 |
| Home | Who Uses Trek | Cars | Homes | Commercial | Safety & Security | Law | Contact Us |
Why Window Tinting is Legal In Pennsylvania
Window Tinting is Legal
in Pennsylvania because neither the
Statute,
which the legislature has enacted according to the will of the people, nor
the
Regulation,
which the Administration has passed to clarify the law, prohibit it.
TITLE 75 Section 4524 (e)(1)
of the Pennsylvania Common Statutes
states that
(1) No person shall drive any motor vehicle with any sun screening device or
other material which does not permit a person to see or view the inside of
the vehicle through the windshield, side wing or side window of the vehicle.
Note that the law only prohibits tinting which prevents a person from seeing
or viewing the inside of the vehicle. It does not prohibit all tinting or
tinting below 70%.
The Law therefore implicitly permits any tinting which does not prevent a
person from seeing or viewing the inside of the vehicle.
IS SAFETY WINDOW FILM WITH TRANSMITTANCE LESS THAN 70% LEGAL IN
PENNSYLVANIA?
Here's a quick reference chart that shows the various arguments about
whether tint below 70% is legal in Pennsylvania.
It's up to you to decide whether we are ruled by Statutes, Laws, Federal
Safety Standards, and State Inspection Regulations, on the one hand, or by
Safety Bulletins, Newspaper Articles, and New Table Xs on the other.
Since all the PA Statutes or Regulations permit tinting below 70%, then it
IS NOT ILLEGAL.
Even the Bureau of Motor Vehicles, speaking on behalf of the Secretary of
Transportation,
agrees that nothing in the PA STATUTE, the PA CODE, or the INSPECTION
REGULATIONS prohibits tint, but that it is only . . .
"... the Department's interpretation
that FMVSS 205...only allows window tinting that permits 70% or more light
to transmit through the window."
Summary of Legislation relating to window tinting in Pennsylvania
The Pennsylvania STATUTE
This is the actual LAW passed by the PA Legislators in response to the will
of the people. If an officer cites you, this is the law that he will
probably accuse you of violating!
TITLE 75 Section 4524 (e)(1)
of the Pennsylvania Common Statutes states that
(1) No person shall drive any motor vehicle with any
sun screening device or other material which does not permit a person to see
or view the inside of the vehicle through the windshield, side wing or side
window of the vehicle.
Note that the law only prohibits tinting
which prevents a person from seeing or viewing the
inside of the vehicle. It does not prohibit all
tinting or tinting below 70%. The Law therefore implicitly permits any
tinting which does not prevent a person from seeing or viewing the inside of
the vehicle.
Note also that it does NOT say that a person must be
able to view the inside of the vehicle, only that the tint cannot prevent a
person from seeing in. (no one can see into a vehicle at night, even with
clear windows) Also the way the law is stated it is only requiring that a
person be able to see the inside either through the windshield, side wing OR
side window. If the word 'and' was used instead of 'or' it would require
viewing through all of the mentioned windows.
A PennDOT Administrative Rule - TITLE 67 CHAPTER 175-67 (d)(4)
PennDOT is only permitted to make rules 'consistent
with and in furtherance' of the actual PA Laws." To prohibit something
permitted by the Law would NOT
be consistent with the law. In accordance with that maxim the
PA ADMINISTRATIVE CODE TITLE 67 - CHAPTER 175.67 (d)(4)
states that
A sun screening device or other material which does
not permit a person to see or view the inside of the vehicle is prohibited,
unless otherwise permitted by FMVSS No. 205...
In other words, as long as tinting is 'permitted by FMVSS No. 205', then it
is NOT PROHIBITED by either the PA STATUTE or the PA ADMINISTRATIVE CODE
written to clarify the Statute.
FEDERAL MOTOR VEHICLE SAFETY STANDARD
FMVSS205
- Such Standards are incorporated by reference into State Law - However,
FMVSS205 does not prohibit window tinting or specify percentages of
transmittance. It does mention (Section 5.1.1) that windows must conform to
American National Standard
ANS Z-26.
Conformance with FMVSS205 is also required by the other States, even though
many also explicitly allow tint
as low as 30%.
So obviously, neither the FMVSS205 nor the PA Code Administrative Code
actually prohibits tinting below 70%.
American National Standard Z-26
does not prohibit window tinting below a certain percentage. It does define
a test (section 5.2.3) in which certain glazing materials shall show...
transmittance of not less than 70%.., but a footnote says 'See Section 4 and
Table 1 for locations in vehicles where glazing material complying with this
test is required'.
The referenced sections and tables DO NOT say that such glass is required
for driver and passenger windows. It only says that 'material complying with
the following [tests] 'may be used anywhere in a motor vehicle.' It DOES NOT
say 'must be used', or even 'shall be used.' And the context makes it clear
that glass for these locations NEED NOT pass all of the tests mentioned!
Prohibitive language is used elsewhere in the Standard where the intention
is to prohibit use of specific materials, but not in reference to light
transmittances of windows!
Any restrictions made by this Standard apply to ALL WINDOWS, not just
after-market safety window film! Neither Police nor PennDOT can recommend
only enforcing a law against a select group of people!
Pennsylvania Bulletin Vol 26. No. 39 (Sept. 96)
This is a 'legal newspaper' where new rules and regulations are printed and
distributed. This issue promulgates various new rules and amendments for 67
PA Code 175 (the PennDOT rules) and Inspection Regulations.
Although it mentions a desire to clarify the rules based on inquiries from
District Justices and Police, there is nowhere in the new rules and
amendments where it specifically prohibits window tinting that does not
violate the actual PA Statute 4524 (e)(1).
Department of Transportation Safety Bulletin BI96-7 (Oct. '96)
This was specifically addressed only to "Official Inspection Stations" and
"Pennsylvania State Police Inspection Station Supervisors"
It clearly states that it is only a **SAFETY BULLETIN** but it has been
distributed to police stations throughout the state in an effort to
misinform the police about the law. It includes a 'New Table X' designed for
inspection station owners to share with their customers, which some police
think is actually a new Law
that THEY can enforce
because the Garagemen just didn't want to be bothered with it!
NOTE: Don't get the 'new Table X' mixed up with the original Table X, which
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 Regulations and applicable Tables!
CONCLUSION
Despite the confusing rules, regulations, and standards presented by the
Police and PennDOT in an attempt to supersede the Laws of Pennsylvania, the
following remains true.
The
PA STATUTE
(the actual law) only prohibits tinting which
Trek Glass Tinting 415 Baltimore Pike Morton, PA 19070 Directions to Trek Glass Tinting
| |||||||||||||||||||||||||