NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5306
SPONSOR: Reyes
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the level of
acceptable light transmittance of automobile window tint and film
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will allow for all windows, excluding the front windsh-
ield, on an automobile to have a fifty percent visible light transmit-
tance (VLT) standard in New York State.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends paragraphs (b) and (d) of subdivision
12-a of § 375 of the vehicle and traffic law.
Subdivision (b) allows for the reduction in the light transmittance of
the windows on an automobile to be fifty percent and make uniform all
windows, excluding the front windshield, to be at this standard.
Subdivision (d) declares that such measurements made by the commission-
er, or a designee, shall be given a tolerance of plus or minus seven
percent.
Section two of the bill amends subparagraph (a) of paragraph (1) of
subdivision (c) of Section 301 of the vehicle and traffic law, relating
to required inspections of motor vehicles, to conform the inspection
requirement with the change in the substantive law as implemented by
section one of this bill.
Section three of the bill provides the effective date.
 
JUSTIFICATION:
The current visible light standard of 70% visible light transmittance
(VLT) evolved from physical limits in glass manufacturing specifications
established in the 1930s. Over time, these industrial specifications
became part of the Federal Motor Vehicle Safety Standards (U.S. FMVSS
205). Neither driver performance nor protections for law enforcement
were motivations for these laws and regulations. The original transmit-
tance standard merely reflected the best glass manufacturing capabili-
ties of the period and then was mistakenly passed along by others as
being related to safety.
Currently there are only 9 states which require 70% or higher light'
transmission on front side windows of vehicles, which is equivalent to
no film except clear UV film. Further, only two of those states require
70% VLT or more on all windows in the vehicle. The FMVSS 205 standard is
only a manufacturing standard for new vehicles (before 'first sale'),
and does not apply to aftermarket items so long as no safety requirement
of the vehicle (in this case auto glass) is "rendered inoperable".
The benefits to lowering the VLT standard should be taken into consider-
ation. Research has proven that window film can nearly eliminate 'expo-
sure to harmful ultraviolet rays (UVA), which is the leading cause of
skin cancer in the United States. Studies conducted by the Skin Cancer
Foundation have shown untreated glass does not block UVA rays, therefore
exposing drivers to the harmful effects of UVA rays over an extended
period of time. By contrast, window film is capable of blocking 99.9% of
UVA radiation and is an effective means to eliminate the harmful expo-
sure that is a leading cause of skin cancer.
Another study conducted by Blue Cross and Blue Shield ranks New York
State among the highest five states regarding incidents of skin cancer
diagnoses. Further, Mount Sinai St. Luke's studied the effects of UVA
rays and concluded melanoma, a form of skin cancer is more prevalent in
communities of color. A study found that the average five-year survival
rate in communities of color is around 67% versus 92% among non-communi-
ties of color. These research institutions concluded that allowing the
reasonable use of window film can significantly reduce the exposure of
these harmful rays and can contribute to lowering these statistics.
Window film has other benefits, such as reducing the discomfort caused
by sun glare, which is the unpleasant feeling that can distract a driver
and is a source of accidents on our roads today. Window film reduces sun
light transmittance proportionately and the contrast is constant across
all transmittance levels. A source of glare only impedes contrast sensi-
tivity for adjacent targets; thus, tinted front side windows will have
no effect on the detection of targets viewed through the windshield•.
Further, the use of less than 70 percent luminous transmittance glazing
in the side and rear sectors of the field of view can provide visibility
equivalent to or superior to the existing requirement under many normal
or difficult roadway viewing conditions.
Lastly, demonstrations performed by the window film industry show the
contrast from seventy percent to fifty percent is minimal when looking
through the window from the outside into the automobile. Compared to
current factory models, a fifty percent standard utilizing UVA protec-
tive window film is much lighter than many of the original windows
legally available in a majority of vehicles currently on the roads
today.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2023-2024: S601 (Salazar) - Referred to Transportation
2021: S7025B (Salazar)- Referred to Transportation, Amend, Recommit to
Transportation 2022: Referred to Transportation
ASSEMBLY:
2023-2024: A6968 (Reyes) - Referred to Transportation
2021: No "same as"
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Sixtieth day after becoming law. Effective immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
5306
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. REYES, CUNNINGHAM -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the level of
acceptable light transmittance of automobile window tint and film
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (b) and (d) of subdivision 12-a of section 375
2 of the vehicle and traffic law, paragraph (b) as amended and paragraph
3 (d) as added by chapter 155 of the laws of 1991, are amended to read as
4 follows:
5 (b) No person shall operate any motor vehicle upon any public highway,
6 road or street:
7 (1) the front windshield of which is composed of, covered by or treat-
8 ed with any material which has a light transmittance of less than seven-
9 ty percent unless such materials are limited to the uppermost six inches
10 of the windshield; or
11 (2) the sidewings or side windows of which on either side forward of
12 or adjacent to the operator's seat are composed of, covered by or treat-
13 ed with any material which has a light transmittance of less than
14 [seventy] fifty percent; or
15 (3) if it is classified as a station wagon, sedan, hardtop, coupe,
16 hatchback or convertible and any rear side window has a light transmit-
17 tance of less than [seventy] fifty percent; or
18 (4) the rear window of which is composed of, covered by or treated
19 with any material which has a light transmittance of less than [seventy]
20 fifty percent. [A rear window may have a light transmittance of less
21 than seventy percent if the vehicle is equipped with side mirrors on
22 both sides of the vehicle so adjusted that the driver thereof shall have
23 a clear and full view of the road and condition of traffic behind such
24 vehicle.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08000-02-5
A. 5306 2
1 (d) The commissioner may test any window for a person who has been
2 charged with violating this subdivision. Such measurements made by the
3 commissioner, or their designee, shall be given a tolerance of plus or
4 minus seven percent. If such window is found to be in conformity with
5 this subdivision, a small label attesting to the conformity shall be
6 affixed to the window tested.
7 § 2. Subparagraph (a) of paragraph 1 of subdivision (c) of section 301
8 of the vehicle and traffic law, as amended by chapter 444 of the laws of
9 2016, is amended to read as follows:
10 (a) A safety inspection shall be made with respect to the brakes;
11 steering mechanism; wheel alignment; lights, including but not limited
12 to the lights which are designed and placed on a vehicle for the purpose
13 of illuminating the vehicle's license plates; odometer; tire pressure;
14 seat safety belts; shoulder harness safety belts; [any window which is]
15 windows to determine whether they are composed of, covered by or treated
16 with any material which has a light transmittance [of less than seventy
17 percent] in violation of the percentages established pursuant to section
18 three hundred seventy-five of this title and such other mechanisms and
19 equipment as shall be determined by the commissioner to be necessary for
20 proper and safe operations. Such inspection shall also be made with
21 respect to vehicle identification number. Upon inspection, the mileage
22 appearing on the odometer shall be recorded upon the inspection sticker.
23 § 3. This act shall take effect on the sixtieth day after it shall
24 have become a law. Effective immediately the addition, amendment and/or
25 repeal of any rule or regulation necessary for the implementation of
26 this act on its effective date are authorized to be made and completed
27 on or before such effective date.