Interpretation ID: nht75-6.29

DATE: 08/19/75

FROM: JAMES C. SCHULTZ -- NHTSA CHIEF COUNSEL

TO: GERHARD P. RIECHEL -- ATTORNEY VOLKSWAGEN OF AMERICA, INC.

TITLE: N40-30 KK

TEXT: Dear Mr. Riechel:

This is in response to your letter of June 27, 1975, inquiring as to the permissibility under Standard No. 111, Rearview Mirrors, of offering for sale new vehicles equipped with louvers affixed to the outside of the rear window without installing a rearview mirror on the passenger side.

Standard 111 requires that an outside rearview mirror of substantially unit magnification be installed on the passenger side of a vehicle where the field of view provided by the inside rearview mirror is obscured by objects other than seated occupants or head restraints. Based upon the information contained in your letter, it appears that the louver affixed to the rear window obstructs the view to the rear provided by the inside mirror. Since this louver does not fall within the two exceptions named in S3.1.1 of the standard (seated occupants and head restraints), a passenger side rearview mirror would be necessary to comply with the requirements of the standard.

The fact that the obstruction is only slight does not affect this determination, since the standard is clear on the point that the only obscurity allowable is that caused by occupants or head restraints.

Sincerely,