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  1. #1
    Join Date
    Oct 2012
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    3

    Default Ticketed for Window Tint for an Out-of-State Vehicle

    My question involves vehicle maintenance laws for the State of: New York

    I entered the City, and within 2 minutes got pulled over for having "illegal tints". The Tint percents are 35%, front/back. The officer issued me two tickets (Front and rear windows) saying that the maximum allowed tints in NY is only 70%. The car is registered in North Carolina (NC Plates and Insurance). The legal allowed tint percent in NC is 35%. Is this an unlawful stop, and are these tickets able to be fought?

    All other traffic laws were being followed.

  2. #2
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    Default Re: Ticketed for Window Tint for an Out-of-State Vehicle

    Quote Quoting Blaze9
    View Post
    Is this an unlawful stop...
    To challenge the stop you will have to establish that the officer knew you were the owner of the vehicle, knew the vehicle had valid Georgia registration, and knew that the tint was lawful in Georgia. Absent such facts, the officer can effect a traffic stop based upon the fact that the vehicle is being operated on a public highway with a rear window that appeared to be tinted with a material having a light transmittance of less than 70%.
    Quote Quoting Blaze9
    ...and are these tickets able to be fought?
    Your defense to the ticket will be to establish that your vehicle was registered in North Carolina, that you were not required to register your vehicle in New York (e.g., you were in NY on a short-term visit, and not a resident of New York who had simply chosen not to follow the law to register the vehicle in that state after moving), and that your tint is lawful in North Carolina (NCGS Sec. 20-127).
    Quote Quoting New York Vehicle & Traffic Law, Sec. 250(1)
    1. Except as otherwise provided in subdivision three of this section, the provisions of this chapter relative to the registration and equipment of motor vehicles, motorcycles and trailers and the display of registration numbers shall not apply to a motor vehicle, motorcycle or trailer owned by a non-resident of this state, provided that the owner thereof shall have complied with the provisions of the law of the foreign country, state, territory or federal district of his residence relative to registration and equipment of such motor vehicle, motorcycle or trailer, as the case may be, and the display of registration numbers thereon, and shall conspicuously display his registration numbers as required thereby. However, except for a vehicle owned by a person who has obtained a waiver pursuant to the provisions of paragraph b of subdivision three of this section, with respect to such vehicle, the provisions of this subdivision shall be operative as to a motor vehicle, motorcycle or trailer owned by a non-resident of this state only to the extent that under the laws of the foreign country, state, territory or federal district of his residence like exemptions and privileges are granted to motor vehicles, motorcycles and trailers duly registered under the laws of and owned by residents of this state. A person, firm, association or corporation having a place of business in a foreign country, state, territory or federal district and owning a motor vehicle, motorcycle or trailer used in connection with and garaged at such place of business which such owner is compelled to register in such foreign jurisdiction shall be deemed a resident of such foreign jurisdiction and a non-resident of this state within the meaning of this subdivision for the purpose of enjoying the privileges of this subdivision with respect to such vehicle.

    In case a non-resident becomes a resident of this state, he shall be entitled for a period not exceeding thirty days from the date he becomes a resident to the same exemption from registering his vehicles in this state as he would have enjoyed had he remained a non-resident.
    New York's window tint law provides,
    Quote Quoting New York Vehicle & Traffic Law, Sec. 375(12-a)
    (a) Every motor vehicle, except a motorcycle, when driven or operated upon a public highway, road or street shall be equipped with a front windshield in a fixed and more or less upright position constructed of safety glass as defined in subdivision fourteen of this section and required by subdivisions eleven and twelve hereof. No person shall drive any motor vehicle with any sign or other nontransparent material other than a certificate or paper required to be displayed by law upon the front windshield or the sidewings or side windows on either side forward of or adjacent to the operator's seat.

    (b) No person shall operate any motor vehicle upon any public highway, road or street:

    (1) the front windshield of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent unless such materials are limited to the uppermost six inches of the windshield; or

    (2) the sidewings or side windows of which on either side forward of or adjacent to the operator's seat are composed of, covered by or treated with any material which has a light transmittance of less than seventy percent; or

    (3) if it is classified as a station wagon, sedan, hardtop, coupe, hatchback or convertible and any rear side window has a light transmittance of less than seventy percent; or

    (4) the rear window of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent. A rear window may have a light transmittance of less than seventy percent if the vehicle is equipped with side mirrors on both sides of the vehicle so adjusted that the driver thereof shall have a clear and full view of the road and condition of traffic behind such vehicle.

    (c) Any person required for medical reasons to be shielded from the direct rays of the sun and/or any person operating a motor vehicle belonging to such person or in which such person is an habitual passenger shall be exempt from the provisions of subparagraphs one and two of paragraph (b) of this subdivision provided the commissioner has granted an exemption and notice of such exemption is affixed to the vehicle as directed by the commissioner. The applicant for such exemption must provide a physician's statement with the reason for the exemption, the name of the individual with a medically necessary condition operating or transported in the vehicle, the specific condition involved, and the minimum level of light transmission required. The commissioner shall only authorize exemptions where the medical condition certified by the physician is contained on a list of medical conditions prepared by the commissioner of health pursuant to subdivision sixteen of section two hundred six of the public health law. If such such exemption is granted, the commissioner shall make a record thereof and shall distribute a sufficiently noticeable sticker to the applicant to be attached to any window so shielded or altered pursuant to such exemption.

    (d) The commissioner may test any window for a person who has been charged with violating this subdivision. If such window is found to be in conformity with this subdivision, a small label attesting to the conformity shall be affixed to the window tested.

    (e) On and after January first, nineteen hundred ninety-two, no person shall manufacture, sell, offer for sale, equip or operate a motor vehicle in this state in violation of the provisions of this subdivision, except that a person may operate a nineteen hundred ninety-one or earlier model year vehicle without violating this subdivision if the windows on said vehicle were in conformity with this subdivision as it existed on December thirty-first, nineteen hundred ninety-one.

    (f) The commissioner shall make such rules and regulations as he shall deem necessary to carry out the provisions of this subdivision.

    (ff) Notwithstanding any other provision of this section or any other general, special or local law, charter, administrative code, ordinance, rule or regulation to the contrary, any person operating a motor vehicle in a burial or funeral procession while travelling to or from a funeral, interment or cremation may place a funeral sign no larger than eight and one half by fourteen inches in any window of such vehicle, as long as such sign when so placed will not prevent such person from having a clear and full view of the road and the condition of traffic behind such vehicle.

  3. #3
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Ticketed for Window Tint for an Out-of-State Vehicle

    The vehicle is a company vehicle (Registered under a company) but I am listed as a driver in the insurance policy. I notified the officer that the car is registered in NC, and NC laws allow these tints, but he did not care and proceeded to issue me the ticket regardless.


    Assuming that my license is issued by NJ, from what I have read the NJ laws (5% rear tint/no front tint) will apply to me? as stated in
    1. Except as otherwise provided in subdivision three of this section, the provisions of this chapter relative to the registration and equipment of motor vehicles, motorcycles and trailers and the display of registration numbers shall not apply to a motor vehicle, motorcycle or trailer owned by a non-resident of this state, provided that the owner thereof shall have complied with the provisions of the law of the foreign country, state, territory or federal district of his residence relative to registration and equipment of such motor vehicle...
    Overview if what I said was confusing: I'm a NJ driver, driving a car registered in NC. The company is based in NC, hence the NC plates.



    Thank you for your help so far.

  4. #4
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    Default Re: Ticketed for Window Tint for an Out-of-State Vehicle

    The statutory defense remains the same, "Except as otherwise provided in subdivision three of this section, the provisions of this chapter relative to the registration and equipment of motor vehicles, motorcycles and trailers and the display of registration numbers shall not apply to a motor vehicle, motorcycle or trailer owned by a non-resident of this state, provided that the owner thereof shall have complied with the provisions of the law of the foreign country, state, territory or federal district of his residence relative to registration and equipment of such motor vehicle, motorcycle or trailer, as the case may be, and the display of registration numbers thereon, and shall conspicuously display his registration numbers as required thereby."

    You still need to prove that the owner complied with the law of the state in which the vehicle is registered, and was not obligated to register the vehicle in New York. Given that this is a company vehicle, perhaps your employer can help you with that.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,568

    Default Re: Ticketed for Window Tint for an Out-of-State Vehicle

    NYC Police and the Port Authority Police of NY & NJ issue window tint tickets to FL, GA, SC and all other out of state vehicles were it is legal to have window tint.

    The reason both these departments do this is for revenue, and they know that 99 times out of 100, it is easier to just mail a check for the amount of the fine to NYC or the Port Authority then it is to drive 1000 miles across country to win your case in court.

    But being that you're from Jersey, it may be easier for you to pay a $13 toll to enter lower Manhattan, pay $50 to park your vehicle, $18 for lunch and sit around all day until your case is called. Or just mail a check for $90 times 2?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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