Interpretation ID: aiam3938
Custom Window Tinting Services
5016-A 46th Avenue
Hyattsville
MD 20781;
Dear Mr. Lakas: Thank you for your letter concerning our regulations that affec tinting businesses, such as yours. I hope that the following discussion will clarify our regulations and answer the questions you raised.; Please note that in all the correspondence the agency has had with you your attorney, and others concerning your business, we have never stated that it is illegal to add all tinting to the glazing of a motor vehicle. We have stated, however, that it is illegal to add some types and levels of tinting. Let me explain further the effect our regulations on tinting.; *Federal Law* The National Traffic and Motor Vehicle Safety Act authorizes our agenc to issue Federal Motor Vehicle Safety Standards that apply to new motor vehicles and items of motor vehicle equipment. In 1967, the agency issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which sets performance requirements for glazing materials used in new motor vehicles and glazing materials sold as items of replacement equipment. (A copy of that standard and the American National Standards Institute's code incorporated by reference in our standard has been previously provided to you.); The performance requirements of the standard include ones regulatin the light transmittance and abrasion resistance of glazing. A manufacturer of new vehicles must certify that the glazing in windows requisite for driving visibility, whether clear or tinted, conforms with the light transmittance and other requirements of the standard. Likewise, if a dealer or other person places tinting film on glazing in a new vehicle prior to the sale of the vehicle, that person must certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Thus, for example, the light transmittance through the combination of tinting film and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the abrasion resistance and other requirements of the standard.; In 1974, Congress amended the National Traffic and Motor Vehicle Safet Act to address the problems of persons tampering with safety equipment installed on a motor vehicle after its first sale. The 1974 amendments added section 108(a)(2)(A) to the Act. That section provides, in part that:; >>>No manufacturer, distributor, dealer, or motor vehicle repai business shall knowingly render inoperative, in whole or part, 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 . . . .<<<; Thus no manufacturer, distributor, dealer, or motor vehicle repai business may add tinting to the glazing materials of a motor vehicle, if that tinting would render inoperative the glazing's compliance with Standard No. 205. Again, section 108(a)(2)(A) does not prohibit tinting, it merely limits the use of tinting. The agency has consistently attempted to explain our interpretation of section 108(a)(2)(A) in letters to vehicle, glazing, and tinting manufacturers, state governments, and individual tinting shops. You indicated that we need to do a better job of conveying our interpretation to all affected persons. We will look at ways to accomplish that goal.; Section 108(a)(2)(A) does not establish any limitations on a individual vehicle owner's ability to alter his or her own vehicle. Under Federal law, individual vehicle owners can themselves install any tinting they want on their vehicles, regardless of whether that tinting would render inoperative the compliance of the vehicle's glazing with the performance requirements of Standard No. 205. The agency, of course, urges individual owners not to install dark tinting on their vehicles.; *State Law* Although the agency does not have the authority to regulate the action of individual vehicle owners, States do have such authority. The agency is aware that a number of States have adopted laws which address the tinting of motor vehicles. Let me emphasize that State laws which are inconsistent with these Federal requirements are preempted. Any State law or regulation which would permit any person to install tinting material on a new vehicle in violation of Standard No. 205 is preempted under section 103(d) of the Vehicle Safety Act. for example, a State law which specifies a transmittance level less than 70 percent for windows requisite for driving visibility in new vehicles would be preempted. The adoption or retention of such a law would have no effect on the illegality of that installation under Federal law. Further, any State law or regulation that would permit manufacturers, distributors, dealers or motor vehicle repair businesses to install tinting materials on a vehicle after its first sale in violation of section 108(a)(2)(A) of the Vehicle Safety Act is also preempted.; *Requirements for Different Vehicles* You asked for an explanation of why there is a difference between th visibility requirements set for passenger cars and other motor vehicles. The agency has generally applied more stringent safety requirements for passenger cars, the most prevalent type of vehicle on the road, and has subsequently applied the same or similar requirements to other vehicle types.; In the case of the glazing requirements, the agency has considered al the windows in a passenger car requisite for driving visibility. The agency has applied different requirements to other vehicles such as vans, because of traditional differences in their construction and use. Many vans are constructed without any windows to the rear of the driver. In addition, the space behind the driver in vans is frequently used to haul objects which prevent an interior view to the rear of the vehicle. Because of this situation, the agency has required trucks, buses and van-type vehicles to have dual outside mirrors to ensure that the driver will have a view to the rear of the vehicle.; *VESC Guidelines* You also asked about the guidelines adopted by the Vehicle Equipmen Safety Commission (VESC). In 1958, Congress authorized the creation of VESC for the purpose of encouraging State cooperation in the establishment and carrying out of traffic safety programs. VESC, however, had no authority to adopt regulatory standards that would directly affect individuals, manufacturers, dealers, distributors, or motor vehicle repair businesses. Although VESC could recommend guidelines, those guidelines would have to be adopted by the States to have the force of law. VESC ceased operations in January 1984. In 1980, VESC adopted a guideline, designated as VESC-20, on the tinting of glazing on used vehicles. Several of the provisions in VESC-20 conflict with the requirements of Standard No. 205. As discussed above, the adoption of VESC-20 by a State would govern the use of tinting by an individual vehicle owner. However, that State law would not affect the use of tinting by manufacturers, distributors, dealers, and motor vehicle repair businesses, whose conduct would still be affected by our regulations.; You asked about Maryland's adoption of a regulation based, in part, o VESC-20. Since VESC- 20 is merely a guideline, Maryland is free to choose the portions of VESC-20 it wishes to adopt, but those portions conflicting with Standard No. 205 are subject to Federal preemption.; *AAMVA Approval* You asked about the effect of a 'notice of equipment compliance' issue to tinting manufacturers by the American Association of Motor Vehicle Administrators (AAMVA), which apparently is a certification by the AAMVA that the material complies with VESC-20. Our regulations do not require a manufacturer of tinting materials to obtain a notice of equipment compliance from AAMVA. Individual States may have adopted regulations which require tinting manufacturers to obtain such notices.; Whether a manufacturer has an AAMVA notice or its tinting material ha been approved by a State has no effect on our regulations. As explained above, if a manufacturer, dealer, distributor, or motor vehicle repair business install tinting film which would render inoperative the glazing materials compliance with Standard No. 205, there would be a violation of section 108(a)(2)(A) of the Vehicle Safety Act.; If you have any further questions, please let me know. Sincerely, Jeffrey R. Miller, Chief Counsel