Interpretation ID: ES02-002690

Bruce Vokoun
3745 Pioneers Blvd.
Lincoln, NE 68506

Dear Mr. Vokoun

This responds to your correspondence directed to Senator Nelson and forwarded to the U.S. Department of Transportation regarding the obtainment for you of a waiver of DOT's regulations so that you may obtain a non-breakable windshield. I apologize for the delay in our response. As explained below, the agency has determined that an exemption for your windshield from the requirements of the National Highway Traffic Safety Administration's (NHTSA) Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing materials (49 CFR 571.205) is permissible in this situation.

By way of background, the NHTSA administers a statute requiring that motor vehicles manufactured for sale in the United States or imported into the United States be manufactured so as to reduce the likelihood of motor vehicle crashes and of deaths and injuries when crashes do occur. That statute is the National Traffic and Motor Vehicle Safety Act of 1966 ("Vehicle Safety Act") (49 U.S.C. 30101, et seq.).

One of the agency's most important functions under the Act is to issue and enforce FMVSSs. These standards specify safety performance requirements for motor vehicle and/or items of motor vehicle equipment. Manufacturers of motor vehicles must certify compliance with all applicable safety standards and permanently apply a label to each vehicle stating that the vehicle complies with all applicable FMVSSs.

FMVSS No. 205 establishes performance and marking requirements for all glazing installed in motor vehicles. The standards incorporates by reference the requirements of Standard ANS Z-26, "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," of the American National Standard Institute. Standard ANS Z-26 requires that glazing materials for windshields must pass a specified group of test requirements designed to address safety concerns related to both visibility and occupant protection in the event that the windshield breaks. Under Federal law, dealers and motor vehicle repair businesses normally are prohibited from deactivating components that have been installed to comply with such safety standards.

On February 27, 2001, NHTSA published a final rule setting forth a limited exemption from the make inoperative prohibition for businesses or individuals who modify vehicles for persons with disabilities (66 Federal Register 12638; Docket No. NHTSA-01-8667). The exception, codified at 49 CFR Part 595, was limited to modifications made after the first retail sale of the vehicle. Accordingly, it does not apply to vehicle manufacturers or alterers. Vehicle modifiers, i.e., businesses that modify a vehicle after first retail sale, may not modify a vehicle in such a way as to negate the vehicle's compliance with any applicable FMVSSs for which there is no exemption, although the modifier is not required to certify compliance with all applicable standards.

While portions of several FMVSSs are included in the Part 595 exemption, FMVSS No. 205 is not. This is because NHTSA is generally unaware of circumstances where there would be a need to install glazing materials that do not meet the standard. NHTSA does, on occasion, issue letters of non-enforcement to address vehicle modifications that are not covered by the Part 595 exemption. In accordance with our policy of case-by-case consideration of specific situations, and in view of your son's medical condition, NHTSA will not enforce this provision against any dealer or repair business that installs a non-breakable windshield in your vehicle.

You should show this letter to your dealer or repair business when you take your vehicle to have the windshield replaced. If the dealer or repair business wishes to verify the authenticity of this letter, they may call the telephone number below.

Because of the safety benefits provided by glazing that complies with FMVSS No. 205, we strongly urge you to have the original windshield reinstalled in your vehicle prior to selling your vehicle. In addition, it is imperative that you use your safety belt at all times.

If you have any questions, pleas call Nancy Bell of my staff, who may be reached at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:205
d.4/18/03