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1996 Update - Sun Screening on Vehicle Windows
This Update issued by the Department of Transportation in 1996 admits that their previous efforts to force inspection stations to reject autos with sun screening, even if they met the criteria of the PA Vehicle Inspection Code, were not capable of being enforced.
Police explain the 1996 Safety Bulletin by asserting that the Inspection Stations just didn't want to be bothered checking for tint, so they asked the State if it would be OK if they passed illegal vehicles, and just let the police enforce that particular Law.
Here's an Expert Officer on the subject.
This Department of Transportation Safety Bulletin was addressed to
Pretty impressive, huh? Notice it's NOT addressed to St. Police traffic enforcement supervisors!
It tells Inspection Station Owners that they can share the Fact Sheet with their customers, and, although not required, they can test their windows to see if they are "in compliance with the provisions of [the NEW] Table X."
It doesn't say cops have probable cause to stop or cite a car for violating it!
ALL OFFICIAL INSPECTION STATIONS
VEHICLE CONTROL DIVISION SUBJECT: VEHICLE SUN SCREENING REGULATION CHANGE Amendments to the Vehicle Equipment and Inspection Regulations were adopted on September 28, 1996. Below is a summary of the impact of these regulation changes on inspection station and vehicle owners.
Although the testing of vehicle windows with a light transmittance meter is not part of the inspection procedure nor cause for rejection, stations may offer window testing, if a meter was purchased, to determine if the light transmittance levels of vehicle windows is in compliance with the provisions of Table X. Enclosed you will find the revised language of the inspection procedures for Subchapters E, F, and H, as well as the new Subchapter O. Due to space limitations, revisions to Subchapters J and L have not been included, but are available upon request. Please note that asterisks (***) indicate existing text in the regulations which remains unchanged. A fact sheet, which you may share with your customers, has also been enclosed. This fact sheet contains the new Table X which you may find useful as a quick reference. You may reproduce the fact sheet or request additional copies from the Vehicle Inspection Division for clarification of the requirements regarding vehicle sun screening. Should you have any questions, please contact the Vehicle Inspection Division at (717) 787-2895.
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Actually this chart is modeled after Table X of Ch. 175 of the PA INSPECTION CODE, which applies only to Inspection Stations and NOT to private citizens or vehicles with valid inspection stickers.
FACT SHEET VEHICLE SUN SCREENING
On September 28, 1996, The Department adopted regulations regarding the use of window tinting (sun screening) on vehicles operated on Pennsylvania highways. These regulations eliminate the sun screening issue from the safety inspection procedure. However, vehicle owners who do not remove sun screening materials which exceed the light transmittance requirements indicated below may be stopped and cited while operating their vehicle on the highway.
The following table is designed to assist you in determining what level of sun screening is acceptable under the new regulations. The percentages listed below represent the total minimum light transmittance permitted. For example, if the minimum light transmittance noted is 70%, this means 70% of the light hitting the window must pass through the window.
(1) A label, permanently installed between the sun screening material and the window to which it is applied, shall contain the name of the material manufacturer or a registration number and the statement, "Complies with VESC-20." (2 ) For the purpose of this fact sheet, multi-purpose passenger vehicles are defined as those which are built on a truck chassis or are specifically designed for occasional off-road use.
Certificates of exemption are available for vehicles which were equipped with unacceptable (window darkening) sun screening products installed prior to September 8, 1984, if the vehicle was registered in Pennsylvania at that time. Medical exemptions are available for the use of colorless sun screening products which filter incoming ultra violet light. Questions regarding sun screening materials may be directed to Kris Singer at (717) 783-9292. Exemption application requests and questions concerning certificates of exemption may be directed to Lori Lubic at (717) 783-5837. September 1996 Bureau of Motor Vehicles, Vehicle Inspection Division, P.O. Box 68697, Harrisburg, PA 17106-8697 |
Internal Police Memo (?) - Here is a copy of what appears to be an internal police memo regarding window tinting enforcement. It states that "after market material will now be legal on the front and front side glass of vehicles as long as the light transmitted to the inside is at least 70% of the outside light." Of course, such tinting always was legal! The law did not change! The law has always permitted you to use sun screening as long as it doesn't prevent a person from seeing the interior of the vehicle.
Notice that the third paragraph says only that "...you will be able to cite for illegal tinting." It does not say that it will hold up in court, or that any law specifically prohibits less than 70%. And as we've seen, the LAW only prohibits tinting that prevents a person from seeing the interior of the vehicle.
On Sept. 5,1996, the Independent Regulatory Review Commission approves Department regulations regarding the use of window tinting (sun screening) on vehicles operated on Pennsylvania highways. These regulations will become effective upon publication in the Pennsylvania Bulletin in October 1996 and will eliminate the sun screening issue from the safety inspection procedure. What this means for law enforcement is that after market material will now be legal on the front and front side glass of vehicles as long as the light transmitted to the inside is at least 70% of the outside light. If you ( law enforcement officers) have some type of light meter to determine the amount of light reduction and discover that it has been reduced beyond the 70%, you will be able to cite for illegal tinting. You will also be able to site if it is not approved tinting which does not display the manufacturer's name and the complying statement. Section 4107 (b2) or 6502 (b) could be used for the enforcement. Otherwise, the only enforcement for aftermarket tinting is where it prevents a person from seeing through the front and front-side glass under Sec.4524 (e) NOTE : AS OF PRINTING NO REQUIREMENT WAS NECESSARY FOR AN "APPROVED LIGHT METER" |
This is the USA where citizens have many rights that are protected by laws. One of those rights in PA is to have sun screening on our windows as long as it doesn't prevent a person from seeing the interior of the vehicle.
Simple enough!
Most people would agree that police should uphold the laws and rights of the people that they are sworn to protect, and not make up and enforce their own preferred rules. It's unfortunate that many police officers are not aware of the actual laws that they're sworn to protect, and are often misled by department policy into illegally detaining and harassing citizens.
If police want the law changed, they should direct their efforts towards changing it. But the law, that police swear to uphold, currently says that we can have tinting as long as it doesn't prevent a person from seeing the interior of the vehicle.
Texas allows sun-screening with transmittance above 35%, Alabama allows anything above 32%, and Indiana as low as 30%. Any lawyer will tell you that PA cannot prohibit a car from another state from driving through our state.