NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6968
SPONSOR: Reyes 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 auto-
mobile 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 commissioner, 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 benefits to lowering the VLT (visible light transmittance) standard
should be taken into consideration for health and safety reasons. In
addition, no studies exist that justify a 70% VLT standard for driver
performance.
Research has proven that window film may nearly eliminate exposure to
harmful ultraviolet rays (UVA), which is the leading cause of skin
cancer in the United States. Studies conducted by the New York City-
based Skin Cancer Foundation have shown untreated glass does not block
UV-A rays, therefore exposing drivers to the cumulative harmful effects
of UV-A rays over an extended period,of time. Window film by contrast is
capable of blocking 99.9% of all UV radiation (including the UV-A
portion) and is an effective means to reducing this leading cause of
skin cancer.
Another study conducted by Blue Cross and Blue Shield ranks New York
State with a higher than national average for skin cancer. Further,
Mount Sinai St. Luke's studied the effects of UV-A rays and concluded
that, a serious form of skin cancer, is more prevalent in communities of
color. A study found that the average five-year survival rate in minori-
ty communities is around 67% versus 92% among non-minority communities.
These research institutions have concluded that allowing the reasonable
use of window film can significantly reduce the exposure to these harm-
ful rays and may lower the incidence rate. Window film has other bene-
fits, such as reducing the discomfort caused by sun glare, which is the
unpleasant feeling that can distract a driver and is a source of acci-
dents 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 sensitivity for adjacent
targets; thus, tinted front side windows will have no effect on the
detection of targets viewed through the front windshield.
Based on industry testing by DOE's National Renewable Energy Laboratory,
adding solar control window film to a vehicle helps reduce heat gain and
lessens the need for air conditioning, thus helping to improve fuel
efficiency or electric car range. Lastly, demonstrations of vehicles
with window film on their side windows 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 protective window film is much
lighter than many of the original windows legally available in a majori-
ty of vehicles currently on the roads today.
The current visible light standard of 70% VLT evolved from physical
limits in laminated 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 was the motivation for
its inclusion in laws and regulations. The original transmittance stand-
ard merely reflected the best laminated glass manufacturing capabilities
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".
LEGISLATIVE HISTORY:
New bill.
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.
