New Jersey-2020-A3728-Introduced

An Act concerning motor vehicle window tinting and amending various parts of statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.39:3-74 is amended to read as follows:

39:3-74. Every motor vehicle having a windshield shall be equipped with at least one device in good working order for cleaning rain, snow or other moisture from the windshield so as to provide clear vision for the driver, and all [such] of these devices shall be so constructed and installed as to be operated or controlled by the driver.

[No] A person shall not drive any motor vehicle with any sign, poster, sticker or other non-transparent material upon the front windshield, wings, deflectors, side shields, corner lights adjoining windshield or front side windows of [such] the vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the [commissioner] chief administrator.

[No] A person shall not drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides.

A person shall not drive a motor vehicle with any tinted material or film on the windshield or front side windows unless the material or film is: (1) applied by the motor vehicle manufacturer prior to the sale of the vehicle 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) authorized pursuant to P.L.1999, c.308 (C.39:3-75.1 et seq.), or (3) installed on a vehicle used solely for law enforcement purposes. Notwithstanding R.S.39:3-79 or any other law to the contrary, a person in violation of this paragraph shall be subject to a fine not to exceed $100.

The chief administrator shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to measure and test permissible motor vehicle window tint and light transmittance requirements pursuant to this section.

(cf: R.S.39:3-74)

2. R.S.39:3-75 is amended to read as follows:

39:3-75. [The term "safety] As used in this section:

"Safety glass" [shall be construed as meaning] means glass [so] treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by glass when the glass is cracked or broken. [The term "safety]

"Safety glazing material" [shall be construed as meaning] means "safety glass" [;] or other glazing materials, such as plastics, produced for the purpose of safety in glazing [;] , or a combination of safety glass and other safety glazing material. [The term "approved]

"Approved safety glazing material" [shall be construed as meaning] means safety glazing material of a type approved by the [director] chief administrator.

In the approving of safety glazing materials, the [director] chief administrator is [hereby given authority] authorized to make use of recognized standards to confine the use of certain types of safety glazing materials to a specific location in or on the vehicle, or to a certain purpose.

[No] A person shall not drive any motor vehicle manufactured on or after [July first, nineteen hundred and thirty-five] July 1, 1935 and registered in this State unless [such] the vehicle is equipped with approved safety glazing material wherever glazing is used in doors, windows and windshields. The term "windshield" shall [be construed to] include wings, deflectors and side shields; also front corner lights adjoining windshields.

Every section of safety glazing material shall be legibly and permanently marked with the manufacturers' distinctive designations, under which the safety glazing material was approved, so as to be visible when installed.

[No] A person shall not drive any motor vehicle equipped with safety glazing material which causes undue or unsafe distortion of visibility or equipped with unduly fractured, discolored or deteriorated safety glazing material, and the [director] chief administrator may revoke the registration of any such vehicle. This paragraph 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.).

(cf: P.L.1949, c.258, s.1)

3. Section 1 of P.L.1999, c.308 (C.39:3-75.1) is amended to read as follows:

1. Notwithstanding the provisions of any other law to the contrary, 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 dermatologic photosensitivity may apply to the [director] chief administrator for permission to have the windshield and windows of that vehicle covered by or treated with a product or material that increases its light reflectance or reduces its
light transmittance.

The application shall be in a form and manner prescribed by the [director] chief administrator and shall include, but not be limited to, a written certification by a certified ophthalmologist or a physician with a plenary license to practice medicine and surgery in this State or a bordering state that the person for whom the application is submitted has a medical condition involving ophthalmic or dermatologic photosensitivity. For the purposes of [this act] P.L.1999, c.308 (C.39:3-75.1 et seq.), medical conditions involving ophthalmic or dermatologic photosensitivity shall include:

a. polymorphous light eruption;

b. persistent light reactivity;

c. actinic reticuloid;

d. porphyrins;

e. solar urticaria;

f. lupus erythematosus; and

g. such other photosensitive disorders or conditions as the [director] chief administrator shall determine.

(cf: P.L.1999, c.308, s.1)

4. Section 2 of P.L.1999, c.308 (C.39:3-75.2) is amended to read as follows:

2. The [director] chief administrator, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall include, but shall not be limited to:

a. Standards and specifications governing the types of materials and products that may be applied to a motor vehicle windshield and windows under [this act] P.L.1999, c.308 (C.39:3-75.1 et seq.). These standards and specifications shall include the color of the materials or products, the maximum allowable percentage of total light reflectance of the materials or products, the maximum allowable percentage of the light transmittance and ultraviolet transmittance of the materials or products, and [such] other matters as the [director] chief administrator shall deem appropriate and necessary. In establishing the standards and specifications, the [director] chief administrator shall consider, to the greatest extent possible, the safety of law enforcement officers, who during the performance of their duties may find it necessary to inspect or otherwise observe the interior of a motor vehicle having a windshield and windows to which an approved material or product is applied.

b. The issuance of a certificate or card to each approved applicant authorizing the approved covering or treatment. The certificate or card shall be valid for a period of not more than 48
months and shall be exhibited to any law enforcement officer, when [so] requested, and to a designated motor vehicle examiner whenever the motor vehicle is inspected.

c. Standards and specifications governing the installation and application of approved materials and products, including the affixation of an appropriate label, in a manner and form prescribed by the [director] chief administrator, on each windshield and window to which an approved material or product is applied. The label [may] shall identify the name and the location of the installer and may identify the name of the manufacturer of the material or product applied.

d. The registration of persons in the business of installing or applying approved materials and products, including the establishment of a fee to cover the costs of that registration.

(cf: P.L.1999, c.308, s.2)

5. Section 3 of P.L.1999, c.308 (C.39:3-75.3) is amended to read as follows:

3. a. A person who violates the provisions of subsection b. of section 2 of P.L.1999, c.308 (C.39:3-75.2) shall be subject to a fine not exceeding $100; provided, however, if a person charged with [such] a violation can exhibit a certificate or card which was valid on the day [he] the person was charged to the judge of the municipal court before whom [he] the person is summoned to answer the charge, the judge may dismiss the charge. The judge [, however, may] shall not impose court costs.

b. A person who violates the provisions of the regulations adopted pursuant to subsection c. or d. of section 2 of P.L.1999, c.308 (C.39:3-75.2) shall be subject to a fine not to exceed $1,000 for a first offense and not to exceed $5,000 for a second or subsequent offense.

(cf: P.L.1999, c.308, s.3)

6. Section 1 of P.L.2003, c.21 (C.56:8-117) is amended to read as follows:

1. It shall be an unlawful practice for a person engaged in the retail sale and installation of motor vehicle window tinting materials or film to:

a. Sell any [such] tinting material or film without first notifying the purchaser that the application of these materials or film to the windshield or the front windows to the left and right of the driver of any motor vehicle registered in the State is a violation of State law and regulation. The notice required under this paragraph shall be given by the conspicuous posting of a sign at the point where the window tinting materials or film are offered for sale. The sign shall state substantially the following:

"NJ STATE LAW PROHIBITS ADD-ON TINTING ON

WINDSHIELDS AND FRONT SIDE WINDOWS"

The notice required under this paragraph shall not apply to catalog sales of motor vehicle tinting materials or film where the purchase and payment are made by mail, telephone or other telecommunications or electronic method; [or]

b. Install or apply any [such] tinting material or film on or to the windshield or the windows to the left and right of the driver of any motor vehicle registered in the State unless the purchaser exhibits a certificate or card, issued pursuant to P.L.1999, c.308 (C.39:3-75.1 et seq.), authorizing the installation or application of the material or film on or to the windshield or front side windows [to the left and right of the driver] of that [car] vehicle for medical reasons involving ophthalmic or dermatologic photosensitivity, or the purchaser is a State or local law enforcement entity; or

c. Install or offer to install window tinting materials or film on a motor vehicle without registering pursuant to subsection d. of section 2 of P.L.1999, c.308 (C.39:3-75.2).

(cf: P.L.2003, c.21, s.1)

7. Section 2 of P.L.2003, c.21 (C.56:8-118) is amended to read as follows:

2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall:

a. Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of [this act] P.L.2003, c.21 (C.56:8-117 et seq.); and

b. Develop and undertake a public information program to:

(1) inform persons engaged in the retail sale and installation of motor vehicle window tinting materials and film and the general public of the provisions of [this act] P.L.2003, c.21 (C.56:8-117 et seq.) and P.L.1999, c.308 (C.39:3-75.1 et seq.); and

(2) in consultation with the Superintendent of State Police, educate drivers concerning the restrictions on and penalties for installing window tinting materials in violation of R.S.39:3-74 and P.L.1999, c.308 (C.39:3-75.1 et seq.).

(cf: P.L.2003, c.21, s.2)

8. This act shall take effect on the first day of the third month next following the date of enactment.

STATEMENT

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 applicant approved to apply tinting material for medical purposes is issued a certificate or card that is valid for a period of up to 48 months. This card is 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.