Interpretation ID: nht90-1.93

TYPE: INTERPRETATION-NHTSA

DATE: 03/30/90

FROM: STEVE MOORE -- BUSINESS MARKETS

TITLE: LOCAL CRAFTSMAN UNSWAYED BY FEDERAL CIVIL LAWSUITS THE LAWSUITS CHARGE THE COMPANIES WITH VIOLATING FEDERAL SAFETY STANDARDS INSTALLING WINDOW TINTING FILM THAT IS TOO DARK AND UNSAFE FOR MOTORISTS

ATTACHMT: ATTACHED TO LETTER DATED 06/25/90, FROM PAUL JACKSON RICE -- NHTSA TO LAWRENCE J. SMITH -- CONGRESS; A35, VSA 108 [A] [2] [A]; STANDARD 205; LETTER DATED 05/30/90 FROM NANCY L. BRUCE -- DOT TO LAWRENCE J. SMITH -- CONGRESS; LETTER DATED 05/25/9 0 FROM LAWRENCE J. SMITH -- CONGRESS TO NANCY BRUCE -- DOT; NEWSPAPER ARTICLE; UNDATED BY UPI; US SUES 4 AUTO TINTING SHOPS; OCC 4842; NEWSPAPER ARTICLE DATED 03/29/90 BY BRUCE VIELMETTI -- ST PETERSBURG TIMES; US CRACKS DOWN ON WINDOW TINTERS; NEWSPAPER ARTICLE DATED 03/29/90 FROM JIM LEUSNER -- ORLANDO SENTINEL; US SUES CAR - WINDOW TINTERS - LET THERE BE MORE LIGHT; 1984 FLORIDA AUTO TINT LAW; PRESS RELEASE DATED 03/28/90 BY UNITED STATES ATTORNEY MIDDLE DISTRICT OF FLORIDA

TEXT: The owner of a local automobile window tinting business says a federal lawsuit is not going to stop him from serving his customers.

"It's business as usual," David Spearin said Thursday. "It's steady as she goes."

ShakeSpearin's Inc. of Holly Hill was one of six Central Florida businesses named in civil complaints filed Wednesday by U.S. Attorney Robert W. Genzman of Tampa on behalf of the U.S. Justice Department.

The lawsuits charge the companies with violating federal safety standards by installing window tinting film that is too dark and unsafe for motorists.

Federal regulations require automobile glass that allows at least 70 percent light through its surface. The complaints seek to stop the businesses from violating the regulation [Illegible Word] impose civil [Illegible Word] for the violations.

Spearin and owners of several [Illegible Word] cal window-tinging operations [Illegible Word] follow state standards, which [Illegible Word] stringent, and Spearin said he was unaware of the tougher federal rules. State law permits tinting that allow s only 35 percent of the light to pass through windshield and front-seat windows, and 20 percent through rear and back-seat windows.

"We've always complied with Florida statutes and will continue to do so," Spearin said.

Officials with the National Highway Traffic and Safety Administration in Washington, which oversees federal highway safety rules, could not be reached for comment Thursday.

Owners of other local companies in the automobile detailing business not named in the lawsuits said they wore nontheless concerned.

"The National Highway Traffic and Safety Administration sent us some form a few years back pertaining to the light transmission qualities of the tinting, but that was the last I heard about it until now," said Ray Gordon, owner of Auto Appearance Cent er in South Daytona.

"Tinting that lets 70 percent of the light in is basically what cars come with," he said. "It's just ridiculous why they're doing something like this."

Gordon said he would start abiding by the federal standard, at least until the issue is resolved.

"It's going to wind up scaring customers away right at the peak of the season," he said. "But a law is a law so I'll follow it."

Lance Puckett, owner of Stardrive Detailing and Tinting of Holly Hill, said he got started in the tinting business only recently.

"I've heard the federal law was [Illegible Word] but nobody told me what it was, [Illegible Word] ways followed the state law," he don't do big volume on window but maybe it's time to start [Illegible Word] gurt."

Solar-X of Daytona was the [Illegible Word] in Volusia County to offer tinting, according to owner Brian [Illegible Word]

"My family got into this businesses years ago and there's always [Illegible Word] continuity between federal law [Illegible Word] law," he said. "Instead of wasting payers' money trying to prosecute people, the federal government [Illegible Word] get with the states and draft a [Illegible Word] law."

Martin Energy Products of Fort dale, makers of tinting film, are Congress to make the federal [Illegible Word] percent.

Smith said he's lost business by to install film darker than allow state law.

"I turn people away almost [Illegible Word] said. "I don't do those gangster [Illegible Word] know Dave (Spearin) doesn't either of the smaller shops, for an [Illegible Word] they'll paint your windows [Illegible Word] want. But I see the Florida la w very sufficient and it's going to [Illegible Word] as usual for me."

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