Getting pulled over for tint in another state

[o2k]

I just got pulled over in Virginia for my dark windows but my car is registered in New York State. Is this legal? Can they give me a ticket? I do have a medical reason for my windows but I do not want to get pulled over repeatedly. The officer did not give me a ticket he let me go after looking at my drivers license. This is just for my curiosity. The officer was actually very nice.

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[oneslo5.0]

If you have a waiver I don't see how they can, I can't be stopped in Maryland for not having a front plate as MY state that the car is registered in doesn't require it.

Odds are the cop just wanted in the car.

 

[BAMM BAMM]

Why would you say "odds are the cop just wanted in the car"? How was he supposed to know about any supposed waiver??

 

[silver03svt]

This has been discussed in length many time before here in the Donut Shop. I am a 14 year veteran of the Virginia State Police. Yes, the officer can legally stop you AND write you for your tint, even though your car is not registered in VA. He/she would NOT know about the medical waiver until they stopped you. Even with the waiver, tint cannot be darker than the allowable limit. Please see the entire code section below. The red higlighted area is what gives VA LEO the probable cause to stop you. The law here is NOT limited to VA registered vehicles only. And yes, many states have similar laws written this way.

§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.

A. Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the Superintendent to be placed on a motor vehicle's windshield or window.

The size of stickers or decals used by counties, cities, and towns in lieu of license plates shall be in compliance with regulations promulgated by the Superintendent. Such stickers shall be affixed on the windshield at a location designated by the Superintendent.

B. Notwithstanding the foregoing provisions of this section, whenever a motor vehicle is equipped with a mirror on each side of such vehicle, so located as to reflect to the driver of such vehicle a view of the highway for at least 200 feet to the rear of such vehicle, any or all of the following shall be lawful:

1. To drive a motor vehicle equipped with one optically grooved clear plastic right-angle rear view lens attached to one rear window of such motor vehicle, not exceeding 18 inches in diameter in the case of a circular lens or not exceeding 11 inches by 14 inches in the case of a rectangular lens, which enables the driver of the motor vehicle to view below the line of sight as viewed through the rear window;

2. To have affixed to the rear side windows, rear window or windows of a motor vehicle any sticker or stickers, regardless of size; or

3. To drive a motor vehicle when the driver's clear view of the highway through the rear window or windows is otherwise obstructed.

C. Except as provided in § 46.2-1053, but notwithstanding the foregoing provisions of this section, no sun-shading or tinting film may be applied or affixed to any window of a motor vehicle unless such motor vehicle is equipped with a mirror on each side of such motor vehicle, so located as to reflect to the driver of the vehicle a view of the highway for at least 200 feet to the rear of such vehicle, and the sun-shading or tinting film is applied or affixed in accordance with the following:

1. No sun-shading or tinting films may be applied or affixed to the rear side windows or rear window or windows of any motor vehicle operated on the highways of this Commonwealth that reduce the total light transmittance of such window to less than 35 percent;

2. No sun-shading or tinting films may be applied or affixed to the front side windows of any motor vehicle operated on the highways of this Commonwealth that reduce total light transmittance of such window to less than 50 percent;

3. No sun-shading or tinting films shall be applied or affixed to any window of a motor vehicle that (i) have a reflectance of light exceeding 20 percent or (ii) produce a holographic or prism effect.

Any person who operates a motor vehicle on the highways of this Commonwealth with sun-shading or tinting films that (i) have a total light transmittance less than that required by subdivisions 1 and 2 of this subsection, (ii) have a reflectance of light exceeding 20 percent, or (iii) produce holographic or prism effects shall be guilty of a traffic infraction but shall not be awarded any demerit points by the Commissioner for the violation.

Any person or firm who applies or affixes to the windows of any motor vehicle in Virginia sun-shading or tinting films that (i) reduce the light transmittance to levels less than that allowed in subdivisions 1 and 2 of this subsection, (ii) have a reflectance of light exceeding 20 percent, or (iii) produce holographic or prism effects shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.

D. The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determine the proper standards for equipment or devices used to measure light transmittance through windows of motor vehicles. Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the Division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven percentage points.

E. No film or darkening material may be applied on the windshield except to replace the sunshield in the uppermost area as installed by the manufacturer of the vehicle.

F. Nothing in this section shall prohibit the affixing to the rear window of a motor vehicle of a single sticker no larger than 20 square inches if such sticker is totally contained within the lower five inches of the glass of the rear window, nor shall subsection B of this section apply to a motor vehicle to which but one such sticker is so affixed.

G. Nothing in this section shall prohibit applying to the rear side windows or rear window of any multipurpose passenger vehicle or pickup truck sun-shading or tinting films that reduce the total light transmittance of such window or windows below 35 percent.

H. As used in this article:

"Front side windows" means those windows located adjacent to and forward of the driver's seat;

"Holographic effect" means a picture or image that may remain constant or change as the viewing angle is changed;

"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use;

"Prism effect" means a visual, iridescent, or rainbow-like effect that separates light into various colored components that may change depending on viewing angle;

"Rear side windows" means those windows located to the rear of the driver's seat;

"Rear window" or "rear windows" means those windows which are located to the rear of the passenger compartment of a motor vehicle and which are approximately parallel to the windshield.

I. Notwithstanding the foregoing provisions of this section, sun-shading material which was applied or installed prior to July 1, 1987, in a manner and on which windows not then in violation of Virginia law, shall continue to be lawful, provided that it can be shown by appropriate receipts that such material was installed prior to July 1, 1987.

J. Where a person is convicted within one year of a second or subsequent violation of this section involving the operation of the same vehicle having a tinted or smoked windshield, the court, in addition to any other penalty, may order the person so convicted to remove such tinted or smoked windshield from the vehicle.

K. The provisions of this section shall not apply to law-enforcement vehicles.

L. The provisions of this section shall not apply to the rear windows or rear side windows of any ambulance, rescue squad vehicle, or any other emergency medical vehicle used to transport patients.

M. The provisions of subdivision C 1 of this section shall not apply to sight-seeing carriers as defined in § 46.2-2000 and contract passenger carriers as defined in § 46.2-2000.

(Code 1950, § 46-295; 1958, c. 541, § 46.1-291; 1970, c. 16; 1978, c. 233; 1981, cc. 17, 626; 1985, c. 160; 1987, cc. 298, 315; 1988, c. 751; 1989, c. 727; 1991, cc. 100, 328; 1993, c. 808; 1994, c. 118; 1997, cc. 744, 880; 1998, c. 133; 1999, c. 75; 2004, c. 613; 2008, c. 189.)

 

[oneslo5.0]

Why would you say "odds are the cop just wanted in the car"? How was he supposed to know about any supposed waiver??

Why? Because it's a very solid PC reason to talk to the driver, found out everything was on the up and up and sent him on his way.....

And it's registered to the car, in the state of DE it comes up when you run the plate.

 

[o2k]

This has been discussed in length many time before here in the Donut Shop. I am a 14 year veteran of the Virginia State Police. Yes, the officer can legally stop you AND write you for your tint, even though your car is not registered in VA. He/she would NOT know about the medical waiver until they stopped you. Even with the waiver, tint cannot be darker than the allowable limit. Please see the entire code section below. The red higlighted area is what gives VA LEO the probable cause to stop you. The law here is NOT limited to VA registered vehicles only. And yes, many states have similar laws written this way.

§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.

A. Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the Superintendent to be placed on a motor vehicle's windshield or window.

The size of stickers or decals used by counties, cities, and towns in lieu of license plates shall be in compliance with regulations promulgated by the Superintendent. Such stickers shall be affixed on the windshield at a location designated by the Superintendent.

B. Notwithstanding the foregoing provisions of this section, whenever a motor vehicle is equipped with a mirror on each side of such vehicle, so located as to reflect to the driver of such vehicle a view of the highway for at least 200 feet to the rear of such vehicle, any or all of the following shall be lawful:

1. To drive a motor vehicle equipped with one optically grooved clear plastic right-angle rear view lens attached to one rear window of such motor vehicle, not exceeding 18 inches in diameter in the case of a circular lens or not exceeding 11 inches by 14 inches in the case of a rectangular lens, which enables the driver of the motor vehicle to view below the line of sight as viewed through the rear window;

2. To have affixed to the rear side windows, rear window or windows of a motor vehicle any sticker or stickers, regardless of size; or

3. To drive a motor vehicle when the driver's clear view of the highway through the rear window or windows is otherwise obstructed.

C. Except as provided in § 46.2-1053, but notwithstanding the foregoing provisions of this section, no sun-shading or tinting film may be applied or affixed to any window of a motor vehicle unless such motor vehicle is equipped with a mirror on each side of such motor vehicle, so located as to reflect to the driver of the vehicle a view of the highway for at least 200 feet to the rear of such vehicle, and the sun-shading or tinting film is applied or affixed in accordance with the following:

1. No sun-shading or tinting films may be applied or affixed to the rear side windows or rear window or windows of any motor vehicle operated on the highways of this Commonwealth that reduce the total light transmittance of such window to less than 35 percent;

2. No sun-shading or tinting films may be applied or affixed to the front side windows of any motor vehicle operated on the highways of this Commonwealth that reduce total light transmittance of such window to less than 50 percent;

3. No sun-shading or tinting films shall be applied or affixed to any window of a motor vehicle that (i) have a reflectance of light exceeding 20 percent or (ii) produce a holographic or prism effect.

Any person who operates a motor vehicle on the highways of this Commonwealth with sun-shading or tinting films that (i) have a total light transmittance less than that required by subdivisions 1 and 2 of this subsection, (ii) have a reflectance of light exceeding 20 percent, or (iii) produce holographic or prism effects shall be guilty of a traffic infraction but shall not be awarded any demerit points by the Commissioner for the violation.

Any person or firm who applies or affixes to the windows of any motor vehicle in Virginia sun-shading or tinting films that (i) reduce the light transmittance to levels less than that allowed in subdivisions 1 and 2 of this subsection, (ii) have a reflectance of light exceeding 20 percent, or (iii) produce holographic or prism effects shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.

D. The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determine the proper standards for equipment or devices used to measure light transmittance through windows of motor vehicles. Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the Division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven percentage points.

E. No film or darkening material may be applied on the windshield except to replace the sunshield in the uppermost area as installed by the manufacturer of the vehicle.

F. Nothing in this section shall prohibit the affixing to the rear window of a motor vehicle of a single sticker no larger than 20 square inches if such sticker is totally contained within the lower five inches of the glass of the rear window, nor shall subsection B of this section apply to a motor vehicle to which but one such sticker is so affixed.

G. Nothing in this section shall prohibit applying to the rear side windows or rear window of any multipurpose passenger vehicle or pickup truck sun-shading or tinting films that reduce the total light transmittance of such window or windows below 35 percent.

H. As used in this article:

"Front side windows" means those windows located adjacent to and forward of the driver's seat;

"Holographic effect" means a picture or image that may remain constant or change as the viewing angle is changed;

"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use;

"Prism effect" means a visual, iridescent, or rainbow-like effect that separates light into various colored components that may change depending on viewing angle;

"Rear side windows" means those windows located to the rear of the driver's seat;

"Rear window" or "rear windows" means those windows which are located to the rear of the passenger compartment of a motor vehicle and which are approximately parallel to the windshield.

I. Notwithstanding the foregoing provisions of this section, sun-shading material which was applied or installed prior to July 1, 1987, in a manner and on which windows not then in violation of Virginia law, shall continue to be lawful, provided that it can be shown by appropriate receipts that such material was installed prior to July 1, 1987.

J. Where a person is convicted within one year of a second or subsequent violation of this section involving the operation of the same vehicle having a tinted or smoked windshield, the court, in addition to any other penalty, may order the person so convicted to remove such tinted or smoked windshield from the vehicle.

K. The provisions of this section shall not apply to law-enforcement vehicles.

L. The provisions of this section shall not apply to the rear windows or rear side windows of any ambulance, rescue squad vehicle, or any other emergency medical vehicle used to transport patients.

M. The provisions of subdivision C 1 of this section shall not apply to sight-seeing carriers as defined in § 46.2-2000 and contract passenger carriers as defined in § 46.2-2000.

(Code 1950, § 46-295; 1958, c. 541, § 46.1-291; 1970, c. 16; 1978, c. 233; 1981, cc. 17, 626; 1985, c. 160; 1987, cc. 298, 315; 1988, c. 751; 1989, c. 727; 1991, cc. 100, 328; 1993, c. 808; 1994, c. 118; 1997, cc. 744, 880; 1998, c. 133; 1999, c. 75; 2004, c. 613; 2008, c. 189.)

Thank you for this information!

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[silver03svt]

Thank you for this information!

Sent from my SCH-I535 using Tapatalk 2

Anytime man.

 

[GRUNT0311]

The above with the statutes is all good knowledge, but basically like it was mentioned it's good PC, I pull cars over all the time to see who's driving and how they react to my approach, now mind you I can't even tell you the last ticket I wrote for somebody who was clean. But If I find a gun or large quantity of drugs, I write a ticket so when it goes to court, it shows I had a valid reason for the stop. Some cops will lock you up for a roach in the ash tray, I'm about big numbers lol.

 

[SweetSVT99]

Iowa can pull over and ticket out of state drivers for window tint as well. Iowa law essentially allows no aftermarket tint on the front side windows, but neighboring Illinois now allows 50% or 35% (depending on what your rear window tint is). It has been a problem for quite a few people that are in compliance with IL law coming into IA.

It seems odd to me that they can enforce something like window tint on vehicles that are registered out of state, when the home state may allow it. It isn't like you can just take it off when you cross state lines.

 

[brys00gt]

I've been on the job up here for 14 years. Our tint law is written the same but it can not be enforced in vehicles that are not registered in this state.

 

[Poppacapp]

VA does this for no other reason than a cash generator.

 

[NastyNate420]

They have PC to pull you over but if you get a ticket for tint it'll be thrown out in court!
I jus roll my windows if i get pull over. police jus want to be able to see in your vehicle for their safety.
It has been a non issue for me.

 

[GRUNT0311]

They have PC to pull you over but if you get a ticket for tint it'll be thrown out in court!
I jus roll my windows if i get pull over. police jus want to be able to see in your vehicle for their safety.
It has been a non issue for me.

+1 to that

 

[65fastback2+2]

Iowa can pull over and ticket out of state drivers for window tint as well. Iowa law essentially allows no aftermarket tint on the front side windows, but neighboring Illinois now allows 50% or 35% (depending on what your rear window tint is). It has been a problem for quite a few people that are in compliance with IL law coming into IA.

It seems odd to me that they can enforce something like window tint on vehicles that are registered out of state, when the home state may allow it. It isn't like you can just take it off when you cross state lines.

Just like my ky registered cars that have no front plate. I can't just throw one on bc I'm driving through a state that requires it

 

[PLTechy]

They have PC to pull you over but if you get a ticket for tint it'll be thrown out in court!
I jus roll my windows if i get pull over. police jus want to be able to see in your vehicle for their safety.
It has been a non issue for me.

Pretty the main reason for the rule is to protect police officers.

 

[Blackness03]

I also roll down my windows when pulled over. 5% on all doors and rear window and it's never been an issue. Sure it's a reason to be pulled over, but I have nothing to hide.

 

[Blueline]

In NJ you can be stopped for equipment violations even if the car is registered out of state, I.E.: no front plate, tinted windows, loud exhaust etc... However you can not be issued for the violation. For example, PA registered car drives through NJ with tinted windows. The car can be stopped, but if everything checks out with the driver, not suspended etc... then he/she is on their way. No summonses can be issued for the tint or other equipment violations.

Hope this helps.

 

[2012GTCS]

You are in the state, you abide by their rules. That is the way it generally works on paper. Most departments I think would use some discretion, especially if you are just passing thru the state. (VA as a known exception, lol. Sorry VA guys, you made a name for yourselves)

In NY we usually do not write summonses for out of state cars with tints. It IS however a reason for a stop. We CANNOT write for expired inspections, etc, from other states. We also have an abundance of people living permanently in NY with these out of state plates.

 

[P Weave]

Whoops

 

[fctrywrkr]

This has been discussed in length many time before here in the Donut Shop. I am a 14 year veteran of the Virginia State Police. Yes, the officer can legally stop you AND write you for your tint, even though your car is not registered in VA. He/she would NOT know about the medical waiver until they stopped you. Even with the waiver, tint cannot be darker than the allowable limit. Please see the entire code section below. The red higlighted area is what gives VA LEO the probable cause to stop you. The law here is NOT limited to VA registered vehicles only. And yes, many states have similar laws written this way.

so why even have a waiver then?


thing that gets me is the several times ive been pulled and given a ticket for tint, the cops car had as dark or darker tint than i did. strictly pulled for the tint, i even got pulled once bc a cop thought the windsheild strip went lower than the AS1 line, which it didn't... so he let me go.

about a month ago i pulled up to a license check, was nice out so i already had the windows down. had my license and registration in hand, handed it to him... he looked, handed em back, said thanks, have a nice day... and as i proceeded to pull off i guess he looked at my little triangle rear window on my 5.0 and saw it was tinted, questioned how dark my side windows were and made me roll up my window and had a meter in his pocket... ive never come to a damn license check and had them giving tickets for tint with a meter on hand, much less in their pocket. meeting that quota i assume. :rolling: