Interpretation ID: 1984-2.42

TYPE: INTERPRETATION-NHTSA

DATE: 07/31/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Janet E. Odom -- Deputy City Attorney, Lakewood, Colorado

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter concerning legislation that went into effect on January 1, 1984, in Colorado governing the use of certain materials on vehicle windows. You asked us to review the legislation and to inform you as to the effect of Federal statutes or regulations on the Colorado statute.

Section 42-4-224(1)(a) of the Colorado statute enclosed in your letter prohibits the operation of a motor vehicle in which "the windshield or front side windows and side wings immediately forward of or to the left and right of the driver are composed of, covered by, or treated with any material or component which presents an opaque, nontransparent, or metallic or mirrored appearance in such a way that the operator of the vehicle cannot be easily identified or recognized through such window from outside the vehicle." In addition, Section 42-4-224(d) provide that "No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance."

Section 42-4-224(c) of the Colorado statute provides that the prohibition against the use of opaque, nontransparent, or metallic or mirrored windows shall not be construed "to prevent the use of any window which is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by such covering which meets such guidelines."

Section 103(d) of the National Traffic and Motor Vehicle Safety Act (the Act) sets forth the agency's preemption authority. Section 103(d) provides that:

Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

Pursuant to section 103(a) of the Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in new vehicles as well as replacement glazing to be installed in used vehicles. One aspect of performance covered by the standard is the light transmittance of windows which are requisite for driving visibility. Those windows must have a light transmittance of at least 70 percent. The agency considers all windows in passenger vehicles requisite for driving visibility. In most other motor vehicles, only the windshield and front side windows are usually considered requisite for driving visibility. Therefore, for instance, under Standard No. 205 the rear windows of a van could be opaque, since the transmittance requirements would not apply to those windows.

Because section 42-4-224(c) of the Colorado statute specifically provides that materials installed on a new vehicle or as replacement equipment in compliance with a Federal regulation are not prohibited, the statute is not in conflict with Standard No. 205 and thus is not preempted. In addition, since the reflectivity of a window is not an aspect of performance governed by Standard No. 205, Colorado's requirements concerning glazing reflectance would not be preempted. Once a vehicle is sold, Section 108(a)(2)(A) of the Act prohibits a dealer, manufacturer, repair business or distributor from knowingly rendering inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard. Thus, those persons may not install materials on a vehicle's window if the installation would mean that the vehicle no longer complies with Standard No. 205. The agency's authority does not extend to the activities of individual vehicle owners. Therefore, the Colorado statute's prohibition against an owner installing opaque and other films is a matter within the State's authority and is not affected by Federal law.

If you need any further information, the agency will be glad to provide it.

Sincerely,

ATTACH.

December 23, 1983

Frank Berndt -- Chief Counsel, National Highway Safety Administration

Dear Mr. Berndt:

Effective January 1, 1984, legislation will go into effect in Colorado that will prohibit the use of any material on any window in a motor vehicle that presents a metallic or mirrored appearance. The windshield or front side windows and side wings to the immediate left and right of the driver cannot also be covered by or composed of any nontransparent or opaque material. To be unlawful, said material must serve to make the driver of the vehicle not easily identifiable or recognizable through such window from outside the vehicle.

Could you please review this legislation, which I have enclosed, and inform me of your opinion concerning whether metallic or mirrored windows are permitted by federal statute or regulation to be used anywhere in the motor vehicle? Since federal regulations, as stated in ANS Z26, mandate that windows that are needed for the driver's visability allow light transmittance of not less than 70 percent of the available light, would metallic or mirrored windows conform to these regulations?

I would appreciate any assistance you could provide in interpreting the federal requirements.

Sincerely, Janet E. Odom -- Deputy City Attorney, City of Lakewood

Encls.

SECTION 2. 42-4-224, Colorado Revised Statutes 1973, as amended, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:

42-4-224. Windows unobstructed - certain materials prohibited - windshield wiper requirements. (1) (a) No person shall operate any motor vehicle on which the windshield or front side windows and side wings immediately forward of or to the left and right of the driver are composed of, covered by, or treated with any material or component which presents an opaque, nontransparent, or metallic or mirrored appearance in such a way that the operator of the vehicle cannot be easily identified or recognized through such window from outside the vehicle.

(b) Notwithstanding any provision of paragraph (a) of this subsection (1), nontransparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following:

(I) The bottom edge of the material extends no more than four inches measured from the top of the windshield down:

(II) The material is not red or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision;

(III) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material.

(c) Nothing in this subsection (1) shall be construed to prevent the use of any window which is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by such covering which meets such guidelines.

(d) No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance.

(e) Nothing in this subsection (1) shall be construed to deny or prevent the use of certificates or other papers which do not obstruct the view of the driver and which may be required by law to be displayed.

(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

(3) Any person who violates any provision of this section commits a class B traffic infraction.

(4) This section shall apply to all motor vehicles.

SECTION 3. Effective date. This act shall take effect January 1, 1984.

SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Ted L. Strickland PRESIDENT OF THE SENATE

Carl B. Bledsoe SPEAKER OF THE HOUSE OF REPRESENTATIVES

Marjorie L. Nielson SECRETARY OF THE SENATE

Lorraine F. Lombardi CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

APPROVED June 1, 1983 8:13 pm

Richard D. Lamm GOVERNOR OF THE STATE OF COLORADO