§ 20-127. Windows and windshield wipers.
§20‑127. Windows and windshield wipers.
(a) Windshield Wipers. A vehicle that is operated on a highway and has a windshield shall have awindshield wiper to clear rain or other substances from the windshield in frontof the driver of the vehicle and the windshield wiper shall be in good workingorder. If a vehicle has more than one windshield wiper to clear substances fromthe windshield, all the windshield wipers shall be in good working order.
(b) Window TintingRestrictions. A window of a vehicle that is operated on a highway or a publicvehicular area shall comply with this subsection. The windshield of the vehiclemay be tinted only along the top of the windshield and the tinting may notextend more than five inches below the top of the windshield or below the AS1line of the windshield, whichever measurement is longer. Provided, however, anuntinted clear film which does not obstruct vision but which reduces oreliminates ultraviolet radiation from entering a vehicle may be applied to thewindshield. Any other window of the vehicle may be tinted in accordance withthe following restrictions:
(1) The total lighttransmission of the tinted window shall be at least thirty‑five percent(35%). A vehicle window that, by use of a light meter approved by theCommissioner, measures a total light transmission of more than thirty‑twopercent (32%) is conclusively presumed to meet this restriction.
(2) The lightreflectance of the tinted window shall be twenty percent (20%) or less.
(3) Tinted film oranother material used to tint the window shall be nonreflective and shall notbe red, yellow, or amber.
(c) Tinting Exceptions. The window tinting restrictions in subsection (b) of this section applywithout exception to the windshield of a vehicle. The window tintingrestrictions in subdivisions (b)(1) and (b)(2) of this section do not apply toany of the following vehicle windows:
(1) A window of anexcursion passenger vehicle, as defined in G.S. 20‑4.01(27)a.
(2) A window of a for‑hirepassenger vehicle, as defined in G.S. 20‑4.01(27)b.
(3) A window of a commoncarrier of passengers, as defined in G.S. 20‑4.01(27)c.
(4) A window of a motorhome, as defined in G.S. 20‑4.01(27)d2.
(5) A window of anambulance, as defined in G.S. 20‑4.01(27)f.
(6) The rear window of aproperty‑hauling vehicle, as defined in G.S. 20‑4.01(31).
(7) A window of alimousine.
(8) A window of a lawenforcement vehicle.
(9) A window of amultipurpose vehicle that is behind the driver of the vehicle. A multipurposevehicle is a passenger vehicle that is designed to carry 10 or fewer passengersand either is constructed on a truck chassis or has special features designedfor occasional off‑road operation. A minivan and a pickup truck aremultipurpose vehicles.
(10) A window of a vehiclethat is registered in another state and meets the requirements of the state inwhich it is registered.
(11) A window of a vehiclefor which the Division has issued a medical exception permit under subsection(f) of this section.
(d) Violations. Aperson who does any of the following commits a misdemeanor of the class set inG.S. 20‑176:
(1) Applies tinting tothe window of a vehicle that is subject to a safety inspection in this Stateand the resulting tinted window does not meet the window tinting restrictionsset in this section.
(2) Drives on a highwayor a public vehicular area a vehicle that has a window that does not meet thewindow tinting restrictions set in this section.
(e) Defense. It is adefense to a charge of driving a vehicle with an unlawfully tinted window thatthe tinting was removed within 15 days after the charge and the window nowmeets the window tinting restrictions. To assert this defense, the personcharged shall produce in court, or submit to the prosecuting attorney beforetrial, a certificate from the Division of Motor Vehicles or the Highway Patrolshowing that the window complies with the restrictions.
(f) Medical Exception. A person who suffers from a medical condition that causes the person to bephotosensitive to visible light may obtain a medical exception permit. Toobtain a permit, an applicant shall apply in writing to the Drivers MedicalEvaluation Program and have his or her doctor complete the required medicalevaluation form provided by the Division. The permit shall be valid for fiveyears from the date of issue, unless a shorter time is directed by the DriversMedical Evaluation Program. The renewal shall require a medical recertificationthat the person continues to suffer from a medical condition requiring tinting.
A person may receive no morethan two medical exception permits that are valid at any one time. A permitissued under this subsection shall specify the vehicle to which it applies, thewindows that may be tinted, and the permitted levels of tinting. The permitshall be carried in the vehicle to which it applies when the vehicle is drivenon a highway.
The Division shall give aperson who receives a medical exception permit a sticker to place on the lowerleft‑hand corner of the rear window of the vehicle to which it applies.The sticker shall be designed to give prospective purchasers of the vehiclenotice that the windows of the vehicle do not meet the requirements of G.S. 20‑127(b),and shall be placed between the window and the tinting when the tinting is installed.The Division shall adopt rules regarding the specifications of the medicalexception sticker. Failure to display the sticker is an infraction punishableby a two hundred dollar ($200.00) fine. (1937, c. 407, s. 90; 1953,c. 1254; 1955, c. 1157, s. 2; 1959, c. 1264, s. 7; 1967, c. 1077; 1985, c. 789;1985 (Reg. Sess., 1986), c. 997; 1987, c. 567; 1987 (Reg. Sess., 1988), c.1082, ss. 7‑8.1; 1989, c. 770, s. 66; 1991 (Reg. Sess., 1992), c. 1007,s. 34; 1993, c. 539, s. 360; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg.Sess., 1994), c. 683, s. 1; c. 754, s. 4; 1995, c. 14, s. 1; c. 473, s. 1; 2000‑75,s. 1.)