AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TINTING OF MOTOR VEHICLE WINDSHIELD, WINDOWS, OR SIDE WINGS.

Legislation Document

SPONSOR:

Sen. Buckson & Rep. Yearick

Sens. Hoffner, Pinkney, Wilson; Reps. Gray, D. Short

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 255

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TINTING OF MOTOR VEHICLE WINDSHIELD, WINDOWS, OR SIDE WINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4313, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4313. Safety glass — Federal safety standards applicable to windshield, front side

windows

window,

and side wings; window tinting.

(a)

No person shall

Subject to subsections (b) through (f) of this section, it is unlawful to

operate

any

a

motor vehicle on

any

a

public highway,

road

road,

or street

with

if

the

front

windshield,

the

side windows to the immediate right and left of the

driver and/or

driver,

side wings forward of and to the left and right of the

driver that

driver, side windows behind the driver, or the rear window

do not meet the requirements of Federal Motor Vehicle Safety Standard 205

, 49 C.F.R. 571.205, which is

in effect at the time of

its

the motor vehicle’s

manufacture.

(b)

Nothing in this section shall prohibit the use of any products or materials

Window tint or other material may be applied

along the top edge of

the

a motor vehicle’s

windshield

so long as such products or materials are

if the window tint or other material is

transparent and

do

does

not encroach

upon

on

the AS-1 portion of the windshield as provided

by FMVSS 205 and [former] FMVSS 128.

under Federal Motor Vehicle Safety Standard 205, 49 C.F.R. 571.205.

(c)

(1)

No person shall operate any motor vehicle on any public highway, road or street which does not conspicuously display a certificate by the manufacturer of any “after manufacture” window tinting material which may have been installed that such window tinting material meets the requirements of FMVSS 205 in effect at the time of the vehicle’s manufacture. It shall be a valid defense to any charge under this subsection if the person so charged produces in court a validated mandatory inspection notice showing that the Division of Motor Vehicles has examined the motor vehicle since the date of offense and certifies compliance with FMVSS 205.

Window tint or other material may be applied to the side windows to the immediate right and left of the driver and side wings forward of and to the left and right of the driver, if the window tint or other material has a visible light transmission of 50% or greater.

(2) Window tint or other material having a visible light transmission of 0% or greater may be applied to the side windows behind the driver or the rear window.

(d)

No person shall be convicted under this section if that

A person is not in violation of this section if the

person possesses a statement signed by a licensed practitioner of medicine and

surgery or

surgery,

osteopathic

medicine

medicine,

or optometry verifying that tinted windows are medically necessary for the owner or usual operator of

said

the motor

vehicle.

(e) This section

shall

does

not apply to anodized glass which is correctly installed in the windshield and windows of an antique motor vehicle or street rod, as

such are

defined

in

under

§§ 2196 and 2197 of this

title

title,

or of a motor vehicle validly insured under an antique,

classic

classic,

or street rod designated motor vehicle insurance policy that covers the motor vehicle,

pursuant to

under

§ 2118 of this title.

(f)

This section shall not apply to any police K-9 unit vehicles, or any surveillance vehicles operated by a “police officer,” as defined under § 8401 of Title 11. This exception shall not apply to marked vehicles, except for police K-9 unit vehicles, or those unmarked vehicles used primarily for regular duty patrols.

This section does not apply to a vehicle operated by a law-enforcement officer, as “law-enforcement officer” is defined under § 222 of Title 11

SYNOPSIS

Currently, window tint or other material placed on the front side windows of a motor vehicle must have a visible light transmission of 70% or greater unless the vehicle’s owner has a statement signed by a licensed practitioner of medicine and surgery or osteopathic medicine or optometry verifying that tinted windows are medically necessary. Currently, there is not a visible light transmission requirement for the side windows behind the driver or the rear window.

This Act is a substitute for Senate Bill No. 255. Like Senate Bill No. 255, this Act does all of the following:

(1) Changes the visible light transmission requirement for window tint or other material placed on the front side windows.

(2) Clarifies that there is not a visible light transmission requirement for the side windows behind the driver or the rear window.

(3) Clarifies the exception for vehicles operated by a law-enforcement officer by exempting these vehicles from this law.

This Act differs from Senate Bill No. 255 by changing the visible requirement for window tint or other material placed on the front side windows, and side wings, from 35% or great to 50% or greater.

Author: Senator Buckson