Interpretation ID: 193761-2.pja

The Honorable Bob Graham
Member, United States Senate
2252 Killearn Center Boulevard, Third Floor
Tallahassee, FL 32308

Re: Mr. Gary Issod

Dear Senator Graham:

This responds to your letter on behalf of Mr. Gary Issod of Reading, Pennsylvania, regarding Federal regulations on window tinting and how they relate to the law in the Commonwealth of Pennsylvania. You letter has been referred to my office for reply, because the National Highway Traffic Safety Administration (NHTSA) administers the Federal requirements for window tinting.

Mr. Issod objects to a Pennsylvania law requiring automobile windows to transmit at least 70 percent of the incident light. Mr. Issod believes that the State law is based on an erroneous interpretation of Federal Motor Vehicle Safety Standard No. 205, which regulates automotive glazing materials (windows). As explained below, Pennsylvania correctly interprets Standard No. 205, and we have determined that the State law is not preempted.

By way of background, NHTSA has the authority, under 49 U.S.C. 30111, to issue Federal motor vehicle safety standards applicable to new motor vehicles and motor vehicle equipment. Pursuant to this statute, we issued Safety Standard No. 205, which specifies performance requirements for vehicle glazing. The standard includes a requirement that all windows "requisite for driving visibility" (including all windows in passenger cars) have a light transmittance of at least 70 percent. Although the standard does not apply to vehicles once the vehicle has been sold to a consumer, 49 U.S.C. 30122(b) of our statute prohibits a vehicle manufacturer, distributor, dealer, or repair business from "mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard . . . ." Therefore, the act of tinting any car window to transmittance levels darker than 70 percent is a violation of section 30122(b), if it is performed by one of the regulated businesses listed above.

We do not regulate or limit owners tinting their vehicle windows, although NHTSA does not encourage tinting darker than that allowed by Standard No. 205 for new vehicles. Moreover,

NHTSA does not regulate the use of vehicles. Instead, the operation or use of vehicles is under the jurisdiction of the States.

States have the authority to regulate how vehicles are operated or used, as long as the State law is not preempted by Federal law. State operational restrictions addressing an aspect of performance regulated by the Federal standard would be preempted by Federal law only to the extent that they prohibit the use of vehicles that comply with Federal regulations.

Examining Pennsylvania's law, as outlined in the letter you forwarded from Assistant Counsel Sanders, we find that the Pennsylvania law is not preempted by NHTSA's regulations. Pennsylvania's law does not prohibit the use of vehicles with windows allowing 70 percent light transmittance. It requires the identical level of light transmittance as the Federal standard. There appears to be no conflict between the State and Federal glazing standards, with regard to the light transmittance issue.

I hope this information is helpful. If you have any further questions, please feel free to contact me.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:205
d.2/11/99