Interpretation ID: aiam4173
Guardian Industries
43043 West Nine Mile Road
Northville
MI 48167;
Dear Mr. Gorry: Thank you for your letter to Mr. Edward Jettner, which was referred t my office for reply. You asked a number of questions about the certification requirements of Standard No. 205, *Glazing Materials*. I regret the delay in answering your questions.; You are correct in your understanding that S6.2 of the standar requires a prime glazing material manufacturer to certify each piece of its glazing material which is designed as a component of a specific motor vehicle or camper by placing the marks required by S6.1 of the standard on the glazing and adding the symbol 'DOT' and a manufacturer's code mark assigned by this agency. You are also correct that pursuant to S6.5, each manufacturer or distributor who cuts a section of glazing material for use in a motor vehicle or camper must place the marks required by S6.1 on the glazing and certify the material in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act. Those persons do not have to add the symbol 'DOT' and a manufacturer's code mark to the glazing.; You asked why the standard draws a distinction between glazin materials which are designed as a component of a specific vehicle and glazing materials which are cut from a section of another item of glazing material. As explained by the agency in an interpretation letter of June 10, 1975, to the California Highway patrol, NHTSA's purpose in structuring the marking requirements in this way was to enable us to determine, for purposes of attributing responsibility for compliance, which glazing in a motor vehicle had been manufactured by the prime manufacturer specifically for use in that vehicle, and which glazing had been cut, shaped, or otherwise altered before installation. In an interpretation letter of July 13, 1976, to DuPont, the agency further explained that since issuance of the certification requirements in 1967, those requirements have become more widely understood and uniformly practiced throughout the glazing industry, which has aided the 'traceability' of glazing materials for enforcement purposes. NHTSA also said that it would no longer prohibit the use of the 'DOT' symbol and the prime glazing manufacturer's code number by the distributor or manufacturer who cuts the glazing, if the prime glazing manufacturer grants permission for such use of the code number to the distributor or manufacturer.; You asked if the term 'manufacturer' used in S6.4 and S6.5 of th standard is meant to mean a 'prime glazing manufacturer.' Section 571.3 of our regulations provides that terms defined in section 102 of the National Traffic and Motor Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Act. Section 102(5) of the Vehicle Safety Act defines the term 'manufacturer' as 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.' Thus, the term 'manufacturer' used in S6.4 and S6.5 includes both a prime glazing manufacturer and a person that assemblies (sic) or manufactures vehicles or items of motor vehicle equipment.; You also asked about the definition of the term 'distributor.' A discussed above, section 571.3 provides that terms defined in section 102 of the Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Act. Section 102(6) of the Vehicle Safety Act defines the term 'distributor' as 'any person primarily engaged in the sale and distribution of motor vehicles or motor vehicle equipment for resale.' You said that you are confused about the need to distinguish between manufacturers and distributors. The purpose of the distinction was to make sure that commercial sellers who cut glazing for use in motor vehicles, but do not otherwise perform a manufacturing process on the glazing, have to comply with the marking and certification requirements. You are correct that a prime glazing manufacturer may also be a distributor, likewise there are distributors who are not prime glazing manufacturers.; You also asked why the term 'camper' is distinguished from the ter 'motor vehicle' in S6 of Standard No. 205. As mentioned previously, Section 571.3 of our regulations provides that terms defined in the Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Vehicle Safety Act. Section 102(3) of the Vehicle Safety Act defines 'motor vehicle' as, in part, 'any vehicle driven or drawn by mechanical power....' As a camper has no independent mechanical power and is not drawn, it would not be covered by the definition of 'motor vehicle'. Thus, it was necessary to specifically define the term 'camper' in S4 of Standard No. 205 to make clear that a camper, which is an item of motor vehicle equipment, is covered by Standard No. 205.; Finally, you asked why do S6.2, S6.4, and S6.5 of Standard No. 20 apply to motor vehicles and campers, while S6.3 refers only to motor vehicles and items of motor vehicle equipment. As discussed previously, a camper is considered an item of motor vehicle equipment and thus the requirements of S6.3 would also apply to glazing made by a prime glazing manufacturer for use in a camper. Since the term 'item of motor vehicle equipment' is a more encompassing classification, the requirements of S6.3 apply to other pieces of equipment, such as wind deflectors, made by prime glazing manufacturers.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel