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Definitions
In America, we are supposed to be ruled by laws, and laws are made up of words. Our legislatures carefully choose the words when passing laws in an effort to make the written law as clear as possible.
Despite these efforts, there will always be a degree of uncertainty as to exactly what these words mean. That's what makes the job of lawyers and courts so difficult.
Definition of "Material which does not permit a person to see or view the inside of the vehicle"
One cannot mistakingly apply the definition of the CODE to the STATUTE and come to the false conclusion that that tinting below 70% is prohibited. The CODE makes an explicit exception for tinting "permitted by FMVSS205."
| PA STATUTE
OR LAW TITLE 75 - CH 4524 (e)(1) |
PA
ADMINISTRATIVE CODE TITLE 67 - CH 175.67 (d)(4) |
|---|---|
| Definitions for this Statute - Here there is NO definition for "material which does not permit a person to see or view the inside." | Definitions for this CODE - As stated expicitly, these definitions ONLY APPLY when used in this chapter, NOT to the actual Statute. |
| Therefore it means exactly what it says! "material which does not permit a person to see or view the inside." | The Code does appear to prohibit, according to it's own definition, material less than 70%, but it makes an explicit exception; "unless otherwise permitted by FMVSS205." |
| The PA Statute only prohibits tint which "does not permit a person to see or view the inside..." | Because FMVSS205 does not prohibit tint less than 70%, the CODE does not either. |
Conspiracy- when two or more people or organizations make arrangements to act illegally and deprive others of their rights or property granted under the law.
Extortion - using the threat of force or violence to intimidate others into paying money, when no lawful reason exists for making such a demand.
Hoodlum - a hoodlum is a person who, with total disregard for moral principles, laws, and the rights of others, attempts to deprive another person of his property, time, money, or health by force or threat of violence. Hoodlums generally carry weapons to ensure that they will be able to threaten others. They often make up their own rules in contradiction to the rightful laws of the land. Showing a hoodlum a copy of the law is generally ineffective at preventing him from illegally forcing his will upon you.
law - In America, the 'law' generally refers to the written and published statutory regulations passed by the legislature of the Federal Government, States, and local authorities. Such laws represent the will of the people. Administrative Codes and rules and regulations of other agencies are not the same as the Law, and they cannot contradict the actual Laws passed by the people.
Legal Tint in PA - "Tint conforming with all PA Statutes, Regulations, and FMVSSs.
The New Table X was included in a Safety Bulletin sent to Inspections Stations. It specifically says that it is a 'New Table X' and that it is only "for them to share with their customers." Some police think it's actually a new law!
The Original Table X is part of the Inspection Regulations to be followed by Inspection Stations. When the State places a valid Inspection Sticker on your vehicle they certify that your vehicle complies with all of the Regulations and Tables.
officer of the law - a person duly appointed to enforce the written Laws. When police protect our rights under the laws, they are acting as 'officers of the Law'. When they ignore our rights under the law, and act according to their own preferences, they are violating their sworn duty to act as 'officers of the law'.
transparent - if something is 'transparent', it means that light CAN pass through it such that an object can be seen or viewed on the other side. Windows that are opaque, smoked, tinted, or colored are STILL transparent if a person can see or view something behind them.
Democracy - Balance of Powers
In order to prevent a dictatorship or a police state, the founding fathers of the United States formed three branches of government, each with certain responsibilities.
Legislative - Makes Laws based on the will of the people.
Executive - Sees that the laws are enforced - they can make additional rules and regulations, but only if they are in accordance with the Laws passed by the people.
Judicial - Decides whether someone has really broken the Laws passed by the people.
TITLE 75 of PA STATUTES - 4524 (e)(1) is a Statute (Law) of Pennsylvania. It was enacted into law by the Legislature, representatives of the people. It only prohibits sun-screening which "does not permit a person to see or view the inside of the vehicle."
The PA ADMINISTRATIVE CODE TITLE 67 - CHAPTER 175.67 (d)(4) was written by the Executive branch to help clarify the law. It can only make regulations 'in furtherance on the Statute' and not to further restrict the Statute. In any case it does not restrict tinting allowed by FMVSS205
This was the purpose setting up three branches of government; to create a 'balance of power' that would prevent agencies from making up rules that violated the will of the people.
If the people really wanted to prohibit sun-screening with transmittance below 70%, the law would simply say so!
It the people really wanted to prohibit ALL Sun-screening (which is effectively what the Dept. of Trans. is doing), the law would simply say that!
Police are supposed to enforce Laws passed by the people, not Safety Bulletins and New Table Xs sent to Inspection Stations for them to share with their customers that are clearly in Violation of the Laws!