WINDOW TINTING

House Bill 5634 (proposed H-1 substitute)

Sponsor:  Rep. Julie Alexander

Committee:  Transportation and Infrastructure

Complete to 3-5-18

SUMMARY:

House Bill 5634 would amend the Michigan Vehicle Code to revise provisions regarding window tinting.

Currently under the Code, a person is prohibited from operating a motor vehicle with a sign, poster, nontransparent material, window application reflective film, or nonreflective film on or in the front windshield, the driver’s or front passenger’s side windows, or the sidewings next to and in front of the driver or front passenger—except that tinted film is allowed if it doesn’t extend more than four inches from the top of the windshield or extend lower than the shade band, whichever is less.

The bill would retain this prohibition, but would expand its exceptions to allow the following:

·         On the windshield: Tinted film that doesn’t extend more than six inches from the top of the windshield or extend lower than the manufacturer’s AS-1 line, whichever is greater. (The AS-1 line is a line extending from the “AS-1” marking found on most vehicle windshields and running parallel to the top of the windshield.)

·         On the front side windows or forward sidewings: A material that has a total solar reflectance of visible light of 15% or more.

The Code also currently prohibits a person from using, on a rear window or a side window behind the driver, material that creates a total solar reflectance of 35% or more in the visible light range, including a silver or gold reflective film—except that the use of a nonreflective, smoked or tinted glass, perforated window screen, or other decorative window application is allowed on those windows.

The bill would replace both this prohibition and its exception with a provision allowing a person to operate a motor vehicle with a material on a rear window or a side window behind the driver that has a total solar reflectance of visible light of 15% or more.

The Code also currently prohibits a person from operating a motor vehicle with an object that obstructs the driver’s vision. The bill would eliminate this prohibition.

The Code includes exceptions to the prohibitions described above, which the bill would retain, such as for vehicles registered elsewhere, for necessary certificates or stickers that do not obstruct a driver’s clear view of the road, and for window treatments that are medically necessary to protect an individual. The bill would further specify that medically necessary window treatments could be for the protection of individuals other than the vehicle’s driver.

The bill would take effect 90 days after it is enacted.

FISCAL IMPACT:

The bill would have no direct impact on the state or local governments.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Michael Cnossen

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.