NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6968
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 auto-
mobile 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 commissioner, 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 benefits to lowering the VLT (visible light transmittance) standard
should be taken into consideration for health and safety reasons. In
addition, no studies exist that justify a 70% VLT standard for driver
performance.
Research has proven that window film may nearly eliminate exposure to
harmful ultraviolet rays (UVA), which is the leading cause of skin
cancer in the United States. Studies conducted by the New York City-
based Skin Cancer Foundation have shown untreated glass does not block
UV-A rays, therefore exposing drivers to the cumulative harmful effects
of UV-A rays over an extended period,of time. Window film by contrast is
capable of blocking 99.9% of all UV radiation (including the UV-A
portion) and is an effective means to reducing this leading cause of
skin cancer.
Another study conducted by Blue Cross and Blue Shield ranks New York
State with a higher than national average for skin cancer. Further,
Mount Sinai St. Luke's studied the effects of UV-A rays and concluded
that, a serious form of skin cancer, is more prevalent in communities of
color. A study found that the average five-year survival rate in minori-
ty communities is around 67% versus 92% among non-minority communities.
These research institutions have concluded that allowing the reasonable
use of window film can significantly reduce the exposure to these harm-
ful rays and may lower the incidence rate. Window film has other bene-
fits, such as reducing the discomfort caused by sun glare, which is the
unpleasant feeling that can distract a driver and is a source of acci-
dents 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 sensitivity for adjacent
targets; thus, tinted front side windows will have no effect on the
detection of targets viewed through the front windshield.
Based on industry testing by DOE's National Renewable Energy Laboratory,
adding solar control window film to a vehicle helps reduce heat gain and
lessens the need for air conditioning, thus helping to improve fuel
efficiency or electric car range. Lastly, demonstrations of vehicles
with window film on their side windows 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 protective window film is much
lighter than many of the original windows legally available in a majori-
ty of vehicles currently on the roads today.
The current visible light standard of 70% VLT evolved from physical
limits in laminated 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 was the motivation for
its inclusion in laws and regulations. The original transmittance stand-
ard merely reflected the best laminated glass manufacturing capabilities
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".
LEGISLATIVE HISTORY:
New bill.
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
________________________________________________________________________
6968
2023-2024 Regular Sessions
IN ASSEMBLY
May 9, 2023
___________
Introduced by M. of A. REYES -- 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 than
21 [seventy] fifty 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.
LBD00665-01-3
A. 6968 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 his 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 date.
