Interpretation ID: aiam3451
Executive Vice President
National Class Dealers Association
1000 Connecticut Avenue
N.W.
Washington
DC 20036;
Dear Mr. Stanley: This is in response to your letters regarding Safety Standard No. 205 *Glazing Materials*. Please accept our apology for the lateness of our reply. You ask whether an installer of automotive safety glazing violates any of the regulations promulgated by the American National Standard Institute, Inc. (ANSI) or of this agency if the installer repairs damaged automotive glazing as a part of his or her business.; The National Traffic and Motor Vehicle Safety Act, as amended in 197 (the Act), authorizes the National Highway Traffic Safety Administration (NHTSA) to establish Federal Motor Vehicle Safety Standards for motor vehicles and motor vehicle equipment. Safety Standard No. 205 establishes performance requirements for automotive glazing. The standard incorporates by reference the American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' Z26.1-1966. Glazing repair businesses, sellers of vehicles or automotive glazing, and manufacturers of glazing repair kits all have different responsibilities and liabilities regarding automotive glazing and Safety Standard No. 205 under the Act.; Section 108(a)(2)(A) of the Act prohibits any manufacturer distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard. (There is no prohibition against an individual modifying his or her own vehicle or equipment.) The National Highway Traffic Safety Administration does not consider fixing a damaged windshield to constitute rendering inoperative with respect to Standard No. 205 even if the windshield does not meet the requirements of the standard once repaired. This is because the agency considers the object or event which damaged the windshield in the first place to have rendered the windshield inoperative with respect to Standard No. 205. However, if the repair shop, in the course of fixing a damaged windshield that is installed in a vehicle renders *another* part of the vehicle or element of design inoperative with respect to another applicable Federal motor vehicle safety standard, then the repair shop violates section 108(a)(2)(A). It does not matter whether the vehicle is new or used (i.e., has been sold for purposes other than resale). There is no violation if the repair business reasonably believes that the vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of repair) during the time such device or element of design is rendered inoperative. Section 109 of the Act imposes a civil penalty up to $1,000 for each violation of section 108(a)(2)(A). It is not likely that the process you describe would involve a rendering inoperative, but you should be aware of this section.; Sellers of repaired automotive glazing or vehicles equipped wit repaired automotive glazing may violate section 108(a)(1)(A) of the Act. Section 108(a)(1)(A) provides that:; >>>no person shall manufacture for sale, sell, offer for sale, o introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard...<<<; (Note that section 108(b)(1) provides that section 108(a)(1)(A) doe not apply once the motor vehicle or item of motor vehicle equipment is purchased in good faith for purposes other than resale. In other words, section 108(a)(1)(A) applies only to new vehicles or equipment, not to used vehicles or equipment.) Thus, if someone sells a new, but damaged, replacement windshield that does not comply with the requirements of Standard No. 205 once repaired, he or she is in violation of section 108(a)(1)(A), since he or she is selling an item of motor vehicle equipment that does not comply with all applicable safety standards. An automobile dealer who sells a new car whose windshield does not comply with Standard No. 205 also violates section 108(a)(1)(A). Again, section 109 imposes a civil penalty up to $1,000 for each violation of section 108(a)(1)(A).; The responsibilities of manufacturers of glazing repair kits or system under the Act are found in sections 151 *et seq*. of the Act. Such manufacturers of motor vehicle equipment must notify purchasers about safety-related defects and remedy such defects free of charge. Section 109 also imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment. It is not likely, however, that glazing repair kits would contain safety related defects. This section generally would apply to mechanical motor vehicle components.; Compliance with all applicable Federal motor vehicle safety standard will not automatically relieve a repair business or manufacturer of responsibility in a products liability suit. You will have to contact a private attorney for more information in this area, however.; We hope you find this information helpful. Please contact this offic if you have further questions.; Sincerely, Frank Berndt, Chief Counsel