Bill Text: VA HB2026 | 2021 | Regular Session | Prefiled
Bill Title: Vehicle window tinting; exempts motor vehicles equipped with side mirrors from prohibition on apply.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-05 - Left in Transportation [HB2026 Detail]
Download: Virginia-2021-HB2026-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-1052, as it is effective and as it shall become effective, and 46.2-1053 of the Code of Virginia are amended and reenacted as follows:
§46.2-1052. (Effective until March 1, 2021) Tinting films, signs, decals, and stickers on windshields, etc.; penalties.
A. As used in this article, unless the context requires a different meaning:
"Front side windows" means those windows located adjacent to and forward of the driver's seat;
"Holographic effect" means a picture or image that may remain constant or change as the viewing angle is changed;
"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use;
"Prism effect" means a visual, iridescent, or rainbow-like effect that separates light into various colored components that may change depending on viewing angle;
"Rear side windows" means those windows located to the rear of the driver's seat;
"Rear window" or "rear windows" means those windows that are located to the rear of the passenger compartment of a motor vehicle and that are approximately parallel to the windshield.
B. Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the Superintendent to be placed on a motor vehicle's windshield or window.
The size of stickers or decals used by counties, cities, and towns in lieu of license plates shall be in compliance with regulations promulgated by the Superintendent. Such stickers shall be affixed on the windshield at a location designated by the Superintendent.
C. Notwithstanding the foregoing provisions of this section, whenever a motor vehicle is equipped with a mirror on each side of such vehicle, so located as to reflect to the driver of such vehicle a view of the highway for at least 200 feet to the rear of such vehicle, any or all of the following shall be lawful:
1. To drive a motor vehicle equipped with one optically grooved clear plastic right-angle rear view lens attached to one rear window of such motor vehicle, not exceeding 18 inches in diameter in the case of a circular lens or not exceeding 11 inches by 14 inches in the case of a rectangular lens, which enables the driver of the motor vehicle to view below the line of sight as viewed through the rear window;
2. To have affixed to the rear side windows, rear window or windows of a motor vehicle any sticker or stickers, regardless of size; or
3. To drive a motor vehicle when the driver's clear view of the highway through the rear window or windows is otherwise obstructed.
D. Except as provided in §46.2-1053, but notwithstanding the foregoing provisions of this section, no sun-shading or tinting film may be applied or affixed to any window of a motor vehicle unless such motor vehicle is equipped with a mirror on each side of such motor vehicle, so located as to reflect to the driver of the vehicle a view of the highway for at least 200 feet to the rear of such vehicle, and the sun-shading or tinting film is applied or affixed in accordance with the following:
1. No sun-shading Sun-shading or tinting films
may be applied or affixed to the rear side windows or rear window or windows of
any motor vehicle operated on the highways of the Commonwealth that reduce the total light transmittance of such
window to less than 35 percent;
2. No sun-shading or tinting films may be applied or affixed
to the front side windows of any motor vehicle operated on the highways of the
Commonwealth that reduce total light transmittance of such window to less than 50 35
percent;
3. No sun-shading or tinting films shall be applied or affixed to any window of a motor vehicle that (i) have a reflectance of light exceeding 20 percent or (ii) produce a holographic or prism effect.
Any person who operates a motor vehicle on the highways of the
Commonwealth with sun-shading or tinting films that (i) have a total light
transmittance less than that required by subdivisions 1 and subdivision 2, (ii) have a
reflectance of light exceeding 20 percent, or (iii) produce holographic or
prism effects is guilty of a traffic infraction but shall not be awarded any demerit
points by the Commissioner for the violation.
Any person or firm who applies or affixes to the windows of
any motor vehicle in Virginia sun-shading or tinting films that (i) reduce the
light transmittance to levels less than that allowed in
subdivisions 1 and
subdivision 2, (ii) have a reflectance of light exceeding
20 percent, or (iii) produce holographic or prism effects is guilty of a Class
3 misdemeanor for the first offense and of a Class 2 misdemeanor for any
subsequent offense.
E. The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determine the proper standards for equipment or devices used to measure light transmittance through windows of motor vehicles. Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the Division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven percentage points.
F. No film or darkening material may be applied on the windshield except to replace the sunshield in the uppermost area as installed by the manufacturer of the vehicle.
G. Nothing in this section shall prohibit the affixing to the rear window of a motor vehicle of a single sticker no larger than 20 square inches if such sticker is totally contained within the lower five inches of the glass of the rear window, nor shall subsection C apply to a motor vehicle to which but one such sticker is so affixed.
H. Nothing in this section
shall prohibit applying to the rear side windows or rear window of any
multipurpose passenger vehicle or pickup truck sun-shading or tinting films
that reduce the total light transmittance of such window or windows below 35
percent.
I.
Notwithstanding the foregoing provisions of this section, sun-shading material
which was applied or installed prior to July 1, 1987, in a manner and on which
windows not then in violation of Virginia law, shall continue to be lawful,
provided that it can be shown by appropriate receipts that such material was
installed prior to July 1, 1987.
J. I. Where a person is convicted
within one year of a second or subsequent violation of this section involving
the operation of the same vehicle having a tinted or smoked windshield, the
court, in addition to any other penalty, may order the person so convicted to
remove such tinted or smoked windshield from the vehicle.
K. J. The provisions of this
section shall not apply to law-enforcement vehicles.
L. K. The provisions of this
section shall not apply to the rear windows or rear side windows of any
emergency medical services vehicle used to transport patients.
M. L. The provisions of
subdivisions D 1,
2, and 3 shall not apply to
vehicles operated in the performance of private security duties by a security
canine handler as defined in §9.1-138 and licensed in accordance with §
9.1-139.
N. The provisions of
subdivision D 1 shall not apply to sight-seeing carriers as defined in §
46.2-2000 and contract passenger carriers as defined in §46.2-2000.
O. M. For any summons issued for a
violation of this section, the court may, in its discretion, dismiss the
summons, where proof of compliance with this section is provided to the court on
or before the court date.
§46.2-1052. (Effective March 1, 2021) Tinting films, signs, decals, and stickers on windshields, etc.; penalties.
A. As used in this article, unless the context requires a different meaning:
"Front side windows" means those windows located adjacent to and forward of the driver's seat.
"Holographic effect" means a picture or image that may remain constant or change as the viewing angle is changed.
"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use.
"Prism effect" means a visual, iridescent, or rainbow-like effect that separates light into various colored components that may change depending on viewing angle.
"Rear side windows" means those windows located to the rear of the driver's seat.
"Rear window" or "rear windows" means those windows that are located to the rear of the passenger compartment of a motor vehicle and that are approximately parallel to the windshield.
B. Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the Superintendent to be placed on a motor vehicle's windshield or window.
The size of stickers or decals used by counties, cities, and towns in lieu of license plates shall be in compliance with regulations promulgated by the Superintendent. Such stickers shall be affixed on the windshield at a location designated by the Superintendent.
C. Notwithstanding the foregoing provisions of this section, whenever a motor vehicle is equipped with a mirror on each side of such vehicle, so located as to reflect to the driver of such vehicle a view of the highway for at least 200 feet to the rear of such vehicle, any or all of the following shall be lawful:
1. To drive a motor vehicle equipped with one optically grooved clear plastic right-angle rear view lens attached to one rear window of such motor vehicle, not exceeding 18 inches in diameter in the case of a circular lens or not exceeding 11 inches by 14 inches in the case of a rectangular lens, which enables the driver of the motor vehicle to view below the line of sight as viewed through the rear window;
2. To have affixed to the rear side windows, rear window or windows of a motor vehicle any sticker or stickers, regardless of size; or
3. To drive a motor vehicle when the driver's clear view of the highway through the rear window or windows is otherwise obstructed.
D. Except as provided in §46.2-1053, but notwithstanding the foregoing provisions of this section, no sun-shading or tinting film may be applied or affixed to any window of a motor vehicle unless such motor vehicle is equipped with a mirror on each side of such motor vehicle, so located as to reflect to the driver of the vehicle a view of the highway for at least 200 feet to the rear of such vehicle, and the sun-shading or tinting film is applied or affixed in accordance with the following:
1. No sun-shading Sun-shading or tinting films
may be applied or affixed to the rear side windows or rear window or windows of
any motor vehicle operated on the highways of the Commonwealth that reduce the total light transmittance of such window
to less than 35 percent;
2. No sun-shading or tinting films may be applied or affixed
to the front side windows of any motor vehicle operated on the highways of the
Commonwealth that reduce total light transmittance of such window to less than 50 35
percent;
3. No sun-shading or tinting films shall be applied or affixed to any window of a motor vehicle that (i) have a reflectance of light exceeding 20 percent or (ii) produce a holographic or prism effect.
Any person who operates a motor vehicle on the highways of the
Commonwealth with sun-shading or tinting films that (i) have a total light
transmittance less than that required by subdivisions 1 and subdivision 2, (ii) have a
reflectance of light exceeding 20 percent, or (iii) produce holographic or prism
effects is guilty of a traffic infraction but shall not be awarded any demerit
points by the Commissioner for the violation.
Any person or firm who applies or affixes to the windows of
any motor vehicle in Virginia sun-shading or tinting films that (i) reduce the
light transmittance to levels less than that allowed in
subdivisions 1 and subdivision
2, (ii) have a reflectance of light exceeding 20 percent, or (iii) produce
holographic or prism effects is guilty of a Class 3 misdemeanor for the first
offense and of a Class 2 misdemeanor for any subsequent offense.
E. The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determine the proper standards for equipment or devices used to measure light transmittance through windows of motor vehicles. Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the Division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven percentage points.
F. No film or darkening material may be applied on the windshield except to replace the sunshield in the uppermost area as installed by the manufacturer of the vehicle.
G. Nothing in this section shall prohibit the affixing to the rear window of a motor vehicle of a single sticker no larger than 20 square inches if such sticker is totally contained within the lower five inches of the glass of the rear window, nor shall subsection C apply to a motor vehicle to which but one such sticker is so affixed.
H. Nothing in this section
shall prohibit applying to the rear side windows or rear window of any
multipurpose passenger vehicle or pickup truck sun-shading or tinting films that
reduce the total light transmittance of such window or windows below 35
percent.
I.
Notwithstanding the foregoing provisions of this section, sun-shading material
which was applied or installed prior to July 1, 1987, in a manner and on which
windows not then in violation of Virginia law, shall continue to be lawful,
provided that it can be shown by appropriate receipts that such material was
installed prior to July 1, 1987.
J. I. Where a person is convicted
within one year of a second or subsequent violation of this section involving
the operation of the same vehicle having a tinted or smoked windshield, the
court, in addition to any other penalty, may order the person so convicted to
remove such tinted or smoked windshield from the vehicle.
K. J. The provisions of this
section shall not apply to law-enforcement vehicles.
L. K. The provisions of this
section shall not apply to the rear windows or rear side windows of any
emergency medical services vehicle used to transport patients.
M. L. The provisions of subdivisions
D 1, 2,
and 3 shall not apply to vehicles operated in the performance of private
security duties by a security canine handler as defined in §9.1-138 and
licensed in accordance with §9.1-139.
N. The provisions of
subdivision D 1 shall not apply to sight-seeing carriers as defined in §
46.2-2000 and contract passenger carriers as defined in §46.2-2000.
O. M. For any summons issued for a
violation of this section, the court may, in its discretion, dismiss the
summons, where proof of compliance with this section is provided to the court
on or before the court date.
P. N. No law-enforcement officer
shall stop a motor vehicle for a violation of this section. No evidence
discovered or obtained as the result of a stop in violation of this subsection,
including evidence discovered or obtained with the operator's consent, shall be
admissible in any trial, hearing, or other proceeding.
§46.2-1053. Equipping certain motor vehicles with sun-shading or tinting films or applications.
Notwithstanding the provisions of §46.2-1052, a motor vehicle
operated by or regularly used to transport any person with a medical condition
which renders him susceptible to harm or injury from exposure to sunlight or
bright artificial light may be equipped, on
its windshield and any or all of its
windows, with sun-shading or tinting
films or applications which reduce the transmission of light into the vehicle
to levels not less than 35 percent. Such sun-shading or tinting film when
applied to the windshield of a motor vehicle shall not cause the total light
transmittance to be reduced to any level less than 70 percent except for the
upper five inches of such windshield or the AS-1 line, whichever is closer to
the top of the windshield. Vehicles equipped with such sun-shading or tinting
films shall not be operated on any highway unless, while being so operated, the
driver or an occupant of the vehicle has in his possession a written
authorization issued by the Commissioner of the Department of Motor Vehicles
authorizing such operation. The Commissioner shall issue such written
authorization only upon receipt of a signed statement from a licensed physician
or licensed optometrist (i) identifying with reasonable specificity the person
seeking the written authorization and (ii) stating that, in the physician's or
optometrist's professional opinion, the equipping of a vehicle with sun-shading
or tinting films or applications is necessary to safeguard the health of the
person seeking the written authorization. Written authorizations issued by the
Commissioner under this section shall be valid so long as the condition
requiring the use of sun-shading or tinting films or applications persists or
until the vehicle is sold, whichever first occurs. Such written authorizations
shall permit the approval of any such vehicle upon its safety inspection as
required by this chapter if such vehicle otherwise qualifies for inspection
approval. In the discretion of the Commissioner, one or more written
authorizations may be issued to an individual or a family. The Division of
Purchases and Supply, pursuant to §2.2-1112, shall determine the proper
standards for equipment or devices used to measure light transmittance through windows
windshields of motor vehicles. Law-enforcement officers shall
use only such equipment or devices to measure light transmittance through windows
windshields that meet the standards established by the
Division. Such measurements made by law-enforcement officers shall be given a
tolerance of minus seven percentage points.
For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.
