Interpretation ID: 8023-2
Technical Services Bureau
State of New York
Department of Motor Vehicles
Division of Vehicle Safety Services
The Governor Nelson A. Rockefeller Empire State Plaza
Albany, NY 12228
Dear Mr. Wagar:
This responds to your letter asking about the repair of glazing in in-service motor vehicles that were originally designed to comply with Federal Motor Vehicle Safety Standard No. 205, Glazing Materials (49 CFR 571.205). You were specifically concerned about the safety of a repair process known as "Ultra B-O-N-D" which you explained involves injecting a liquid through a crack in a windshield. The repaired area is then exposed to a lamp, scraped with a razor blade, and cleaned. You explained that after this process is completed, the crack is "not as visible."
By way of background information, the National Traffic and Motor Vehicle Safety Act (Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards applicable to new motor vehicles and new motor vehicle equipment. Pursuant to this authority, the agency has issued Standard No. 205, which establishes performance requirements for all windows (called "glazing" in the Standard) in new motor vehicles and for all new replacement windows for motor vehicles.
The Federal motor vehicle safety standards do not apply to vehicles and motor vehicle equipment after their first sale to a consumer. The Safety Act does include a provision that prohibits manufacturers, distributors, dealers and motor vehicle repair businesses from "rendering inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. However, that provision does not require those entities, in repairing a damaged vehicle, to restore it to its original level of performance.
The States do have the authority to regulate motor vehicle repairs and the condition of in-service vehicles, and this agency encourages them to take steps to ensure the safe operating condition of vehicles-in-use. (The Federal Highway Administration has in-service requirements for commercial motor vehicles used in interstate commerce.) I regret that we are unable to provide any information concerning the safety of the "Ultra B-O-N-D" process. We suggest that, in developing criteria for the condition of in-use glazing, including the permissibility of certain types of repairs, that you consider such factors as whether particular damage, even after repair, would adversely affect driver visibility, would likely become more serious during normal use (e.g., a small crack becoming a large crack), would reduce the ability of the windshield to retain unrestrained occupants in the vehicle, or would otherwise adversely affect vehicle safety. In addition, if the windshield is so extensively damaged that it cannot be repaired using the "Ultra B-O-N-D" process, and must be replaced, the new windshield should be installed in accordance with the vehicle manufacturer's instructions. In the event of an accident, an improperly installed windshield may allow unrestrained occupants to be ejected from the vehicle with resulting personal injury.
I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.
Sincerely,
John Womack Acting Chief Counsel
ref:205 d.1/22/93