Interpretation ID: 86-3.34

TYPE: INTERPRETATION-NHTSA

DATE: 05/28/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Joy Binkley

TITLE: FMVSS INTERPRETATION

TEXT:

May 28, 1986 Ms. Joy Binkley MJB Windshield Repair 3765 South Acoma Englewood, CO 80110 Dear Ms. Binkley: Thank you for your letter of April 23, 1986, concerning the application of our regulations to a product your company uses. The product, which is called the Novus method of windshield repair, is used to fill in breaks in vehicle windshields with a liquid resin. You explained that several companies in your area have asked whether the U.S. Department of Transportation has approved the use of the Novus product. I hope the following discussion answers your questions. The National Highway Traffic Safety Administration (NHTSA) is the agency within the U.S. Department of Transportation which has been delegated the authority 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 National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet our safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. NHTSA has issued Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, which sets performance and location requirements for glazing materials used in motor vehicles. Standard No. 205 does not contain performance requirements for repair kits, such as the Novus method, which are used to repair broken glazing. However,use of such a material or process in a new windshield which required repair, for example, as a result of damage sustained in shipment, would be affected by Standard No. 205. Manufacturers must certify that their new vehicles comply with all applicable safety standards. If a windshield is repaired prior to the new vehicle being sold for the first time to a consumer, the person making the repairs would be considered a vehicle alterer under our regulation on certification (Part 567). As an alterer, the person must certify that the vehicle, as altered, continues to comply with all of the requirements of Standard No. 205. In case of a used vehicle, use of a windshield repair kit could potentially be affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a vehicle in compliance with the Federal motor vehicle safety standards. In discussing the applicability of section 108(a)(2)(A) to the repair of windows in used vehicles, NHTSA has said that the prohibitions of that section do not apply to use of a product or process used in the repair of a windshield which has been previously installed in a vehicle and damaged in use. The agency has considered the event that damaged the windshield, and not any subsequent action by a person repairing the damaged window in a used vehicle, as the event which rendered inoperative the compliance of the glazing with the standard. Thus, there is no Federal regulation which would prohibit the use of a product or process in the repair of a windshield which has previously been installed in a vehicle and damaged in use. The manufacturer of the windshield repair kit is considered a manufacturer of motor vehicle equipment. Thus, it is subject to the requirements in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. If you have any further questions, please let me know. Sincerely, Original Signed By Erika Z. Jones Chief Counsel