ASSEMBLY, No. 327

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen PASCRELL and ROMANO

 

 

An Act concerning motor vehicles, amending R.S.39:3-74 and supplementing chapter 3 of Title 39 of the Revised Statutes.

 

    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 devices shall be so constructed and installed as to be operated or controlled by the driver.

    [No] Except as otherwise provided by law, no person shall drive any 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 vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the [commissioner] director.

    No person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides.

(cf: R.S.39:3-74)

 

    2. (New section) a. No person shall drive upon a highway or roadway any motor vehicle with a window or windshield composed of, covered by, or treated with a product which would increase its reflectance or reduce its light transmittance, except as provided by law.

    b. No person shall drive upon a highway or roadway any motor vehicle with a window which is to the side or rear of the driver and which is composed of, covered by or treated with a material which has the effect of obscuring the driver's view, unless the vehicle is equipped with an exterior mirror on each side of the vehicle

 

    3. (New section) a. Film materials may be applied to the windows of motor vehicles only as hereinafter provided:

    (1) Film material may not be applied to the front windshield of any motor vehicle or to the windows on either side of the driver; and

    (2) Film materials may be applied to the windows not subject to the provisions of paragraph (1) of this subsection if the film material when tested with the window has a total light reflectance of not more than 20% and light transmittance of at least 70%.

    b. Perforated sun screening materials may be applied to windows other than the front windshield and windows on either side of the driver if the material when tested on the window has a total light reflectance of not more than 20% and light transmittance of at least 70%.

    c. Louvered materials may be installed on windows other than the front windshield and windows to either side of the driver if the installation of the material does not reduce the driver's visibility by more than 50% through the window.

    d. Mirrored materials shall not be applied to any window or the windshield of a motor vehicle.

 

    4. (New section) Any person who sells, offers to sell, or installs on a motor vehicle window a material which does not conform to the provisions of section 3 of this act shall be fined not less than $200 or more than $500 for each offense.

 

    5. (New section) The director, in a manner he shall determine, shall notify persons licensed to operate a motor vehicle in this State of the provisions of this act.

 

    6. (New section) The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.

 

    7. This act shall take effect on the first day of the fourth month following enactment, except that sections 5 and 6 shall take effect immediately.

 

 

STATEMENT

 

    This bill establishes standards for the types and kinds of tinting and sun screening materials that may be applied to motor vehicle windows. Among the products and types of materials regulated under the bill are film, perforated sun screening, louvered and mirrored materials.

    The regulatory scheme set forth in the bill is designed to protect New Jersey's law enforcement officers and to eliminate a potential driving hazard.

    Deeply tinted and shaded windshields and windows hinder the ability of law enforcement officers to observe the actions of occupants of stopped motor vehicles and can, therefore, pose great danger to officers by masking potentially life-threatening situations. The same materials can also lessen a driver's vision to such a degree that they may contribute to traffic accidents.

    Under the provisions of this bill, it would be illegal to apply any filmed tinting material to a motor vehicle's windshield or to the windows to either side of the driver. A tinted material, one which has a total light reflectance of not more than 20% and light transmittance of 70%, would be permissible on the windows behind the driver. The use of mirrored materials is prohibited.

    Any person who sells, offers to sell, or installs a product which violates the provisions of this bill would be subject to a fine of not less than $200 or more than $500 for each violation.

    Motor vehicle operators violating the provisions of the bill would be subject to the penalties provided under R.S.39:3-86.

 

 

 

Regulates materials that may be used on motor vehicle windows and windshields.