LEGISLATIVE ALERT

To:  Nebraska Manufacturers, Distributors and Installers

From:  IWFA Office

Date:  April 27, 2006

Subject:  Change in Application of Window Film Law

Nebraska is now interpreting their statutory requirements as a net law for        after-market film, and not a film law.  This is an important change, and the      industry is advised to make adjustments to all installations immediately.

The history of this issue goes back to our review and understanding of the        statutory language of Section 60-6,257 of the Nebraska law.  The              language adopted in the 1980s is somewhat confusing, but seems to              clearly indicate that the 35 percent standard was for the “sunscreening        material” which would result in classifying this as a film law. Conversations         with members in 1994 resulted in discussions with Nebraska officials and               a review of the Attorney General’s 1991 published opinion indicating this           was indeed a film law. 

The IWFA was recently advised that a summons had been issued to one         of its members. During the dealer’s discussions with officials, he was told               that the law was a net law and that the total allowable visible light          transmission would not be less that 35 percent.  This resulted in additional      conversations with the Department of Highway Safety and legal      representatives. 

It was determined that the original intent of the law had been for the 35        percent to be a net law that included the factory tint and any after-market   products added to the vehicle. Additional conversations have been held            with the legal representative for Highway Safety who had worked on the       original legislation. She confirmed that the original intent was for this to be             a net law and referenced another code section that indicates any material      applied to a vehicle could not exceed the standards on Section 60-6,257,        which is identified as 35 percent. 

A grant recently offered to local and state police allowed for a large             number of tint meters to be acquired by the law enforcement agencies.              The intent of the law and increased use of meters by law enforcement is                to address the number of instances of low light transmission consumer-         applied window film.  However, with local enforcement also receiving             meters, it is apparent that the new interpretation of the law will potentially        impact all members.  The use of 35 percent film will now be deemed to                be illegal when combined to factory tint.

Our industry legislative consultant has held positive discussions with              officials to identify the need for a tolerance in using the meters. Officials         agreed to consider adding a 3 percent tolerance.  This is an important     agreement, as without some variance, even a net 35 percent could be          found to be illegal due to normal variances in testing methodology or individual            meter characteristics.

The IWFA, with the assistance of the industry’s legislative consultant, will    continue to address this issue and explore alternatives to this newest     interpretation of the law.  We will keep you informed as any progress or         changes are made  

It is recommended, however, that in the meantime all members should   immediately conform to the following guidelines, which have recently been     placed on the Highway Safety website:                       www.dmv.state.ne.us/highwaysafety.

Nebraska -  Sunscreening and Tinting; Vehicle Window Restrictions           (60-6,257 to 60-6,261)

It shall be unlawful for any person to operate any vehicle registered in this          state in violation of the screening and tinting laws.

These restrictions are for sunscreening or tinting that limits light              transmission or luminous reflectance more than:

 •      The front side windows to luminous reflectance of more than 35%               or has light transmission of less than 35%.

•      The rear or back windows to a luminous reflectance of more than             35% or has light transmission of less than 20%.

(Luminous reflectance shall mean the ratio of the amount of total light,           using percentages, which is reflected outward by the sunscreening                material to the amount of total light falling on the window.)

(Light transmission shall mean the ratio of the amount of total light,               using percentages, which is allowed to pass through the sunscreening          material to the amount of total light falling on the window.)

•     These sunscreening requirements also apply to campers, motor             homes, pickup covers, and slide-in campers.

•      The windshield cannot have any sunscreening material which is not            clear and transparent below the AS-1 line.

•      The windshield cannot have any sunscreening material which is red,       yellow, or amber above the AS-1 line.

(The AS-1 line is a parallel line five inches from the top of the windshield.)

Persons in violation of this law shall be charged with a Class V                     misdemeanor and fined up to $100. Any person who applies a            sunscreening material or a glass-plastic glazing material in a manner                 which results in a motor vehicle having a window that violates the          requirements shall be charged with a Class III misdemeanor which                  carries a possible maximum penalty of a $500 fine and/or 90 days                         in jail.