Interpretation ID: 1985-04.22

TYPE: INTERPRETATION-NHTSA

DATE: 11/15/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. David Walsh

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. David Walsh 16892 Centralia Redford, Michigan 48240

Dear Mr. Walsh:

Thank you for your letter of September 15, 1985 inquiring about th Federal safety standards that apply to a product you have developed. You described the product as a mini-venetian blind that is held on a side window of a vehicle by four suction cups. The purpose of the blind is to shield vehicle occupants from the sun. The following discussion explains the applicability of our safety standards to your product.

Pursuant to the National Traffic and Motor Vehicle Safety Act, we have issued Federal Motor Vehicle Safety Standard Vo. 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% in areas requisite for driving visibility, which includes all windows in passenger cars).

No manufacturer or dealer is permitted to install solar films and other sun screen devices, such as the one described in your letter, in new vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.

After a vehicle is first sold to a consumer, modifications to a vehicle are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard Vo. 205. Violation of the "render inoperative" provision can result in Federal civil penalties of up to $1,000 for each violation.

Section 108(a)(2)(A) does not affect vehicle owners, who may themselves alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from applying sun screens on their vehicles. You asked about State laws affecting your product. I suggest you contact the American Association of Motor Vehicle Administrators, which may be able to tell you about State laws or refer you to the appropriate officials in the States in which you wish to sell your product. The address for AAMVA is Suite 910, 1201 Connecticut Avenue, N.W., Washington, D.C. 20036.

If you need further information, please let me know.

Sincerely, Erika Z. Jones Chief Counsel

David Walsh 16892 Centralia Redford, Michigan 48240 Office of Chief Counsel NHTSA 400 7th Street S.W. Washington, D.C. 20590 September 15, 1985 Dear Sir,

Recently I developed a product for use on four-door passenger cars; designed to act as a sun visor for rear seat occupants. This product, known as the Autoblind, is a fully functional mini-venetian blind. The attached photographs show an automobile with the Autoblind in place. The Autoblind is not a permanent fixture on the car, and the slats can be adjusted to allow sun blockage but continued vision.

I have contacted the Michigan Department of Commerce to determine the legality of this product in the state. From their standpoint, use of this product is legal provided the automobile is equipped with two outside side-view mirrors.

However, it has been suggested that I also obtain a federal ruling for this product. Would the use of the Autoblind, on the rear compartment side windows, violate any federal laws?

Also, if use of this product meets federal safety standards, could you suggest a method in which I could learn if its use would violate any state laws?

Many thanks for your attention. Sincerely Yours, David Walsh