46.2-1052 - Tinting films, signs, decals, and stickers on windshields, etc.; penalties.
§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.;penalties.
A. Except as otherwise provided in this article or permitted by federal law,it shall be unlawful for any person to operate any motor vehicle on a highwaywith any sign, poster, colored or tinted film, sun-shading material, or othercolored material on the windshield, front or rear side windows, or rearwindows of such motor vehicle. This provision, however, shall not apply toany certificate or other paper required by law or permitted by theSuperintendent to be placed on a motor vehicle's windshield or window.
The size of stickers or decals used by counties, cities, and towns in lieu oflicense plates shall be in compliance with regulations promulgated by theSuperintendent. Such stickers shall be affixed on the windshield at alocation designated by the Superintendent.
B. Notwithstanding the foregoing provisions of this section, whenever a motorvehicle is equipped with a mirror on each side of such vehicle, so located asto reflect to the driver of such vehicle a view of the highway for at least200 feet to the rear of such vehicle, any or all of the following shall belawful:
1. To drive a motor vehicle equipped with one optically grooved clear plasticright-angle rear view lens attached to one rear window of such motor vehicle,not exceeding 18 inches in diameter in the case of a circular lens or notexceeding 11 inches by 14 inches in the case of a rectangular lens, whichenables the driver of the motor vehicle to view below the line of sight asviewed through the rear window;
2. To have affixed to the rear side windows, rear window or windows of amotor vehicle any sticker or stickers, regardless of size; or
3. To drive a motor vehicle when the driver's clear view of the highwaythrough the rear window or windows is otherwise obstructed.
C. Except as provided in § 46.2-1053, but notwithstanding the foregoingprovisions of this section, no sun-shading or tinting film may be applied oraffixed to any window of a motor vehicle unless such motor vehicle isequipped with a mirror on each side of such motor vehicle, so located as toreflect to the driver of the vehicle a view of the highway for at least 200feet to the rear of such vehicle, and the sun-shading or tinting film isapplied or affixed in accordance with the following:
1. No sun-shading or tinting films may be applied or affixed to the rear sidewindows or rear window or windows of any motor vehicle operated on thehighways of this Commonwealth that reduce the total light transmittance ofsuch window to less than 35 percent;
2. No sun-shading or tinting films may be applied or affixed to the frontside windows of any motor vehicle operated on the highways of thisCommonwealth that reduce total light transmittance of such window to lessthan 50 percent;
3. No sun-shading or tinting films shall be applied or affixed to any windowof a motor vehicle that (i) have a reflectance of light exceeding 20 percentor (ii) produce a holographic or prism effect.
Any person who operates a motor vehicle on the highways of this Commonwealthwith sun-shading or tinting films that (i) have a total light transmittanceless than that required by subdivisions 1 and 2 of this subsection, (ii) havea reflectance of light exceeding 20 percent, or (iii) produce holographic orprism effects shall be guilty of a traffic infraction but shall not beawarded any demerit points by the Commissioner for the violation.
Any person or firm who applies or affixes to the windows of any motor vehiclein Virginia sun-shading or tinting films that (i) reduce the lighttransmittance to levels less than that allowed in subdivisions 1 and 2 ofthis subsection, (ii) have a reflectance of light exceeding 20 percent, or(iii) produce holographic or prism effects shall be guilty of a Class 3misdemeanor for the first offense and of a Class 2 misdemeanor for anysubsequent offense.
D. The Division of Purchases and Supply, pursuant to § 2.2-1112, shalldetermine the proper standards for equipment or devices used to measure lighttransmittance through windows of motor vehicles. Law-enforcement officersshall use only such equipment or devices to measure light transmittancethrough windows that meet the standards established by the Division. Suchmeasurements made by law-enforcement officers shall be given a tolerance ofminus seven percentage points.
E. No film or darkening material may be applied on the windshield except toreplace the sunshield in the uppermost area as installed by the manufacturerof the vehicle.
F. Nothing in this section shall prohibit the affixing to the rear window ofa motor vehicle of a single sticker no larger than 20 square inches if suchsticker is totally contained within the lower five inches of the glass of therear window, nor shall subsection B of this section apply to a motor vehicleto which but one such sticker is so affixed.
G. Nothing in this section shall prohibit applying to the rear side windowsor rear window of any multipurpose passenger vehicle or pickup trucksun-shading or tinting films that reduce the total light transmittance ofsuch window or windows below 35 percent.
H. As used in this article:
"Front side windows" means those windows located adjacent to and forward ofthe driver's seat;
"Holographic effect" means a picture or image that may remain constant orchange as the viewing angle is changed;
"Multipurpose passenger vehicle" means any motor vehicle that is (i)designed to carry no more than 10 persons and (ii) constructed either on atruck chassis or with special features for occasional off-road use;
"Prism effect" means a visual, iridescent, or rainbow-like effect thatseparates light into various colored components that may change depending onviewing angle;
"Rear side windows" means those windows located to the rear of the driver'sseat;
"Rear window" or "rear windows" means those windows which are located tothe rear of the passenger compartment of a motor vehicle and which areapproximately parallel to the windshield.
I. Notwithstanding the foregoing provisions of this section, sun-shadingmaterial which was applied or installed prior to July 1, 1987, in a mannerand on which windows not then in violation of Virginia law, shall continue tobe lawful, provided that it can be shown by appropriate receipts that suchmaterial was installed prior to July 1, 1987.
J. Where a person is convicted within one year of a second or subsequentviolation of this section involving the operation of the same vehicle havinga tinted or smoked windshield, the court, in addition to any other penalty,may order the person so convicted to remove such tinted or smoked windshieldfrom the vehicle.
K. The provisions of this section shall not apply to law-enforcement vehicles.
L. The provisions of this section shall not apply to the rear windows or rearside windows of any ambulance, rescue squad vehicle, or any other emergencymedical vehicle used to transport patients.
M. The provisions of subdivision C 1 of this section shall not apply tosight-seeing carriers as defined in § 46.2-2000 and contract passengercarriers as defined in § 46.2-2000.
(Code 1950, § 46-295; 1958, c. 541, § 46.1-291; 1970, c. 16; 1978, c. 233;1981, cc. 17, 626; 1985, c. 160; 1987, cc. 298, 315; 1988, c. 751; 1989, c.727; 1991, cc. 100, 328; 1993, c. 808; 1994, c. 118; 1997, cc. 744, 880;1998, c. 133; 1999, c. 75; 2004, c. 613; 2008, c. 189.)