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Massachusetts Window tint law

(Click here to view the original thread on the MassCops Message Board)


Posted by: mactj2

I got pulled over today (the first time in my life, also I had just pulled into my driveway) I was getting out of my car and the blues went on. The cop got out and said he thinks my window tint is in violation...The car came from the dealer like that ,I did not add it. It was 4:40 pm...so it was almost dark out. He put a meter up to the glass and it said it was too dark. He then asked for lic. and registration...he came back and told me to have the tint removed...I said ok...then he handed me a $250.00 Ticket.
Can you be pulled over for that?
Does this affect my insurance?
How accurate are these meters at nighttime conditions?
He said I have 20 days to appeal it, which I likely will. After I got in my house I called the dealer...the cop said it was illegal for them to sell it like that..The dealer said they will remove it and probably pay the fine.Should I go ahead with the appeal...or just let the dealer pay it?
Thanks,
TJ



Posted by: Gil

1) Yes you can, it's called an equipment violation.

2) The time of day or night has no effect on the meters

3) That's up to you.



Posted by: T4567

i believe it does go on your insurance.



Posted by: PDExplorer3

Just curious, what kind of vehicle is it? Most stock vehicles do not come with tint on the front windows... and I am almost positive their is a loop hole in Ma Law that allows you to have your back windows as dark as you want



Posted by: MM1799

Dude just remove the tint (or have the dealer do it) and chances are you'll win your appeal. Just bring pics to prove you did it.
Quote:
How accurate are these meters at nighttime conditions?
Well I heard from the sister of the brother of a dealer that at night the accuracy plummets 74.29%, but I've never investigated. Bring that up at the appeal and let me know, thanks.



Posted by: Unregistered

So you were riding dirty again, eh?

Which window had the violation? Short answer: you can't tint in Mass but if the manufacturer (e.g. Ford and NOT the dealer) put it there, then it can stay.

mass.gov / rmv / inspect / 540cmr4 / sec404b . htm


Glazing and Windshield Wiper(s).

(a) Windshield Critical Viewing Area is the area covered by the sweep of the wiper(s) exclusive of the outer two inches within the perimeter of the wiper(s) sweep, provided by the vehicle manufacturer.

(b) Windshields having any of the following defects will be rejected

1. Any broken glass with sharp or jagged edges inside or outside.

2. Any stone bruise, star break, or bulls eye, damage in excess of 1 inch in diameter within the critical viewing area or larger than 2 inches outside the critical viewing area, or multiple such damage.

3. Single line cracks which extend more than three inches into the critical viewing area.

4. Multiple cracks, having one or more which extends into the critical viewing area.

5. Wiper scrape(s) in excess of 1/4 inch wide within the critical viewing area.

6. Clouding extending more than three inches within the perimeter of the exposed glass.

7. No poster, sticker decal or any other item shall be attached to the windshield in such a manner so as to obstruct the vision of the operator.

8. Any tinting or reflective material applied by brush, spray, or adhesive which is below the uppermost six inches of the windshield or which may encroach upon the driver's direct forward viewing area. (All such tinting provided by the original manufacturer in compliance with applicable Federal Motor Vehicle Safety Standards is acceptable.)

(c) Rear Windows. Rear windows must allow an unobstructed view to the rear, unless the vehicle is equipped with two outside rear view mirrors.

(d) Windshield Wiper(s). Test for proper operation. If the vehicle was equipped with two wipers, as furnished by the manufacturer, both must be maintained in good working order. Wiper blades must properly contact the windshield and, be of the same length as those furnished as original equipment. The rubber elements shall be free from damage or tears.

(e) Windshield Cleaner. If the vehicle was equipped with windshield cleaner equipment as furnished by the manufacturer, units must be maintained in good working order.

(f) Window Tinting. Aftermarket tinting or alterations that do not change the transparency beyond that of the standards set forth in 49 Code of Federal Regulations Part 571.205 is acceptable on windows immediately adjacent to the operator and front passenger seat and the windows immediately to the rear of the operator and front passenger seat. The rear window may also be so tinted provided the vehicle is equipped with two outside rear view mirrors. The windshield may only be tinted down to the AS-1 line usually located in the uppermost six inches of the windshield. 540 CMR 4.04((f) shall not apply to the following:

1. All window tinting as provided by the original manufacturer that is in compliance with applicable Federal Motor Vehicle Safety Standards.

2. Authorized vehicles used to transport K-9 teams.

3. Vehicles registered out-of-state.

4. Vehicles for which a medical exemption has been issued by the Registry of Motor Vehicles.

5. All windows to the rear of the operator's seat on vehicles used for public livery, except taxicabs.



Posted by: 14298a

The tint meter has it's own internal light source. Assuming the battery was good, these meters are very accurate and come with 2 test panels which the officer uses to check the accuracy of the meter.. Darkness does not affect the accuracy of the meter.



Posted by: Curious EMT

There are no loopholes in MGL for window tint. There are a few exceptions to the law which are clearly stated in the statute, but no loopholes.

If this was your first time getting pulled over, it must be your first ticket. Insurance gives you one "free-bee" that wont add a surcharge, but you also won't go down any steps for that year. You'll stay the same. (Well, they dont use "steps" anymore, but whatever they call it for behaving you wont get).

If your driving record is clear like you say it is, I would get the tint removed (have it done professoinaly, otherwise you'll destroy the rear window defoger grid), take pictures, bring the recipt and car to an appeal. Hopefuly since you immediately corrected the problem and have no driving record, they'll find you "not responsible" for the ticket. If they still find you responsible, take the dealer up on the offer to pay it.

Personaly I wouldnt let him just pay it. There are more reprocussions other than the $250.

Oh, how dark did he the meter say this tint is?



Posted by: kwflatbed

One option:

Take your car to a couple of state inspection stations and have them check it if you feel that the tint is not to dark, they are all required to have meters.
If they say it is legal ask them to give you a statement saying that it is legal.



Posted by: Curious EMT

Oh, and I dont know what the heck "unregistered" posted, but window tint is covered under Mass General Law 90/9D

The abridged version:
35% is the legal limit (darker is illegal, and that means the ENDING %, not what % they apply. Putting 35% film on a modern car window will yeild about a 28% total light transmission level.

May tint any side window completely.
~~Windows adjacent to driver / passanger and the windows immediately behind driver
/passanger may only be 35%
May tint top 6" of windshield (35% limit)
May tint rear window if equiped with 2 outside mirrors (35% limit)

The only "loophole" I guess is that if you have a station wagon or minivan or whatever wthat has 3 side windows, the rearmost can be tinted to any level. Its only the first two windows on each side that are regulated.

There are exceptions like:
Factory tint (it's colored glass, not actual a film like the aftermarket ricer stuff) as found on SUV's / minivans
With a doctor's note to the registry, then registry permission
K9 units
Out of state vehicles.

Quote:
Originally Posted by kwflatbed
One option:

Take your car to a couple of state inspection stations and have them check it if you feel that the tint is not to dark, they are all required to have meters.
If they say it is legal ask them to give you a statement saying that it is legal.
I wonder if the origional poster even has an inspection sticker? Did the dealer do some finagiling?

KW, is the tint meter attached to the inspection machine that automaticaly feeds the readings into the software, or is it a stand-alone unit that requires the operator to imput the results into the inspection machine?



Posted by: irish937

The key question would be: which window was considered in violation? Without that, this specific scenario cannot be appropriately answered.



Posted by: kwflatbed

KW, is the tint meter attached to the inspection machine that automaticaly feeds the readings into the software, or is it a stand-alone unit that requires the operator to imput the results into the inspection machine?

Usualy they have the hand held stand alone.



Posted by: copcar65

I used to vigorously enforce the window tint law as an officer safety issue.

I have a hard time doing it now when you see so manay police cruisers way over the tint level. Many of the surrounding towns and the local MSP cruisers are clearly above the 35%. (and no they are not K-9 units).

Cocpar65



Posted by: Andy0921

Copcar that I why I don't enforce the cell phone law much here!I see more cops talking on there phones than I do civilians



Posted by: Gil

I think the law should be revised to exclude all police vehicles not just K9. Instructors are always saying the less of a target the better, well it works the same way in a cruiser.



Posted by: Andy0921

You can fill out a form here for permission to be excluded from the window tint laws.



Posted by: mactj2

For additional info on my original post:
The car in question is a 2005 Jeep Grandcherokee Laredo.
I have had 2 state inspections performed, never rejected.
Is this something that I could have recieved a warning for??
The meter reading the officer performed was in fact "in violation" at 31%, I am not disputing that...in fact I have an appointment for tomorrow to have the tint removed. I am just shocked that the fine is $250.00.
Thanks,
TJ



Posted by: soup

Quote:
Originally Posted by copcar65
I used to vigorously enforce the window tint law as an officer safety issue.

I have a hard time doing it now when you see so manay police cruisers way over the tint level. Many of the surrounding towns and the local MSP cruisers are clearly above the 35%. (and no they are not K-9 units).

Cocpar65
Having extra tint on police vehicles is an officer safety issue. The darker, the better! Nobody needs to see inside my cruiser but me.



Posted by: j809

Quote:
Originally Posted by Gil
I think the law should be revised to exclude all police vehicles not just K9. Instructors are always saying the less of a target the better, well it works the same way in a cruiser.
POVs too.



Posted by: ferus fidelitas

must have been an officer that was bored... without a serious violation or a wiseguy.... who cares ? many elderly "snow birds" commute to this state from Florida and they have tinted windows... nice to have this law in your bag of tricks for wiseguys, but why screw decent people over for such a trivial offense and jeapordize their ability to provide for their family..? small town stuff OR big city stuff where you can articulate that your safety was in jeapordy - a discretion thing - this poster certainly does not seem like a hood that deserved such a hit...would be interesting to see where he got the cite....



Posted by: j809

Quote:
many elderly "snow birds" commute to this state from Florida and they have tinted windows
You do know that it's ok if they have FL plates



Posted by: 1moreftrleo

Quote:
Originally Posted by ferus fidelitas
nice to have this law in your bag of tricks for wiseguys, but why screw decent people over for such a trivial offense and jeapordize their ability to provide for their family..?
Although I do wish I could get some nice tinting on my POV I do agree with this law completely. Even though I’m not yet a LEO I can imagine how nerve-wracking it must be to approach a vehicle and not be able to see what’s going on inside.


Quote:
Originally Posted by ferus fidelitas
small town stuff OR big city stuff where you can articulate that your safety was in jeapordy - a discretion thing - this poster certainly does not seem like a hood that deserved such a hit...would be interesting to see where he got the cite....
I’m sure we don’t know all the details of the stop but I would assume the officer either saw the poster and could tell he was young or choose the vehicle because it looks like something a younger guy would have… or maybe, as outrageous as it may seem, there might be an officer somewhere out there who enforces the laws no matter who breaks them? Nah, that can’t be it, otherwise we’d have to call justice blind!



Posted by: Crvtte65

Quote:
Originally Posted by Curious EMT
Oh, and I dont know what the heck "unregistered" posted, but window tint is covered under Mass General Law 90/9D
This is what he posted as far in re legal tinting:

f) Window Tinting. Aftermarket tinting or alterations that do not change the transparency beyond that of the standards set forth in 49 Code of Federal Regulations Part 571.205 is acceptable on windows immediately adjacent to the operator and front passenger seat and the windows immediately to the rear of the operator and front passenger seat. The rear window may also be so tinted provided the vehicle is equipped with two outside rear view mirrors. The windshield may only be tinted down to the AS-1 line usually located in the uppermost six inches of the windshield. 540 CMR 4.04( 8 )(f) shall not apply to the following:

1. All window tinting as provided by the original manufacturer that is in compliance with applicable Federal Motor Vehicle Safety Standards.

2. Authorized vehicles used to transport K-9 teams.

3. Vehicles registered out-of-state.

4. Vehicles for which a medical exemption has been issued by the Registry of Motor Vehicles.

5. All windows to the rear of the operator's seat on vehicles used for public livery, except taxicabs.



Posted by: Sniper

Quote:
Originally Posted by ferus fidelitas
nice to have this law in your bag of tricks for wiseguys, but why screw decent people over for such a trivial offense and jeapordize their ability to provide for their family..?
so it's an officer safety isue only if the person is not providing for a family or if he/she is driving a Honda Accord in Roxbury?.......... When my gun or Kilo case gets called for that motion to suppress, and they pull my V's from the last year, I know I don't wanna be the one who is ONLY WRITING "dirtbags" for tint.......... your thought process might float where YOU work but all of us cant operate like that....... Now I WILL meet you half way and agree that this person, in this instance, prolly should not have been gigged for 31%.



Posted by: MM1799

Let's not second guess this officer. None of us, except for the original poster, were there. I would find it amazing if the original poster hadn't skewed (some of) the facts to show him in a good light. It might have happened the way he said, maybe it didn't. The fact is this officer decided to gig him and the poster has some options on how he is going to deal with it. Good luck



Posted by: mactj2

Quote:
Originally Posted by MM1799
Let's not second guess this officer. None of us, except for the original poster, were there. I would find it amazing if the original poster hadn't skewed (some of) the facts to show him in a good light. It might have happened the way he said, maybe it didn't. The fact is this officer decided to gig him and the poster has some options on how he is going to deal with it. Good luck
I posted the original post. It happened exactly as I had posted...The officer was not acting like a pr**K...neither was I. The way he was talking with me made it seem like it was no big deal...then he hands me a $250 ticket. Thats what got me...the only ticket I ever got was for parking on the street overnight (in front of my own house) Never pulled over,never in an accident,never arrested etc...

I did not post here to make the guy out to an A**...I respect the job everyone does on this board. I think a warning should sufficed...then again so does anyone who gets a ticket...lol. With that, I am aware of my options and I thank those who replied.
Thanks,
TJ





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