Model Law
Suggested Model Legislation for
Automotive Window Tinting
Model legislation that is
applicable to each and every jurisdiction is not possible
because most jurisdictions amend existing safety or glazing
statutes to restrict window film. Generally, the law that sets
the standard for window film also specifies the restriction
for signs, decals, and stickers.
Introduction & Issues
Federal Motor Vehicle Safety
Standard 205 specifies the amount of tinting that is allowed
in the new motor vehicles prior to the sale of the vehicle.
Following the sale of the new vehicle, window tinting is
regulated by the individual states.
Federal Standard 205 is silent
with respect to the windows to the rear of the driver and the
front seat passengers on multi-purpose vehicles; therefore,
the purchaser of a new vehicle may specify unlimited tinting
on the vehicles. Individual jurisdictions usually also allow
unlimited tinting on the rear of multi-purpose vehicles
provided the vehicle is equipped with outside mirrors.
Most (90%) of windows in new
motor vehicles have some tinting. Once after market window
film is applied, it is almost impossible and certainly not
practical to measure the light transmittance of the glass and
the film separately. Accordingly, it is strongly recommended
that legislation specify the minimum total light transmittance
of the factory glass and the after market film.
Legislation should be written
to allow practical enforcement. It should be a violation to
operate a vehicle in violation of the statute and also to
install film that reduces the light transmittance to a level
not in compliance with the law.
Portable, hand-held light meters are now available that
are simple to operate, reasonably inexpensive and accurate
within plus or minus 2% points. When laws are not enforced,
dark film causes concern by law enforcement and encourages
further abuse of the law. The window film industry strongly
supports enforcement and will loan light meters to law
enforcement for training and demonstration.
Generally, convictions will be
obtained with a 5% net light transmission tolerance, the
practical limit of measurement with this issue. Variance
levels in light meters and film manufacturers will not allow a
tougher standard. Most important is that the 5% tolerance is
not discernible by the human eye or of any safety consequence.
Some jurisdictions attempt to
regulate film by requiring the installer to place a decal or
sticker between the film and the glass that certifies
compliance and identifies the installer by name and address.
This method has had limited success because of fraudulent
stickers and film that is applied by non-professionals.
State law regulations, in
recent years, specify the minimum visible light transmission
required by motor vehicle windows. Light meters are required
to measure the light transmission.
Generally, the legislation will
delegate by statutes to the appropriate oversight agency the
responsibility of establishing technical criteria and
performance standards the manufacturers must incorporate in
the meter.
The state oversight agency will
also adopt uniform operating instructions.
The International Window Film
Association will provide recommended technical data, criteria,
and testing standards for light meters. The Association will
also recommend operating guidelines and instruction for usage
of the meter upon request.
Summary
The public installs film for
various reasons, the dominant ones being comfort, health, and
safety. Some
prefer it for aesthetics. Window film, like many other
products, is available in varying degrees of effectiveness.
High performance films are available from almost all
manufacturers, which reject 45-55% of the heat and 95-99% of
the ultra-violet rays. The right of the public to use film
should not be ignored.
Understanding the issues,
getting the facts, and looking for compromise, while
maintaining and displaying respect for the positions of each
party, are keys to good legislation that is acceptable to law
enforcement, the public, and the industry.
Definitions
As used in
this section:
Tinting
film means any material or substance that is designed to
be used in conjunction with motor vehicle safety
glazing materials for reducing the effects of the sun.
Reflectance
means the ratio of the amount of total light that is reflected
outward by the product or material to the amount of total
light falling on the product or material.
Non-reflective
means a product or material designed to absorb light rather
than to reflect it, not to exceed 20% luminous reflectance.
Passenger
car means a motor vehicle with motive power, except a
multipurpose passenger vehicle, motorcycle, or trailer,
designed for carrying ten people or less.
Multipurpose
passenger vehicle means a motor vehicle with motive power,
except a trailer, designed to carry ten people or less that is
constructed either on a truck chassis or with special features
for occasional off-road operation.
Truck
means a motor vehicle with motive power, except a trailer,
designed primarily for the transportation of property or
special purpose equipment.
Bus
means a motor vehicle with motive power, except a trailer,
designed for carrying more than ten people.
Dealer
means any person or business engaged in the distribution or
installation of sun screening products or materials designed
to be used in conjunction with vehicle glazing materials for
the purpose of reducing the effects of the sun.
Light
meter means a high precision instrument designed to measure
the percentage of light transmission through a
semi-transparent glass such as a tinted automobile window.
Manufacturers usually guarantee accuracy within +/- two
percentage points; however, caution must be exercised.
Model
Legislation
__________________
(Jurisdiction) Acts of the Assembly
Chapter _______________.
An Act to amend and reenact
__________ (Code #) of the
Code of _______________ relating to sun-shading and
tinting films on motor
vehicles. Be it enacted by the
General Assembly of
_______________ (Jurisdiction),
that _______________ of
the Code of
_________________
(Jurisdiction) is amended and
reenacted (or enacted) as
follows.
1.
Except as otherwise provided in this article or
permitted by federal law, it shall be unlawful for any person
to operate a motor vehicle that is registered or required to
be registered in this State on any public highway, road, or
street that has a tinting film on the windshield, the side
windows adjacent to the right and left of the driver, the side
windows to the rear of the driver, or rear windows that do not
meet requirements of this section.
2.
Tinting film when used in conjunction with the
windshield or any other glazing throughout the vehicle must be
a non-reflective type and may not be red, yellow, or amber in
color. Tinting film may not be used on the windshield except
along the top of the windshield and may not extend downward
beyond the AS1 line or more than five inches from the top of
he windshield, whichever is closer to the top of the
windshield.
3.
Tinting film, when used in conjunction with the safety
glazing materials of the front side windows located at the
immediate left and right of the driver, must have total light
transmissions through both the window film and the glazing of
not less than ______ percent.
4.
Window film, when used in conjunction with the safety
glazing materials of the side windows behind the driver and
the rearmost window, must have a total light transmission
through both the film and glazing of not less than _____
percent.
5.
No tinting film may be applied or affixed to any window
of a motor vehicle that has reflectance of light exceeding
twenty percent (20%).
6.
If any tinting film is added to any windows behind the
operator, one left and one right outside rear view mirror
shall be required
7.
The requirements of this section shall not apply to
windows behind the driver of trucks, buses, recreational
vehicles, vans, and multipurpose passenger vehicles.
8.
No person or firm may apply or affix to the windows of
any motor vehicle in this state tinting film that is not in
compliance with requirements of this section. Additionally,
the dealer shall affix a sticker between the film and the
glass in the lower back corner of each glass that is visible
from the outside of the vehicle, no larger than one (1) inch
by two (2) inches which certifies compliance and identifies
the installer by name and address.
Not withstanding the foregoing
provisions, a motor vehicle operated by or regularly used to
transport any person with a medical condition which renders
them susceptible to harm or injury from exposure to
sunlight or bright artificial light may be equipped, on all
the windows except the windshield, with tinting films that
reduce the transmissions of light in to the vehicle to levels
not less than twenty-five percent. Such tinting film may be
applied to the windshield of a motor vehicle provided the
total light transmittance is not reduced to any level less
than seventy percent, except for the upper five inches of such
windshield or the AS-1 line, whichever is closer to the top of
the windshield. Vehicles equipped with tinting films shall not
be operated on any highway unless, while being so operated,
the driver or an occupant of the vehicle has in his possession
a certificate issued by the ______________________________.
(Official
responsible)
The
_____________________________ (Official responsible)
shall issue such certificate only upon receipt of signed
statement from a licensed physician or licensed optometrist (i)
identifying with reasonable specificity the person seeking the
certificate and (ii) stating that, in the physician’s or
optometrist’s professional opinion, the equipping of vehicle
with tinting film is necessary to safeguard the health of the
person seeking the certificate. Certificates issued by the
_______________________ (Official responsible) under this
section shall
be valid so long as the condition requiring the use of the
tinting films persists or until the vehicle is sold, whichever
first occurs. In the discretion of the _________________
(Official responsible), one or more certificates may be issued
to an individual or family.
Enforcement
and regulatory (inspection) officials shall allow a tolerance
of five percent when considering enforcement of punitive
action.
“The
State Department _________________________ shall determine the
proper standards for equipment or devices used to measure
light transmittance through the windows of motor vehicles as
required by Section ________________________.”
Any
persons or business violating the provisions of this section
is guilty of a misdemeanor and, upon conviction, may be fines.
The
provisions of this section apply to all vehicles manufactured
after the effective date of this act.
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