Are police cruisers exempt on window tint in Tennessee?
Are police cruisers exempt on window tint in Tennessee?12/09/2007 | Category: Automobiles | State: Tennessee | #13603
The following is a Tennessee statute:
55-9-107. Motor vehicle windows with tinting, reflecting or sun screen
(1) It is unlawful for any person to operate, upon a public
highway, street or road, any motor vehicle registered in this state, in
which any window, which has a visible light transmittance equal to, but
not less than, that specified in the Federal Motor Vehicle Safety
Standard No. 205, has been altered, treated or replaced by the affixing,
application or installation of any material which:
(A) Has a visible light transmittance of less than thirty-five percent
(B) With the exception of the manufacturer's standard installed shade
band, reduces the visible light transmittance in the windshield below
seventy percent (70%).
(2) Any person who installs window tinting materials for profit,
barter, or wages and/or commissions is defined as a "professional
installer" for the provisions of this section, and it is unlawful for a
professional installer to apply tinting materials to any vehicle so as to
cause that vehicle to be in violation of this section.
(3) All professional installers of window tinting materials shall
supply and shall affix to the lower right corner of the driver's window
an adhesive label, the size and style of which shall be determined by the
commissioner of safety, which includes:
(A) The installer's business name; and
(B) The legend "Complies with Tennessee Code Annotated, § 55-9-107."
(4) All professional installers of window tinting materials shall
supply each customer with a signed receipt for each vehicle to which
tinting materials have been applied which includes:
(A) Date of installation;(B) Make, model, paint color and license plate number and state;
(C) The legend "Complies with Tennessee Code Annotated, § 55-9-107, at
date of installation"; and
(D) The legend "This receipt shall be kept with vehicle registration
(5) The owner of any vehicle in question has the burden of proof that
such vehicle is in compliance with the provisions of this section.
(6) Any vehicle model permitted by federal regulations to be equipped
with certain windows tinted so as not to conform to the specifications of
subdivision (a)(1)(A) is exempt from subdivision (a)(1)(A) with respect
to those certain windows. Likewise, vehicles bearing commercial license
plates, or government service license plates that are used for law
enforcement purposes, shall be exempt from the specifications of
subdivision (a)(1)(A) for those windows rearward of the front doors. This
subsection (a) shall not be construed in any way to exempt the front door
windows of any vehicle of any kind from the specifications of subdivision
(a)(1)(A).(b)(1) Notwithstanding the provisions of subdivision (a)(1) to the
contrary, any person with a medical condition that is adversely affected
by ultraviolet light may submit a statement to the commissioner from that
person's physician certifying that the person has a medical condition
which requires reduction of light transmission in the windows of such
person's vehicle in excess of the standards established in subsection
(a). The commissioner shall submit the certified statement to the
department's medical review board for evaluation. If the review board
finds the exemption warranted, it shall recommend that the commissioner
authorize the exemption, and the degree of tinting exemption which is
appropriate. The commissioner shall then supply a certificate or decal,
indicating the degree of exemption, to the applicant who shall display it
in the motor vehicle.
(2) Any applicant aggrieved by a decision of the medical review board
or the commissioner may appeal in accordance with the provisions of the
Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
The appeal may be made to the chancery court of the county where the
aggrieved applicant resides at the option of the applicant.(c) It is probable cause for a full-time, salaried police officer of
this state to detain a motor vehicle being operated on the public roads,
streets or highways of this state when such officer has a reasonable
belief that the motor vehicle is in violation of subdivision (a)(1), for
the purpose of conducting a field comparison test.
(d) It is a Class C misdemeanor for the operator of a motor vehicle to
refuse to submit to the field comparison test when directed to do so by a
full-time, salaried police officer, or for any person to otherwise
violate any provisions of this section.
(e) The commissioner of safety shall establish a standardized method
and procedure by which law enforcement officers can readily, and with
reasonable accuracy, conduct a field comparison test to determine if a
motor vehicle's windows are in compliance with this section.