In most states, the tint on vehicle windows is a matter of safety--that of the motorist and of the officer who may stop the vehicle for an unrelated violation. Enforcing the state law for window tints is difficult enough, but out-of-state vehicles add the complexity of another equipment code to the mix. To cite or not to cite becomes a challenge to both the officer's discretion and motorist's patience.

Points of View

As any officer knows, there is good reason for window tint regulations. Motorists, who have not seen the training films or read the reports, don't understand officer vulnerability. Many motorists, particularly young ones, see window tinting as something to "trick out" their "ride," not as a way to conceal illegal activity or weapons. Unfortunately, the officer who stops a vehicle for speeding or erratic motion at 2 a.m. has no way of knowing whether the occupant of the vehicle is a 19-year-old driving through on the way to visit old Aunt Maude on her death bed or some felon engaged in a dangerous illegal activity. Considerable time has been spent training officers how to approach a vehicle with heavily tinted windows and use tint meters to determine compliance. Whether or not to arrest or even cite the motorist is, however, a confusing matter when dealing with out-of-state drivers.

Department Policy and the Law

Most police departments have policies regarding equipment violations (tinting is customarily a non-moving violation) and warning notices. If a warning is given, it should probably be written simply to preserve a record of the encounter. "Five day" citations and other orders to remedy are often an exercise in futility, unless the motorist drives through the state frequently. If a department does not have a coherent policy on tint violations on out-of-state vehicles, it might be a good idea to bring it up to a supervisor or ask the city attorney's office what the options are.

Original Equipment and Aftermarket

Another consideration in enforcement of a tint violation on an out-of-state vehicle is whether the tint is original equipment on the car or an addition after it left the factory floor. Manufacturers usually tint visors, windshields and other surfaces to conform to the state or region in which the car is sold. With the wide variety of state laws on this topic, manufacturers have little guidance and try to tint in a way that will be attractive to consumers and meet the greatest number of codes. The question is simpler if the tint is a factory-applied coloring that conforms to the home state's code; the motorist should be warned. It is aftermarket tinting that creates the confusion. In the end, the officer, after looking to the issue of personal safety, must use common sense, knowledge of the laws and department policy to decide whether to warn, issue an equipment violation or write a citation.

Source:

Window Tint Glossary

Ask A Cop

Law Enforcement Varies on Tinting

Resource:

Tint Law Database

Findlaw State Laws on Tinting