Interpretation ID: aiam3755
Lansing Auto Glass Co.
827 E. Michigan Avenue
Lansing
MI 48912;
Dear Mr. Peterson: This responds to your letter concerning the application of the rende inoperative provisions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act to the replacement of vehicle windshields by motor vehicle repair businesses.; As explained in my letter of September 3, 1981, to Mr. Stanley, th agency does not consider fixing a damaged windshield to constitute a rendering inoperative of the windshield with respect to Standard No. 205, *Glazing Materials*. That letter did caution that if a repair shop, in the course of fixing a damaged windshield, 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 would violate section 108(a)(2)(A).; You specifically asked whether in replacing a windshield a repair sho must use the same method (e.g., setting the glass with urethane) the original equipment manufacturer used to maintain the integrity of the installation. The agency does not consider the replacement of a damaged windshield to constitute a rendering inoperative with respect to Standard No. 212, *Windshield Mounting*, which establishes windshield retention requirements for new vehicles, regardless of the method used to maintain the integrity of the windshield.; Although section 108(a)(2)(A) of the Act would not apply to th replacement of a damaged windshield, product liability concerns dictate that a repair shop ensure that the replacement windshield is mounted securely. Mounting the windshield with the same method used by the vehicle manufacturer presumably would ensure that the replacement windshield had the same integrity as the original windshield installation.; You also asked about the effect of section 108(a)(2)(A) on a repai shop that replaces a windshield for a dealer who will resell the vehicle and a replacement of a windshield for an insurance company for one of its policyholders. Assuming that the repair shop is replacing a damaged windshield, section 108(a)(2)(A) would not apply.; I hope this discussion is of assistance to you. If you have any furthe questions please contact Stephen Oesch of my staff (202-426-1834).; Sincerely, Frank Berndt, Chief Counsel