Interpretation ID: aiam3620
Kastar
Inc.
Station Road at Sunrise Highway
Bellport
NY 11713;
Dear Mr. Epstein: This responds to your letter of October 1, 1982 (and letter of Augus 31, 1982) requesting information concerning the Federal requirements applicable to auxiliary wind deflectors for passenger car doors. Your letter states that Mr. Kevin Cavey of this agency indicated that plastic wind deflectors do not have to meet any government regulations.'; We apologize, but the information given to you by Mr. Cavey wa incorrect. The National Traffic and Motor Vehicle Safety Act, as amended 1974 (the Act), authorizes the National Highway Traffic Safety Administration to issue Federal motor vehicle safety standards which are applicable to motor vehicles or motor vehicle equipment. The wind deflectors you plan to manufacture are pieces of motor vehicle equipment, and they are subject to Safety Standard No. 205, *Glazing Materials* (copy enclosed).; Incorporating by reference ANS Z26,' the American National Standard' Safety Code for Glazing Materials, Safety Standard No. 205 specifies performance requirements for various types of glazing and also the locations in vehicles in which each type of glazing may be used. Under the requirements of this standard, an auxiliary wind deflector to be used on a passenger vehicle at levels requisite for driving ability may be manufactured out of either Item 1, Item 2, Item 4, Item 10, or Item 11 glazing materials, depending upon its proposed location on the vehicle (the various types of glazing are designated as Items' in the standard). The acrylic plastic material you propose to use is probably an Item 4 glazing, which may be used as a wind deflector placed on the side window of a vehicle. An AS-4 glazing material must meet Test No. 2, Luminous Transmittance,' which requires that the material show regular (parallel) luminous transmittance of not less than 70 percent irradiation.' You will have to make the determination whether your material in fact qualifies as an Item 4 material, or any of the other Item numbers mentioned above.; Safety Standard No. 205 also sets forth specific certification an marking requirements. The requirements for prime glazing material manufacturers (those who fabricate, laminate, or temper the glazing material) are set out in paragraphs S6.1-S6.3. While not explicitly stated in your letter, it appears that you do not manufacture the glazing to be used in your deflector, but instead purchase it from a prime glazing manufacturer and then cut it yourself. If this assumption is correct, then the certification and marking requirements applicable to you are of ANS Z26, you are required under this paragraph to mark any section of glazing that you cut with the same words, designations, characters, and numerals as the piece of glazing from which it was taken. This means that you would stamp your product with markings identical to those found on the acrylic sheets you purchased. Each item must also be certified pursuant to Section 114 of the Act. Section 114 provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of a container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Safety Standard No. 205.; Under Section 108(a)(1)(A) and (b)(1) of the Act, new motor vehicl equipment such as wind deflectors must comply with applicable safety standards prior to its first purchase by someone for purposes other than resale. The manufacture or installation of a wind deflector that does not conform to the standard, or the installation in a new vehicle in a location that is not provided for in Standard No. 205, would be a violation of Section 108(a)(1)(A). Under Section 109, anyone who violates Section 108(a)(1)(A) is subject to a civil penalty up to $1,000 for each violation.; Manufacturers of motor vehicle equipment also have responsibilitie under the Act regarding safety defects. Under Section 151 *et* *seq*., such manufacturers must notify purchasers about safety-related defects and remedy such defects free of charge. Again, Section 109 imposes a civil penalty of up to $1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.; We hope you find this information helpful. Please contact Hugh Oates o this office if you have any more questions (202-426-2992).; Sincerely, Frank Berndt, Chief Counsel