Interpretation ID: nht81-1.37

DATE: 03/12/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: ABCO, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This reponds to your letter of November 24, 1980 to Joan Griffin of my staff regarding the use of Lexan Margard as a glazing material in off-road heavy equipment, such as farm equipment and logging operations vehicles. Please accept our apologies for the lateness of this reply. In your letter, you asked whether an off-road vehicle equipped with a Lexan Margard windshield may be driven on public roads for the purpose of reaching a new job site. You also asked in which locations on a vehicle Lexan Margard may be used. You state that you are a "Fabricator-Distributor," i.e., that you purchase flat Margard sheeting, machine it to size, and ship it to heavy equipment manufacturers and owners.

The first issue that must be resolved in answering your questions is whether an off-road equipment vehicle is a "motor vehicle." The National Highway Traffic Safety Administration (NHTSA) issues safety standards governing "motor vehicles." Thus, Safety Standard No. 205, Glazing Materials, applies to a vehicle only if the vehicle qualifies as a motor vehicle under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. @ 1381 et seq.) (the Act). Section 102(3) of the Act (15 U.S.C. @ 1391(3)) defines "motor vehicle" as:

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

We cannot determine, on the basis of the information you have provided, whether the vehicles in question are motor vehicles within the meaning of the Act. However, we have enclosed some guidelines that should enable you to make your own decision. Please contact this office if you have any questions about a specific vehicle.

If a piece of off-road heavy equipment is not a "motor vehicle," NHTSA has no authority over the vehicle, and Safety Standard No. 205 is inapplicable. In this case, any type of glazing material may be used in the vehicle. However, you should check with the appropriate state agency to determine whether there are any local regulations regarding the type of glazing that may be used in such equipment, and whether such a vehicle can use the public roads.

If a vehicle is a "motor vehicle," the glazing used in that vehicle must comply with the requirements of Standard No. 205. Standard No. 205 specifies performance requirements for glazing materials to be used in motor vehicles and motor vehicle equipment. 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 (ANS Z26). ANS Z26 lists 13 "Items" or types of glazing that vary in terms of the performance tests each item must pass and the locations in which each type of glazing may be used. Two items of glazing may be used in the windshield of a motor vehicles: Item 1, Safety Glazing Materials for Use Anywhere In Motor Vehicle, and Item 10, Bullet Resistant Glass for Use Anywhere in Motor Vehicle. Lexan Margard clearly does not qualify as bullet resistant glazing material. Thus the second issue that must be addressed in response to your first question (assuming that the vehicles you are fitting with glazing material are motor vehicles under the Act) is whether Lexan Margard qualifies as Item 1 glazing.

NHTSA does not offer prior approval of compliance of any vehicle or equipment design with any safety standard before the manufacturer's certification of its product. It is the manufacturer's responsibility under the Act to determine whether its vehicle or equipment complies with all applicable safety standards and regulations and to certify its vehicle or equipment in accordance with that determination. However, the agency is willing to give an informal opinion concerning whether a vehicle or motor vehicle equipment complies with a particular rule. This opinion is not binding on you or the agency. It is our understanding that Lexan Margard does not qualify as Item 1 glazing because it fails Test No. 18, Abrasion Resistance. In response to your second question, we do not know whether Lexan qualifies as other Items of glazing. Your supplier may be able to provide you with more accurate information.

If Lexan Margard does not meet all the tests for Item 1 glazing, then your sale of a Lexan Margard windshield to a vehicle manufacturer for installation in a motor vehicle violates Section 108(a)(1)(A) of the Act. Your customer is also in violation of this section of the Act if he sells a motor vehicle equipped with a Lexan Margard windshield. NHTSA has no authority over the operation of motor vehicles, only over the manufacture and sale of motor vehicles and motor vehicle equipment. Under Section 109, anyone who violates Section 108(a)(1)(A) is subject to a civil penalty up to $ 1,000 for each violation.

Should you determine that Lexan Margard meets the requirements of Item 1 glazing and you wish to sell Lexan windshields for installation in motor vehicles, Standard No. 205 imposes specific certification and marking requirements on you as a Fabricator-Distributor of automotive glazing. These requirements can be found in Paragraphs S6.4 and S6.5.

We hope you find this information helpful and not too confusing. Please contact this office if you have any more questions.

Sincerely,

ATTACH.

November 24, 1980

Joan Griffin -- N.H.T.S.A.

Dear Ms. Griffin:

This letter will confirm our telephone conversation of November 20, 1980 concerning legal documents related to the use of Lexan Margard (Polycarbonate sheet with an abrasion resistant coating) as a glazing material for off-road heavy equipment.

I must review and evaluate all related documents and prepare for a presentation to some major equipment companys within two to three weeks.

Our position is that of Fabricator-Distributor. We buy flat Margard sheeting from General Electric, machine it to size and ship it to both heavy equipment manufacturers and owners.

The equipment that we supply is generally used off-road. Is it legal to operate these vehicles on public roads for the purpose of reaching a new job site if the primary windshield is Lexan? May they be used on roads not yet open for traffic? In which windows is Lexan Margard legally documented for use?

Any information about legal vehicular applications of this glazing material would be invaluable to us. Time is important. If you have any questions please do not hesitate to contact me.

Sincerely yours,

Miles B. Mueller -- ABCO, Inc.