Interpretation ID: nht70-1.49

DATE: 04/01/70

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Scandex Sakerhetaglas Aktiebolag

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of March 3, 1970 in which you applied to the National Highway Safety Bureau for registration of glazing materials your company intends exporting to the United States for use in motor vehicles.

It is important that you understand that the National Highway Safety Bureau does not approve or certify that glazing materials meet the requirements of the Federal Motor Vehicle Safety Standard applicable thereto (No. 205, copy enclosed). Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1405 ( a copy of the Act is also enclosed) requires the manufacturer to certify that his product complies with all applicable U.S. standards. You may certify that your company's glazing materials meet the standard by following the requirements of Section 114 of the Act or by following the certification alternative provided for in S3.4 of Standard No. 205. If you choose to use the alternative method provided for in the Standard you must apply for an approved manufacturer's code mark.

Although the Bureau does not certify glazing material as complying, it does conduct a compliance program to determine if the manufacturer's product does, in fact, comply with the applicable standards. Persons selling non-complying items of motor vehicle equipment are subject to a civil penalty of up to $ 1,000 per violation (see Sections 108 and 109 of the Act).

In addition, your attention is directed to Section 110(e) of the Act which requires persons exporting motor vehicles and motor vehicle equipment into the United States to designate an agent for service of process. See Subpart D-Service of Process: Agents, of the General Procedural Rules (copy enclosed).