Interpretation ID: nht89-2.51

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/89

FROM: W. MARSHALL RICKERT -- MVA

TO: CONSTANCE A. MORELLA -- HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/29/89 ESTIMATED, FROM JEFFREY R. MILLER -- NHTSA TO JOHN D. DINGELL -- HOUSE; REDBOOK A34; STANDARD 205; LETTER DATED 09/22/89 FROM JOHN D. DINGELL -- HOUSE TO JEFFREY R. MILLER; LETTER DATED 08/25/89 FROM CONSTANCE A. MORELLA -- HOUSE TO NORMAN Y. MINETA -- HOUSE; LETTER DATED 07/08/88 FROM ERIKA Z. JONES -- NHTSA TO NORMAN D. SHUNWAY -- CONGRESS; STANDARD 205; LETTER DATED 11/01/88 FROM ERIKA Z. JONES -- NHTSA TO BEVERLY B. BYRON -- HOUSE; STANDARD 205

TEXT: Dear Congresswoman Morella:

I am writing in response to your letter of July 6, 1989, regarding Katherine M. Dante's letter to you requesting assistance in obtaining a waiver to permit tinted windows on her automobile. You may recall that Mrs. Dante suffers from a skin disease c alled Vitaligo, and has been advised to avoid exposure to the sun's rays.

Unfortunately, the Motor Vehicle Administration has limited authority under present Federal law and regulations to waive standards for window tinting. Title 15, Section 1397(a) of the U.S. Code provides the standards for light transmittance permitted in a new vehicle's window glazing. That Section also makes it a violation of federal law for a car manufacturer, distributer, dealer or repair business to "render inoperative" the glazing installed in the new vehicle. Thus, after the new car is sold, a used car dealer or motor vehicle repair business cannot add tinting to a vehicle which would result in a light transmittance level which did not meet the federal standards for durability and opacity.

Current federal law does not allow for any medical exemptions from this prohibition. Federal law does not, however, prohibit an individual from applying window tinting to his or her own vehicle, even if such application results in a light transmittan ce level which does not conform with the federal standard. Maryland's regulations, however, do prohibit an individual from applying any tinting to a vehicle.

I am informed by my staff and the State Police that there are no window tinting products currently on the market which, when applied, would still meet the federal standard. I am attaching two explanations of this law - one from my counsel and one con tained in a letter from the Chief Counsel, National Highway Traffic Safety Administration, to Congresswoman Beverly Byron.

It seems to me there are two things that can be done. On the State level I will explore with the State Police the possibility of amending Maryland's regulation to allow an individual to apply tinting to his or her own vehicle for medical reasons. Ho wever, I believe that federal law should also be amended to allow a motor vehicle repair business to apply tinting which does not conform with federal standards if the tinting is needed for medical reasons. I frankly do not know how difficult it is to a pply tinting, but it seems ludicrous to state that an individual can apply tinting, but that that individual cannot hire someone else to apply it.

I hope my explanation and suggestions are helpful. Mrs. Dante is not alone in her frustration with this law. I intend to do all I can to provide for a medical waiver, but I think it is going to take a joint Federal/State effort to accomplish this g oal. I would be happy to pursue this further with you.

With kindest personal regards.

Sincerely,

Attachments

The abortion issue is now gone beyond "Right to(Illegible Word) It now threatens our Basic Bill of Rights and the Constitutes who is to say that in the future the table would be turned and mandatory abortions for population control, ie. China would be law. I urge you to side with "Freedom of Choice" and protect our Democracy.

2) Tinted Glass on Motor Vehicles

In the state of Maryland, the law states that only RV, Trucks, Vans, Mini Vans, Limo's are legally allowed to have tinted glass. This I find confusing. The operators of these Vehicles have to visualize traffic conditions the same as the operator of a passenger car. The MVA reason for permitting the tinted glass on the above vehicles, is that they posses a Rear View mirror on the passenger side of the Vehicle. As you are well aware this option is very easily attainable on a passenger car also.

I was informed that the statute stems from a federal law passed in early 1960's, however each state has the ability to ammend this statute. With current advances in technology since 1960's, both in the tinted films, and(Illegible Word) tint manufactu red into the glass, The Visual acuity is unaltered. Tinted glass decreases harmful Ultra Violet Rays, that cause glare for and heat within the automobile. This is especially noticed on those Hot, Humid, Washington D.C. Days, especially for passengers ( Illegible Word) in 3rd seats of STATION wagons. I feel there is no reason why passenger cars should be excluded from possessing tinted glass as long as it meets current industry specifications and the vehicle is properly equiped.