LEGISLATIVE ALERT

To:  Mississippi Manufacturers, Distributors, and Installers

From:  IWFA Office

Date:   May 5, 2006

Subject:  Reporting Implementation Issues for House Bill 1215

A number of Legislative Alerts have been sent to members in Mississippi           during the last several months to advise of the legislative activity which     culminated in the passage of House Bill 1215, a major long-term achieve-       ment for the industry in Mississippi.  This legislation represents a proactive              approach to addressing window film legislation and has been a direct               result of members, IWFA, legislators, customers, a lobbyist, and the law enforcement community working together to achieve a reasonable       accommodation to a major issue. 

As with any legislation it seems to take some time to achieve consistency             of application and enforcement.  This is especially the case in Mississippi              as the inspection stations must understand the new law and the require-           ments that are stipulated in the provisions of the legislation.  The following represents the summary of the most critical elements of House Bill 1215,        which has been sent to the Highway Patrol officials for their use.

ENFORCEMENT AND INSPECTION REQUIREMENTS for                 House Bill 1215

House Bill 1215 establishes new and clarification language relative to the           legal standards for the installation and inspection of after-market window        tinting materials. The statutory requirements were effective immediately        upon signing by the Governor!  The major changes to the current law            relates to the following areas: 

1)  Clarification of the front windshield sun shield, which is commonly          referred to as the AS1 Line.  The language of the law is found in Section            63-7-59 (1) and states that no tinting material of any kind can be placed              on the front windshield except material designed to replace or provide a     sun shield in the uppermost area as authorized to be installed by manufacturers            of vehicles under federal law.  This allows for film to be installed only on             the top six inches of the windshield. 

2)  The visible light transmittance has been modified to allow 28 percent              as measured by meters.  This is a change from the previous requirement                of 35 percent.  The meters used for inspection function with a 3 percent          tolerance which should be considered by inspection stations when               metering for inspections to ensure legal film (28 percent) is not rejected.

3)  Testing for reflectivity is no longer mandated for inspection stations.              The law still prohibits film with “a mirrored effect” which has been           determined to remain as a reflectivity standard of 20 percent.  Reflectivity          will no longer be an inspection criteria but any reflectivity of over 20             percent will be deemed to be illegal.

4)  One of the most important changes relates to the addition of the     multipurpose-passenger vehicle exemption for the side windows, including          the rear window of any pickup truck, van, motor home, recreational             vehicle, sport utility or multipurpose vehicle that has been tinted or            darkened after factory delivery.  This change in law allows film to be              placed on the identified vehicles in accordance with federal guidelines that      provide the same standards for factory tint and after-market products.         Federal regulations state that any windows behind the driver on multi-         purpose passenger vehicles are exempt from light transmission standards.

5)  Exemptions were provided for enforcement vehicles.

It is now imperative for all manufacturers, distributors, and installers to        provide specific input to IWFA relative to the issues that are still being encountered.  We have received some reports of the new law being        improperly enforced, but we need documentation to accurately address                 all of the problems.

The intent of the legislation was to allow the rear windows of MPVs to       conform with federal standards that allow anything on the rear side and             rear window.  The industry requested a 28% VLT standard for all other    windows.  This is the level of light transmission to which all members              should conform any tinting. The issue of light meter variance is still being  discussed, but there was agreement during the legislative process that a     variance, as noted by the manufacturer in the meter documentation, would           be necessary to protect the installer and customer from inaccurate meter    readings.

Additional issues that have been identified relate to measuring the window        when it is dirty with pollen or dust.  This will impact the reading as will the    location of the meter when the measurement is conducted due to the           s         specific location selected by the inspection station.  A minimum of three            tests should be conducted on a clean surface to make sure of the             accuracy. 

A form is available which will allow our installers to provide specific input              to the IWFA regarding any issues being encountered.  This information              will be stratified by location, type of problem, and any other relevant     information.  The data received will be shared with the Highway Patrol,        and we can start addressing generic as well as regional issues.  Your continued    support is critical as it is everyone’s desire to implement the new law c      onsistently and accurately across the state. 

 Click here for the form.