Interpretation ID: aiam4254
Traffic Administrator
Equus Products
Inc.
17291-B Mt. Herrmann Street
Fountain Valley
CA 92708;
Dear Ms. Le Mire: Thank you for your letter asking how our regulations would affect th manufacturing, importing, and distribution of a shade device for a vehicle. According to the sales brochure included with your letter, your product, which is called 'VENTSHADES,' is a stainless steel shade that is designed to be installed on the top of a vehicle's window frame. The purpose of the device is to allow vehicle occupants to partially lower their windows when it is raining and keep the rain out. In addition, the brochure says that the ventshade can reduce glare. I regret the delay in our response and hope the following information is helpful.; I believe some background information about the agency may be o assistance to you. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. I have enclosed an information sheet which briefly describes each of a manufacturer's responsibilities under the Vehicle Safety Act. The information sheet also explains how a foreign company importing an item of vehicle equipment into the United States must designate an agent within this country for service of process.; We do not have any standards that directly apply to your product. Th agency has issued Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. The performance and other requirements of the standard apply to any item of glazing material used in a vehicle, including a windscreen made of plastic or other glazing materials. Your product is not made of a glazing material, but is instead made of steel, and is thus not covered by Standard No. 205.; However, manufacturers of motor vehicle equipment are subject to th requirements in sections 151-159 of the Act concerning the recall and remedy of products with defects related to motor vehicle safety. In addition, use of your product can be affected by section 108(a)(2)(A) of the Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards.; The prohibition of section 108(a)(2)(A) does not apply to individua vehicle owners who may install or remove any items of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, the agency encourages vehicle owners not to remove or otherwise tamper with vehicle safety equipment.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel