Bill > A3768

Introduced Session

This bill revises and clarifies the laws concerning motor vehicle window tinting. Multiple statutes are cited as the basis for the State's current restrictions on post-production window tinting and referenced in case law regarding tickets issued by law enforcement. This bill amends current law to establish R.S.39:3-74 as the statutory authority concerning the permissible tint of a vehicle's windshield and front side windows. The bill also amends R.S.39:3-75, which regulates "safety glazing material," to clarify that this section of law is not applicable to tinting materials or film permitted on motor vehicle windows pursuant to R.S.39:3-74 and P.L.1999, c.308 (C.39:3-75.1 et seq.). Specifically, the bill prohibits a person from driving a vehicle with any tinted material or film on the windshield or front side windows unless the material or film is: (1) applied by the vehicle manufacturer prior to its sale and the tinted material and film permits a light transmittance of less than 70 percent, except as applied to the top six inches of the windshield or above the AS-1 marking on the windshield, (2) a product or material that increases light reflectance or reduces light transmittance, as authorized by the Chief Administrator of the New Jersey Motor Vehicle Commission (MVC) pursuant to P.L.1999, c.308, because the person has a photosensitivity medical condition, or (3) applied on a vehicle used solely for law enforcement purposes. A person in violation of this provision would be subject to a fine not to exceed $100. This violation is considered a "primary offense" whereby law enforcement officers are authorized to stop and ticket motorists whenever they are observed driving a vehicle with illegally tinted windows. Currently, a person who installs tinting material is to include a label on each windshield and window. This bill requires the label to include the installer's name and location. Under P.L.1999, c.308, each approved applicant is issued a certificate or card, valid for a period of up to 48 months, to be exhibited to a law enforcement officer upon request and to a designated motor vehicle examiner whenever the vehicle is inspected. A person in violation of this provision is subject to a fine of up to $100; however, if the person charged with the violation exhibits a certificate or card to a municipal court judge that was valid on the day of the charge, the judge may dismiss the charge. This bill amends current law to provide that, in this case, a judge cannot impose court costs. The bill authorizes the chief administrator to adopt rules and regulations to measure and test permissible motor vehicle window tint and light transmittance requirements. Lastly, the bill directs the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to develop and undertake a public information program, in consultation with the Division of State Police, to educate drivers of the restrictions on and penalties for installing window tinting materials in violation of State law. It is the sponsor's intent to clarify the law concerning window tinting to improve its interpretation and enforcement, and to enhance police officer and public safety, which is beneficial to the general public, law enforcement, and the courts in this State.

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Ronald Dancer (R)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 05/19/2016)