Interpretation ID: nht79-1.8

DATE: 12/05/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: R. Birch

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-3O

Mr. R. Birch Chief Constable P.O. Box 4 Leek Wootton Warwick, England CV35 8QB

Dear Mr. Birch:

This responds to your recent letter concerning a reflective film that is being applied to the windows of some vehicles in the United Kingdom. You ask whether regulations preventing the use of such film have been introduced in the United States.

At the current time, there are no Federal regulations that prohibit the use of reflective films such as you describe. The National Highway Traffic Safety Administration issues safety standards and regulations governing the manufacture of new motor vehicles and motor vehicle equipment. We have no authority, however, to regulate the use of motor vehicles, such as an owner applying reflective film to his car. Further, we have issued interpretations stating that reflective coated polyester films do not qualify as glazing materials and, therefore, do not come within the purview of our Safety Standard No. 205. This interpretation referred only to polyester film sold by itself. Glazing materials that have coated films that were applied by the glazing manufacturer are required to comply with the standard, including the light transmittance requirements.

The agency did receive a petition for rulemaking last year from the California Highway Patrol asking that reflective glazing materials be prohibited (glazing coated with reflective substances by the glazing manufacturer). While use of the reflective coating could reduce the ability of a driver to look through the glazing of vehicles in front of him or her and she the road and vehicles ahead, we denied the petition since we lacked data indicating that there is a safety problem created by the coating. If you have or know of any data indicating a safety problem, we would very much appreciate seeing the data. From a law enforcement viewpoint, the problem posed by the reflective coating is apparently more than theoretical, since officers cannot see inside a vehicle with coated glazing to the extent they deem necessary.

Sincerely,

Frank Berndt Chief Counsel