Its all been talked about before… Yes, Window Tint. Lets get the facts here
The best way to avoid getting a window tint ticket is to simply not install window tint
Window Tinting is Legal in Pennsylvania because neither the Statute, which the legislature has enacted according to the will of the people, nor the Regulation, which the Administration has passed to clarify the law, prohibit it.
Note that the law only prohibits tinting which prevents a person from seeing or viewing the inside of the vehicle. It does not prohibit all tinting or tinting below 70%.
(1.) Note also that it does NOT say that a person must be able to view the inside of the vehicle, only that the tint cannot prevent a person from seeing in. (no one can see into a vehicle at night, even with clear windows) Also the way the law is stated it is only requiring that a person be able to see the inside either through the windshield, side wing OR side window. If the word ‘and’ was used instead of ‘or’ it would require viewing through all of the mentioned windows.
The Law therefore implicitly permits any tinting which does not prevent a person from seeing or viewing the inside of the vehicle.
TABLE X ( This is what Police will show you when your pulled over )
http://www.dot3.state.pa.us/pdotforms/fact_sheets/fs-sun.pdf
1. TABLE X DOESN’T ACTUALLY PROHIBIT ANYTHING
If you read Table X, you’ll see that it doesn’t really “prohibit” anything. It mentions “acceptable” transmittances, but it doesn’t even say “what” such figures are “acceptable” for? Nor is it referred to in the actual regulation, except to say that vehicles permitted by FMVSS205 are NOT subject to Table X. If the lawyers meant to say (i.e. were legally permitted to say…) that tint below 70% was actually illegal, they would have simply written ‘Tint below 70% is prohibited, unacceptable, and illegal.’ All the other Regulations are worded this way, (reject if headlight does not work, reject if glass is broken, etc).
2. TABLE X IS MEANT FOR INSPECTION STATIONS ONLY
The Police are aware that Table X is contained within the Inspection Regulations that are meant for Inspection Stations only. However, they think that Inspections Stations just didn’t want to be bothered enforcing the tint law, so they asked PENNDOT to let them illegally pass illegal vehicles so that the police could then stop and cite the vehicles as they drove out with valid Inspection Stickers.
Table X is NOT a LAW! Police will pull you over and say you are iilegal according to Table X. Yet you are cited for 4524 (e) (1) Which clearly state that there is nothing wrong with having window tint on the rear side and rear window.
Now it is alot harder to win a tint ticket when you do have tint on your front and side roll up windows.
But here are some tips when your pulled over and in Court:
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Have a piece of paper in the car with the sentence, “If you can read this with my window up, then I’m not in violation”.
show the sign in court, and ask the officer if they read that sign when I was in my car with the windows up. If he states yes, then you are on your way. -
Simply roll your windows down where you know you have problems with tint tickets.
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Try the “And, Or” as stated above.
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Make them work for their money! Request for “Bill Of Particulars”
There are Questions you are entitled to ask, and samples of documents you can request from your accusers. Rules of Criminal Procedure 572 entitles you to receive answers BEFORE the trial.
( I have a form written up that you can fill in your name and sent to the court, PM for that Microsoft Works File. With this you may have a very good chance at winning.)
Being Stopped for Window Tint
IT IS ILLEGAL FOR AN OFFICER TO STOP A VEHICLE WITHOUT PROBABLE CAUSE.
Any officer will admit that they are trained to always have a reason. They could say, “the vehicle was swerving”, or “he did not come to a full stop a a stop sign”, but they are trained to NEVER just say, “I had a feeling” or “something seemed suspicious.”
If an officer noticed that he was unable to "see or view the inside of the vehicle through the windshield, side wing or side window " then he would say you violated the PA Statute and he has probable cause to stop your vehicle (not to search it), and cite you.
EVIDENCE OBTAINED ILLEGALLY IS NOT ADMISSIBLE IN COURT
If measurements of a window were taken without a search warrant or the owner’s consent, a court would rule such evidence as inadmissible.
THERE IS NO STATUTE IN PA BANNING TINT BELOW 70%
so even if the readings were admitted, they would be irrelevant. Not only are the meters not approved, there simply is no Law (Statute) that even mentions percentages or transmittances.
SINCE THERE IS NO STATUTE BANNING TINT ALTOGETHER OR BY PERCENTAGES
if an officer stopped a vehicle only because he noticed the presence of tint, that would not constitute sufficient probable cause to warrant a vehicle stop and therefore the Court would rule that
THE ENTIRE STOP WAS DONE IN VIOLATION OF THE RIGHTS OF THE CITIZEN AND WAS THEREFORE AN ILLEGAL ACT.
I will be adding more information as it comes in but for now here are some of the facts. Please keep this thread clean of questions.
If you get pulled over for tint and feel like complaining and posting about it then go to “Off Topic”
Thank you
