Joey Slaughter, one of the Team Run Smart Pros, wrote a recent blog that raised a few questions on what the legalities are for window tinting on a truck. The source of the confusion may be because each state has different rules on how much light must be allowed through the window (e.g. 70% light transmittance). In addition, most glass already has a certain percentage of tint built in from the factory. So if you add a film (tint) that reduces light transmission, you may be inadvertently breaking the law. In this article I will exlpain the laws on window tinting that should clear up some of this confusion.
 
First of all, why are there laws and regulations that limit the amount of tint allowed on a driver window or windshield?

 

  • The driver’s vision. The darker the tint, the less light can pass through the window. This is great on a bright day, but a terrible idea at night.  The normal human eye works great in all light levels. Our eyes automatically adjust to different levels of light through our pupil, which widens in the dark and narrows in the bright light, but in some medical cases where you have vision impairments; you might need to do a slight tint job.
  • Law Enforcement Safety. Another reason for the window tint laws is for the safety of law enforcement.  If the officer cannot see into the vehicle due to a dark tint, then their safety is compromised because the driver may have a weapon the officer cannot see. 

Together, these two reasons are why you can tint the rear seat and back windows darker than the windshield and the driver and passenger windows.

Just from viewing one state's window tint laws for trucks, you can easily see why there may be confusion to the true meaning. 

Tennessee window tinting laws say:

 

 

 

Tennesse Statue Layman's Terms 

(a) (1) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle in which any window that has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, codified in 49 CFR 571.205, has been altered, treated or replaced by the affixing, application or installation of any material that:

(A) Has a visible light transmittance of less than thirty-five percent (35%); or

(B) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below seventy percent (70%).

Ultimately it's up to the prosecutor (ADA) and judge to the final outcome. The statute says it is on the burden of the driver (not the officer) to prove the tint is legal.
 
Section 1(B) means you can't have any tint on the windshield that affects the visual light transmittance (sun) less than 70%, which is very, very light. This means no tint is allowed on the windshield aside from what is factory installed in TN.

 
2) Any person who installs window tinting materials in this state for profit, barter, or wages or commissions is defined as a “professional installer” for the purposes of this section; and it is unlawful for a professional installer to apply tinting materials to any motor vehicle so as to cause that motor vehicle to be in violation of this section.

(3) All professional installers of window tinting materials shall supply and shall affix to the lower right corner of the driver's window an adhesive label, the size and style of which shall be determined by the commissioner of safety, that includes:

(A) The installer's business name; and

(B) The legend “Complies with Tennessee Code Annotated, § 55-9-107.”

(4) All professional installers of window tinting materials shall supply each customer with a signed receipt for each motor vehicle to which tinting materials have been applied that includes:

(A) Date of installation;

(B) Make, model, paint color and license plate number and state;

(C) The legend “Complies with Tennessee Code Annotated, § 55-9-107, at date of installation”; and

(D) The legend “This receipt shall be kept with motor vehicle registration documents.”

(5) The owner of any vehicle in question has the burden of proof that the motor vehicle is in compliance with this section.
If the tint is done at a legitimate tint shop, the compliance sticker should be on the bottom corner of the driver's door and there should also be a certificate that accompanies the tint. Place the certificate with your registration should it come under question. Of those vehicles where the compliance sticker is affixed, there usually isn’t an issue whether the tint was legal. It is always the responsibility of the driver to prove their tint is legal.
 
6) (A) The restrictions of this subsection (a) do not apply to any of the following motor vehicles:

(i) Any motor vehicle model permitted by federal regulations to be equipped with certain windows tinted so as not to conform to the specifications of subdivision (a)(1)(A) with respect to those certain windows;

(ii) Any motor vehicle bearing commercial license plates or government service license plates that are used for law enforcement purposes, for those windows rearward of the front doors; and

(iii) Any motor vehicle that is registered in another state and meets the requirements of the state of registration.

(B) This subdivision (a)(6) shall not be construed in any way to exempt the front door windows of any motor vehicle of any kind from the specifications of subdivision (a)(1)(A).
Any vehicles with government or commercial plates are exempt. However, section (B) says this subdivision shall not be construed in any way to exempt the front door windows of any motor vehicle of any kind from the specifications of subdivision (a)(1)(A), which refers to VLT less than 35%. In other words, commercial vehicles can have tint below the 35% requirement on the rear windows.
(C) It is probable cause for a full-time, salaried police officer of this state to detain a motor vehicle being operated on the public roads, streets or highways of this state when the officer has a reasonable belief that the motor vehicle is in violation of subdivision (a)(1), for the purpose of conducting a field comparison test.

(d) It is a Class C misdemeanor for the operator of a motor vehicle to refuse to submit to the field comparison test when directed to do so by a full-time, salaried police officer, or for any person to otherwise violate any provisions of this section.

(e) The commissioner of safety shall establish a standardized method and procedure by which law enforcement officers can readily, and with reasonable accuracy, conduct a field comparison test to determine if a motor vehicle's windows are in compliance with this section.
Officers have the authority to conduct a traffic stop and inspect the tint and penalties for refusing to allow tint to be inspected. It also mentions that the commissioner is required to provide a standardized method to measure the tint. This could be using a meter or those little cards that some departments issue their officers.


Then look at FMCSA's Regulation (In Layman's Terms):
 
Coloring or tinting of windshields and the windows to the immediate right and left of the driver is allowed, provided the light through the tint is not less than 70 percent of the normal light conditions. The transmittance restriction does not apply to other windows on the commercial motor vehicle.

So how much window tint is legal?

70% light transmittance is legal. Clear glass is at about 88% and most OEM windows are lightly tinted to allow about 75-77% light transmittance. If you plan to tint your windows, be sure to check your state’s specific regulations for compliance and keep in mind the FMCSA’s. It would not take much tint to put you in violation of the regulations and subject to a CSA point for that violation.

 

 

Comments (11)

Jim Klepper

Jim Klepper is a nationally-recognized transportation attorney and trucking industry advocate. His national law firm is entirely dedicated to trucking defense, and has defended over 260,000 CDL drivers and carriers since the advent of the CDL. He is personally licensed to practice law in 16 states, including the United States Court of Appeals and the U.S. Supreme Court. A prominent author and speaker, Jim regularly writes legal advice columns for truckers in industry trade journals, and is a featured advisor on national radio shows. He serves on the Board of Directors of the Truckload Carriers Association, the American Trucking Association, the Arkansas Trucking Association, the Oklahoma Trucking Association and the Oklahoma Humane Society. Mr. Klepper is active in many charities and trucking industry initiatives, and is also a Licensed Pharmacist.

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It would definitely be an adding expense, but some of the new construction equipment has windows that tint automatically. If our windows would tint to the setting of the state with the most strict laws that should keep us from getting a ticket.

December 01, 2013 9:35:58 AM

My company has banned all tint and sunvisors on all there trucks either you take it off or next time your in the shop they will do it for you.

September 12, 2013 12:16:26 PM

The clear tint is an ultra violet ray blocker at around $180 installed. I haven't found it for the do-it-yourselfer (company driver) but I'm still looking. I have considered an 8" to 10" long curtain, but I'm uncertain how the DOT would react ($$$), although they seem to ignore the large sunvisors that cover 1/2 the windshield found on many classic conventionals.

July 10, 2013 8:06:05 AM

Sorry Ray I thought this link posted! In the original blog Terry O. talks about clear window tint that is used as a sun screen. You can read about it here: https://www.teamrunsmart.com/the-pros/joey-slaughter/may-2013-(1)/window-tinting-and-other-hints-to-protect-from-sun

July 08, 2013 12:14:46 PM

Sorry Ray I thought this link posted! In the original blog Terry O. talks about clear window tint that is used as a sun screen. You can read about it here: https://www.teamrunsmart.com/the-pros/joey-slaughter/may-2013-(1)/window-tinting-and-other-hints-to-protect-from-sun

July 08, 2013 12:14:44 PM

Nice article, very helpful information on window glass tinting. I am glad that I found your post and got to read such useful information.

July 06, 2013 6:36:23 AM

Hey Linda, what do you mean "clear tinted"? I've never heard of that.

July 03, 2013 21:11:54 PM

Our side windows were tested when we first bought our truck and they were almost to the legal tint. Any window tinting I believe would have put us over the limit. If we were concerned about the sun we would have our windows clear tinted.

July 03, 2013 15:07:12 PM

I need to have some tintapplied tomy windows for the same reason,however, a friend of mine wasdrivingthru Iowa and got a $125 ticket for his tint. I guess I need to investigate more, but its a helpful article

July 03, 2013 14:57:54 PM

Great article! I thought they changed the law about this because of the amount of exposure to the sun we receive? As for the officers safety, how many weapons have ever been produced from a truck driver? Not to say they haven't before, but they have the training to work around that.

After nearly 18 years of driving, my left arm already has pigmentation discoloring and moles growing on it, which my right arm doesn't. My left arm is also always darker than my right.

I'm sure their solution would be to wear sunscreen. However, I'm not too fond of that solution either. Who's to say that sunscreen doesn't cause cancer or some other anomaly in the body after continuous use for twenty to thirty years nearly every day.

Finally, I don't see why the police get to have window tinting that looks like limo tint in an everyday patrol car. In a detectives car I can see the point, but not for traffic enforcement. The sheriff cars in GA are so dark, that I'm surprised they can see anything at all.

Okay, I'm done ranting...for now.

July 03, 2013 11:45:12 AM

Thanks for the article. I definitely see why people can get confused with the regulation!

July 02, 2013 18:34:59 PM