Interpretation ID: nht75-4.18

DATE: 10/23/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Coach and Equipment Sales Corp.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 30, 1975, to Mr. Schwartz of this office, seeking an interpretation of Federal Motor Vehicle Safety Standard No. 205.

FMVSS No. 205 requires that the prime glazing manufacturer certify each piece of glazing covered by the standard by marking it with the letters DOT, the manufacturers code mark assigned by the Department of Transportation and the markings required by section 6 of A.N.S.Z-26. The latter markings are the "AS" number, the model number and the manufacturer's distinctive designation or trademark. The distributor who cuts a section of glazing material to which the standard applies is required to mark the material in accordance with section 6 of A.N.S.Z-26. Thus, each of the rectangular lites should be marked with the manufacturer's model number and trademark in addition to the AS number, but not with the letters DOT or the prime glazing manufacturer's DOT number.

Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 requires that you, as the vehicle manufacturer, certify that your product conforms to all applicable Federal motor vehicle safety standards. This would, of course, include FMVSS No. 205.

I hope I have fully answered your questions. If you have any further need for information please do not hesitate to write.

Sincerely,

ATTACH.

COACH AND EQUIPMENT SALES CORPORATION

July 30, 1975

Fred Schwartz -- Counsel, U.S. Department of Transportation, National Highway Traffic Safety Administration

Dear Mr. Schwartz:

To further clarify the questions asked on the telephone and also that I may have the answers/opinions in writing, I am addressing this correspondence to you.

Our questions perhaps boil down to only two. Regarding interpretation of FMVSS 205, in particular the identification markings on glazing material.

As explained to you on the phone our company makes a small vehicle for school bus use primarily by converting a van vehicle to conform to Federal and State standards for use in transporting school pupils. (Brochure enclosed) Thus, our first question. Are we required to have the glazing material, namely laminated glass, we install to be marked with the "DOT" symbol, a manufacturer's code mark, and the "M" number?

Our second question is of course heavily dependent on the answer/ opinion to the first question. To clarify our second question it is necessary to point out that our volume of production is not large, and we have found over the years that we have been serviced better by the distributor's of glazing material rather than the prime manufacturer. In which case, the distributor orders from his manufacturer glazing material to be cut to size and shape from a common sheet size. (Ex: Six (6) rectangular lites - 10 1/2" x 23 3/8" from a large 48" x 62" sheet) It should be noted that the 48" x 62" sheet is marked in only one place. To satisfy various State standards, we require a marking on each lite showing the "AS" number.

Because of the correspondence between your office and Commander Heath of California, we are now finding the prime manufacturer with-holding the right of the distributor to mark with the trademark the individual lites the distributor has cut. In our interpretation of 56.4 of FMVSS 205, the distributor can mark the individual lites. Are we correct in this interpretation? Phrasing the question another way for maximum clarification to us would be as follows. Can the prime manufacturer with-hold the ability of the distributor to mark the individual lites?

We assure you that the answer/opinion to these questions are important and critical to us and respectfully request a reply as soon as possible.

Sincerely,

Richard L. Kreutaiger -- Vice President