Interpretation ID: nht76-4.35

DATE: 07/30/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Sun Control Products of Virginia, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 11, 1976, request that Madico solar protective polyester film be "designated as acceptable" under Ford Motor Company's DOT code number for the Ford product "Privacy Glass" or, in the alternative, that the Madico product be assigned a separate DOT glazing code number. You state that the Madico film achieves the same effect as "Privacy Glass" for reduction of solar heat, glare and fading.

Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, specifies requirements for glazing materials for use in motor vehicles and motor vehicle equipment. Section S6 of the standard outlines the procedures required for certification and marking of glazing materials, to certify that the glazing complies with all the requirements of the standard. Paragraph S6.2 of that section requires certain manufacturers to mark their glazing materials with the "DOT" symbol and a manufacturer's code number, which is assigned to the manufacturer by the National Highway Traffic Safety Administration upon written request. Each code number is the unique mark of a single manufacturer, and is intended to facilitiate the traceability of the glazing to the original manufacturer. Therefore, Ford's code number (DOT - 75 FM-M73) cannot be used by Madico or by another glazing manufacturer or distributor.

Your letter states that the Madico product is a solar protective film that is "bonded or laminated to existing, installed clear glass." We conclude that this "protective film" is not glazing material and is not subject to the requirements of Standard No. 205. Therefore, a glazing manufacturer's code number cannot be assigned for the product.

Whether or not the Madico protective film is otherwise subject to Federal requirements depends upon who uses the product. If a vehicle manufacturer or a dealer places the film on glazing in a vehicle prior to sale of the vehicle, he must certify that the glazing continues to be in compliance with the requirements of Standard No. 205.

On the other hand, the vehicle owner may alter his vehicle as he pleases, so long as he adheres to all State requirements. The owner could install the protective film on glazing in his vehicle whether or not such installation affected compliance with Standard No. 205. It should be noted, however, that section 108 (a) (2) (A) of the National Traffic and Motor Vehicle Safety Act of 1966 provides that no manufacturer, dealer, distributor, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. Therefore, no manufacturer, distributor, dealer or repair business may knowingly install the Madico protective film on a vehicle for its owner in a manner that would destroy the conformity of the glazing with the requirements of Standard No. 205.

Sincerely,

ATTACH.

SUN CONTROL PRODUCTS OF VIRGINIA, INC.

June 11, 1976

James B. Gregory, Administrator -- National Highway Traffic Safety Administration

Dear Dr. Gregory:

It is my understanding and observation that the Ford Motor Company is supplying and selling as an option their "Privacy Glass" for their Club Wagons and Econoline Vans in the 1976 Model year.

The "Privacy Glass" carries the following identification on the installed glass:

"Laminated Safety Glass, 'Carlite', F-6D, R-AS3, DOT-75 FM-M73"

It is my further understanding that the DOT Code number above indicates that certain Solar Optical Properties of the "Privacy Glass" have been supplied by Ford Motor Company (Or the Glass manufacturer) to DOT before DOT issued the code number.

Attached is a copy of the manufacturer's (MADICO) Product Specification sheet of solar protective polyester film, Non-Reflective Laminated FADE SHIELD SERIES FSLW 100-20 Gray. This solar protective film is bonded or laminated to existing, installed clear glass, and attains the same effect as the "Privacy Glass" for reduction of solar heat-gain, solar glare and solar fading.

It is my understanding that the solar optical properties of MADICO'S FSLW-100-20 Gray are equal to or within reasonable tolerance and range of the solar properties of the Ford Motor Company's "Privacy Glass" under DOT-75 FM-M-73.

Accordingly, it is requested that MADICO'S FSLW-100-20 Gray, solar protective film be assigned or designated as acceptable under DOT-75 FM-M73, as an alternate to "Privacy Glass" for installation on existing clear glass of vehicles under the same provisions.

If it is not possible for FSLW-100-20 Gray, solar protective film to be included under DOT-75 FM-M73, it is requested that a DOT CODE NUMBER be issued for FSLW-100-20 Gray.

Thank you for your cooperation, and we look forward to an an early reply.

Cordially, Mark T. Lerche President

[PRODUCT SPECIFICATION SHEET OMITTED]