BILL NUMBER: S4572

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the level of
acceptable light transmittance of automobile window tint and film

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow for all windows, excluding the front windsh-
ield, on an automobile to have a fifty percent visible light transmit-
tance (VLT) standard in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends paragraphs (b) and (d) of subdivision
12-a of § 375 of the vehicle and traffic law.

Subdivision (b) allows for the reduction in the light transmittance of
the windows on an automobile to be fifty percent and make uniform all
windows, excluding the front windshield, to be at this standard.
              

Subdivision (d) declares that such measurements made by the commission-
er, or a designee, shall be given a tolerance of plus or minus seven
percent.

Section two of the bill amends subparagraph (a) of paragraph (1) of
subdivision (c) of Section 301 of the vehicle and traffic law, relating
to required inspections of motor vehicles, to conform the inspection
requirement with the change in the substantive law as implemented by
section one of this bill.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

The current visible light standard of 70% visible light transmittance
(VLT) evolved from physical limits in glass manufacturing specifications
established in the 1930s. Over time, these industrial specifications
became part of the Federal Motor Vehicle Safety Standards (U.S. FMVSS
205). Neither driver performance nor protections for law enforcement
were motivations for these laws and regulations. The original transmit-
tance standard merely reflected the best glass manufacturing capabili-
ties of the period and then was mistakenly passed along by others as
being related to safety.

Currently there are only 9 states which require 70% or higher light
transmission on front side windows of vehicles, which is equivalent to
no film except clear UV film. Further, only two of those states require
70% VLT or more on all windows in the vehicle. The FMVSS 205 standard is
only a manufacturing standard for new vehicles (before 'first sale'),
and does not apply to aftermarket items so long as no safety requirement
of the vehicle (in this case auto glass) is "rendered inoperable".

The benefits to lowering the VLT standard should be taken into consider-
ation. Research has proven that window film can nearly eliminate expo-
sure to harmful ultraviolet rays (UVA), which is the leading cause of
skin cancer in the United States. Studies conducted by the Skin Cancer
Foundation have shown untreated glass does not block UVA rays, therefore
exposing drivers to the harmful effects of UVA rays over an extended
period of time. By contrast, window film is capable of blocking 99.9% of
UVA radiation and is an effective means to eliminate the harmful expo-
sure that is a leading cause of skin cancer.

Another study conducted by Blue Cross and Blue Shield ranks New York
State among the highest five states regarding incidents of skin cancer
diagnoses. Further, Mount Sinai St. Luke's studied the effects of UVA
rays and concluded melanoma, a form of skin cancer is more prevalent in
communities of color. A study found that the average five-year survival
rate in communities of color is around 67% versus 92% among non-communi-
ties of color. These research institutions concluded that allowing the
reasonable use of window film can significantly reduce the exposure of
these harmful rays and can contribute to lowering these statistics.

Window film has other benefits, such as reducing the discomfort caused
by sun glare, which is the unpleasant feeling that can distract a driver
and is a source of accidents on our roads today. Window film reduces sun
light transmittance proportionately and the contrast is constant across
all transmittance levels. A source of glare only impedes contrast sensi-
tivity for adjacent targets; thus, tinted front side windows will have
no effect on the detection of targets viewed through the windshield.

Further, the use of less than 70 percent luminous transmittance glazing
in the side and rear sectors of the field of view can provide visibility
equivalent to or superior to the existing requirement under many normal
or difficult roadway viewing conditions.

Lastly, demonstrations performed by the window film industry show the
contrast from seventy percent to fifty percent is minimal when looking
through the window from the outside into the automobile.  Compared to
current factory models, a fifty percent standard utilizing UVA protec-
tive window film is much lighter than many of the original windows
legally available in a majority of vehicles currently on the roads
today.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2023-2024: 5601 (Salazar) - Referred to Transportation

2021: S7025B (Salazar)- Referred to Transportation, Amend, Recommit to
Transportation

2022: Referred to Transportation

ASSEMBLY:

2023-2024: A6968 (Reyes) - Referred to Transportation

2021: No "same as"

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Sixtieth day after becoming law. Effective immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.