SB 255

                SPONSOR:
                Sen. Buckson & Rep. Yearick
                Sens. Hoffner, Pinkney, Wilson; Reps. Cooke, Gray, D. Short
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE SUBSTITUTE NO. 1
        FOR
        SENATE BILL NO. 255
        AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TINTING OF MOTOR VEHICLE WINDSHIELD, WINDOWS, OR SIDE WINGS.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend § 4313, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 4313. Safety glass — Federal safety standards applicable to windshield, front side
        windows
        window,
        and side wings; window tinting.
        (a)
        No person shall
         Subject to subsections (b) through (f) of this section, it is unlawful to
         operate
        any
         a
        motor vehicle on
        any
         a
        public highway,
        road
         road,
        or street
        with
         if
        the
        front
        windshield,
        the
         side windows to the immediate right and left of the
        driver and/or
         driver,
         side wings forward of and to the left and right of the
        driver that
         driver, side windows behind the driver, or the rear window
        do not meet the requirements of Federal Motor Vehicle Safety Standard 205
        , 49 C.F.R. 571.205, which is
        in effect at the time of
        its
         the motor vehicle’s
        manufacture.
        (b)
        Nothing in this section shall prohibit the use of any products or materials
         Window tint or other material may be applied
         along the top edge of
        the
         a motor vehicle’s
        windshield
        so long as such products or materials are
         if the window tint or other material is
        transparent and
        do
        does
        not encroach
        upon
         on
        the AS-1 portion of the windshield as provided
        by FMVSS 205 and [former] FMVSS 128.
         under Federal Motor Vehicle Safety Standard 205, 49 C.F.R. 571.205.
        (c)
        (1)
        No person shall operate any motor vehicle on any public highway, road or street which does not conspicuously display a certificate by the manufacturer of any “after manufacture” window tinting material which may have been installed that such window tinting material meets the requirements of FMVSS 205 in effect at the time of the vehicle’s manufacture. It shall be a valid defense to any charge under this subsection if the person so charged produces in court a validated mandatory inspection notice showing that the Division of Motor Vehicles has examined the motor vehicle since the date of offense and certifies compliance with FMVSS 205.
         Window tint or other material may be applied to the side windows to the immediate right and left of the driver and side wings forward of and to the left and right of the driver, if the window tint or other material has a visible light transmission of 50% or greater.
        (2) Window tint or other material having a visible light transmission of 0% or greater may be applied to the side windows behind the driver or the rear window.
        (d)
        No person shall be convicted under this section if that
         A person is not in violation of this section if the
        person possesses a statement signed by a licensed practitioner of medicine and
        surgery or
        surgery,
        osteopathic
        medicine
        medicine,
        or optometry verifying that tinted windows are medically necessary for the owner or usual operator of
        said
        the motor
        vehicle.
        (e) This section
        shall
         does
        not apply to anodized glass which is correctly installed in the windshield and windows of an antique motor vehicle or street rod, as
        such are
        defined
        in
         under
        §§ 2196 and 2197 of this
        title
         title,
        or of a motor vehicle validly insured under an antique,
        classic
         classic,
        or street rod designated motor vehicle insurance policy that covers the motor vehicle,
        pursuant to
         under
         § 2118 of this title.
        (f)
        This section shall not apply to any police K-9 unit vehicles, or any surveillance vehicles operated by a “police officer,” as defined under § 8401 of Title 11. This exception shall not apply to marked vehicles, except for police K-9 unit vehicles, or those unmarked vehicles used primarily for regular duty patrols.
        This section does not apply to a vehicle operated by a law-enforcement officer, as “law-enforcement officer” is defined under § 222 of Title 11
        SYNOPSIS
        Currently, window tint or other material placed on the front side windows of a motor vehicle must have a visible light transmission of 70% or greater unless the vehicle’s owner has a statement signed by a licensed practitioner of medicine and surgery or osteopathic medicine or optometry verifying that tinted windows are medically necessary. Currently, there is not a visible light transmission requirement for the side windows behind the driver or the rear window.
        This Act is a substitute for Senate Bill No. 255. Like Senate Bill No. 255, this Act does all of the following:
        (1) Changes the visible light transmission requirement for window tint or other material placed on the front side windows.
        (2) Clarifies that there is not a visible light transmission requirement for the side windows behind the driver or the rear window.
        (3) Clarifies the exception for vehicles operated by a law-enforcement officer by exempting these vehicles from this law.
        This Act differs from Senate Bill No. 255 by changing the visible requirement for window tint or other material placed on the front side windows, and side wings, from 35% or great to 50% or greater.
        Author: Senator Buckson