Wednesday, 13 June 2012

Window Tinting - Philadelphia Personal Injury Lawyer

There is a lot of confusion and outright hostility with PA drivers who want to tint their vehicle windows. I have personally been involved in a car accident lawsuit in Pennsylvania where a client is pulled-over for this very reason, and even one Pennsylvnai car accident case where the officer made the driver peel the tint off of his windows right on the highway!

Unlike other States, which explicitly state a percentage in their law, Pennsylvania does not. Therefore it is necessary to make a ?reasonable? estimate. Below is the law in regards to window tinting in PA:

Tinting with a transmittance level below 25% may not permit a view of the vehicle interior, thus making it ILLEGAL tinting under Pennsylvania Law, as of the date of this writing. Therefore the term ?Legal Tint? refers to tint with transmittance above 25%, that conforms with all applicable Pennsylvania Statutes and Regulations.

PA Law / Statute

TITLE 75 of PA STATUTES ? 4524 (e)(1) is the law, and it does NOT prohibit tint unless it ?does not permit a person to see or view the inside of the vehicle through the windshield, side wing or side window of the vehicle.??According to this PA Law all other tint is legal.

PA Regulation that clarifies the Statute!

PA ADMINISTRATIVE CODE TITLE 67 ? CHAPTER 175.67 (d)(4)? ? some tint is prohibited, but NOT tinting ?otherwise permitted by FMVSS No. 205?.?So it stands to reason that as long as your vehicle window tint is permitted by FMVSS 205, then?it is legal in Pennsylvania,?according to the PA Regulation. You may have to convince the authorities of that, though.

Sections of the Pennsylvania Motor Vehicle Code and the Motor Vehicle Inspection Regulations that deal with sun screening products:

Note that only sunscreening ?which does not permit a person to see or view the inside of the vehicle? is prohibited. Police are interpreting that to mean that light transmittance must be above 70%, even though the actual law says no such thing!

If (e)(1) prohibited all sun screening below 70%, then even out-of-state drivers who complied with all State and Federal Laws would be prohibited from driving in Pennsylvania!

Window tinting with transmittances between 27% and 50% is legal in almost every state in the US. ?Pennsylvania is attempting to make it illegal. Can PA prohibit cars from the other states from driving into it? If the Federal Government and other states permit something related to interstate commerce, Pennsylvania cannot restrict window tinting in this manner.

The inspection regulations, in accordance with the Vehicle Code, do not prohibit sun-screening unless you cannot see through it.

A 1996 Update put out by the DMV admits they cannot compel inspection stations to reject windows with transmittance under 70%. So they?re trying to compel citizens to obey this non-LAW, even if it means illegally forcing them to damage their property or spend money fighting citations.

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