Interpretation ID: nht88-2.45

TYPE: INTERPRETATION-NHTSA

DATE: 06/08/88

FROM: LACY H. THORNBURG -- ATTORNEY GENERAL; MABEL Y. BULLOCK -- ASSISTANT ATTORNEY GENERAL NORTH CAROLINA

TO: SUSAN SCHRUTH -- NATIONAL HIGHWAY AND TRAFFIC SAFETY ADMINISTRATION SAFETY ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION

TITLE: WINDOW TINTING; FEDERAL PRE-EMPTION OF STATE REGULATIONS

ATTACHMT: ATTACHED TO LETTER DATED 04/13/89 FROM ERIKA Z. JONES -- NHTSA TO MABEL Y. BULLOCK, REDBOOK A33, STANDARD 215, VSA 103 (D), VSA SECTION 108 (A)(2)(A); LETTER DATED 12/18/87 FROM LACY H. THORNBURG AND MABEL Y. BULLOCK, SUBJECT MOTOR VEHICLES, RE GULATIONS OF DARK SHADED WINDOWS; PREEMPTION; LETTER DATED 05/06/88 FROM DAIRL BRAGG TO WILLIAM S. HIATT; LETTER DATED 10/28/82 FROM FRANK BERNDT -- NHTSA TO LAWRENCE T. HIROHATA, N0A-30; LETTER DATED 04/04/85 FROM JEFFREY R. MILLER TO ARMOND CARDARELLI; REGULATIONS DATED 07/01/85 EST, FEDERAL AUTO SAFETY LAWS AND MOTOR VEHICLE WINDOW TINTING

TEXT: Dear Susan:

It has taken a little longer than I anticipated to get this letter to you. I appreciate your taking the time to talk with me on the several occasions that I have called to discuss window tinting with you.

I have enclosed a copy of North Carolina's statute regulating window tinting and a copy of the regulations filed pursuant to the statute. I have also enclosed an Attorney General opinion interpreting the statute, recent correspondence from Mr. Daryll Bragg and past correspondence from various NHTSA representatives.

My position is that because our statute regulates both owner-operator of motor vehicles with window tinting and manufacturers of such window tinting material, it would be pre-empted by federal regulation if it allows a light transmittance requirement other than 70%.

North Carolina General Statute 20-127(f) regulates what type of tinted film the manufacturer is allowed to make available for installation on a motor vehicle in North Carolina. It seems that the wording in 15 USC @ 1391(4) and 15 USC @ 1397 (a)(2)(A) would preempt our state statute if less than 70% light transmittance in window tinting material was permitted -- based on the regulation of the manufacturer, not the operation of the motor vehicle.

Please let me know your interpretation of this matter. As I interpret past correspondence from NHTSA, it is your agency's position that the federal regulations do cover after-market tinting on used motor vehicles. If you would like to discuss this m atter further by telephone, please call be at (919) 733-3254. Your assistance in this matter would be greatly appreciated.

(North Carolina statute omitted.) Sincerely,

ENCLOSURES