Legality of installing "illegal" tinting

blade · February 5, 2010

As long as you have your customers sign a disclosure like I do, your fine, It's on the customer, as long as they know the law.

Now that is funny right there. I don't care who you are.

Bottom line is, it was illegal when you installed it and you being the professional, you knew right from wrong. You will be absolutely responsible for any financial ramifications from that illegal install. It could be the customer being fined, the insurance company covering an accident, or a family suing you because of a lost family member.

Not worth it.

fuggin' :nope

Slick · February 5, 2010

As long as you have your customers sign a disclosure like I do, your fine, It's on the customer, as long as they know the law.

Now that is funny right there. I don't care who you are.

Bottom line is, it was illegal when you installed it and you being the professional, you knew right from wrong. You will be absolutely responsible for any financial ramifications from that illegal install. It could be the customer being fined, the insurance company covering an accident, or a family suing you because of a lost family member.

Not worth it.

fuggin'

X 2 :nope

February 5, 2010

I don't do automotive tinting but I do know that in Delaware not only is there a fine but just for kicks you get to give the customer their money back :nope I also believe that ANY half azz lawyer could defeat a signed waver or release form defense because the shop knowingly violated the law.

Delawre code for glass/comm. tinting

§ 4313A. Commercial window tinting.

(a) No person who installs window tinting material in motor vehicles as part of a commercial activity shall do so in violation of the requirements of § 4313 of this title.

(b) Whoever violates subsection (a) of this section shall be fined not less than $100 nor more than $500. If any fee was charged for such installation, the violator shall pay restitution to the owner of the vehicle in the amount of the fee charged for installing the illegal window tinting.

§ 4313. Safety glass -- Federal safety standards applicable to windshield, front side windows and side wings; window tinting.

(a) No person shall operate any motor vehicle on any public highway, road or street with the front windshield, the side windows to the immediate right and left of the driver and/or side wings forward of and to the left and right of the driver that do not meet the requirements of Federal Motor Vehicle Safety Standard 205 in effect at the time of its manufacture.

(b) Nothing in this section shall prohibit the use of any products or materials along the top edge of the windshield so long as such products or materials are transparent and do not encroach upon the AS-1 portion of the windshield as provided by FMVSS 205 and FMVSS 128.

© No person shall operate any motor vehicle on any public highway, road or street which does not conspicuously display a certificate by the manufacturer of any "after manufacture" window tinting material which may have been installed that such window tinting material meets the requirements of FMVSS 205 in effect at the time of the vehicle's manufacture. It shall be a valid defense to any charge under this subsection if the person so charged produces in court a validated mandatory inspection notice showing that the Division of Motor Vehicles has examined the motor vehicle since the date of offense and certifies compliance with FMVSS 205.

(d) No person shall be convicted under this section if that person possesses a statement signed by a licensed practitioner of medicine and surgery or osteopathic medicine or optometry verifying that tinted windows are medically necessary for the owner or usual operator of said vehicle.

(e) This section shall not apply to anodized glass which is correctly installed in the windshield and windows of an antique motor vehicle or street rod, as such are defined in §§ 2196 and 2197 of this title or of a motor vehicle validly insured under an antique, classic or street rod designated motor vehicle insurance policy that covers the motor vehicle, pursuant to § 2118 of this title.

(f) This section shall not apply to any surveillance vehicles operated by a police officer, as defined under § 8401(5) of Title 11. This exception shall not apply to marked vehicles, or those unmarked vehicles used primarily for regular duty patrols.

40 Del. Laws, c. 35, § 4; Code 1935, § 5717; 46 Del. Laws, c. 63; 21 Del. C. 1953, § 4313; 57 Del. Laws, c. 670, § 15B; 64 Del. Laws, c. 33, § 1; 67 Del. Laws, c. 227, § 1; 68 Del. Laws, c. 210, § 1; 70 Del. Laws, c. 357, § 1; 71 Del. Laws, c. 396, § 1; 74 Del. Laws, c. 393, § 1.;

TINT · February 5, 2010

so are they visiting other shops who lift trucks with 50" tires as well? telling them to stock smaller tires?

does that mean they will visit mechanic shops to stock 4cyl engines instead of those 527's they put in those hot rods?

does that mean they will go to dealerships and telling them to stop selling cars that travel 220 mph and stock golf carts instead?

does that mean they will go to stereo shops and tell them to stop selling big 15" subwoofers and stereos and stock tweeters instead?

shall I go on? illegal or not, I understand the responsibility, if we lsten to authority we would be out of business a long time ago.

but on the other hand, you must live in a small town or your being targeted cause someone pointed the finger at you for installing limo papas!

SlammedNiss · February 5, 2010

so are they visiting other shops who lift trucks with 50" tires as well? telling them to stock smaller tires?
does that mean they will visit mechanic shops to stock 4cyl engines instead of those 527's they put in those hot rods?

does that mean they will go to dealerships and telling them to stop selling cars that travel 220 mph and stock golf carts instead?

does that mean they will go to stereo shops and tell them to stop selling big 15" subwoofers and stereos and stock tweeters instead?

shall I go on? illegal or not, I understand the responsibility, if we lsten to authority we would be out of business a long time ago.

but on the other hand, you must live in a small town or your being targeted cause someone pointed the finger at you for installing limo papas!

I totally agree. It's getting to the point where the law is telling us how we can wipe our own ass. I believe tint laws are necessary. I'll even go as far as saying I think there should be a national law instead of this state to state bullpoop. But, I know that will never happen.

As far as installing limo film, no such thing at our shop. You can visit my shop anytime you please, and you won't find a box of limo. I do admit we install 20%, but only for friends/family whom we trust. We also give the option to customers for SUV and p/u truck rear windows, after explaining although it's technically illegal, you can buy one off the car lot with privacy glass.

mates · February 5, 2010

Wow its amazing to read this about how strict they are in the states about tint laws, im into the minitruck scene pretty heavily over here alongside customs etc and we have to go through great lengths to engineer those vehicles to be registered yet in most states in the US you can put air suspension make a full custom chassis have it rolling on 24"s and be able to lay on the ground and need no form of certification etc and its legal yet you make your glass dark and they through the book at you lol

across most of australia the tint laws are 35% all round on passenger vehicles , I stock 35% in a few diff lines add them to the glass sometimes they might meter in at 28% -31% sort of thing , our roads and traffic authority told me at their head office that the law states 35% but a pass or fail is 30% being pass under it being fail.

if I install 40% or 45% id lose most of my work I have hard enough time convincing customers to keep it legal at 35% cause most people want darker.

I don't think theres any laws where a shop can get fined over here but most certainly if theres an accident and they say tint is a contributing factor then we would be well and truly screwed also if someone got a "defect notice (fine) " then they could maybe take a civil lawsuit out on us if they were A holes.

PS. TINT you crack me up "installing limo papas! "

February 5, 2010

It's more about profiling since 9/11

February 5, 2010

It's more about profiling since 9/11

To prevent legal actions for installation of illegal tint on front doors & to keep track of front doors your shop tinted in case of a waranty issue, I write my reciepts as follows: If I tint as an example 4 doors and the back window my reciept reads (tinted rear 1/2 ONLY) if I tint the back doors and back window my reciept reads (tinted rear 1/2) I USE THE WORD "ONLY" TO REPRESENT THE TWO FRONT DOORS. for 23 years its worked for me. The signed statement method is proof in a court of law that you knew it was illegal and did it anyway. That info came from my lawer.

February 5, 2010

KS law allows net 35% VLT on all side and back windows. Had one of our city's finest visit our shop this morning, telling us we weren't allowed to install 35% anymore, because it makes most windows illegal in conjunction with the OEM glass. (I've been tinting for 15 years now, and already knew this.) So, this wonderful enforcer of the law continues on to tell us that he will start writing us tickets if we continue to install "illegal" film. He basically tells us to trash all our film and start stocking lighter film.
Now, I've always used the "I can get fined" excuse for people wanting true "illegal" film installed. However, I really don't know if that's even a true statement. While I'm sure all states are different, does anybody know where one could find out if that's even true? I've looked, and can't find anything regarding actually installing "illegal" film. I guess what I'm getting after is what fines, if any, can they charge us with? Or, IMO, is it just a newb cop on a power trip?

It's a private business. As long as you have your customers sign a disclosure like I do, your fine, It's on the customer, as long as they know the law.

It might be good to print out your state law on it, then give them a copy as well as have them sign a disclosure putting all responsibility on them, not you.

As far as the cop...He can not write you a citation, what is he a tint cop now?! ... ... that's freakin rediculous.

Do what I said there, and you'll be just fine

you will be just fine when your sitting in court in front of a judge getting your ass reamed :lol

waivers, no matter what they say, are just another piece of physical proof that you installed illegal film, onto a vehicle that was knowingly being driven on a public road. It can be the longest thing in the world and the most detailed, but it still proves that you did something illegal. The judge/insurance company will love to have a piece of signed paper in their hand that proves you broke the law and voided your customers insurance policy

so a search for waivers on here and see what others think about it :lol

also, the cop has every right to write him a ticket. Read the law that was posted above, it specifically states that anyone caught installing a film/product in violation of the law is guilty of a class C misdemeanor, which means he can be fined the equivalent of a class C misdemeanor, whatever that fine is in his state.

As long as you have your customers sign a disclosure like I do, your fine, It's on the customer, as long as they know the law.

Now that is funny right there. I don't care who you are.

Bottom line is, it was illegal when you installed it and you being the professional, you knew right from wrong. You will be absolutely responsible for any financial ramifications from that illegal install. It could be the customer being fined, the insurance company covering an accident, or a family suing you because of a lost family member.

Not worth it.

:nope

February 5, 2010

It's more about profiling since 9/11

To prevent legal actions for installation of illegal tint on front doors & to keep track of front doors your shop tinted in case of a waranty issue, I write my reciepts as follows: If I tint as an example 4 doors and the back window my reciept reads (tinted rear 1/2 ONLY) if I tint the back doors and back window my reciept reads (tinted rear 1/2) I USE THE WORD "ONLY" TO REPRESENT THE TWO FRONT DOORS. for 23 years its worked for me. The signed statement method is proof in a court of law that you knew it was illegal and did it anyway. That info came from my lawer.

same here. No matter what you have done, my receipt reads either rear half four door sedan/coupe or back glass only, etc

same with the warranty card, since warranties don't cover illegal film