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A05306 Summary:

BILL NOA05306
 
SAME ASSAME AS S04572
 
SPONSORReyes
 
COSPNSRCunningham, Shimsky, Angelino
 
MLTSPNSR
 
Amd §§375 & 301, V & T L
 
Relates to the level of acceptable light transmittance of automobile window tint and film.
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A05306 Actions:

BILL NOA05306
 
02/13/2025referred to transportation
05/28/2025reported referred to rules
01/07/2026referred to transportation
02/10/2026reported
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A05306 Memo:

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.
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A05306 Text:



 
                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.
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