GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	4 

HOUSE BILL 120
Committee Substitute Favorable 3/13/95
Committee Substitute #2 Favorable 4/18/95
Fourth Edition Engrossed 5/1/95

Short Title:  Window Tinting Revisions.	(Public)

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Sponsors:

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Referred to:  

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February 7, 1995

A BILL TO BE ENTITLED
AN ACT TO REVISE THE WINDOW TINTING LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-127, as amended by Chapter 683 of the 1993 Session Laws (Reg. Sess. 1994), reads as rewritten:
"§ 20-127.  Windows and windshield wipers.
 	(a)											(a)	Windshield Wipers. – A vehicle that is operated on a highway and has a windshield must have a windshield wiper to clear rain or other substances from the windshield in front of the driver of the vehicle and the windshield wiper must be in good working order.  If a vehicle has more than one windshield wiper to clear substances from the windshield, all the windshield wipers must be in good working order.
(b)	Window Tinting Restrictions. – A window of a vehicle that is operated on a highway or a public vehicular area must comply with this subsection.  The windshield of the vehicle may be tinted only along the top of the windshield and the tinting may not extend more than five inches below the top of the windshield or below the AS1 line of the windshield, whichever measurement is longer.  Any other window of the vehicle may be tinted in accordance with the following restrictions:
(1)	The total light transmission of the tinted window must be at least thirty-five percent (35%).  A vehicle window that, by use of a light meter approved by the Commissioner, measures a total light transmission of more than thirty-two percent (32%) is conclusively presumed to meet this restriction.
(2)	The light reflectance of the tinted window must be twenty percent (20%) or less.
(3)	Tinted film or another material used to tint the window must be nonreflective and must be a color other than red, yellow, or amber.
(c)	Tinting Exceptions. – The window tinting restrictions in subsection (b) of this section apply without exception to the windshield of a vehicle.  The window tinting restrictions in subdivisions (b)(1) and (b)(2) of this section do not apply to any of the following vehicle windows:
(1)	A window of an excursion passenger vehicle, as defined in G.S. 20-4.01(27)a.
(2)	A window of a for-hire passenger vehicle, as defined in G.S. 20-4.01(27)b.
(3)	A window of a common carrier of passengers, as defined in G.S. 20-4.01(27)c.
(4)	A window of a motor home, as defined in G.S. 20-4.01(27)d2.
(5)	A window of an ambulance, as defined in G.S. 20-4.01(27)f.
(6)	The rear window of a property-hauling vehicle, as defined in G.S. 20-4.01(31).
(7)	A window of a limousine.
(8)	A window of a law enforcement vehicle.
(9)	A window of a multipurpose vehicle that is behind the driver of the vehicle.  A multipurpose vehicle is a passenger vehicle that is designed to carry 10 or fewer passengers and either is constructed on a truck chassis or has special features designed for occasional off-road operation.  A minivan and a pickup truck are multipurpose vehicles.
(10)	A window of a vehicle that is registered in another state and meets the requirements of the state in which it is registered.
(c)	Violations. – A person who does any of the following commits a misdemeanor of the class set in G.S. 20-176:
(1)	Applies tinting to the window of a vehicle that is subject to a safety inspection in this State and the resulting tinted window does not meet the window tinting restrictions set in this section.
(2)	Drives on a highway or a public vehicular area a vehicle that has a window that does not meet the window tinting restrictions set in this section.
(d)	Defense. – It is a defense to a charge of driving a vehicle with an unlawfully tinted window that the tinting was removed within 15 days after the charge and the window now meets the window tinting restrictions.  To assert this defense, the person charged must produce in court, or submit to the prosecuting attorney before trial, a certificate from the Division of Motor Vehicles or the Highway Patrol showing that the window complies with the restrictions."
Sec. 2.  G.S. 20-183.3(a) reads as rewritten:
"(a)	Safety. – A safety inspection of a motor vehicle consists of an inspection of the following equipment to determine if the vehicle has the equipment required by Part 9 of Article 3 of this Chapter and if the equipment is in a safe operating condition:
(1)	Brakes, as required by G.S. 20-124.
(2)	Lights, as required by G.S. 20-129 or G.S. 20-129.1.
(3)	Horn, as required by G.S. 20-125(a).
(4)	Steering mechanism, as required by G.S. 20-123.1.
(5)	Windows and windshield wipers, as required by G.S. 20-127.  To determine if a vehicle window meets the window tinting restrictions, a safety inspection mechanic must first determine, based on use of an automotive film check card or knowledge of window tinting techniques, if after-factory tint has been applied to the window.  If after-factory tint has been applied, the mechanic must use a light meter approved by the Commissioner to determine if the window meets the window tinting restrictions.
(6)	Directional signals, as required by G.S. 20-125.1.
(7)	Tires, as required by G.S. 20-122.1.
(8)	Mirrors, as required by G.S. 20-126.
(9)	Exhaust system, as required by G.S. 20-128. For a vehicle that is subject to an emissions inspection in addition to a safety inspection, a visual inspection of the vehicle's emission-control devices is included in the emissions inspection rather than the safety inspection."
Sec. 3.  G.S. 20-183.7(a) reads as rewritten:
"(a)	Fee Amount. – The following fees apply to an inspection of a vehicle and the issuance of an inspection sticker:

Type	Inspection	Sticker
Safety Only, Without
  After-Factory Tinted Window	$ 8.25	$1.00
Safety Only, With After-
  Factory Tinted Window	18.25	 1.00
Emissions and Safety,
  Without After-Factory Tinted Window	17.00	 
2.40
	Emissions and Safety, With
		After-Factory Tinted Window	27.00	 2.40.

The fee for performing an inspection of a vehicle applies when an inspection is performed, regardless of whether the vehicle passes the inspection. The fee for an inspection sticker applies when an inspection sticker is put on a vehicle.  The fee for performing an inspection of a vehicle with a tinted window applies only to an inspection performed with a light meter after a safety inspection mechanic determined that the window had after-factory tint.
A vehicle that is inspected at an inspection station and fails the inspection is entitled to be reinspected at the same station at any time within 30 days of the failed inspection without paying another inspection fee."
Sec. 4.  This act becomes effective November 1, 1995.