New Jersey State Commission to Review Windshield Tint Enforcement Laws

At their monthly meeting on Thursday, the New Jersey Law Revision Commission has agreed to review the state’s statutes regarding window tinting, a law that has long been the subject of much controversy due to its ambiguity.

The current New Jersey window tint law was first put into place in 2003 but has never specifically defined what level of tint is permissible, leading to approximately 50,000 citations statewide every year.

N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ‚Äúnontransparent material‚ÄĚ on the front windshield or front side windows. Although the statute, first enacted in 1921 to prevent windshield obstructions, predates automotive window tinting, it commonly serves as the statutory basis for tinted window citations.

In 2022, the state Supreme Court ruled in favor of a man who was arrested and charged by Trenton police in 2018 on a gun charge after he was pulled over for having a darkened rear window, ruling that police had no justification for pulling him over.

Current law in New Jersey prohibits add-on tinting on windshields and front side windows of motor vehicles, except for individuals who have a medical condition involving ophthalmic or dermatological photosensitivity.

Earlier this year, a bill was proposed which, if passed, would add migraines to the list of medical conditions that would permit a person to install tint on their motor vehicle window.

The Commission, which regularly reviews laws to determine whether they need any tweaking, does not have the power to actually make any changes, rather they make recommendations for the state Legislature.

 

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5 COMMENTS

  1. NJ State Commision Says Window Tinting Laws Are Lacking Clarity and Transparency
    In agreeing to review NJ State’s statutes regarding windshield tinting, the NJ Law Revision Commision issued a statement on Friday saying: “New Jersey’s window tint laws are lacking in transparency and clarity, and were legislated without a clear vision as to how the law should be implemented.”
    “Due to this lack of transparency and clarity, it is extremely difficult for the average layman to see through all the complex details of the legislation which was intended to improve the ability of motorists to see the road ahead of them in a clear and tranparent fashion.”
    “Until additional light is shed upon the current legislation that will enable NJ motorists to clearly see and understand the prohibition, we can not, in good conscience, sanction and turn a blind eye to this non-transparent, opaque law.”
    “We beseech NJ lawmakers to peel off the thin layer of ambiguity and the veil of darkness from this legislation, so that all of NJ’s residents can clearly see what this window-tinting prohibition is all about.”

  2. People with medical conditions and taking MEDICATION shouldn’t be driving!!!!!!!! I’m an accident surviver from a van accident and I was in that van when it happened

    • not all medications are a problem. My sister is on longer term antibiotics for a bone infection which makes her photo sensitive. Are you offering to drive her kids to school?

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