S T A T E O F N E W Y O R K
________________________________________________________________________
798
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, KOLB, FINCH, GIGLIO, BARRA -- Multi-
Sponsored by -- M. of A. ALFANO, CALHOUN, CROUCH, MILLER -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to tinting on
motor vehicle windows and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 12-a of section 375 of the
vehicle and traffic law, as amended by chapter 155 of the laws of 1991,
is amended to read as follows:
(b) No person, UNLESS SUCH PERSON IS A PEACE OFFICER OR LAW ENFORCE-
MENT OFFICER, OR SUCH PERSON, FOR PURPOSES OF A DEMONSTRATED MEDICAL
NECESSITY, REQUIRES THE USE OF LOW LIGHT TRANSMITTING WINDOWS, shall
operate any motor vehicle upon any public highway, road or street:
(1) the front windshield of which is composed of, covered by or treat-
ed with any material which has a light transmittance of less than
[seventy] NINETY percent unless such materials are limited to the upper-
most six inches of the windshield; or
(2) the sidewings or side windows of which on either side forward of
or adjacent to the operator's seat are composed of, covered by or treat-
ed with any material which has a light transmittance of less than
[seventy] NINETY percent; or
(3) [if it is classified as a station wagon, sedan, hardtop, coupe,
hatchback or convertible and any] THE rear side [window] WINDOWS WHICH
ARE COMPOSED OF, COVERED BY, OR TREATED WITH ANY MATERIAL WHICH has a
light transmittance of less than [seventy] NINETY percent; or
(4) the rear window of which is composed of, covered by or treated
with any material which has a light transmittance of less than [seventy]
NINETY percent. A rear window may have a light transmittance of less
than [seventy] NINETY percent if the vehicle is equipped with side
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01525-01-9
A. 798 2
mirrors on both sides of the vehicle so adjusted that the driver thereof
shall have a clear and full view of the road and condition of traffic
behind such vehicle.
S 2. The sum of fifty thousand dollars ($50,000), or so much thereof
as may be necessary, is hereby appropriated out of moneys in the state
treasury in the general fund to the credit of the state purposes
account, not otherwise appropriated, and made immediately available to
the division of criminal justice services for distribution to local law
enforcement agencies for the purpose of purchasing tint meters to carry
out the provisions of this act relating to the seventy percent light
transmittance standard. Such moneys shall be payable on the audit and
warrant of the comptroller on vouchers certified or approved in the
manner prescribed by law.
S 3. This act shall take effect January 1, 2011; provided, however,
the provisions of this act shall not apply to persons operating a 2011
or earlier model year vehicle if the windows on such vehicle were in
conformity with the provisions of paragraph (b) of subdivision 12-a of
section 375 of the vehicle and traffic law as such paragraph existed on
the day preceding the effective date of this act.