Interpretation ID: 86-1.17

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Cynthia R. Syverson

TITLE: FMVSS INTERPRETATION

TEXT:

February 3, 1986 Ms. Cynthia R. Syverson P.O. Box 23314 Jacksonville, FL 32217 Dear Ms. Syverson: Thank you for your letter of January 7, 1986, inquiring about the Federal safety standards that apply to a sun shading product you enclosed with you letter and asking whether the product complies with our standards. The product is a rolldown sun shade, which when extended cover a 15 x 18 inch area of a vehicle window with a piece of perforated plastic. The product is designed to be attached to a vehicle's windows by suction cups. The following discussion explains how our safety standards apply to this product. Some background information on how Federal motor vehicle safety laws and regulations affect your product may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA , however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the Vehicle Safety Act establishes a "self certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically test vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. As explained below, installation of products in new and used vehicles would be affected by our regulations. In addition, any manufacturer of motor vehicle equipment is subject to the requirements of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor vehicle safety. We have issued 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% 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 enclosed 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 No. 205. Violation of section 108(a)(2)(A) 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 States to preclude owners from using sun screens in their vehicles. If you need further information, please let me know. I an returning, under separate cover, the sample you sent. Sincerely, Original Signed By Erika Z. Jones Chief Counsel