Tint laws & Shops Liabiltiy

February 22, 2008

OK, we all know our laws concerning tinting,we all know that we as professional can be sued by customers in the event of a death,accident,whatever. We are the professioanals so we know whats right and whats wrong.

So Here in NJ there are laws regarding lifted vehicles.

These Vehicles must not be lifted past a certain height that the state has set for each weight limt of the truck ,,blahh.blahh and so on.

If the Lifted Vehicle passes these conditions it then must go to a Stability Test at a special inspection station and the vehicle is to drive up on a 30 degree angle to see if it wil roll over.

OK My Point.

These lift kits can get involved as far as installations go,,cutting frames and welding,,especially on independent front suspensions and so on.

Alomost all of these installtions are done by off road shops and so on.

These guys will lift a jeep cj 7 to the sky with 38in tires knowing that this thing will never pass inspection.

The Shop Knows - The Customer Knows - The Shop Sells the lift and installs it.

Done deal.

None of these shops will turn away these jobs..and one of our local shops got sued by a customer when his truck flipped on the highway. The shop won!

The judgement basically came down to a waiver that the shop made the customer sign.

Same as we hear on this board all the time. Some say dont do it,,others say your protected.

I say whats the difference? Tint , Lift , Modifications that are not approved are done at speed shops and custom shops all the time. Has anyone ever heard of a law suit concerning any other type of illegal aftermarket part or modification and what was the out come? Just wondering.

I always hear dont do the waiver thing,,it will not hold water,,but has anyone actually gone through this and lost?

Just wondering. :thumb

TTS · February 22, 2008

I think there are enough shops getting sue'd for legal work alone... heaven forbid you open yourself up to litigation on work that is written not legal. :thumb

However.... I guess it all comes down to how deep are your pockets ??? A few years ago I saw on the news a white bronco got away with murder :thumb

February 22, 2008

I think there are enough shops getting sue'd for legal work alone... heaven forbid you open yourself up to litigation on work that is written not legal.

yeah I hear that , Im just wondering about all the other shops that really do some mods that are dangerous vrs. a 30% film?

MississippiPI · February 23, 2008

There was an incident here in Mississippi where I got my windows tinted to 5%--I have a legal medical exemption tho. The shop is immune as long as they follow the law and then they still made me sign an additional waiver of liability which I didn't haver a problem with. I gave them a copy of my medex just so they would have it and know what it looked like--not long after someone came in with medex, got like 10% tint--had a wreck--said the windows were to dark and that's why they wrecked--lawyers got involved---shop was cleared.

Be safe

tintpros lv · February 23, 2008

Ok so as a customer comes into a custom shop and wants to have work done on their vehicle. Either a lift or tint or any other modification. So the shop employee tells the customer in no uncertain terms, what is legal and not legal for street use in their state. If the customer chooses a product that is not deemed street legal. It is totally on the customer's shoulders. It is not up to the shop owner to police these people. As far as the shop owner knows the vehicle will only be used in area or state, where it will conform to all local law. It will be wise for shop owner to have the customer sign a waiver stating these facts. When a vehicle enters a shop premises. It is not illegal to install whatever aftermarket product the customer wants to purchase. The only time it becomes illegal is when the customer drives it in an area where it is not legal. Not the shop owners responsibility.

February 24, 2008

but your wrong it IS illegal to install illegal film even if the customer signs any thing doesnt matter especially when the law states this ... "(9) * * * No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) or (4) of this section * * *."

February 24, 2008

but your wrong it IS illegal to install illegal film even if the customer signs any thing doesnt matter especially when the law states this ... "(9) * * * No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) or (4) of this section * * *."

Its good to see some of you younger guys get the overall picture :evileye

tint123 · February 24, 2008

On the issue of the vehicle being lifted more than what the law allows, and the shop being cleared, the shop still had Attorney fees, Court Costs and the time fator involved with having to defend itself against this action.

Those were all expenses that they did not have to be out, had they in fact done the job within the law.

How many more jobs will they have to do just to make up the revenue from the $$ spent to defend themselves ?

February 24, 2008

Ok so as a customer comes into a custom shop and wants to have work done on their vehicle. Either a lift or tint or any other modification. So the shop employee tells the customer in no uncertain terms, what is legal and not legal for street use in their state. If the customer chooses a product that is not deemed street legal. It is totally on the customer's shoulders. It is not up to the shop owner to police these people. As far as the shop owner knows the vehicle will only be used in area or state, where it will conform to all local law. It will be wise for shop owner to have the customer sign a waiver stating these facts. When a vehicle enters a shop premises. It is not illegal to install whatever aftermarket product the customer wants to purchase. The only time it becomes illegal is when the customer drives it in an area where it is not legal. Not the shop owners responsibility.

but your wrong it IS illegal to install illegal film even if the customer signs any thing doesnt matter especially when the law states this ... "(9) * * * No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) or (4) of this section * * *."

AMEN Willie!! Apparently some out there are incapable of seeing, or just don't want to see the fact that HOW THE LAW IS WORDED is whats important. All statutes have wording that states whether or not the INSTALLATION of any after market product is illegal. If it states, as Matthew posted, that the installation is illegal, you'd better believe that the shop owner can be charged.

What we all want to believe, or feel is right, is immaterial. How the law is worded, and more importantly, INTERPRETED by the courts is what matters. And thats only the criminal side. It's a whole 'nuther ball game in the civil liability realm. As I read in another thread by FlatRockStan, "I have seen a guy in a white bronco get away with murder." But even that didn't save his ass from civil liability! He won in criminal court, but the civil courts handed him his ass! A shop owner engaged in illegal activity CAN be hit by both,

I have not researched the "lift-kits", or other accessories, I am concerned with TINT. And in MOST (not all) States, the INSTALLATION itself is illegal, and subjects the shop owner to fines, jail, and loss of business license. If you don't believe that modifying a vehicle isn't illegal for a shop to do, only for the custy to operate said vehicle, go ask Midas to cut out your catalytic converter. Tintpros LV could NOT be more wrong in his belief, and certainly couldn't be more wrong for posting innaccurate info as fact. The dude should do a TAD bit of research before putting his foot in his mouth. This is probably gonna sound wrong, but there are young, impressionable minds reading this. Be at least a BIT more responsible in what you state as fact.

If you need further clarification, read your states statute in it's entirety, not the condensed version on the tint laws charts. Or better yet, talk to an Attorney. NOT your cousin the cop, or Uncle Ned who knows someone whos a cop. Go to the source for accurate info, before you state fact.

February 24, 2008

Your right on the read YOUR states law. It varies from state to state. So make sure you research every states law if you don't want to pass on false information. Let me ask you this since you seem to know soooo much about law. If you tint a vehicle that has say louisiana plates and then they travel through a state that the law is different and they have a wreck and they blame the tint on the accident is the shop owner that tinted it resposible? and yes they can and will pull you over in another state for your tint even if your from another state.