Could North Carolina pass a law or rule allowing window tint as dark as 35% light transmittance on passenger car windows when federal safety standards require 70%?

Plain-English summary

The North Carolina Commissioner of Motor Vehicles asked whether the state could allow 35% light transmittance through motor vehicle windows despite federal safety requirements. The AG said such a state law or rule would be preempted. The opinion quotes the federal rule that a state safety standard covering the same aspect of performance must be “identical to the Federal standard.” A state permission for 35% light transmittance conflicts with the 70% requirement the opinion describes.

The vehicle category matters. According to the opinion, Safety Standard No. 205 requires 70% light transmittance in all windows in passenger vehicles. For multipurpose passenger vehicles, motor homes, and trucks, it describes the 70% requirement for the windshield, the windows immediately beside the driver, and the rearmost windows if used for driving visibility. The narrower list does not describe ordinary passenger vehicles.

The AG also quoted a separate federal rule forbidding manufacturers, distributors, dealers, and motor vehicle repair businesses from knowingly rendering a federally compliant safety feature inoperative. The opinion says the combined tint film and glazing must transmit at least 70% of light in windows needed for driving visibility, and identifies a civil penalty of up to $1,000 per violation of that provision.

Currency note

This opinion describes the Motor Vehicle Safety Act and Safety Standard No. 205 as they stood in 1987. Check current federal and North Carolina requirements before relying on its account of allowable tint today.

Background and statutory framework

Standard No. 205 sets requirements for glazing in new motor vehicles and replacement equipment. The opinion says the standard incorporates the American National Standard for safety glazing and specifies both light transmittance and abrasion resistance. It then quotes 15 USCS § 1392(d), which bars a state or local safety standard addressing the same performance aspect when that standard is not identical to the federal one.

The quoted preemption provision contains one express exception relevant here: a government may require higher performance for vehicles or equipment it procures for its own use. The opinion does not describe a general state power to impose higher tint standards on privately owned vehicles. Its conclusion concerns a proposed rule permitting 35% light transmittance.

Common questions

Did the opinion say every vehicle window has the same 70% rule?

No. It says all windows in passenger vehicles must meet 70%. It gives a more limited list for multipurpose passenger vehicles, motor homes, and trucks, including rearmost windows only when used for driving visibility.

Could North Carolina set a different window standard for vehicles it buys?

The federal provision quoted in the opinion allows a government to impose a higher performance standard on vehicles or equipment it procures for its own use. That exception does not describe a rule for private vehicles.

Why did the AG mention tint installers?

The opinion quotes the federal prohibition on specified vehicle businesses knowingly rendering a compliant safety feature inoperative. It says tint film and glazing together must meet the 70% transmittance requirement for windows needed for driving visibility.

Source

• Landing page: https://ncdoj.gov/opinions/motor-vehicles-regulations-of-dark-shaded-windows-preemption/

Original opinion text

Requested By: William S. Hiatt, Commissioner of Motor Vehicles

Question: Would a State statute or regulation allowing 35% light transmittance through windows in motor vehicles be preempted by current federal safety laws and standards regulating this same subject matter?

Conclusion: Yes.

The National Traffic and Motor Vehicle Safety Act of 1966 authorized the National Highway Traffic Safety Administration (NHTSA) to issue Federal Motor Vehicle Safety Standards for new motor vehicles and items of motor vehicle equipment. "Motor vehicle equipment" is defined in the Act, 15 USCS § 1391(4) as:

"(4) 'Motor vehicle equipment' means any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle, and any device, article, or apparel not a system, part, or component of a motor vehicle (other than medicines, or eyeglasses prescribed by a physician or other duly licensed practitioner), which is manufactured, sold, delivered, offered, or intended for use exclusively to safeguard motor vehicles, drivers, passengers, and other highway users from risk of accident, injury, or death."

Safety Standard No. 205, "Glazing Material", sets performance requirements for glazing materials in new motor vehicles and those sold as replacement equipment. Standard No. 205 requires that glazing materials for use in motor vehicles conform to the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways" (ANSZ26). This standard requires specific amounts of light transmittance and abrasion resistance.

Standard No. 205 requires 70% light transmittance in all windows in passenger vehicles. Multipurpose passenger vehicles, motor homes, and trucks are required to have 70% light transmittance in the windshield and windows to the immediate right and left of the driver and the rearmost windows if used for driving visibility.

15 USCS § 1397(a)(2)(A) provides as follows: "(2)(A) No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term 'motor vehicle repair business' means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation."

Whoever violates this section is subject to a civil penalty of up to $1,000 for each such violation. The combination of tinting film and glazing must be at least 70% light transmittance in windows requisite for driving visibility.

15 USCS § 1392(d) provides as follows:

"Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard."

Congress may preempt State law by so stating in express terms. California Federal S. & L. Assn. v. Guerra, 93 L Ed 2d 613. Therefore, a State statute or regulation allowing 35% light transmittance through windows in motor vehicles would conflict with Standard No. 205 which requires 70% light transmittance in windows requisite for driving visibility and would be preempted by the federal law. 15 USCS § 1392(d).

LACY H. THORNBURG
Attorney General

Mabel Y. Bullock
Assistant Attorney General