Window Perf laws / regulations

[TeamOutlaw]

Let me preface this with a "story" about what happened with a customer and his work vehicle that we installed window perf on. Customer was stopped by Highway Patrol for an illegal left turn. In the process of writing a citation for the illegal turn the officer ALSO gave a written warning for the window perf on the 2 side (rear) windows of his extended cab pickup and advised him to get it removed. Customer then comes back to my shop a little upset that he has to remove the film the we just charged him to install a few months before and asks us why we would sell it if it's illegal.

I wrote an email to the state Highway Patrol office asking the exact same thing..."tell me what laws were broken". I got an email followed up with 2 phone calls from a "superior official" which last nearly an hour and we had great open dialogue about this film and the way the current law reads regarding window perf / tint etc. I was then emailed the current state laws regarding window "films":

32-15-2.4 - One-way glass, adhesive film, or other glaze in windshield or front side windows prohibited--Violation as misdemeanor
No motor vehicle required to be registered in this state and which is operated on the highways of this state may be equipped with one-way glass or any adhesive film or other glaze or application on or in the front windshield, side wing vents, or side windows on either side forward of or adjacent to the operator's seat, which reduces the light transmittance of such windows to the combined level below thirty-five percent, with an enforcement tolerance of nine percent. A violation of this section is a Class 2 misdemeanor. Source: SL 1988, ch 257, § 1; SL 1989, ch 255, § 231; SL 1994, ch 257, § 1.

32-15-2.5 - One-way glass, adhesive film, or other glaze in rear window prohibited--Violation as misdemeanor
No motor vehicle required to be registered in this state and which is operated on the highways of this state may be equipped with one-way glass, adhesive film, or other glaze in the rear windows behind the operators seat that reduces light transmission below twenty percent, with an enforcement tolerance of nine percent. A violation of this section is a Class 2 misdemeanor. Source: SL 1988, ch 257, § 2; SL 1989, ch 255, § 232; SL 1994, ch 257, § 2.

32-15-2.6 - Definition of terms
Terms used in this chapter mean: (1) 'Light transmission,' the ratio of the amount of total light to pass through a product or material to the amount of total light falling on the product or material and the glazing; (2) 'Dealer,' any person who engages in the manufacture of or installation of a film, glaze, or application for motor vehicle windshields and windows or fabricates, laminates, or tempers a safety glazing material during the manufacturing or installation process to incorporate the capacity to reflect or reduce the transmission of light. Source: SL 1989, ch 268, § 1.

32-15-2.7 - Manufacturer certification of compliance with light transmission specifications
Each manufacturer of film, glaze, or other application for a motor vehicle windshield or window shall certify to the Department of Public Safety that the film, glaze, or application the manufacturer makes or installs complies with the light transmission specifications of §§ 32-15-2.4 and 32-15-2.5. Source: SL 1989, ch 268, § 2; SL 1994, ch 257, § 3; SL 2004, ch 17, § 138.

32-15-5 - Nontransparent material on windows prohibited--Petty offense--Official certificates excepted
It is a petty offense for any person to drive any vehicle upon a highway with any sign, poster, or other nontransparent material upon the front windshield, side wings, side, or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law or temporary driving instructions placed thereon by the manufacturer unless the same shall not obstruct the driver's clear view of the highway or any intersecting highway. Source: SDC 1939, § 44.0349; SL 1967, ch 199, § 1; SL 1977, ch 189, § 102.

Long story short...after a few conversations about the window perf film, the "superior official" agreed that these laws that were enacted in 1989 (when the original GlassScapes ducks & deer rear window film was 1st sold) may need revised and amended to suit today's society and desire for vehicle wraps. With city transit buses using them to generate advertising revenue etc. it's not just the general public using this film.

What the "SO" suggested I do is this. He said that maybe I should ask around & find out if other states have formed any sort of "group" that is attempting to legalize window perf film and the like so that we could potentially ask our local legislation to look into updating the laws from 1989 to suit today's vehicle advertising needs. Does anyone know of any groups / organizations in any other state that has already help top enact such laws that we in SD (& other states) could use as sounding board for how they did it & worded the revised laws!?

By the way...there was an independent group that did a lab analysis on Clear Focus window film. The standard 50/50 film allows 36% light transmission...so nearly 2x our required minimum of 20% in SD. I've got the study report / results in-hand too if others want that info.

 

[rjssigns]

Odd that was ticketed. If you have to be able to see out what happens in the case of work or cube vans that have only driver and passenger side windows?


In WI anything from the drivers shoulders back is fair game.

 

[TeamOutlaw]

Odd that was ticketed. If you have to be able to see out what happens in the case of work or cube vans that have only driver and passenger side windows?

The window perf itself was NOT ticketed. He got a written warning and advised to remove the perf based on the laws I quoted with window "film". He was ticketed for an illegal left turn.

I asked the very same thing of the "official". I showed a picture of a cargo van with ONLY the 2 front (side) windows compared to a wrapped Tahoe where back seat as well as 3rd rown and rear windows covered with perf. I said "the Tahoe driver can actually see MORE than the driver of the van as there are more windows. So, how is that anymore 'dangerous' than a cargo van with NO windows!?"

His response was "If there was someone with a weapon and ill-intent sitting in the back seat of the Tahoe when an officer approaches the vehicle, the 'bad guy' can see the officer, but the officer cannot see the 'bad guy'! Whereas in the case of a cargo van...if there was another person in the rear of the van, neither them nor the officer can see each other."

After he put it that way it made sense to me (from an officer safety standpoint). But...that still doesn't answer to the major question at hand of % of light transmission. He agreed with my argument, but the way the laws are written NOW, ANY DECAL on ANY WINDOW is illegal in SD!

 

[2B]

as far as an organization goes, not aware of one.
We have talked to Frank Fellers about this and other vehicle graphic issues with laws and govt at several trade shows before and he was wanting in getting one together especially since his business is focused on wraps.

regarding the windows in our state is anything past the driver / front passenger is free game and no limits on film.

 

[rjssigns]

The window perf itself was NOT ticketed. He got a written warning and advised to remove the perf based on the laws I quoted with window "film". He was ticketed for an illegal left turn.

I asked the very same thing of the LT. I showed a picture of a cargo van with ONLY the 2 front (side) windows compared to a wrapped Tahoe where back seat as well as 3rd rown and rear windows covered with perf. I said "the Tahoe driver can actually see MORE than the driver of the van as there are more windows. So, how is that anymore 'dangerous' than a cargo van with NO windows!?"

His response was "If there was someone with a weapon and ill-intent sitting in the back seat of the Tahoe when an officer approaches the vehicle, the 'bad guy' can see the officer, but the officer cannot see the 'bad guy'! Whereas in the case of a cargo van...if there was another person in the rear of the van, neither them nor the officer can see each other."

After he put it that way it made sense to me (from an officer safety standpoint). But...that still doesn't answer to the major question at hand of % of light transmission. He agreed with my argument, but the way the laws are written NOW, ANY DECAL on ANY WINDOW is illegal in SD!

Here is what I've learned over the years: Guy with the badge and gun is always right. Try going against them in court.

 

[TeamOutlaw]

Here is what I've learned over the years: Guy with the badge and gun is always right. Try going against them in court.

Agreed. But, what's funny about this whole deal is that it was the HP that called ME and asked ME to help him/them understand the window perf product so that they can make future informed laws regarding its use! Lt. I talked with for an hour was more than pleasant and actually quite interested in hearing the sign business side of the product. He has started a file that he is going to take to their next state meeting and put on the agenda for discussion so that the state troopers can all try to get on the same page regarding vehicle graphics on windows.

He admitted the laws that were written in 1989 are "outdated" and need to be revised to keep up with the evolving world of vehicle wraps. Kind of like the law in Texas that states that it is illegal to sell your own eyeballs... :Big Laugh He wasn't being a jerk about it or "flashing his badge"...he HONESTLY told me he wanted to become educated on it. He then told me to tell my customer NOT TO REMOVE the perf he was told to until this gets sorted out. He basically said I don't want to see the guy throw his hard-earned money away until we are all on the same page.

 

[XtremeXccessories]

By the way...there was an independent group that did a lab analysis on Clear Focus window film. The standard 50/50 film allows 36% light transmission...so nearly 2x our required minimum of 20% in SD. I've got the study report / results in-hand too if others want that info.

If his windows already had factory tint on them then this would probably drop the light transmission down to somewhere around 12-14%, but still within the "enforcement tolerance of nine percent".

 

[Gino]

Agreed. But, what's funny about this whole deal is that it was the HP that called ME and asked ME to help him/them understand the window perf product so that they can make future informed laws regarding its use! Lt. I talked with for an hour was more than pleasant and actually quite interested in hearing the sign business side of the product. He has started a file that he is going to take to their next state meeting and put on the agenda for discussion so that the state troopers can all try to get on the same page regarding vehicle graphics on windows.

He admitted the laws that were written in 1989 are "outdated" and need to be revised to keep up with the evolving world of vehicle wraps. Kind of like the law in Texas that states that it is illegal to sell your own eyeballs... :Big Laugh He wasn't being a jerk about it or "flashing his badge"...he HONESTLY told me he wanted to become educated on it. He then told me to tell my customer NOT TO REMOVE the perf he was told to until this gets sorted out. He basically said I don't want to see the guy throw his hard-earned money away until we are all on the same page.

Ya just don't get it, huh ??

He wants you to do his homework and find out why he doesn't have to give you a ticket. Then, to add insult to injury, as he said, these are some old laws on the books and he would like to update them. Nah, not really. Again, you're gonna do his research for him and when he makes his report, the prisoners in jail will go from making license plates and simple signs to doing wraps. Next thing ya know, this lieutenant will be a member here........ Lt.wrapitup. How do I plug my big printer in ?? How do I get my help to work and not beat each other up ?? Where do you buy the cheapest ink and do I hafta use the good vinyl or can I get away with this stuff for 7¢ a square foot ?? I mean, it doesn't have to last long. My crew keeps getting rotated.