver thereof shall have a clear and full view of the road and condition of traffic behind such vehicle.

    The proposed State law pertains to the light transmittance of the rear window of SUVs and other MPVs, which is an aspect of performance regulated by Federal Motor Vehicle Safety Standard No. 205, Glazing Materials (49 CFR '571.205). The standard specifies performance requirements and permissible locations for the types of glazing that may be installed in motor vehicles. The standard requires some glazing to allow 70 percent of the incident light to pass through. For buses, trucks, and multipurpose passenger vehicles (MPV's), the standard specifies the 70 percent light transmittance requirement for glazing installed in the windshield, the windows to the immediate left and right of the driver, and any rear window that is used for driving visibility.

    The proposed State standard also pertains to the requirements of Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors (49 CFR '571.111). The standard at S6.1 requires that MPVs, trucks and buses with a GVWR of 4,536 kg or less must have either (a) a passenger car mirror system, which includes an inside rear view mirror; or (b) a light truck mirror system, which requires unit magnification (flat) outside rear view mirrors of a minimum size on each side of the vehicle. In vehicles using the passenger car mirror system, the rear window is used for visibility. An inside mirror is not required for use with the light truck mirror system.

    Whether the proposed New York law would be preempted under our statute is determined by '30103(b) of 49 U.S.C. Chapter 301, which states in part:

    when a motor vehicle safety standard is in effect under this chapter, a State . . . may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter.

    NHTSA safety standards apply to the manufacture and sale of new motor vehicles and motor vehicle equipment. (49 U.S.C. 30112.) Thus, pursuant to 49 U.S.C. 30103(b), state laws that apply to the manufacture and sale of new vehicles, and to the same aspect of performance, must be identical to the FMVSS.

    However, NHTSA does not regulate the operation (i.e., use) of motor vehicles, which is generally under the jurisdiction of the States. Federal law does not require New York to set operational requirements that are "identical" to the FMVSS. Nonetheless, there are limits on State operational requirements, in that general principles of preemption law apply. These principles preclude States from adopting operational requirements that are more stringent than the requirements applicable to new vehicles under the FMVSS, because more stringent State requirements would have the effect of precluding the use of a Federally compliant vehicle in that State.

    ANALYSIS

    The proposed New York law would appear to be more stringent than the FMVSS, in that it would prohibit the windows to the rear of the driver on the left and right from having a light transmittance of less than 70 percent. However, NHTSA has determined in a 1998 rulemaking that the light transmittance levels of light truck and MPV rear glazing not used for driving visibility and light truck and MPV rear side glazing are not regulated under FMVSS No. 205, and that States are therefore free to set transmittance levels for those windows on those vehicles. Withdrawal of notice of proposed rulemaking, July 14, 1998, 63 FR 37820. Thus, we conclude that the proposed New York law would not be preempted and that New York could prohibit the operation of light trucks and MPVs with rear windows that have a minimum light transmittance of less than 70 percent.

    In addition, the proposed New York law would be less stringent than the FMVSS for mirrors because the New York law merely requires two outside mirrors rather than mirrors complying with the light truck mirror system in S6.1(b) of FMVSS No. 111. Therefore, we conclude that the proposed New York law would not be preempted under '30103(b).

    If you have any further questions, please feel free to contact Nancy Bell of my staff at this address or by telephone at (202) 366-2992.

    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosure
    ref:205
    d.11/9/01