States L-N

 View outward or inward through windshield or windows; obscuring prohibited

A. As used in this Section and regulations applicable thereto, the following terms shall have the following meanings, unless the context of use clearly indicates otherwise:

(1) "Sun screening device" means a film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.

(2) "Light transmission" means the ratio of the amount of total light to pass through the product or material, including any glazing material, to the amount of total light falling on the product or material and the glazing.

(3) "Luminous 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.

(4) "Manufacturer" means a person who engages in the manufacture or assembly of a vehicle sun screening device, or who fabricates, laminates, or tempers a safety glazing material, incorporating, during the manufacturing process, the capacity to reflect or reduce the transmission of light.

(5) "Installer" means any person or company who affixes, places, fastens, or secures any sun screening device to any windshield or window of a motor vehicle in Louisiana.

(6) "Seller" means any person or company who transfers in the contract of sale any sun screening device for windshields or windows of motor vehicles in Louisiana.

(7) "Distributor" means any person or company who markets, delivers, or distributes any sun screening device for motor vehicles in Louisiana.

B. Except as provided by R.S. 32:361.1(C), no person may operate a motor vehicle with any object or material placed on or affixed to the front windshield or to front side windows of the vehicle so as to obstruct or reduce the driver's clear view through the front windshield or front side windows, nor place on or affix to the front windshield or the front side windows of a motor vehicle, any transparent material if the material alters the color or reduces the light transmission of the windshield or front side windows.

C. The provisions of this Section do not apply to any of the following:

(1) A sun screening device when used in conjunction with automotive safety glazing materials on the front side window, with a light transmission of at least forty percent, all tolerances included, side window behind the driver with a light transmission of at least twenty-five percent, all tolerances included, and rearmost windows with a light transmission of at least twelve percent, all tolerances included. All sun screening devices shall not have a luminous reflectance of more than twenty percent.

(2) A transparent material, not red or amber in color, affixed to the topmost portion of the windshield not to extend more than five inches down from the top.

(3) An adjustable nontransparent sun visor mounted forward of the side windows and not attached to the glass.

(4) Publicly owned law enforcement vehicles other than those vehicles owned or used by the Department of Wildlife and Fisheries.

D.(1) Each manufacturer shall certify to the Department of Public Safety and Corrections, office of motor vehicles, by independent test laboratory data, that a sun screening device marketed in this state is in compliance with the luminous reflectance and transmittance requirements of this Section.

(2) Each installer shall provide a label not to exceed one and one-half square inches in size, with a means for the permanent and legible installation between the sun screening material and each glazing surface to which it is applied, which contains the installer's name and city where the business is located.

(3) The person placing the material on the glazing surface shall affix the label to the lower right corner of the driver's side window.

(4) The light transmittance requirement of this Section does not apply to windows behind the driver on trucks, busses, trailers, motor homes, multipurpose passenger vehicles, and all windows on vehicles used for law enforcement purposes and tinted in accordance with the provisions of this Section.

E. Except as provided in Subsections G and H of this Section, anyone who operates a motor vehicle registered in this state in violation of the provisions of this Section shall be fined not more than one hundred fifty dollars for a first offense, not more than two hundred fifty dollars for a second offense, and not more than three hundred fifty dollars for a third or subsequent offense.

F. Except as provided in Subsections G and H of this Section, anyone who violates the provisions of this, or any rules or regulations applicable thereto shall be fined in accordance with the provisions of R.S. 32:57.

G. Any seller, installer, manufacturer, or distributor of a sun screening device who violates the provisions of this Section shall be fined one thousand dollars for a first offense, two thousand dollars for a second offense, and shall be prohibited from conducting any business specified in this Section upon conviction for a third or subsequent offense.

H. The provisions of this Section shall apply to all vehicles manufactured on or after January 1, 1994, unless exempted in accordance with R.S. 32:361.1.

I. All vehicles that have windows tinted on or before December 31, 1993, in compliance with then existing provisions of law are exempt from the provisions of this Section, provided that a certificate is obtained by the owner, operator, or licensee certifying that the tinting was done prior to January 1, 1994. The office of motor vehicles shall adopt rules, regulations, and a form for proof of prior tinting in accordance with provisions of this Subsection. The certificate must be present in the vehicle at all times when being operated and presented upon demand by a law enforcement officer.

J. The provisions of this Section apply to any other vehicles not included in Subsections H and I of this Section on and after January 1, 1994.

1.  Windows to be unobscured.  A person may not operate a motor vehicle required to be registered in this State and an inspection mechanic may not issue a certificate of inspection for a motor vehicle, if:  

A. A window is composed of, covered by or treated with any material that is reflective;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

B. The front windshield is composed of, covered by or treated with a material that reduces the light transmittance through the window more than the original installation window or an original replacement window;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

C. A side window or rear window is composed of, covered by or treated with a material that allows a light transmittance of less than 35% net of glass and material; or   [PL 2007, c. 186, §1 (AMD).]

D. A front windshield, front door window or window at either end of a rear passenger seat does not contain 2-way glass that provides the occupants with a clear view of the road and a person outside the vehicle with a clear view of the occupants and the interior of the vehicle.   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

[PL 2007, c. 186, §1 (AMD).]

2.  Exceptions.  The following exceptions apply.  

A. The provisions of subsection 1 do not apply to:  

(1) A certificate or other paper required or allowed by law to be displayed;  

(2) The label attached to a window showing the price, estimated mileage and other federally mandated information commonly known as the manufacturer's suggested retail price label;  

(3) Sun-screening or window-tinting material above the AS-1 line in the top portion of the windshield or, if there is no AS-1 line in the top portion of the windshield, along a 5-inch strip at the top of the windshield. For purposes of this paragraph, "AS-1 line" means the marking that includes the letters "AS," the number "1" and an arrow that is required to be placed on certain safety glazing materials pursuant to 49 Code of Federal Regulations, Section 571.205 (2006); or  

(4) Motor vehicles for which the Chief of the State Police has granted an exception because the health of the owner or a person who usually occupies the vehicle is adversely affected by sunlight. The Chief of the State Police may, upon proper application, provide the owner of a motor vehicle with a certificate of exemption that must be displayed upon the request of a law enforcement officer.   [PL 2007, c. 186, §2 (AMD).]

B. The provisions of subsection 1, paragraphs C and D do not apply to side windows behind the operator's seat or the rear window of a motor vehicle, as long as the vehicle is equipped with 2 outside rear view mirrors, one on each side, adjusted so that the operator has a clear view of the highway behind the vehicle.   [PL 2009, c. 251, §6 (AMD).]

C. [PL 2007, c. 348, §15 (RP).]

[PL 2009, c. 251, §6 (AMD).]

2-A.  Definition. 

[PL 2009, c. 251, §7 (RP).]

3.  Light transmittance certificate.  The owner or operator of a motor vehicle with tinted windows that are not replaced in accordance with Federal Motor Vehicle Safety Standard 205 or windows covered by or treated with tinting material must acquire a light transmittance certificate and must show the certificate to the inspection mechanic at the time of inspection.  

The Chief of the State Police may authorize a person to examine window glazing and tint material to determine compliance with this subsection. A person authorized under this subsection may issue a certificate for a motor vehicle that complies with the light transmittance standards.  

Upon request, the Bureau of State Police shall provide light transmittance certificates to a person authorized to issue a certificate under this subsection. Light transmittance certificates provided by the Bureau of State Police in accordance with this subsection remain the property of the State.  

A person authorized to issue a certificate under this subsection who is adjudicated of a violation of this section or files an answer of "not contested" to a summons for a violation of this section shall return all unissued light transmittance certificates to the Bureau of State Police within 10 days of adjudication or of filing the answer. The Bureau of State Police may not provide that person with light transmittance certificates for a period of 6 months after the date of adjudication or filing an answer of "not contested."  

[PL 2007, c. 348, §16 (AMD).]

4.  Violations.  A person may not:  

A. Install a replacement window in or window-tinting material on a motor vehicle that does not meet the standards of subsections 1 and 2;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

B. Fail to issue a certificate as required by subsection 3, after installing for compensation a tinted replacement window or window-tinting material;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

C. Alter the window-tinting materials after a certificate has been issued pursuant to subsection 3 and then display the certificate as proof that the windows meet the standards of subsection 1 or 2;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

D. Display or permit to be displayed a light transmittance certificate, knowing the certificate to be fictitious or issued to another motor vehicle or issued without the motor vehicle meeting the standards of subsection 1 or 2;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

E. Knowingly cause a light transmittance certificate to be issued for a motor vehicle that does not meet the standards of subsection 1 or 2;   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

F. Operate or cause the operation of a motor vehicle that does not meet the requirements of this section; or   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

G. Fail to return all unissued light transmittance certificates to the Bureau of State Police in accordance with subsection 3.   [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

5.  Presumption.  If the operator of a motor vehicle with a tinted replacement window or window-tinting material installed fails to produce a certificate as required by subsection 3 on the request of a law enforcement officer, it is presumed that the motor vehicle does not meet the requirements of this section.  

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

6.  Penalty.  A person who is adjudicated of a violation of this section commits a traffic infraction that must be punished by a forfeiture of not less than $100.  

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

7.  Rules.  The Chief of the State Police may adopt rules to implement and administer this section and to collect reasonable fees for that administration.  

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

(a) "Safety glass" defined. -- "Safety glass" means:

(1) Any glass product that is so made or treated as substantially to prevent the glass from shattering and flying when struck or broken; or

(2) Any similar or other product that the Administration approves.

(b) Prerequisite to operation of vehicles. -- A person may not drive on any highway in this State any motor vehicle manufactured or assembled after June 1, 1937, and registered in this State, unless the vehicle is equipped with safety glass wherever glass is used in the motor vehicle in doors, windows, windshields, and wings.

(c) Prerequisite to sale of vehicles. -- A person may not sell any motor vehicle manufactured or assembled after June 1, 1937, registered or intended to be registered in this State and driven or intended to be driven on any highway in this State, unless the vehicle is equipped with safety glass wherever glass is used in the motor vehicle in doors, windows, windshields, and wings. Each sale in violation of this provision is a separate offense.

(d) Replacement of broken glass in windshield. -- The owner of any motor vehicle may not have broken glass in the windshield of the vehicle replaced with any glass other than safety glass.

(e) Replacement of glass in doors, windows, or wings. -- The owner of any motor vehicle may not have safety glass, broken or otherwise, in doors, windows, or wings of the motor vehicle replaced with any glass other than safety glass.

(f) Installing certain glass required. -- A person may not install in the doors, windows, windshields, and wings of any motor vehicle any glass other than glass required by subsections (d) and (e) of this section.

(g) List of approved types of glass; compliance prerequisite to registration of vehicle. --

(1) The Administration shall compile, maintain, and publish a list, by name, of the types of glass approved by it as conforming to the specifications and requirements of safety glass as set forth in this section.

(2) The Administration may not register any motor vehicle that is subject to the provisions of this section unless it is equipped with an approved type of safety glass and shall suspend the registration of any motor vehicle subject to this section that the Administration finds is not so equipped until the vehicle is made to conform to the requirements of this section.

(h) Violation of section by common carrier, etc. -- In case of any violation of any provision of this section by any common carrier or person operating under a permit issued by the Public Service Commission of Maryland, the permit shall either be revoked or, in the discretion of the Commission, suspended until the provision is complied with to the satisfaction of the Commission.

(i) Window tinting. --

(1) Except as provided in paragraph (4) of this subsection, a person may not operate a vehicle registered under § 13-912, § 13-913, § 13-917, or § 13-937 of this article on a highway in this State if:

(i) In the case of a vehicle registered under § 13-912 of this article, there is affixed to any window of the vehicle any tinting materials added to the window after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%; and

(ii) In the case of a vehicle registered under § 13-913, § 13-917, or § 13-937 of this article, there is affixed to any window to the immediate right or left of the driver any window tinting materials added after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%.

(2) If a police officer observes that a vehicle is being operated in violation of paragraph (1) of this subsection, the officer may stop the driver of the vehicle and, in addition to a citation charging the driver with the offense, issue to the driver a safety equipment repair order in accordance with the provisions of § 23-105 of this article.

(3) A person may not install on a window of a vehicle any window tinting material that does not comply with the light transmittance requirements specified in paragraph (1) of this subsection.

(4)

(i) A person who must be protected from the sun for medical reasons is exempt from the provisions of paragraph (1) of this subsection if the owner has, in the vehicle at the time the vehicle is stopped by a police officer, a written certification that details the owner's medical need for tinted windows, from a physician licensed to practice medicine in the State.

(ii) This subsection does not apply to tinting materials that:

1. Are affixed in such a manner so as to be easily removed; and

2. Are being used to protect a child less than 10 years of age from the sun.

(iii) Nothing in this subsection may be construed to:

1. Allow any tinting materials to be added to the windshield of a vehicle below the AS1 line or below 5 inches from the top of the windshield; or

2. Alter or restrict the authority of the Administrator to adopt regulations regarding vehicle windows, except with respect to the light transmittance requirements specified in this section.

 (1) a sign, poster or sticker on the front windshield, the side windows immediately adjacent to the operator's seat and the front passenger seat, the side windows immediately to the rear of the operator's seat and the front passenger seat and the rear window in such a manner so as to obstruct, impede or distort the vision of the operator.

(2) nontransparent or sunscreen material, window application, reflective film or nonreflective film used in any way to cover or treat the front windshield, the side windows immediately adjacent to the right and left of the operator's seat, the side windows immediately to the rear of the operator's seat and the front passenger seat and the rear window, so as to make such windshield and said window glass areas in any way nontransparent or obscured from either the interior or exterior thereof.

This section shall not apply to:

(1) motor vehicles manufactured with windshields and window glass areas equipped in accordance with specifications of 49 Code of Federal Regulations 571.205 as authorized by 15 USC 1407.

(2) the use of draperies, louvers, or other special window treatments, except those specifically designated in this section, on the rear window, or a side window to the rear of the driver if the vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(3) federal, state and local law enforcement agencies, watch guard or patrol agencies licensed under the provisions of section twenty-five of chapter one hundred and forty-seven and college, university and hospital police agencies appointed under the provisions of section sixty-three of chapter twenty-two C utilizing K–9 teams in a motor vehicle while in the regular performance of their duties provided said motor vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(4) the use of nontransparent or sunscreen material or window application which has a total visible light reflectance of not more than thirty-five per cent or a visible light transmittance of not less than thirty-five per cent on the side windows immediately adjacent to the right and left of the operator's seat, the side windows immediately to the rear of the operator's seat and the front passenger seat or on the rear window if the vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(5) the use of any transparent material limited to the uppermost 6'' along the top of the windshield, provided such strip does not encroach upon the driver's direct forward viewing area as more particularly described and defined in applicable Federal Motor Vehicle Safety Standards.

(6) a vehicle registered in another state, territory or another country or province.

(7) the use of nontransparent or sunscreen material, window application, reflective film or nonreflective film used in any way to cover or treat the side windows immediately to the rear of the operator's seat and the front passenger seat and the rear window so as to make such window glass areas in any way nontransparent or obscured from either the interior or exterior thereof of a private passenger motor vehicle registered under the provisions of this chapter for public livery and hired for that purpose for any period of time which exclusion shall not include a taxicab.

(8) special window treatment or application determined necessary by a licensed physician, for the protection of the owner or operator of a private passenger motor vehicle who is determined to be light or photosensitive. Applications for such exemption based upon such medical reason or reasons shall be made in writing to the medical advisory board established under section eight C. All applications must be supported by a written attestation of a physician licensed to practice in this commonwealth of the necessity thereof. Upon granting of such exemption by the board, the registrar shall issue a sufficiently noticeable sticker to the applicant which shall be affixed to the side window immediately adjacent to the operator. The registrar shall keep a record of all such exemption stickers so issued.

The registrar shall, in accordance with the provisions of section thirty-one, establish rules and regulations to provide standards to measure the aforementioned percentage of reflectance and transmittance of light, and shall provide for testing of any motor vehicle glazing alleged to be in violation of this section. A statement from the registrar attesting that such glazing treated or covered with nontransparent or sunscreen material window application or reflective film is in compliance with the provisions of this section shall be prima facie evidence of such compliance in any prosecution thereof.

No person shall manufacture, sell, offer for sale or trade, equip or operate a motor vehicle in the commonwealth in violation of the provisions of this section; provided, however, that nothing in this section shall be construed to prohibit the manufacture or sale of reflective or nonreflective film in the commonwealth.

Violations of any provisions of this section shall be punishable by a fine of not more than two hundred and fifty dollars. Upon a third or subsequent conviction of a violation of the provisions of this section, the registrar shall suspend the operator's license of a person so convicted for a period not to exceed ninety days.

 (1) A person shall not operate a motor vehicle with any of the following:

(a) A sign, poster, nontransparent material, window application, reflective film, or nonreflective film upon or in the front windshield, the side windows immediately adjacent to the driver or front passenger, or the sidewings adjacent to and forward of the driver or front passenger, except that a tinted film may be used along the top edge of the windshield and the side windows or sidewings immediately adjacent to the driver or front passenger if the material does not extend more than 4 inches from the top of the windshield, or lower than the shade band, whichever is closer to the top of the windshield.

(b) A rear window or side window to the rear of the driver composed of, covered by, or treated with a material that creates a total solar reflectance of 35% or more in the visible light range, including a silver or gold reflective film.

(c) An object that obstructs the vision of the driver of the vehicle, except as authorized by law.

(2) A person shall not drive a motor vehicle if driver visibility through the rear window is obstructed, unless the vehicle is equipped with 2 rearview mirrors, 1 on each side, adjusted so that the operator has a clear view of the highway behind the vehicle.

(3) This section does not apply to any of the following:

(a) The use of draperies, louvers, or other special window treatments, except those specifically designated in this section, on the rear window, or a side window to the rear of the driver if the vehicle is equipped with 2 outside rearview mirrors, 1 on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(b) The use of a nonreflective, smoked or tinted glass, nonreflective film, perforated window screen, or other decorative window application on the rear window or a side window to the rear of the driver.

(c) The placement of a necessary certificate or sticker that does not obstruct the driver's clear view of the roadway or an intersecting roadway.

(d) A vehicle registered in another state, territory, commonwealth of the United States, or another country or province.

(e) A special window treatment or application determined necessary by a physician or optometrist, for the protection of a person who is light sensitive or photosensitive, if the owner or operator of a motor vehicle has in possession a letter signed by a physician or optometrist, indicating that the special window treatment or application is a medical necessity. However, the special window treatment or application shall not interfere with or obstruct the driver's clear vision of the highway or an intersecting highway.

(4) Except as provided in subsection (5), the windshield on each motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. A vehicle licensed as an historical vehicle is exempt from this subsection if the vehicle was not originally equipped with such a device. Each windshield wiper upon a motor vehicle shall be maintained in good working order.

(5) A truck with a gross weight over 10,000 pounds, a truck tractor, a bus, or a truck regardless of weight carrying hazardous materials on which a placard is required to be posted pursuant to 49 CFR parts 100 to 199 having a windshield shall be equipped with not less than 2 automatically operating windshield wiper blades, 1 on each side of the centerline of the windshield, for cleaning rain, snow, or other moisture from the windshield. The blades shall be in such condition as to provide clear vision for the driver, unless 1 blade is so arranged as to clean an area of the windshield extending to within 1 inch of the limit of vision through the windshield at each side. However, in driveaway-towaway operations, this subsection applies only to the operated vehicle. In addition, 1 windshield wiper blade suffices under this subsection when the driven vehicle in a driveaway-towaway operation constitutes part or all of the property being transported and has no provision for 2 blades. A truck and truck tractor, manufactured after June 30, 1953, that depends upon vacuum to operate the windshield wipers, shall be so constructed that the operation of the wipers is not materially impaired by change in the intake manifold pressure.

(6) A truck with a gross weight over 10,000 pounds, a truck tractor, a bus, or a truck regardless of weight carrying hazardous materials on which a placard is required to be posted under 49 CFR parts 100 to 199 shall not be operated on the highways at any time unless it is equipped with a hot air windshield defroster or an electrically heated windshield or other device to heat and maintain the windshield in operable condition at all times.

(7) As used in this section:

(a) "Physician" means that term as defined in section 17001 or 17501 of the public health code, 1978 PA 368, MCL 333.17001 and 333.17501.

(b) "Optometrist" means that term as defined in section 17401 of the public health code, 1978 PA 368, MCL 333.17401.

Subdivision 1.Prohibitions generally; exceptions.

(a) A person shall not drive or operate any motor vehicle with:

(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;

(2) any objects suspended between the driver and the windshield, other than:

(i) sun visors;

(ii) rearview mirrors;

(iii) driver feedback and safety monitoring equipment when mounted immediately behind, slightly above, or slightly below the rearview mirror;

(iv) global positioning systems or navigation systems when mounted or located near the bottommost portion of the windshield;

(v) electronic toll collection devices; and

(vi) an identifying device as provided in section 169.58, subdivision 5, when the device is mounted or located near the bottommost portion of the windshield; or

(3) any sign, poster, or other nontransparent material upon the front windshield, sidewings, or side or rear windows of the vehicle, other than a certificate or other paper required to be so displayed by law or authorized by the state director of the Division of Emergency Management or the commissioner of public safety.

(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.

(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.

The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

No person shall drive any motor vehicle with the windshield or front side windows covered with steam or frost to such an extent as to prevent proper vision.

A person must not drive or operate any motor vehicle required to be registered in the state of Minnesota upon any street or highway under the following conditions:

(1) when the windshield is composed of, covered by, or treated with any material which has the effect of making the windshield more reflective or in any other way reducing light transmittance through the windshield;

(2) when any window on the vehicle is composed of, covered by, or treated with any material that has a highly reflective or mirrored appearance;

(3) when any side window or rear window is composed of or treated with any material so as to obstruct or substantially reduce the driver's clear view through the window or has a light transmittance of less than 50 percent plus or minus three percent in the visible light range or a luminous reflectance of more than 20 percent plus or minus three percent; or

(4) when any material has been applied after August 1, 1985, to any motor vehicle window without an accompanying permanent marking which indicates the percent of transmittance and the percent of reflectance afforded by the material. The marking must be in a manner so as not to obscure vision and be readable when installed on the vehicle.

(a) Subdivision 4 does not apply to glazing materials that:

(1) have not been modified since the original installation, nor to original replacement windows and windshields, that were originally installed or replaced in conformity with Federal Motor Vehicle Safety Standard 205;

(2) are required to satisfy prescription or medical needs, provided:

(i) the vehicle's driver or a passenger possesses a prescription or a physician's statement of medical need;

(ii) the prescription or statement specifically states the minimum percentage that light transmittance may be reduced to satisfy the prescription or medical needs of the patient; and

(iii) the prescription or statement contains an expiration date, which must be no more than two years after the date the prescription or statement was issued; or

(3) are applied to:

(i) the rear windows of a pickup truck as defined in section 168.002, subdivision 26;

(ii) the rear windows or the side windows on either side behind the driver's seat of a van as defined in section 168.002, subdivision 40;

(iii) the side and rear windows of a vehicle used to transport human remains by a funeral establishment holding a license under section 149A.50;

(iv) the side and rear windows of a limousine as defined in section 168.002, subdivision 15; or

(v) the rear and side windows of a police vehicle.

(b) For the purposes of paragraph (a), clause (2), a driver of a vehicle may rely on a prescription or physician's statement of medical need issued to a person not present in the vehicle if:

(1) the prescription or physician's statement of medical need is issued to (i) the driver's parent, child, grandparent, grandchild, sibling, or spouse, or (ii) a person for whom the driver is a personal care attendant;

(2) the prescription or physician's statement of medical need specifies the make, model, and license plate of one or two vehicles that will have tinted windows; and

(3) the driver is in possession of the prescription or physician's statement of medical need.

§

(a) No person shall sell or offer for sale or use on any motor vehicle, windows or windshields that are composed of, covered by, or treated with material that fails to comply with the provisions of subdivision 4. No person shall apply or offer to apply, as part of a business transaction, material to motor vehicle windows or windshields that fails to comply with the provisions of subdivision 4.

(b) Violation of this subdivision is a misdemeanor.

(c) This subdivision does not apply to sale or offers for sale of a motor vehicle containing windows or windshields composed of, covered by, or treated with material that fails to comply with the provisions of subdivision 4.

(1) No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any sign or poster, or with any glazing material which causes a mirrored effect, upon the front windshield, side wings or side or rear windows of the vehicle, other than a certificate or other paper required or authorized to be so displayed by law. No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any tinted film, glazing material or darkening material of any kind on the windshield of a motor vehicle 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.

(2) From and after July 1, 2006, no person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any window tinted or darkened, by tinted film or otherwise, unless:
(a) The windshield of the vehicle has affixed to it a label as provided under subsection (6) of this section certifying that all the windows of the vehicle have a light transmittance of twenty-eight percent (28%) or more; or

(b) The owner or operator of the vehicle has a certificate of medical exemption issued under subsection (4) of this section.

(3) The prohibitions of subsection (2) of this section shall not apply to:
(a) School buses, other buses used for public transportation, any bus or van owned or leased by a nonprofit organization duly incorporated under the laws of this state or any funeral home services vehicle, any limousine owned or leased by a private or public entity, or any government-owned law enforcement or fire department vehicle or any volunteer fire department vehicle;

(b) Any window behind the front two (2) side windows, including the rear window, of any pickup truck, van, motor home, recreational vehicle, sport utility vehicle or multipurpose vehicle that has been tinted or darkened after factory delivery to the extent that the light transmittance of the window meets the minimum light transmittance requirements authorized to be installed for that window and for that vehicle under federal law or regulations before factory delivery; or

(c) Any other motor vehicle the windows of which have been tinted or darkened before factory delivery as permitted by federal law or federal regulations.

(4) Notwithstanding the provisions of subsection (2) of this section, it shall be lawful for any person who has been diagnosed by a physician licensed to practice medicine in the State of Mississippi as having a physical condition or disease that is seriously aggravated by minimum exposure to sunlight to place or have placed upon the windshield or windows of any motor vehicle which he owns or operates or within which he regularly travels as a passenger tinted film or other darkening material that would otherwise be in violation of this section. However, any vehicle, in order to be exempt under this subsection (4), shall have prominently displayed on the vehicle dashboard a certificate of medical exemption on a form prepared by the Commissioner of Public Safety and signed by the person on whose behalf the certificate is issued. The special certificate authorized by this subsection (4) shall be issued free of charge to the applicants through the offices of the tax collectors of the counties. Each applicant shall present to the issuing official:
(a) An affidavit signed personally by the applicant and signed and attested by a physician which states the applicant’s physical condition or disease which entitles him to an exemption under this subsection (4); and

(b) Proof of ownership of the motor vehicle by the applicant, or a signed affidavit by the owner of a motor vehicle operated for the use of the applicant, for which he is obtaining the certificate.

(5) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

(6) The Department of Public Safety shall issue labels to official tint inspection stations for affixing to the windshield of every motor vehicle required to be inspected in this state with a window therein which has been tinted or darkened with any tinted film or other darkening material after factory delivery. The label shall be affixed to the lower left corner of the windshield, shall be legible from outside the vehicle, and shall indicate the label registration number, a certification of compliance with Mississippi law, and such other information as the Commissioner of Public Safety deems appropriate. The labels shall be of a type which is pressure-sensitive, self-destructive upon removal, and no larger than one (1) inch square in size. Before affixing the label, the inspection station shall conduct a test to determine that the window complies with the light transmittance requirements prescribed under subsection (2) of this section. The test shall be conducted using such methods or devices as may be approved and certified not less often than annually by the Department of Public Safety. For conducting such tests, tint inspection stations shall charge and collect a fee of Five Dollars ($5.00). Two Dollars ($2.00) of the fee shall be retained by the inspection station, and Three Dollars ($3.00) of the fee shall be remitted to the Department of Public Safety and may be expended, upon legislative appropriation, for the operational expenses of the department. No fee shall be charged unless a test is actually performed under this subsection (6). The presence of a label upon the windshield of a motor vehicle shall indicate that the person who affixed the label certifies that the windows of the vehicle meet the restrictions of subsection (2) of this section as to light transmittance.

(7) No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) of this section.

(8) No label shall be issued for a vehicle on which the windshield or any window of the vehicle has been darkened by the installation of tinted film or by other means, except as authorized under this section.

(9) It shall be unlawful for any person to alter or reproduce any label or certificate of medical exemption approved by the Commissioner of Public Safety under this section for the purpose of misleading law enforcement officers or motor vehicle inspection stations, or to knowingly use any approved label or certificate except as authorized by this section.

(10) Any person violating subsection (7), (8) or (9) of this section, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more than three (3) months, or by both such fine and imprisonment.

(11) Any violation of this section other than a violation of subsection (7), (8) or (9) of this section shall be punishable upon conviction as provided in Section 63-7-7.

(12) Violations of this section shall be enforced only by law enforcement officers of the Mississippi Department of Public Safety and municipal law enforcement officers of municipalities having a population of two thousand (2,000) or more on the public roads, streets and highways under their jurisdiction.

(13) The Department of Public Safety shall initiate a public awareness program designed to inform and educate persons of the provisions of this section. Funds for such public awareness program shall be available through the office of the Governor’s representative for highway safety programs.

1. Any person may operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent or more plus or minus three percent and a luminous reflectance of thirty-five percent or less plus or minus three percent. Except as provided in subsection 5 of this section, any sun-screening device applied to front sidewing vents or windows located immediately to the left and right of the driver in excess of the requirements of this section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this subsection, may be issued by the department of public safety to a person having a serious medical condition which requires the use of a sun-screening device if the permittee's physician prescribes its use. The director of the department of public safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree by consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child, and grandchild of a person, who resides in the household. Except as provided in subsection 2 of this section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.

2. This section shall not prohibit labels, stickers, decalcomania, or informational signs on motor vehicles or the application of tinted or solar screening material to recreational vehicles as defined in section 700.010, provided that such material does not interfere with the driver's normal view of the road. This section shall not prohibit factory-installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass.

3. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

4. Any person who violates the provisions of this section is guilty of a class C misdemeanor.

5. Any vehicle licensed with a historical license plate shall be exempt from the requirements of this section.

 (1) A motor vehicle, except a motorcycle, quadricycle, motor-driven cycle, or farm tractor, must be equipped with a front windshield meeting the requirements of 61-9-408, unless the driver wears safety glasses, goggles, or face shields at all times during the operation of the motor vehicle.

(2) A person may not drive a motor vehicle with:

(a) a sign, poster, substance, or other nontransparent material upon the front windshield, side wings, or side or rear windows of the vehicle that materially obstructs, obscures, or impairs the driver's clear view of the highway or an intersecting highway; or

(b) a windshield that is shattered or in such a defective condition that it materially impairs or obstructs the driver's clear view.

(3) The windshield on a motor vehicle must be equipped with a device for clearing rain, snow, or other moisture from the windshield. The device must be maintained in good working order.

(4) A person may not operate a motor vehicle that is required to be registered in this state upon a highway if:

(a) the windshield has sunscreening material that is not clear and transparent below the AS-1 line or if it has a sunscreening material that is red, yellow, or amber in color above the AS-1 line;

(b) the front side windows have sunscreening or other transparent material that has a luminous reflectance of more than 35% or has light transmission of less than 24%;

(c) the rear window or side windows behind the front seat have sunscreening or other transparent material that has a luminous reflectance of more than 35% or has light transmission of less than 14%, except for the rear window or side windows behind the front seat on a multipurpose vehicle, van, or bus; or

(d) the windows of a camper, motor home, pickup cover, slide-in camper, or other motor vehicle do not meet the standards for safety glazing material specified by federal law in 49 CFR 571.205.

(5) As used in 61-9-428, 61-9-429, and this section, the following definitions apply:

(a) "Glass-plastic glazing material" means a laminate of one or more layers of glass and one or more layers of plastic in which a plastic surface of the glazing faces inward when the glazing is installed in a vehicle.

(b) "Light transmission" means the ratio of the amount of total light, expressed in percentages, that is allowed to pass through the sunscreening or transparent material to the amount of total light falling on the motor vehicle window.

(c) "Luminous reflectance" means the ratio of the amount of total light, expressed in percentages, that is reflected outward by the sunscreening or transparent material to the amount of total light falling on the motor vehicle window.

(d) "Multipurpose vehicle" means a motor vehicle designed to carry 10 or fewer passengers that is constructed on a truck chassis or with special features for occasional off-road use.

(e) "Pickup cover" means a camper having a roof and sides but without a floor designed to be mounted on and removable from the cargo area of a pickup truck by the user.

(f) "Slide-in camper" means a camper having a roof, floor, and sides designed to be mounted on and removable from the cargo area of a truck by the user.

(g) "Sunscreening material" means a film, material, tint, or device applied to motor vehicle windows for the purpose of reducing the effects of the sun.

(6) Except as provided in subsection (7), subsection (4) applies to all vehicles that are equipped with tinted windows, including windows with less than 100% light transmission to which additional sunscreening material has been applied.

(7) Subsection (4) does not apply to a multipurpose vehicle that is equipped with tinted windows that were installed by the manufacturer of the vehicle or to a hearse, ambulance, government vehicle, or any other vehicle to which a currently valid certificate of waiver is affixed as specified under 61-9-428. A certificate of waiver must be issued by the department for a vehicle that was registered in this state on October 1, 1991, and was equipped with a sunscreening device or other material prohibited under subsection (4) on October 1, 1991..

§ 60-6,257

(1) It shall be unlawful for a person to drive a motor vehicle required to be registered in this state upon a highway:

(a) If the windows in such motor vehicle are tinted so that the driver's clear view through the windshield or side or rear windows is reduced or the ability to see into the motor vehicle is substantially impaired;

(b) If the windshield has any sunscreening material that is not clear and transparent below the AS-1 line or if it has a sunscreening material that is red, yellow, or amber in color above the AS-1 line;

(c) If the front side windows have any sunscreening or other transparent material that has a luminous reflectance of more than thirty-five percent or has light transmission of less than thirty-five percent;

(d) If the rear window or side windows behind the front seat have sunscreening or other transparent material that has a luminous reflectance of more than thirty-five percent or has light transmission of less than twenty percent except for the rear window or side windows behind the front seat on a multipurpose vehicle, van, or bus; or

(e) If the windows of a camper, motor home, pickup cover, slide-in camper, or other motor vehicle do not meet the standards for safety glazing material specified by federal law in 49 C.F.R. 571.205.

(2) For purposes of this section and sections 60-6,258 and 60-6,259:

(a) AS-1 line shall mean a line extending from the letters AS-1, found on most motor vehicle windshields, running parallel to the top of the windshield or shall mean a line five inches below and parallel to the top of the windshield, whichever is closer to the top of the windshield;

(b) Camper shall mean a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle with motive power for the purpose of providing shelter for persons;

(c) Glass-plastic glazing material shall mean a laminate of one or more layers of glass and one or more layers of plastic in which a plastic surface of the glazing faces inward when the glazing is installed in a vehicle;

(d) Light transmission shall mean the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the sunscreening or transparent material to the amount of total light falling on the motor vehicle window;

(e) Luminous reflectance shall mean the ratio of the amount of total light, expressed in percentages, which is reflected outward by the sunscreening or transparent material to the amount of total light falling on the motor vehicle window;

(f) Motor home shall mean a multipurpose passenger vehicle that provides living accommodations;

(g) Multipurpose vehicle shall mean a motor vehicle designed to carry ten or fewer passengers that is constructed on a truck chassis or with special features for occasional off-road use;

(h) Pickup cover shall mean a camper having a roof and sides but without a floor designated to be mounted on and removable from the cargo area of a truck by the user;

(i) Slide-in camper shall mean a camper having a roof, floor, and sides designed to be mounted on and removable from the cargo area of a truck by the user; and

(j) Sunscreening material shall mean a film, material, tint, or device applied to motor vehicle windows for the purpose of reducing the effects of the sun.

§ 60-6,258

Windshield and windows; violations; penalty.

Any person owning or operating a motor vehicle in violation of section 60-6,257 shall be guilty of a Class V misdemeanor.

§ 60-6,259

Windshield and windows; applicator; prohibited acts; penalty.

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 which violates the requirements prescribed in subsection (1) of section 60-6,257 shall be guilty of a Class III misdemeanor.

§ 60-6,260

Windshield and windows; waiver of standards; conditions.

The Nebraska State Patrol or local law enforcement agency may grant a waiver of the standards in section 60-6,257 for reasons of safety or security or for medical reasons based on an affidavit signed by a licensed physician. Such waiver shall be in writing and shall include the date issued, the vehicle identification number, the registration number, or other description to clearly identify the motor vehicle to which the waiver applies, the name of the owner of the vehicle, the reason for granting the waiver, the dates the waiver will be effective, and the signature of the head of the law enforcement agency granting the waiver. Such agency shall keep a copy of the waiver until the waiver expires.

§ 60-6,261

Windshield and windows; funeral vehicles; exception.

Sections 60-6,257 to 60-6,259 shall not apply to the side or rear windows of funeral coaches, hearses, or other vehicles operated in the normal course of business by a funeral establishment licensed under section 38-1419.

NRS 484D.435 Windshield and windows must be unobstructed.

      1.  A person shall not drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.

      2.  This section shall not apply to any sign, poster or other material displayed in the 6-inch square area of the lower corner of the windshield farthest removed from the driver or to any other material required to be displayed on a windshield or window by federal or state law.

      (Added to NRS by 1969, 1208)—(Substituted in revision for NRS 484.619)

 NRS 484D.440 Restrictions on tinting of windshield or side or rear window.

      1.  As used in this section, unless the context otherwise requires, “light transmission” means the ratio of the amount of light which is allowed to pass through a product or material to the amount of light which falls on it.

      2.  Except as otherwise provided in subsections 3, 4 and 5 a person shall not:

      (a) Place, install, affix or apply upon the windshield or any side or rear window of a motor vehicle which is required to be registered in this State; or

      (b) Operate on any highway a motor vehicle required to be registered in this State on which there has been placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle,

Ê any transparent material which alters the color or reduces the light transmission of the windshield or side or rear window.

      3.  The prohibition set forth in subsection 2 does not apply to:

      (a) A window that is to the immediate right or left of the driver if the window is:

             (1) Nonreflective; and

             (2) Has a total light transmission through the combination, if any, of transparent material and safety glazing of not less than 35 percent with a tolerance of 7 percent.

      (b) A side window that is to the rear of the driver, or a rear window, if the vehicle has outside mirrors on each side that are located so as to reflect to the driver a view of the highway through each mirror for a distance of not less than 200 feet to the rear of the vehicle.

      (c) Any transparent material that is installed, affixed or applied to the topmost portion of the windshield if:

             (1) The bottom edge of the material is not less than 29 inches above the undepressed driver’s seat when measured from a point 5 inches in front of the bottom of the backrest with the driver’s seat in its rearmost and lowermost position with the vehicle on a level surface; and

             (2) The material is not red or amber in color.

      4.  The prohibition set forth in paragraph (b) of subsection 2 does not apply to a motor vehicle with a model year of 1993 or older, if transparent material was placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle before July 1, 1993.

      5.  This section does not prohibit the operation or sale of a motor vehicle which has a windshield or windows that are covered by or treated with any material, if the vehicle was sold when new or could have been sold when new with such material as standard or optional equipment without violating any federal statute or regulation governing the sale at the time of manufacture.

      6.  The Director may, by regulation, provide for exemptions and exceptions from the provisions of subsection 2.

      7.  For the purposes of NRS 483.473, a violation of subsection 2 is not a moving traffic violation.

 I. It shall be unlawful to sell or inspect any motor vehicle in this state which has after market tinting on the windshield.
II. It shall be unlawful to install after market tinting on the windshield on any motor vehicle which is registered in this state.
III. It shall be unlawful to drive on any way any motor vehicle registered in this state which has after market tinting on the windshield. Where after market tinting is applied to windows to the rear of the driver, outside rear view mirrors shall be required on both the left and right side of the vehicle for the use of the driver and a front seat passenger. The light transmittance of after-market tinted windows to the left and right of the driver where they are allowed shall not be less than 70 percent, and the light transmittance of after-market tinted rear windows where they are allowed shall not be less than 35 percent, except that the light transmittance of after market tinted rear windows of multipurpose passenger vehicles, as defined in 49 C.F.R. section 571.3 and pickup trucks may be such percentage as is allowed by 49 C.F.R. section 571.205 with respect to pre-market tinted rear windows.
III-a. Persons who require for medical reasons after market tinting on the windshield may apply for a special permit pursuant to RSA 266:61-a, IX.
IV. The commissioner shall adopt rules under RSA 541-A relative to the administration and enforcement of this section.
V. Nothing in this section shall be construed to prohibit after market tinting of the windshield of a vehicle with a strip not wider than 6 inches located at the very top of the windshield, provided that the light transmittance of the strip shall not be less than 35 percent.
VI. Any natural person or any other person who violates the provisions of this section shall be guilty of a violation. 

 § 13:20-1.1

The following words and terms, when used in this subchapter, shall have the following meanings unless the context

clearly indicates otherwise.

"Action spectra" means those portions of the electromagnetic spectrum, such as UVA, UVB, near UV, and visible

light, which elicit an adverse medical condition as specified in N.J.S.A. 39:3-75.1 and this subchapter.

"AS-1 line" means the mark at the edge of a sheet of glazing material that delineates the area of the windshield requisite for driving visibility and indicates that portion of the sheet of glazing material having a luminous transmittance of

not less than 70 percent.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Clear film" means a material that, when applied over factory-installed glazing, has a neutral gray appearance.

"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by

section 4 of P.L. 2003, c. 13 (N.J.S.A. 39:2A-4).

"Near UV" means the portion of the visible electromagnetic spectrum that appears violet to blue in color, having

wavelengths that range from 400 nanometers to 492 nanometers.

"Optical properties" means the percentage of visible light and/or UV transmittance, visible light reflection, and

other parameters of approved sun-screening materials and products as supplied by the manufacturer and installed or

applied by registered sun-screening material installation facilities.

"Reflectance" means the percentage of visible light reflected by the sun-screening material or product.

"Tinted film" means a material of any color that is applied over factory-installed glazing.

"Transmittance" means the percentage of visible light and/or UV radiation that passes through a sun-screening material or product and the factory-installed glazing to which it is attached.

"Ultraviolet" or "UV" means the ultraviolet portion of the electromagnetic spectrum, having wavelengths that range

from 290 nanometers to 400 nanometers.

"UVA" means the portion of the UV spectrum that ranges from 320 nanometers to 400 nanometers in wavelength.

"UVB" means the portion of the UV spectrum that ranges from 290 nanometers to 320 nanometers in wavelength.

"Visible light" means that portion of the electromagnetic spectrum that is directly observable, having wavelengths

that range from 400 nanometers to 760 nanometers with a corresponding appearance of violet to red in color.

 § 13:20-1.2 

(a) Sun-screening materials and products shall not be installed or applied to the windshield of a motor vehicle which,

in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light below 70 percent.

(b) Notwithstanding (a) above, sun-screening materials and products may be installed or applied to that portion of

the windshield of a motor vehicle above the AS-1 line which, in conjunction with factory-installed glazing, reduce the

transmittance of normally incident visible light below 70 percent.

(c) Sun-screening materials and products shall not be installed or applied to the front side window(s) of a motor vehicle which, in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light

below 60 percent.

(d) Notwithstanding (c) above, the owner or lessee of a motor vehicle for which a medical exemption certificate has

been issued pursuant to this subchapter may affix readily removable sun-screening materials and products to the uppermost six-inch portion of the front side window(s) of such motor vehicle during the hours between sunrise and sunset;

provided, however, that such readily removable sun-screening materials and products shall not, in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light below 35 percent.

 § 13:20-1.3 

The visible light reflectance of sun-screening materials and products installed or applied to the windshield and/or the

front side window(s) of a motor vehicle shall not exceed eight percent.

 § 13:20-1.4 

 (a) Sun-screening materials or products that are installed or applied to the windshield of a motor vehicle shall be a

clear film.

(b) Sun-screening materials or products that are installed or applied to the front side window(s) of a motor vehicle

shall be either a clear film or a tinted film

 § 13:20-1.5

 (a) The owner or lessee of a motor vehicle that is driven by or is used to regularly transport a person who has a medical condition involving ophthalmic or dermatological photosensitivity, including, but not limited to, the medical conditions specified in N.J.S.A. 39:3-75.1, chronic actinic dermatitis, photosensitive eczema, and skin cancers having an associated diagnosis of chronic actinic dermatitis, may apply to the Chief Administrator for a medical exemption certificate to have the windshield and/or the front side window(s) of such motor vehicle covered by or treated with a material

or product that increases its visible light reflectance or reduces its light transmittance.

(b) An applicant for a medical exemption certificate pursuant to this subchapter shall set forth the following information on an application form prescribed by the Motor Vehicle Commission:

1. The name, address, and driver license number of the person who has a medical condition involving ophthalmic

or dermatological photosensitivity; and

2. The make, model, year, registration plate number, and vehicle identification number of the vehicle on which the

sun-screening material or product is to be installed or applied.

(c) An applicant for a medical exemption certificate pursuant to this subchapter shall, upon complying with (b)

above, submit the application to a certified ophthalmologist or a physician with a plenary license to practice medicine

and surgery in this State or a bordering state for completion.

(d) The ophthalmologist or physician referred to in (c) above shall certify in writing on the application that the person for whom the application is being submitted has a medical condition involving ophthalmic or dermatological photosensitivity, and shall specify such medical condition and the recommended treatment therefor. The written certification shall also include the specific wavelength or action spectra of light to which the patient is photosensitive. For medical conditions involving dermatological photosensitivity, certification of photo-testing, using specific wavelengths of

artificially generated photo-radiation to test skin for the radiation wavelengths that elicit a photo-reaction, shall be submitted with the application so as to enable the Chief Administrator to determine the type and application of

sun-screening materials and products that may be permitted to be installed or applied to the motor vehicle windshield

and/or the front side window(s). The ophthalmologist or physician shall also set forth on the application his or her name,

business address, medical license number, state of licensure, and date of licensure.

(e) Upon completion of the application for a medical exemption certificate in accordance with (a) through (d)

above, the application shall be submitted by the applicant to the Motor Vehicle Commission for issuance of the medical

exemption certificate.

 § 13:20-1.6 

(a) A medical exemption certificate shall be issued for a motor vehicle upon the owner's or lessee's compliance with

N.J.A.C. 13:20-1.5.

(b) A medical exemption certificate shall be valid for a period of 48 months.

(c) The owner or lessee of a motor vehicle for which a medical exemption certificate has been issued pursuant to

this subchapter shall make application for the renewal of such certificate no later than 30 days before the expiration of

the certificate. The certificate shall not be renewed if the previously installed or applied sun-screening material or product has developed a haze, discoloration, or other visual distortion that changes the original optical properties of the

sun-screening material or product.

(d) A medical exemption certificate shall be deemed void upon the sale of, or the termination of the lease for, the

motor vehicle for which the certificate was issued; provided, however, that if the lessee purchases the motor vehicle

upon the termination of the lease, the medical exemption certificate issued therefor shall remain valid until the issuance

of a replacement medical exemption certificate for the motor vehicle by the Motor Vehicle Commission in accordance

with (e) below.

(e) The owner or lessee of the motor vehicle for which a medical exemption certificate has been issued shall be responsible for the removal of the sun-screening materials or products from the windshield and/or the front side window(s) prior to the sale of, or the termination of the lease for, the motor vehicle. This subsection shall not apply to a

lessee who purchases the motor vehicle for which a medical exemption certificate has been issued upon the termination

of the lease for the motor vehicle; provided, however, an application for a replacement medical exemption certificate

shall be submitted to the Motor Vehicle Commission by the purchaser within 14 days of the date of issuance of the new

registration for the motor vehicle. The replacement medical exemption certificate shall indicate the new registered owner and the new registration plate number of the motor vehicle.

§ 13:20-1.7

(a) The medical exemption certificate shall be in the possession of the driver or operator at all times when he or she

is in charge of the motor vehicle on the highways of this State.

(b) The driver or operator shall exhibit the medical exemption certificate when requested to do so by a police officer while in the performance of the duties of his or her office.

§ 13:20-1.8

(a) Each sun-screening material installation facility registered by the Motor Vehicle Commission in accordance with

N.J.A.C. 13:20-2 shall attach a label between the sun-screening material or product and the windshield and/or the front

side window(s) of the motor vehicle to which such material or product is installed or applied. A label shall be attached

to the lower right corner of the windshield as viewed from the interior of the motor vehicle and shall be completely visible from the front of the motor vehicle. A label shall be attached to the lower left corner of the front left side window as

viewed from the interior of the motor vehicle and shall be completely visible from the left side of the motor vehicle. A

label shall be attached to the lower right corner of the front right side window as viewed from the interior of the motor

vehicle and shall be completely visible from the right side of the motor vehicle.

(b) The label required by (a) above shall be one inch by one inch in size, and shall contain the name of the

sun-screening material or product manufacturer and the registration number of the sun-screening material installation

facility that installed or applied the sun-screening material or product to the motor vehicle.

(c) The attachment of the label to the windshield and/or the front side window(s) of a motor vehicle shall constitute

the sun-screening material installation facility's representation that the sun-screening materials or products are in compliance with the standards set forth in this subchapter.

 § 13:20-2.1 

 The purpose of this subchapter is to implement N.J.S.A. 39:3-75.1 et seq. by establishing a system for the registration of persons in the business of installing or applying approved sun-screening materials and products on the windshields and/or the front side window(s) of motor vehicles for which medical exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and which are driven by or are used to regularly transport a person having a medical condition involving ophthalmic or dermatological photosensitivity. 

 § 13:20-2.2

(a) This subchapter shall apply to every person engaged in the business of installing or applying approved

sun-screening materials and products to windshields and/or front side windows of motor vehicles for which medical

exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and which are driven by or are used to

regularly transport a person who has a medical condition involving ophthalmic or dermatological photosensitivity.

(b) No person shall, on or after September 17, 2001, engage in the business of installing or applying approved

sun-screening materials and products to windshields and/or front side windows of motor vehicles for which medical

exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and which are driven by or are used to

regularly transport a person who has a medical condition involving ophthalmic or dermatological photosensitivity unless registered by the Chief Administrator in accordance with this subchapter.

 § 13:20-2.3 

The following words and terms, when used in this subchapter, shall have the following meanings unless the context

clearly indicates otherwise.

"Advertising" means any printed or published materials including, but not limited to, direct mail, circulars, leaflets,

pamphlets, newspapers, magazines, billboards, yellow pages of any telephone directory, radio and/or television broadcasts, and any other advertising medium of communication used to induce the public to seek the services of a

sun-screening material installation facility. The term "advertising" shall not include printed or published materials appearing in the white pages of any telephone directory.

"Applicant" means any person making application pursuant to this subchapter for an initial registration to engage in

the business of installing or applying approved sun-screening materials and products to motor vehicle windshields

and/or front side windows or to renew an existing registration. In the case of a partnership or corporation applying for a

registration, the term "applicant" shall respectively include all partners and/or officers and directors and/or persons having a controlling interest in a sole proprietorship or corporation.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Controlling interest" means possession of the power to direct or cause the direction of the management and policies of a sun-screening material installation facility whether through the ownership of voting securities or otherwise.

The Chief Administrator will presume that control in fact exists if any person or entity directly or indirectly owns, controls, holds the power to vote, or holds proxies representing 10 percent or more of the voting securities of any

sun-screening material installation facility. This presumption may be rebutted by showing that control does not in fact

exist. The Chief Administrator may determine that control in fact exists, notwithstanding the presence or absence of a

presumption to that effect.

"Customer" means the owner of record of a motor vehicle on file with the Motor Vehicle Commission, or any family member, employee, or any other person whose use of the motor vehicle is authorized by such owner of record.

"Engaged in the business" means performing the installation or application of approved sun-screening materials and

products to motor vehicle windshields and/or front side windows for compensation and includes:

1. Any person installing or applying approved sun-screening materials and products on the windshields and/or the

front side windows of motor vehicles that are driven by or are used to regularly transport a person having a medical

condition involving ophthalmic or dermatological photosensitivity;

2. Any person who subcontracts or has any type of business arrangement with a sun-screening material installation

facility or other person to install or apply approved sun-screening materials and products to motor vehicle windshields

and/or front side windows;

3. Any person who prepares an estimate to be used by a sun-screening material installation facility or other person

to install or apply approved sun-screening materials and products to motor vehicle windshields and/or front side windows; or

4. Any person who negotiates in any manner with any customer to install or apply approved sun-screening materials and products to motor vehicle windshields and/or front side windows.

"Estimate" means any written determination prepared by a sun-screening material installation facility of the approximate cost of the parts and labor needed to install or apply approved sun-screening materials and products to motor

vehicle windshields and/or front side windows.

"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by

section 4 of P.L. 2003, c.13 (N.J.S.A. 39:2A-4.)

"Person" means any natural person, business, company, firm, partnership, association, corporation, or any other entity.

"Place of business" means the address or location where the services of a sun-screening material installation facility

are offered or ordinarily performed.

"Sun-screening material installation facility" means any person who for compensation engages in the business of

installing or applying approved sun-screening materials and products on the windshields and/or the front side window(s)

of motor vehicles for which medical exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and

which are driven by or used to transport a person having a medical condition involving ophthalmic or dermatological

photosensitivity. For the purpose of this subchapter, an employee of a sun-screening material installation facility who

engages in the business of installing or applying approved sun-screening materials and products to motor vehicle windshields and/or front side windows solely by reason of his or her employment shall not be deemed to be a sun-screening

material installation facility and shall not be required to be registered.

"Sun-screening material installation facility registration" means a registration issued to a sun-screening material installation facility which evidences the Chief Administrator's authorization for the facility to engage in the business of

installing or applying approved sun-screening materials and products on the windshields and/or the front side window(s)

of motor vehicles for which medical exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and

which are driven by or are used to regularly transport a person having a medical condition involving ophthalmic or

dermatological photosensitivity.

"Suspension, revocation, or refusal to renew" means administrative action by the Chief Administrator, in accordance with N.J.S.A. 39:3-75.1 et seq. or this subchapter, to refuse to renew a sun-screening material installation facility

registration or to suspend or revoke such registration

 § 13:20-2.4 

 (a) Any person seeking to engage in the business of a sun-screening material installation facility shall apply, in accordance with the provisions of this subchapter, to the Chief Administrator for a registration authorizing him or her to

engage in such business. An application for a sun-screening material installation facility registration may be obtained

from the Motor Vehicle Sun-Screening Material Installation Facility Registration Unit of the Motor Vehicle Commission. The address of the Motor Vehicle Sun-Screening Material Installation Facility Registration Unit is:

 Motor Vehicle Commission

 Business License Services

 Motor Vehicle Sun-Screening Material Installation Facility Registration Unit

 225 East State Street

 PO Box 172

 Trenton, New Jersey 08666-0172

(b) Each applicant for a sun-screening material installation facility registration shall file with the Chief Administrator, in such form and detail as may be required by him or her, an application setting forth the following:

1. The name, place of business, and telephone number of the sun-screening material installation facility;

2. The name, business and residence address(es), driver's license number, social security number, and telephone

number(s) of:

i. The owner and/or possessor of a controlling interest of the facility, in the case of a sole proprietorship;

ii. Each partner, in the case of a partnership; or

iii. Each officer, director, and possessor of a controlling interest, in the case of a corporation;

3. Whether the applicant has ever been found to be in violation of the Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.)

or any regulations adopted thereunder;

4. Whether the applicant has ever been denied, or had suspended or revoked, a license or registration to engage in

any business, profession, or occupation licensed or registered under the laws of any state; and

5. Whether the applicant has any interest in any other sun-screening material installation facility or any motor vehicle-related business.

(c) Each initial application for a sun-screening material installation facility registration shall include the following:

1. The New Jersey Sales Tax Identification Number;

2. The New Jersey Unemployment Registration Number;

3. The Federal Employer Identification Number; and

4. The corporation code, if one has been issued by the Motor Vehicle Commission.

(d) Each initial application for a sun-screening material installation facility registration shall be accompanied by the

registration fee specified in N.J.A.C. 13:20-2.6(a).

(e) If there are multiple locations for sun-screening material installation facilities owned by the same applicant, a

separate application, accompanying documents, and registration fee specified in N.J.A.C. 13:20-2.6(a) shall be submitted for each such place of business. A separate registration shall be issued for each such place of business.

(f) Upon preliminary approval of each initial registration application, a registration shall be issued to the

sun-screening material installation facility. Each initial registration issued to a sun-screening material installation facility on or after the effective date of this subchapter shall be effective on the date of issuance and shall continue in force

and effect until December 31, 2002, and shall, thereafter, be renewed on a biennial basis, unless such registration is

suspended or revoked by the Chief Administrator.

§ 13:20-2.5 

Each applicant shall be at least 18 years old, and must have the legal capacity to contract, to be sued, and to be liable

for all debts.

 § 13:20-2.6 

 (a) Each initial application for a sun-screening material installation facility registration shall be accompanied by a registration fee of $150.00 payable to the Motor Vehicle Commission. (b) Each renewal application for a sun-screening material installation facility registration shall be accompanied by a registration fee of $100.00 payable to the Motor Vehicle Commission. (c) A registration fee shall be returned to an applicant only in the event that the Chief Administrator refuses to issue or renew a sun-screening material installation facility registration. Such registration fee, or any portion thereof, shall not be refunded to a registrant in the event that the sun-screening material installation facility registration is suspended or revoked pursuant to N.J.S.A. 39:3-75.1 et seq. or this subchapter, or if a registrant voluntarily surrenders the registration at any time during the registration period. 

 § 13:20-2.7 

 (a) Each registrant shall, no later than 30 days before the expiration of the registration, submit to the Director an application to renew its registration provided that such registrant is not prohibited from applying for a registration as specified in N.J.A.C. 13:20-2.20. An application to renew a sun-screening material installation facility registration may be obtained from the Motor Vehicle Sun Screening Material Installation Facility Registration Unit of the Division at the address specified in N.J.A.C. 13:20-2.4(a). (b) Each application to renew a sun-screening material installation facility registration shall be accompanied by the registration fee specified in N.J.A.C. 13:20-2.6(b). (c) Upon approval of each renewal application, a registration shall be issued to the sun-screening material installation facility. Each renewal registration issued to a sun-screening material installation facility after December 31, 2002 shall continue in force and effect for a period of two years unless such registration is suspended or revoked by the Director. 

 § 13:20-2.8 

  (a) Each sun-screening material installation facility registration, although issued and delivered to a registrant, shall at all times be the property of the State of New Jersey. (b) Upon any suspension, revocation, refusal to renew or other termination of a sun-screening material installation facility registration, the registration shall no longer be in force and effect and the registration shall be surrendered forthwith upon demand of a Motor Vehicle Commission representative. 

 § 13:20-2.9

   (a) In the case of a sole proprietorship, the owner and/or possessor of a controlling interest in the sun-screening material installation facility shall be responsible to the Chief Administrator for the conduct of the business of the facility

and for all actions performed by his or her employees in connection with the business of the facility concerning violations of N.J.S.A. 39:3-75.1 et seq. or this subchapter.

(b) In the case of a partnership or corporation, each partner, or corporate officer and/or director, or any person or

entity possessing a controlling interest, as the case may be, shall be held individually and jointly responsible to the

Chief Administrator for the conduct of the business of the facility and for all actions performed by its employees in

connection with the business of the facility concerning violations of N.J.S.A. 39:3-75.1 et seq. or this subchapter.

 § 13:20-2.10 

Sun-screening material installation facilities shall be subject to the provisions of the Consumer Fraud Act (N.J.S.A.

56:8-1 et seq.) and any regulations adopted thereunder.

§ 13:20-2.11

(a) Each registrant shall display a sign which shall read: "Registered: State of New Jersey Motor Vehicle Sun

Screening Material Installation Facility." The sign shall include the registration number of the sun-screening material

installation facility. The sign must contain letters at least two inches high with a stroke of approximately one-half inch

and be located in a conspicuous location for the public to see.

(b) Every registration issued in accordance with this subchapter shall be prominently displayed in the office, waiting area, or other conspicuous location which is accessible to the public at the sun-screening material installation facility.

(c) Every registered sun-screening material installation facility shall post in a conspicuous location accessible to the

public a "Notice to Consumers" concerning violations of N.J.S.A. 39:3-75.1 et seq. and the fact that customers have a

right to inspect the motor vehicle before paying for the sun-screening material or product installation or application. The

notice shall be prepared and furnished by the Motor Vehicle Commission.

(d) Every registered sun-screening material installation facility shall maintain copies of all estimates, work orders,

invoices, parts purchase orders, appraisals and/or other documents prepared by that facility for work performed by that

facility or by its subcontractors.

1. Such copies shall be kept for at least four years and shall be available for inspection by the Chief Administrator,

the Director of the Division of Consumer Affairs, or any person designated by them, during regular business hours.

2. Failure to permit such inspection shall subject the registrant to administrative action pursuant to this subchapter.

(e) Every sun-screening material installation facility shall, upon request of the Chief Administrator or any person

designated by him or her, provide the Chief Administrator or his or her designee with a list of its employees in such

form and detail as may be required by the Chief Administrator or his or her designee. Failure to provide such list when

requested shall subject the registrant to administrative action pursuant to this subchapter.

(f) The registrant shall notify the Chief Administrator in writing within 10 days whenever any person acquires

ownership or control of 10 percent or more of the stock of a sun-screening material installation facility, or whenever a

person becomes a partner or limited partner in a sun-screening material installation facility.

(g) The registrant shall notify the Chief Administrator in writing within 30 days of any change in address of the

sun-screening material installation facility or of any change in address of persons or entities required to be listed on the

application by N.J.A.C. 13:20-2.4.

(h) The registrant shall notify the Chief Administrator in writing within 10 days whenever any person or entity required to be listed on the application by N.J.A.C. 13:20-2.4 is no longer associated with the sun-screening material

installation facility.

(i) All written notifications required by this subchapter shall be made by either personal delivery or sent by certified

mail to the Motor Vehicle Sun-Screening Material Installation Facility Registration Unit of the Motor Vehicle Commission at the address specified in N.J.A.C. 13:20-2.4(a).

(j) An amended application shall be filed by the registrant with the Chief Administrator when there is a substitution

and/or addition of persons or entities required to be listed on the application by N.J.A.C. 13:20-2.4.

(k) Any process issued to a registrant pursuant to the statutory authority of the Chief Administrator including, but

not limited to, subpoenas, orders, and orders to show cause, may be served upon a registrant or counsel of record, by

sending said process by certified or ordinary mail, to the business address of the sun-screening material installation facility or to counsel's address on record with the Motor Vehicle Commission.

 § 13:20-2.12  

 (a) Any advertising used by the sun-screening material installation facility in any printed or published material shall contain and prominently display the registration number of the facility. (b) Any advertising used by the sun-screening material installation facility in any radio broadcast shall disclose that the facility is registered by the State of New Jersey. (c) Any advertising used by the sun-screening material installation facility in any television broadcast shall prominently display the registration number of the facility at the end of such broadcast. 

 § 13:20-2.13 

  Every sun-screening material installation facility which charges a per diem fee to store a motor vehicle on its premises shall disclose in writing, prior to initiating sun-screening material installation or application services, the amount of such storage charge to the customer. 

 § 13:20-2.14 

(a) In addition to any violation of N.J.S.A. 39:3-75.1 et seq., the Chief Administrator may refuse to issue or renew a

registration or suspend or revoke the registration of any sun-screening material installation facility if he or she determines that the applicant or registrant:

1. Has made a false statement or concealed a fact in connection with the application for a registration or a renewal

thereof; or

2. Is not the owner of, or possessor of a controlling interest in, the sun-screening material installation facility.

(b) In addition to any violation of N.J.S.A. 39:3-75.1 et seq., the Chief Administrator may refuse to issue or renew a

registration or suspend or revoke the registration of any sun-screening material installation facility if he or she determines that the applicant or registrant at any time following submission of the application for initial registration:

1. Has been found to be in violation of the Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) or any regulations adopted

thereunder;

2. Demonstrates a pattern of conduct whereby sun-screening material or product installation or application performed by the sun-screening material installation facility was not performed in a workmanlike manner or was performed in violation of the light transmittance, visible light reflectance, or color standards set forth in N.J.A.C.

13:20-1.2 through 1.4;

3. Issues a check in payment of any fees required by this subchapter which is subsequently dishonored;

4. Has failed to comply with any of the provisions of this subchapter;

5. Fails to maintain an approved place of business in accordance with N.J.A.C. 13:20-2.4(b)1;

6. Fails to pay any fee required by law or regulation;

7. Fails to notify the Chief Administrator in writing as required by N.J.A.C. 13:20-2.11(e), (f), (g), or (h);

8. Has in its possession any motor vehicle, major motor vehicle component part or component part as defined in

N.J.S.A. 39:10B-1 or replacement parts on which the vehicle identification number or other identification affixed thereto

in accordance with Federal theft prevention standards has been removed, altered, defaced, destroyed, or so covered as to

be concealed; or

9. For other good cause.

 § 13:20-2.15 

Where, pursuant to N.J.S.A. 39:3-75.1 et seq. or any regulation adopted thereunder, the Chief Administrator has the

authority to suspend, revoke, or refuse to renew the registration of a sun-screening material installation facility, the

Chief Administrator shall also have the authority to impose an official warning as an alternative or in addition to such

suspension, revocation, or refusal to renew.

§ 13:20-2.16

(a) The Chief Administrator, or any person designated by him or her, shall have the power to investigate and gather

evidence of violations of N.J.S.A. 39:3-75.1 et seq., or of any regulation adopted thereunder, by a sun-screening material

installation facility.

(b) The Chief Administrator, or any person designated by him or her, shall have the power to conduct investigations, administer oaths, interrogate registrants, issue subpoenas, summonses and/or complaints, and compel witnesses to

appear at any hearing.

(c) Except as set forth in N.J.A.C. 13:20-2.11(k), subpoenas shall be served in the same manner, and witnesses

shall be entitled to the same fees, as in the case of subpoenas issued out of the Superior Court of New Jersey.

(d) In the case of a failure of any person to comply with any subpoena issued pursuant to this subchapter or to testify with respect to any matter concerning which he or she may be lawfully interrogated, the Superior Court, on application of the Chief Administrator, may be requested to issue an order requiring the attendance of such person and the giving of testimony or production of evidence. Any person failing to obey the order of the court may be punished by the

court for contempt.

(e) In addition to the authority set forth in (a) above, New Jersey State Police officers and Division of Consumer

Affairs investigators are hereby authorized to enforce the provisions of this subchapter.

§ 13:20-2.17

 (a) The Chief Administrator shall notify the applicant, in writing by certified mail, of any refusal to issue or renew a

sun-screening material installation facility registration and the grounds thereof. Written notice shall be mailed to the

applicant at the address listed on the application or to the place of business on record with the Motor Vehicle Commission.

(b) The Chief Administrator shall notify the registrant, in writing by certified mail, of any proposed suspension or

revocation of the sun-screening material installation facility registration and the grounds thereof. Written notice shall be

mailed to the place of business on record with the Motor Vehicle Commission. Unless the registrant files with the Chief

Administrator a written request for a hearing in accordance with N.J.A.C. 13:20-2.18, the sun-screening material installation facility registration shall be suspended or revoked on the date specified in such notice.

 § 13:20-2.18  

  (a) If an applicant has been notified in accordance with N.J.A.C. 13:20-2.17(a) that the Chief Administrator refuses to issue or renew a sun-screening material installation facility registration, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the applicant by the Motor Vehicle Commission in accordance with N.J.A.C. 13:20-2.17(a). (b) If a registrant has been notified in accordance with N.J.A.C. 13:20-2.17(b) of a proposed suspension or revocation of its sun-screening material installation facility registration, the registrant shall be entitled to an administrative hearing concerning such proposed suspension or revocation provided that the registrant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the registrant by the Motor Vehicle Commission in accordance with N.J.A.C. 13:20-2.17(b). (c) Any written request for a hearing by an applicant or registrant shall be sent to the Motor Vehicle Sun-Screening Material Installation Facility Registration Unit of the Motor Vehicle Commission at the address specified in N.J.A.C. 13:20-2.4(a). The hearing request shall contain the following information: 1. The name, registration number, place of business, and telephone number of the sun-screening material installation facility; 2. A concise statement of facts constituting each ground of defense; 3. A specific admission, denial, or explanation of each fact alleged by the Motor Vehicle Commission in its notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the Commission's notice or order to show cause which is not answered in accordance with this paragraph shall be deemed to have been admitted; and 4. A statement requesting a hearing. (d) If the applicant or registrant does not file a written request for a hearing in accordance with (a), (b), or (c) above, the suspension, revocation, or refusal to renew the sun-screening material installation facility registration shall be effective on the date specified in such notice. The sun-screening material installation facility shall cease all activities of the business of a sun-screening material installation facility effective on the date specified in such notice. 

 § 13:20-2.19  

 Any hearing concerning the suspension, revocation, or refusal to issue or renew a sun-screening material installation facility registration shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. 

 § 13:20-2.20 

 (a) No person whose renewal application for a sun-screening material installation facility registration is refused shall be entitled to apply for a registration pursuant to this subchapter for a period of one year from the effective date of such refusal. (b) No person whose registration is suspended or revoked shall be entitled to apply for a registration pursuant to this subchapter during the period of suspension or revocation. 

 § 13:20-2.21  

 (a) A fee as set forth in N.J.S.A. 39:3-10a shall be payable to the Motor Vehicle Commission for the restoration of a sun-screening material installation facility registration which is suspended or revoked pursuant to N.J.S.A. 39:3-75.1 et seq. or this subchapter. Such registration restoration fee shall be paid to the Motor Vehicle Commission before the registration may be restored. (b) Each suspension or revocation of any sun-screening material installation facility registration, pursuant to N.J.S.A. 39:3-75.1 et seq. or any regulation adopted thereunder, shall continue in force and effect until such registration is restored by the Chief Administrator. (c) In the case of every suspension or revocation of a sun-screening material installation facility registration for a fixed period of time, the registrant, as a condition precedent to restoration, shall make application to the Chief Administrator, in such form as the Chief Administrator may determine, and pay the registration restoration fee specified in (a) above. The Chief Administrator may, upon notice and an opportunity to be heard, deny any application for restoration of a sun-screening material installation facility registration for good cause. 

 A. A person shall not operate on any street or highway a motor vehicle that is registered or required to be registered in this state if that motor vehicle has a sun screening material on the windshield or any window that does not comply with the requirements of this section.

B. Except as otherwise provided in this section, a sun screening material:

(1) when used in conjunction with the windshield, shall be nonreflective, shall not be red, yellow or amber in color and shall be used only along the top of the windshield, not extending downward beyond the ASI line or more than five inches from the top of the windshield, whichever is closer to the top of the windshield; and

(2) when used in conjunction with the safety glazing materials of the side wings or side windows located at the immediate right and left of the driver, the side windows behind the driver and the rearmost window shall be nonreflective, shall have a light transmission of not less than twenty percent and shall be used only on the windows of a motor vehicle equipped with one right and one left outside rearview mirror.

C. Each manufacturer shall:

(1) certify to the division that a sun screening material used by that manufacturer is in compliance with the nonreflectivity and light transmission requirements of this section;

(2) provide a label not to exceed one and one-half square inches in size that:

(a) is installed permanently and legibly between the sun screening material and each glazing surface to which it is applied;

(b) contains the manufacturer's name, the date that the sun screening material was manufactured and the percentage of light transmission; and

(c) is placed in the left lower corner of each glazing surface when facing the motor vehicle from the outside; and

(3) include instructions with the sun screening material for proper installation, including the affixing of the label specified in this subsection.

D. A person shall not:

(1) offer for sale or for use any sun screening material for motor vehicle use not in compliance with this section; or

(2) install any sun screening material on motor vehicles intended for operation on any street or highway without permanently affixing the label specified in Subsection C of this section.

E. The provisions of this section do not apply to a motor vehicle registered in this state in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this state that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sun screening material that is in violation of this section. The affidavit shall be in the possession of the person with such a physical condition, or the person's legal guardian, at all times while being transported in the motor vehicle.

F. The light transmission requirement of this section does not apply to windows behind the driver on truck tractors, buses, recreational vehicles, multipurpose passenger vehicles or motor homes. The provisions of this section shall not apply to motor vehicle glazing that complies with federal motor vehicle standards.

G. The provisions of this section do not apply to motor vehicles that have sun screening material on the windshield or any window prior to July 1, 1997.

H. As used in this section:

(1) "light transmission" means the ratio of the amount of total light that passes through a product or material, expressed in percentages, to the amount of the total light falling on the product or material;

(2) "manufacturer" means any person engaged in the manufacturing or assembling of sun screening products or materials designed to be used in conjunction with motor vehicle glazing materials for the purpose of reducing the effects of the sun;

(3) "nonreflective" means designed to absorb light rather than to reflect it; and

(4) "sun screening material" means any film material, substance, device or product that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.

I. A person who violates a provision of this section is guilty of a penalty assessment misdemeanor.

 12. It shall be unlawful to operate on any public highway or street in this state any motor vehicle registered in New York state unless such vehicle be equipped with safety glass wherever glass is used in doors, windows and windshields.  For the purposes of this subdivision, any device other than a trailer, which is attached to or carried upon a motor vehicle and which lawfully can be occupied while the motor vehicle is in motion, shall be considered a part of such motor vehicle.

12-a. (a) Every motor vehicle, except a motorcycle, when driven or operated upon a public highway, road or street shall be equipped with a front windshield in a fixed and more or less upright position constructed of safety glass as defined in subdivision fourteen of this section and required by subdivisions eleven and twelve hereof.  No person shall drive any motor vehicle with any sign or other nontransparent material other than a certificate or paper required to be displayed by law upon the front windshield or the sidewings or side windows on either side forward of or adjacent to the operator's seat.

(b) No person shall operate any motor vehicle upon any public highway, road or street:

(1) the front windshield of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent unless such materials are limited to the uppermost six inches of the windshield;  or

(2) the sidewings or side windows of which on either side forward of or adjacent to the operator's seat are composed of, covered by or treated with any material which has a light transmittance of less than seventy percent;  or

(3) if it is classified as a station wagon, sedan, hardtop, coupe, hatchback or convertible and any rear side window has a light transmittance of less than seventy percent;  or

(4) the rear window of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent.  A rear window may have a light transmittance of less than seventy percent if the vehicle is equipped with side mirrors on both sides of the vehicle so adjusted that the driver thereof shall have a clear and full view of the road and condition of traffic behind such vehicle.

(c) Any person required for medical reasons to be shielded from the direct rays of the sun and/or any person operating a motor vehicle belonging to such person or in which such person is an habitual passenger shall be exempt from the provisions of subparagraphs one and two of paragraph (b) of this subdivision provided the commissioner has granted an exemption and notice of such exemption is affixed to the vehicle as directed by the commissioner.  The applicant for such exemption must provide a physician's statement with the reason for the exemption, the name of the individual with a medically necessary condition operating or transported in the vehicle, the specific condition involved, and the minimum level of light transmission required.  The commissioner shall only authorize exemptions where the medical condition certified by the physician is contained on a list of medical conditions prepared by the commissioner of health pursuant to subdivision sixteen of section two hundred six of the public health law.  If such such   1 exemption is granted, the commissioner shall make a record thereof and shall distribute a sufficiently noticeable sticker to the applicant to be attached to any window so shielded or altered pursuant to such exemption.

(d) The commissioner may test any window for a person who has been charged with violating this subdivision.  If such window is found to be in conformity with this subdivision, a small label attesting to the conformity shall be affixed to the window tested.

(e) On and after January first, nineteen hundred ninety-two, no person shall manufacture, sell, offer for sale, equip or operate a motor vehicle in this state in violation of the provisions of this subdivision, except that a person may operate a nineteen hundred ninety-one or earlier model year vehicle without violating this subdivision if the windows on said vehicle were in conformity with this subdivision as it existed on December thirty-first, nineteen hundred ninety-one.

(f) The commissioner shall make such rules and regulations as he shall deem necessary to carry out the provisions of this subdivision.

(ff) Notwithstanding any other provision of this section or any other general, special or local law, charter, administrative code, ordinance, rule or regulation to the contrary, any person operating a motor vehicle in a burial or funeral procession while travelling to or from a funeral, interment or cremation may place a funeral sign no larger than eight and one half by fourteen inches in any window of such vehicle, as long as such sign when so placed will not prevent such person from having a clear and full view of the road and the condition of traffic behind such vehicle.

 (a) Windshield Wipers. – A vehicle that is operated on a highway and has a windshield shall have a windshield wiper to clear rain or other substances from the windshield in front of the driver of the vehicle and the windshield wiper shall be in good working order. If a vehicle has more than one windshield wiper to clear substances from the windshield, all the windshield wipers shall be in good working order. (b) Window Tinting Restrictions. – A window of a vehicle that is operated on a highway or a public vehicular area shall comply with this subsection. The windshield of the vehicle may be tinted only along the top of the windshield and the tinting may not extend more than five inches below the top of the windshield or below the AS1 line of the windshield, whichever measurement is longer. Provided, however, an untinted clear film which does not obstruct vision but which reduces or eliminates ultraviolet radiation from entering a vehicle may be applied to the windshield. Any other window of the vehicle may be tinted in accordance with the following restrictions: (1) The total light transmission of the tinted window shall be at least thirty‑five percent (35%). A vehicle window that, by use of a light meter approved by the Commissioner, measures a total light transmission of more than thirty‑two percent (32%) is conclusively presumed to meet this restriction. (2) The light reflectance of the tinted window shall be twenty percent (20%) or less. (3) Tinted film or another material used to tint the window shall be nonreflective and shall not be red, yellow, or amber. (b1) Notwithstanding subsection (b) of this section, a window of a vehicle that is operated on a public street or highway and which is subject to the provisions of Part 393 of Title 49 of the Code of Federal Regulations shall comply with the provisions of that Part. (c) Tinting Exceptions. – The window tinting restrictions in subsection (b) of this section apply without exception to the windshield of a vehicle. The window tinting restrictions in subdivisions (b)(1) and (b)(2) of this section do not apply to any of the following vehicle windows: (1) A window of an excursion passenger vehicle, as defined in G.S. 20‑4.01(27). (2), (3) Repealed by Session Laws 2012‑78, s. 8, effective December 1, 2012. For applicability, see Editor's notes. (4) A window of a motor home, as defined in G.S. 20‑4.01(27)k. (5) A window of an ambulance, as defined in G.S. 20‑4.01(27)a. (6) The rear window of a property‑hauling vehicle, as defined in G.S. 20‑4.01(31). (7) A window of a limousine. (8) A window of a law enforcement vehicle. (9) A window of a multipurpose vehicle that is behind the driver of the vehicle. A multipurpose vehicle is a passenger vehicle that is designed to carry 10 or fewer passengers and either is constructed on a truck chassis or has special features designed for occasional off‑road operation. A minivan and a pickup truck are multipurpose vehicles. (10) A window of a vehicle that is registered in another state and meets the requirements of the state in which it is registered. (11) A window of a vehicle for which the Division has issued a medical exception permit under subsection (f) of this section. (d) Violations. – A person who does any of the following commits a Class 3 misdemeanor: G.S. 20-127 Page 2 (1) Applies tinting to the window of a vehicle that is subject to a safety inspection in this State and the resulting tinted window does not meet the window tinting restrictions set in this section. (2) Drives on a highway or a public vehicular area a vehicle that has a window that does not meet the window tinting restrictions set in this section. (e) Defense. – It is a defense to a charge of driving a vehicle with an unlawfully tinted window that the tinting was removed within 15 days after the charge and the window now meets the window tinting restrictions. To assert this defense, the person charged shall produce in court, or submit to the prosecuting attorney before trial, a certificate from the Division of Motor Vehicles or the Highway Patrol showing that the window complies with the restrictions. (f) Medical Exception. – A person who suffers from a medical condition that causes the person to be photosensitive to visible light may obtain a medical exception permit. To obtain a permit, an applicant shall apply in writing to the Drivers Medical Evaluation Program and have his or her doctor complete the required medical evaluation form provided by the Division. The permit shall be valid for five years from the date of issue, unless a shorter time is directed by the Drivers Medical Evaluation Program. The renewal shall require a medical recertification that the person continues to suffer from a medical condition requiring tinting. A person may receive no more than two medical exception permits that are valid at any one time. A permit issued under this subsection shall specify the vehicle to which it applies, the windows that may be tinted, and the permitted levels of tinting. The permit shall be carried in the vehicle to which it applies when the vehicle is driven on a highway. The Division shall give a person who receives a medical exception permit a sticker to place on the lower left‑hand corner of the rear window of the vehicle to which it applies. The sticker shall be designed to give prospective purchasers of the vehicle notice that the windows of the vehicle do not meet the requirements of G.S. 20‑127(b), and shall be placed between the window and the tinting when the tinting is installed. The Division shall adopt rules regarding the specifications of the medical exception sticker. Failure to display the sticker is an infraction punishable by a two hundred dollar ($200.00) fine. 

 1. A motor vehicle must be equipped with a windshield. An individual may not drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows which obstructs the driver's clear view of the highway or any intersecting highway.2. The windshield on a motor vehicle must be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which must be constructed as to be controlled or operated by the driver of the vehicle.3. The windshield wiper upon a motor vehicle must be maintained in good working order.4. An individual may not operate a motor vehicle with any object, material, or tinting displayed, affixed, or applied on the front windshield or any window unless the object, material, or tinting in conjunction with the windshield upon which it is displayed, affixed, or applied has a light transmittance of at least seventy percent or the object, material, or tinting in conjunction with a window other than the windshield upon which it is displayed, affixed, or applied has a light transmittance of at least fifty percent. This subsection does not apply to windows behind the operator if the motor vehicle is equipped with outside mirrors on both sides that meet the requirements of section 39-21-38.5. Subsection 4 does not apply to nonreflective sunscreening or window tinting material above the AS-1 line or within the top five inches [12.7 centimeters] of the windshield.