Interpretation ID: nht76-4.39
DATE: 11/10/76
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Solar Control Products
TITLE: FMVSS INTERPRETATION
TEXT: This is in response to your September 22, 1976, letter regarding the use of "Solar Control Reflective Films" in motor vehicles. You asked several questions concerning the applicability of Federal requirements to the manufacture and sale of your "Scotchtint" protective film.
I am enclosing a copy of a letter to Mr. Mark T. Lerche from this agency that discussed the applicability of Federal requirements to his company's "Madico" solar protective film. The discussion in that letter is equally applicable to "Scotchtint" protective film and should answer your questions. The main point to be noted is that these protective films that are attached to glass are not "glazing" themselves and, therefore, the requirements of Federal Safety Standard No. 205 are not applicable to the manufacture of the film. It is the responsibility of the manufacturer, dealer, or vehicle repair business that applies the film to ensure that glazing remains in compliance with the standard. Of course, if your company applies the film to any glazing you would fall in this same category.
It is laudable that your company is interested in ensuring that its film is not used in a manner that would be detrimental to the safety of the motoring public. Although it is not your responsibility to do so, a safety warning to your consumers that "Scotchtint" should not be placed on vehicle glazing in "areas requisite for driving visibility," would be helpful.
We appreciate your interest in motor vehicle safety.
SINCERELY,
Industrial Tape Division
September 22, 1976
Frank Berndt Acting Chief Council National Highway Traffic Safety Administration
Subject: Usage of Solar Control Reflective Films in Vehicles
Our organization is presently manufacturing sun control films under the brand name "SCOTCHTINT".
When originally invented and taken to the marketplace the products were designed and intended for application to existing window glass for the purpose of reducing the transmission of heat, glare and ultraviolet light.
Following the introduction of the original product concept, additional product variations have been developed in response to specific customer/market demand with the result that today there is a family of products marketed.
An assortment of technical and promotional literature on our products is enclosed for your reference.
In the marketing of our products we have taken the position that the application of "SCOTCHTINT" Brand Films to automobiles is not recommended and our dealer applicator training and consumer do-it-yourself literature stipulate this fact. However, the demand for a sun control film has been increasing, particularly for recreational vehicles. We are also aware that other manufacturers of reflective films are implementing aggressive programs to sell their products in the automotive/recreational van market areas. All of this activity causes us to re-evaluate our own position.
We have been soliciting information and assistance from various sources and take this opportunity to review with you our understanding and ask for your verification and/or clarification:
1) It is our understanding that if we actively promote the sale of sun control films to vehicle manufacturers, then we must determine whether the products being offered are in compliance with Section 108 of the National Traffic and Motor Vehicle Safety Act of 1966. This would apply to visible light transmittance, abrasion resistance, etc.
2) If the products are marketed to automotive refinish shops, the same conditions would apply as to selling to the automotive manufacturers in that an automotive refinish shop may only use products that are in compliance with the act cited above.
3) Insofar as the after-market is concerned, i.e. selling directly to the consumer for self-application, the above act does not apply.
To elaborate on points 1 and 2 we further understand that compliance must be determined by the manufacturer and should compliance be challenged or questioned by the Office of Standard Enforcement, then they would have the product evaluated by an independent agency or laboratory. Should it be found that the manufacturer is not in compliance they would be cited accordingly and appropriate fines would be levied.
Should we promote the sale of reflective films for the after-market, we should do so with the stipulation that the film should not be applied to the windshield or front side windows of any vehicle, be it automobile or recreational van. However, application is permissible, and legal under Federal law, on rear side windows and on the rear window so long as the vehicle has an outside rear view mirror.
We visualize a fairly good sales potential in recreational vehicles, such as trailers and self-contained units, if we restrict application to rear side windows and rear windows. We know that a need exists for our product and that our products will make a contribution not only in passenger comfort, but also in the area of energy conservation, i.e. air conditioning equipment will function more efficiently and reduce fuel consumption.
We want to approach this market in an ethical manner, and therefore, respectfully request your guidance.
Your prompt response to this letter and your cooperation will be sincerely appreciated.
M. P. McNiff, Global Market Planning Manager Solar Control Products
dc: D. ALLEN G. A. BERGER; J. R. BERG; T. J. SCHEUERMAN