Interpretation ID: 1984-3.11
TYPE: INTERPRETATION-NHTSA
DATE: 08/21/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Wayne Ivie -- Manager, Support Section, Motor Vehicle Division Department of Transportation (Oregon)
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your letter of July 27, 1984, to Mr. Frank Turpin, which was forwarded to my office for reply, asking several questions concerning our regulations on certain items of motor vehicle equipment. The following discussions answer your questions.
You have asked first if there are any provisions in Standard No. 108, Lamps, Reflective Devices and Associated Equipment, for or against the use of blue warning lamps on police vehicles, if the lamps are steady burning rather than rotating. You have been unable to answer this question by referrals either to Standard No. 108 or SAE materials. Because the National Traffic and Motor Vehicle Safety Act allows States and municipalities to impose higher standards than the Federal ones for vehicles procured for their own use (15 U.S.C. 1392(d)), the agency has generally deferred to the judgment of governmental bodies in their equipment specifications.
You have not stated whether the blue warning lamps would be supplemental to the vehicle's existing lighting, or replacing some item of the vehicle's original equipment. If the lighting is supplemental (e.g., roof-mounted as are the warning lamps on police vehicles in this area), Standard No. 108 permits it if it does not impair the effectiveness of the lighting equipment that is required by the standard (paragraph S4.1.3). Thus, a roof-mounted lamp, whether steady-burning or rotating, would appear permissible. If, however, the warning lamp was adjacent to a stop lamp or headlamp, or replaced a lamp such as a taillamp, a question of impairment could arise, and the burden would be on a State to demonstrate it had adopted a higher standard of performance.
Your second question asked whether there is a specific statement in our regulations or elsewhere which prohibits the attaching of materials to vehicle windshields and windows. The following discussion explains the effect of Standard No. 205, Glazing Materials, and section 108(a)(2) (A) of the National Traffic and Motor Vehicle Safety Act (the Act) on tinting films and other materials placed on windshields and other windows.
Pursuant to the Act, we have promulgated Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70 percent in areas requisite for driving visibility, which includes all windows in passenger cars) and abrasion resistance. This specification for light transmittance precludes darkly-tinted windows in new automobiles.
Tinting and other films are not glazing materials themselves and would not have to comply with Standard No. 205. However, installation of such films on new motor vehicles would be prohibited if the vehicle glazing no longer complied with the light transmittance or abrasion requirements of the standard.
A vehicle manufacturer or a dealer may place the film on glazing in a new vehicle prior to sale of the vehicle only if that manufacturer or dealer is able to certify that the glazing continues to be in compliance with the requirements of Standard No. 205. Purchasers of a new vehicle may alter the vehicle as they please, so long as they adhere to all State requirements.
However, vehicle owners may not go to a commercial establishment to have darkly tinted films installed for them. Section 108(a)(2)(A) of the Act provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard. Thus, none of those persons may knowingly install a film on a vehicle for its owner if that act would render inoperative the light transmittance or abrasion resistance of the vehicle glazing. Violation of this section can result in Federal civil penalties up to $ 1,000 for each violation.
You mentioned that you have recently received an inquiry from the U.S. Air Force concerning the placement of identification decals on a vehicle. We have received a similar inquiry and I am enclosing a copy of our response.
If you have any further questions, please let me know.
ENC.
Department of Transportation MOTOR VEHICLES DIVISION
July 27, 1984
NHTSA
Attention: Francis J. Turpin
Dear Frank:
We would appreciate your help on some questions we have concerning federal regulations/requirements on certain vehicle equipment items.
1. Are there any provisions for or against use of blue warning lamps on police vehicles, if the lamps are "steady burning" -- non flashing or rotating? We were unable to find any information regarding this in FMVSS 108 or in the SAE Standards covering vehicle lighting.
2. Is there a specific "statement" in the federal regulations or elsewhere that prohibits attaching material to vehicle windshields/windows? Presently it is not allowed by our state laws, if "the material prohibits of impairs the ability to see into or out of the vehicle." The availability of various window tinting materials and screening causes constant inquiries from law enforcement, manufacturing companies, repair shops, and individuals regarding this law. Also, we have recently received inquiries from the U. S. Air Force on placing their Identification Decals on windshields of Air Force personnels' private vehicles.
We respond to the window glazing inquiries with information from FMVSS 205 and ANSI Z26. (Ie, the 70% light transmittance requirements.) Also, we mention Section 108 (2) (A) of the National Traffic and Motor Vehicle Safety Act of 1966, concerning rendering inoperative of vehicle equipment. But, we would like to also be able to provide a definite federal prohibition, with possible penalties, etc.
Thank you for any assistance you can give us.
Wayne Ivie Manager, Support Section