Interpretation ID: nht81-3.17

DATE: 09/08/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Paul Hingtgen

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent inquiry to Joseph F. Zemaitis Motor Vehicle Program Director, Region IX, regarding the applicability of Safety Standard No. 205, Glazing Materials, to auxiliary wind deflectors. You state that this office informed you last October that your auxiliary wind deflector must comply with Standard No. 205. However, G. & C. Mills Plastics, Inc., the manufacturer of the "Weathershield," has shown you correspondence from NHTSA and the Department of Commerce implying that the Federal motor vehicle safety standards do not apply to auxiliary wind deflectors. You consider this disparate treatment to be unfair, and you ask for an explanation.

Our position on the applicability of the Federal motor vehicle safety standards to your auxiliary wind deflector was stated in our October 8, 1980, letter (copy enclosed) and it remains unchanged. In that letter, we stated that on the basis of the information you provided in your letter of August 13, 1980, we find your wind deflector to be subject to Standard No. 205. This is because paragraphs S1 and S3 of Standard No. 205 provide that the regulation applies to all glazing materials used in motor vehicles and motor vehicle equipment. Section 102(4) of the National Traffic and Motor Vehicle Safety Act, as amended in 1974 (the Act), defines "motor vehicle equipment" to include any "accessory or addition to the motor vehicle." Since an auxiliary wind deflector is an accessory to the motor vehicle, it is an item of motor vehicle equipment, and the glazing used in the deflector must comply with the requirements of Standard No. 205.

Mr. Zemaitis is presently in the process of obtaining from G. & C. Mills Plastics, Inc. some additional information about the nature and use of the "Weathershield." If the "Weathershield" is in fact an auxiliary wind deflector, then the glazing materials it contains must comply with Standard No. 205. The responsibilities and liabilities imposed by the Act on you as a manufacturer of motor vehicle equipment to which a safety standard applies (as discussed in our October 8, 1980, letter) would be equally applicable to G. & C. Mills Plastics, Inc.

The information that was provided to Mr. L. J. A. Mills by NHTSA and the Department of Commerce in 1979 is misleading. The July 13, 1979, letter from this agency states that "[the] NHTSA safety regulations apply to new vehicles -- they do not apply to aftermarket applications where the driver installs various devices on his car." The letter also states that "the law does not allow a dealer or manufacturer to install devices which adversely affect the original safety standards established by the NHTSA." These statements imply that the Federal motor vehicle safety standards do not apply to accessory equipment such as auxiliary wind deflectors which are designed to be installed on the vehicle by the vehicle owner, and that manufacturers of such equipment are not required to comply with any applicable regulations. This is not the case. It is true that an individual person can modify his or her own vehicle or equipment in any fashion without violating the Act. But this does not mean that the safety standards do not apply to equipment that is designed to be installed on the vehicle by the vehicle owner, or that the manufacturers or sellers of such equipment do not have to comply with applicable regulations. Section 108(a)(1)(A) of the Act prohibits any person from manufacturing for sale or selling any item of motor vehicle equipment that does not comply with all applicable safety standards in effect on the date of manufacture. The ability of an individual to install a noncomplying device on his vehicle without penalty is irrelevant to the obligation of the manufacturer or seller of that device to ensure that the device complies with all applicable safety standards. Thus, while an individual can install an auxiliary wind deflector that does not comply with Standard No. 205 on his own vehicle, you violate the Act if you manufacture or sell such a device.

The Department of Commerce states in its letter of August 8, 1979, that "the Department of Transportation does not have to approve your accessory item unless it involves the safe operation of an automobile, such as brakes, lights, etc." This statement implies that the Department of Transportation "approves" those items of motor vehicle equipment that are "safety-related." This is not true. NHTSA is empowered under the Act to establish Federal motor vehicle safety standards regarding motor vehicles and motor vehicle equipment. All motor vehicles and items of motor vehicle equipment must comply with all applicable Federal safety standards in effect on the date of manufacture. NHTSA does not grant approval of vehicles or equipment prior to their sale. Rather, the Act provides that it is the manufacturer's responsibility to determine whether its vehicles or equipment are in compliance with all applicable safety standards and to certify its vehicles or equipment in accordance with that determination. The certification requirements for a manufacturer of auxiliary wind deflectors are discussed on page 2 of our letter of October 8, 1980. A manufacturer or seller of a vehicle or item of motor vehicle equipment that does not comply with all applicable Federal safety standards in effect on the date of its manufacture or that does not properly certify its products violates Section 108(a)(1)(A) of the Act. This is discussed on page 2 of our October 8, 1980, letter. The Department of Commerce is not empowered or authorized to make statements or issue interpretations regarding the authority or regulations of the Department of Transportation or NHTSA. Therefore, the August 8, 1979, letter from Commerce may not be relied upon.

We intend to contact G. & C. Mills, Inc. and inform them that the "Weathershield" must comply with Standard No. 205 if it is an auxiliary wind deflector. We hope this letter satisfies your concerns. Please contact Ms. Joan Griffin of my staff (202-426-9511) if you have further questions.

ENC.