Interpretation ID: nht69-1.16

DATE: 05/21/69

FROM: AUTHOR UNAVAILABLE; Robert Brenner; NHTSA

TO: Amorada Glass Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of April 25, 1969, forwarded to me by the Federal Trade Commission.

A windshield classified as a second by the manufacturer must nevertheless meet the requirements of Motor Vehicle Safety Standard No. 205 (Glazing materials).

If you have any information indicating that windshields marked seconds do not comply with the standard I would appreciate your sending me such information with the names of the manufacturers and dealers selling the windshields so that the Bureau can further investigate the matter.

Sincerely,

National Highway Safety Bureau, Federal Highway Administration, Department of Transportation,

Attention: Robert Brenner,

Acting Administrator.

Gentlemen:

The enclosed copy of a letter, dated April 22, 1969, from Mr. Richard R. Miller, President, Amerada Glass Company, Elk Grove Village, Illinois, referring to the installation of unsafe windshield glass is forwarded for appropriate consideration by your Bureau under applicable motor vehicle safety standards.

Mr. Miller has been advised of this referral.

With best wishes, I am

Sincerely yours,

Hugh B. Helm --

Chief, Division of Advisory Opinions,

Bureau of Industry Guidance,

Federal Trade Commission

Enclosure

April 22, 1969

Federal Trade Commission

Gentlemen:

Having received a copy of Steven John Fellman's letter of April 7, 1969, directed to your offices, regarding the installation of "seconds" windshields by members of the National Glass Dealers Association, I wish to advise the availability of further information on this matter for your immediate consideration.

"B" line insurance firms in many parts of the country are well aware of the availability of "seconds" and prepare their purchase orders accordingly. It is a known industry fact that the three largest independent manufacturers of curved windshields allow sales of "seconds" windshields only to their largest and preferred customers, those giving them the major share of the replacement business in their area.

This practice definitely discriminates against the small, legitimate buyer unable to buy the lower cost "second" from the independent manufacturer, distributing only through his selected distributor.

I feel very strongly that the Department of Transportation should be advised that the installation of rejects deceives the public, and provides unsafe windshields due to distortion, double vision and imperfections in the glass which would normally be considered rejects and destroyed by those original equipment windshield manufacturers who do not sell windshields considered to be unsuitable for original equipment or replacement installation sales.

A thorough review of practices indicated above should be made without delay. Your reply will be awaited with genuine interest.

Very truly yours,

AMERADA GLASS COMPANY --

Richard R. Miller, President