Alerts
LEGISLATIVE ALERT
From: Lynwood Butner,
Legislative Consultant
Date: June 27, 2005
Subject: Mississippi
Legislation (House Bill 734)
House Bill
734 will take effect on July 1, 2005. The effects of House
Bill 734 were outlined in
previous legislative alerts and are re-listed here:
1. As of July
1, 2005, every vehicle with tinted windows must be tested at a
certified inspection station and obtain a label from the inspection
station that states that the aftermarket window film is in
compliance with Mississippi law. The vehicle owner is responsible
for locating an inspection station participating in the window tint
inspection program in order to obtain this certification (not all
stations are
participating). As of July 1, 2006, the Mississippi Highway Patrol
will begin
enforcing the absence of the certification sticker with heavy fines
for non-
compliance.
2. Medical
exemptions are continued but only those granted by licensed
physicians
and not for optometrists, which make up a significant portion of
medical problems
associated with the need for additional protection.
3. The new
legislation requires the Department of Public Safety to issue labels
to
the official motor vehicle inspection stations for affixing to every
window on a
motor vehicle.
4. The
inspection stations are required to determine that the window
complies
with the luminous reflectance and light transmittance requirements
and there
were no provisions provided in the statutory language for any
tolerance (currently
a 35 percent net law for front side, back side and rear windows).
5. There
will be a test charge of $ 5.00 per vehicle. The fee will be divided
between
the $2.00 to the inspection station and $3.00 to the Department of
Public Safety,
$2.00 of this being transferred to the General Fund.
6. There is still a statutory requirement for the Department of
Public Safety to
conduct a public awareness campaign that has not previously been
implemented.
The
Legislative Consultant has been in communication with the Highway
Patrol in Jackson and has
accumulated information that will be helpful in interpreting the
new law. The Highway Patrol has been extremely helpful in working
with the
Legislative Consultant and members regarding the new legislation.
1.
Participation for inspection stations is optional; therefore, the
inspection
stations in your locality may not be participants in the new
inspection protocol.
You should contact the inspection stations near your shop to
determine if they will
be inspecting the film you have installed.
2. The
tolerance issue is still being discussed with Mississippi officials
and every
effort will be made to address this important element of any
enforcement/inspection
activity in a positive manner. If you have a problem with an
inspection station or
law enforcement official, offer to have that person come into your
shop to compare
meter readings and suggest meter calibrations.
3. Refer
all complaints to your customer’s legislator. IWFA will provide you
with information on how to direct your customers to their
legislators. Informing your
legislators of the complications created by this law is the most
effective means to achieving
improved legislation next year.
4. Keep
track of all problems making a list of the names of customers and
the
specific complaints they have will assist the IWFA in preparing for
any oppor-
tunities to enhance the regulations to include the 2006 legislative
session.
5. The new
law requiring the measurement of light reflectance does not specify
a uniform
testing method. Using the available technology, reflectance
measurements
can vary by 25-30% depending upon which side of the window the
measurement is
taken. Training will be provided to each inspection station
participating in the
program.
Implementation of this legislation will present a number of
important issues for the enforcement community, inspection stations,
customers, installers, and distributors.
It is critical that the window film community work with
enforcement officials and the
legislative leadership in addressing problem areas in a timely and
effective manner.
The IWFA
supports the 35% light transmittance requirement as well as the 20%
reflectance standard and continues to encourage all members to
conform to these statutory
provisions. There are issues related to the implementation of the
reflectivity standard, the number and location of participating
inspection stations,
and the cost associated with the after-market installation of window
film which has
been proven to be safe, energy efficient, and medically necessary
for many citizens
in Mississippi
We must
work together and make every effort to support the enforcement
community and our customers in this important effort.
