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A4233
ASSEMBLY, No. 4233
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� LISA SWAIN
District 38 (Bergen)
SYNOPSIS
���� Clarifies permissible motor vehicle window tint;
requires inspection.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning motor vehicle window tint and
amending various parts of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.39:3-74 is amended
to read as follows:�
���� 39:3-74.� Every motor vehicle
having a windshield shall be equipped with at least one device in good working
order for cleaning rain, snow
,
or other moisture from the windshield
[
so as
]
to provide
clear vision for the driver, and all
[
such
]
of these
devices shall be so constructed and installed as to be operated or controlled
by the driver.
����
[
No
]
A
person shall
not
drive
[
any
]
a
motor vehicle with any sign, poster, sticker
,
or other non-transparent
material upon the front windshield, wings, deflectors, side shields, corner
lights adjoining windshield
,
or front side windows of
[
such
]
the
vehicle other than a certificate or other article required to be
[
so
]
displayed by
statute or by regulations of the
[
commissioner
]
chief
administrator
.
����
[
No
]
A
person shall
not
drive
[
any
]
a
vehicle so constructed, equipped
,
or loaded as to unduly interfere with
the driver�s vision to the front and to the sides.
����
A person shall not drive a
motor vehicle with any tinted material on the windshield or the front side
windows to the left and right of the driver, except as applied to the top six
inches of the windshield or above the AS-1 marking on the windshield or as
authorized pursuant to P.L.1999, c.308 (C.39:3-75.1 et seq.).
(cf:� R.S.39:3-74)
���� 2.��� R.S.39:8-1 is amended to
read as follows:�
���� 39:8-1. �a.� Every motor
vehicle registered in this State
[
which
]
that
is used over any public road, street, or highway or
over
any public or
quasi-public property in this State, and every vehicle subject to enhanced
inspection and maintenance programs pursuant to 40 C.F.R. s.51.356, except
motorcycles, historic motor vehicles registered as such, collector motor
vehicles designated as such pursuant to this subsection, and those vehicles
over 8,500 pounds gross weight that are under the inspection jurisdiction of the
commission pursuant to Titles 27 and 48 of the Revised Statutes, shall be
inspected by designated inspectors or at official inspection facilities to be
designated by the commission or at licensed private inspection facilities.�
Passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27
,
and noncommercial trucks registered in accordance with section 2 of P.L.1968,
c.439 (C.39:3-8.1) or R.S.39:3-27
,
inspected pursuant to this section
shall only be inspected for
permissible motor vehicle tint of a motor
vehicle�s windshield and front side windows to the left and right of the driver
pursuant to R.S.39:3-74 and for
emissions and emission-related items such
as emission control equipment and on-board diagnostics.� The commission shall
adopt rules and regulations establishing a procedure for the designation of
motor vehicles as collector motor vehicles, which designation shall include
consideration by the commission of one or more of the following factors:� the
age of the vehicle, the number of such vehicles originally manufactured, the
number of such vehicles that are currently in use, the total number of miles
the vehicle has been driven, the number of miles the vehicle has been driven
during the previous year or other period of time determined by the commission,
and whether the vehicle has a collector classification for insurance purposes.
���� b.��� The commission shall
determine the official inspection facility or private inspection facility at
which a motor vehicle, depending upon its characteristics, shall be inspected.�
The commission, with the concurrence of the Department of Environmental Protection,
may exclude by regulation from this inspection requirement any category of
motor vehicle if good cause for
[
such
]
exclusion
exists, unless the exclusion is likely to prevent
[
this
]
the
State from meeting
the applicable performance standard established by the United States
Environmental Protection Agency.� The commission may determine that a vehicle
[
is in
compliance
]
complies
with the inspection requirements of this section if the vehicle
has been inspected and passed under a similar inspection program of another
state, district, or territory of the United States.
(cf:� P.L.2010, c.29, s.1)
���� 3.��� R.S.39:8-3 is amended to
read as follows:�
���� 39:8-3.� a.�
[
No
]
A
certificate of approval shall
not
be issued by an examiner, official
inspection facility
,
or private inspection facility until the motor
vehicle inspected successfully passes inspections for emissions and
emission-related items such as emission control equipment and on-board
diagnostics required by the chief administrator and the mechanism, brakes
,
and equipment of the motor vehicle inspected have been found to be in a proper
and safe condition and complying with the laws of this State.�
A certificate
shall not be issued unless the motor vehicle�s windshield and front side
windows to the left and right of the driver comply with permissible motor
vehicle window tint requirements pursuant to R.S.39:3-74.
���� b.��� Notwithstanding
subsection a. of this section, passenger automobiles registered in accordance
with R.S.39:3-4 or R.S.39:3-27
,
and noncommercial trucks registered in
accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27
,
that are only inspected for
permissible motor vehicle tint of a motor
vehicle�s windshield and front side windows to the left and right of the driver
pursuant to R.S.39:3-74 and for
emissions and emission-related items such
as emission control equipment and on-board diagnostics pursuant to R.S.39:8-1
and that successfully pass
[
such
]
these
inspections shall be issued a certificate of approval.
���� c.���� Notwithstanding the
issuance or non-issuance of a certificate of approval, the obligation to ensure
that a vehicle is in a proper and safe condition rests with the owner, operator
,
or lessee, as appropriate, of the vehicle.
(cf:� P.L.2010, c.29, s.3)
���� 4.��� This act shall take
effect on the first day of the third month next following enactment.
STATEMENT
���� This bill amends current law
to clarify that a person is prohibited from operating a vehicle with tinted
material applied on the windshield and front side windows to the left and right
of the driver (front side windows), except for the top portion of the
windshield and as authorized for a person with ophthalmic or dermatologic
photosensitivity pursuant to State law.
���� Additionally, the bill
requires a vehicle to comply with permissible window tint requirements for
issuance of an inspection certificate.� Current law limits the inspection of
passenger automobiles and noncommercial trucks to emissions and emission-related
items.� The bill expands these inspections to include the inspection of
windshield and front side windows of passenger automobiles and noncommercial
trucks for permissible window tint.� Under the bill, an inspection certificate
is to be issued to a passenger automobile or noncommercial truck if the vehicle
successfully passes the inspection.