Interpretation ID: AFTERMARKETWINDSCREEN
Mr. Rick Mckeon
P.O. Box 1845
Laguna Beach, CA 92652-1845
Dear Mr. Mckeon:
This responds to your letter asking for information about the application of United States safety standards to an "after-market product for the Mazda Miata intended to eliminate back-draft on the driver and passenger when the top is down or the plastic rear window is removed."
You ask whether the device must be transparent or translucent, or be a "screen" type material.
By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment or pass on the compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards.
NHTSA also has the authority to investigate and order recalls to remedy safety related defects in motor vehicles and items of motor vehicle equipment.
As far as we can tell from your letter, your product appears to be an item of motor vehicle equipment regulated by NHTSA. Our statute defines "motor vehicle equipment," in relevant part, as any system, part, or component "sold as an accessory or addition to a motor vehicle" (49 U.S.C. 30102(a)(7)(B)). An item of equipment is an accessory if it meets the following criteria:
- A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and
- It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles.
Your back-draft eliminator appears to be an accessory because it was presumably designed with the expectation that a substantial portion of its expected use will be with motor vehicles. (We make this assumption because you designed the product for use in a Mazda Miata). Further, you state that the back-draft eliminator is an aftermarket product and, therefore, intended to be purchased and principally used by ordinary users of motor vehicles.
The installation of a back-draft eliminator by a commercial entity is subject to certain restrictions. The Federal Vehicle Safety Act at 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the back-draft eliminator could not be installed by any of those entities if such use would adversely affect the ability of a vehicle to comply with any FMVSS. I have enclosed an information sheet that describes how you can obtain copies of the FMVSSs. You should carefully review the FMVSSs, particularly FMVSS Nos. 111 and 205 as discussed below, to determine whether installation of your back-draft eliminator would affect a vehicle's compliance with the standards.up>
Pursuant to NHTSAs authority, the agency has established FMVSS No. 205, Glazing materials, which specifies performance and location requirements for various types of glazing (called "items"), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference an industry standard, the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways (ANSI Z26)."
Your companys product, as described in your letter, would be considered either item 4 or item 5 glazing subject to the requirements of FMVSS No. 205 and ANSI Z26 if constructed of a glazing material, e.g., plastic or glass. Item 4 glazing includes safety glazing material for use in motor vehicles in auxiliary wind deflectors at levels requisite for driving visibility. We would consider the back-draft eliminator to be at a level requisite for driving visibility if it is at a level through which any size driver may view the road and traffic to the rear of the vehicle. Under FMVSS No. 205 and the ANSI standard, item 4 glazing must comply with Test Nos. 10, 13, 16, 17, 19, 20, 21, and 24 of the ANSI Z26 as well as Test No. 2. Test No. 2 applies a 70 percent light transmittance requirement to areas of glazing that are at levels requisite for driving visibility. Item 5 glazing includes safety glazing material for use in motor vehicles in auxiliary wind deflectors. This glazing must comply with the Tests cited above for item 4 glazing except for Test No. 2.
NHTSA has also issued FMVSS No. 111, Rearview Mirrors, to establish performance and location requirements for rearview mirrors in each new motor vehicle. Under this standard, your back-draft eliminator may or may not affect compliance of a vehicle with this standard, depending on its particular material, size or location within the vehicle. "Inside" rearview mirrors are required for "passenger cars" by the standard (paragraph S5.1). Since a passenger car, such as the Mazda Miata, must meet FMVSS No. 111's requirements by way of an inside rearview mirror, a back-draft eliminator could not obstruct the view provided by the inside rearview mirror (i.e., the mirror must continue to provide the scope of view required by the standard).
In addition, the manufacturer, whether your client or a licensee, is subject to the requirements of 49 U.S.C. ''30118-30120, which set forth the notification and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. This responsibility is borne by the vehicle manufacturer in cases in which the product is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.
I hope this information is helpful. For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
Enclosure
ref:205
d.6/7/02
[1] The 'make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles.