Volume 11, Issue 5 - September/October 2007
Volume 11, Issue 5 - September/October 2007
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Cracking Down In late July, illegal tint in New York City became a hot topic when a city police officer, Russel Timoshenko, allegedly was shot and killed after approaching a stolen sports utility vehicle (SUV) with tinted windows. Soon after, New York City councilman Peter Vallone and the city’s public advocate, Betsy Gotbaum, came forward in full force to impose stricter tint laws in the state. Soon after, state Sen. Eric Adams and Sen. Marty Golden joined the effort and announced that they plan to introduce new state legislation next year that, among other things, would ban blacked-out backlites and rear sidelites, would require annual checks of window tint (via state inspections) and would increase penalties for shops that install illegal tints on cars (see the May-June 2007 issue, page 9, to read about similar legislation recently enacted in Alaska). While Vallone hasn’t been involved in prior tint legislation, he says Gotbaum approached him in her efforts because he is public safety chair for the City Council. As for reaction to this proposal, he says he hasn’t seen much, but it’s still early to tell. “I haven’t had much reaction yet, but the little I have had has been very positive,” he says in an exclusive interview with Window Film magazine. Gotbaum says she believes the issue is one of grave concern for police officers, especially. “Every time a cop approaches a car with blacked-out windows, he is doing something no cop should have to do: walk blindly into a potentially life-threatening situation,” she says. “We need to crackdown on illegally tinted windows before they are on our streets, so we can protect law enforcement officials and help them do their jobs safely.” Vallone agrees. “Whether hiding drugs or pointed loaded weapons, tinted windows help criminals and hurt police,” he says. “Car stops are dangerous enough without officers being blind to the occupants in the car.” Current Laws If the new legislation is passed, during routine annual safety and emissions inspections required by state law, technicians would also test auto glass utilizing a tint meter to make sure it meets the current New York laws. State law currently requires that sidelites have 70-percent visible light transmission; there are no limits on backlites. It is unknown at this time how dark the sidelites on the SUV approached by Officer Timoshenko were, according to Vallone. “Clearly it was too dark for them to see through,” he says. “I don’t know the exact percentage of those windows.” Future Legislation
On a city level, Gotbaum and Vallone are considering new legislation that would:
Sen. Adams says he backs the cause, much like Vallone and Gotbaum, because of the danger he thinks illegal film poses to police officers. “Vehicle stops are one of the most dangerous duties put upon law enforcement officials,” Adams says. “Illegally tinted windows increase that danger. The legislation that we will be introducing could be one of the steps towards creating a safer environment for officers and pedestrians alike.” Golden also notes that he feels the current law regarding film needs updating. “The current window tinting law governing New York State motorists must be reviewed and we should seek stricter enforcement,” Golden says. “We need to discuss ways to increase the effectiveness of the present laws.” If the legislation, which won’t be introduced until the 2008 session, is passed, consumers in New York would pay a surcharge of $1 for state inspections to offset the cost of the labor and equipment needed. The International Window Film Association’s (IWFA) executive director, Darrell Smith, says that while the intent of the bill appears to be to make “dark glass” go away, this likely won’t happen. “ ... Dark glass (no film added) is allowed under federal law on the rear side windows and rear windows of SUVs, trucks and the newer crossover category hybrids,” Smith explains, citing models like the PT Cruiser, Dodge Magnum and Chrysler Pacifica, among others. “So a law against window tinting will not make this dark glass go away.” He also notes that in his experience with similar legislation, banning the use of window film on front sidelites often yields three results: the problem worsens and even darker films are used, because all films are deemed “illegal;” the IWFA and industry at-large are able to provide greater assistance in other states, where some film is accepted on these windows, by providing information about film, inspection assistance, etc.; and often a “black market” develops. “We believe such severely restrictive laws give law enforcement more problems, not less, and prevent the public and industry from assisting them,” Smith says. Smith also points out that it is unclear whether the vehicle which Officer Timoshenko approached had factory-tinted glass or aftermarket-applied film. In his interview with Window Film magazine, Vallone was not able to confirm which was the case. What the Shops Say “Ninety percent of the cars that leave my shop are ‘illegal,’” he says. “The cops seem to ignore the situation, and now they’re going to tie it to inspections.” He expects if shops start getting fined, though, that it could have detrimental effects on his business. “They’re probably going to finish off my business, but I’m close to retirement anyways,” he says. Frank Balsamo, owner of Bodycraft Glass Tinting in Brooklyn, N.Y., says to this point he’s never had a fine, but doesn’t like the possibility of having tint added to state inspections. “That’s bad,” he says, when asked if the inspection portion would affect him. “It’s all illegal,” he says. “The only thing legal in New York is 70 percent, and that’s clear … [70 percent] is not going to appeal to the traditional tint customer.” Penny Stacey is a contributing editor for Window Film magazine.
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