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Ticket for Factory Rear Privacy Glass..

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Old 04-26-2012 | 11:23 PM
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Originally Posted by Josiah21TC
and if you read farther down into the laws of NYS you will find this information:

New York has one of the toughest traffic accident window tint laws in the nation, many states have found it hard to keep cars with dark windows off the streets. People may sometimes be confused by window tint laws, because there are federal standards for window tint laws, and there are usually individual state standards as well.
Also, due to the different state window tinting laws, a legal tint in Maryland, for instance, could get a ticket while being driven through New York
.
Wow, now that is disturbing notice. No one is going to take off or change their tint to meet that of a nearing state or where it's not registered.
Old 04-26-2012 | 11:27 PM
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Originally Posted by dropzone
Wow, now that is disturbing notice. No one is going to take off or change their tint to meet that of a nearing state or where it's not registered.
i agree completely it is absolutely crazy. its the same for pistol permits and countless other things. a NYS pistol permit is accepted and valid by almost every other state. however NYS does not recognize any other states pistol permit lol. it is even crazy to the point that if you have a NYS pistol permit it is not valid in NYC as they have their own just for the city. NYS drives me nuts sometimes haha
Old 04-26-2012 | 11:27 PM
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Josiah, "30% tint" is exactly the same as "70% transmittance" and "35% tint" is the same as "65% transmittance."

This does not present any problem for the "rear window" of any stock Scion, as they all come from the factory with two mirrors.

The "difficulty" is the side windows to the rear of the "B" pillar.

If NYS has a problem with non-optional factory tint in the side windows of Toyota products, they should take on Toyota and their dealers for selling product that New York State has declared illegal to use on public roadways, not the folks who bought those products assuming they were legal to use in the state they were bought in and the dealership licensed them in...

I'd enjoy watching that battle.

It should not be up to the individual purchasers to defend the manufacturer's non-optional window tint.

If nothing else, Toyota needs to step up better than they have to this point...

Old 04-26-2012 | 11:34 PM
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Here is the part of the NY tint law that might be of interest to you

As for the rear window, § 375 (12-a)(b)(4) allows for the rear window to be tinted to any darkness. However, if the rear window is tinted darker than the allowable 70 percent "light transmittance," the vehicle must have two side mirrors, allowing the driver to see the road and any traffic conditions behind him.

This means the officer needs to be sent back to traffic school for not knowing the laws. Unless you removed them the Scion XB has two side mirrors on it. So you could spray paint the back window black and it is legal. You should have never been pulled over for your rear window having tint on it. The law is the law and it is time to start using it back against them

In any case, have you contacted Toyota USA? NYS is a big market for them and I am pretty sure it put rear privacy glass in a lot of their cars. They would be on the hook for taking car of this issue or at least giving you proof of compliance

But of course this is New York State and they suffer from delusions of grandeur in everything

Good luck

Old 04-26-2012 | 11:44 PM
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I have referred this thread to our community contact person at Toyota Motor Sales (Scion) for clarification on the actual tint levels used and for whatever other assistance they can offer.

Hopefully they will respond quickly...
Old 04-26-2012 | 11:57 PM
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Originally Posted by Tomas
I have referred this thread to our community contact person at Toyota Motor Sales (Scion) for clarification on the actual tint levels used and for whatever other assistance they can offer.

Hopefully they will respond quickly...
awesome that should help a lot cause like you stated above if the privacy glass really is only a 30% tint then the back and side windows even should be legal. this might really give him a case to fight because if the cop ran the meter and it showed less then 30% then maybe those meters are inaccurate or maybe the cop was making it up to right the ticket.
Old 04-27-2012 | 12:25 AM
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As stated earlier in this thread, NYS and particularly NYC has some of the toughest, hypocritical and/or imbecilic restrictive laws known to the free world (and even Kali). Just look at some of the firearms/handgun convictions for out-of-state folks that even the freakin NRA couldn't get over. And, sorry, Toyota can't hold a candle to the political clout of the NRA.

If the cop shows up and doesn't turn 'tarded upon X-examination (usually only if you hire a good/expensive lawyer), you're probably toasted and may have to pay additional court costs.

Me, I'm running 30%T tint over the factory 30%T glass out back (with matching 20%T up front) and I'm happy to avoid NYS because they wouldn't like my other toys either...
Old 04-27-2012 | 12:27 AM
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well i found out the answer to this for everyone interested.

Basic Information on Window Film

Window film is applied to motor vehicle windows to reduce sun glare, block out harmful ultra violet rays, and for privacy. The federal government has a motor vehicle safety code that pertains to the tinting of automotive glass that must be adhered to by the individual automotive manufacturers. This code however is different than the laws promulgated by individual states with regard to after market window films. In a majority of the states, window film may be applied to some or all of an automobiles side and rear windows. No film is allowed on the windshield below the AS1 line in any state. Each state has the authority to enact rules and regulations regarding the darkness of those films applied. How they regulate darkness is by using a similar standard of measuring the light transmission. Thirty five percent light transmission is a common value used by the regulatory authorities. What this thirty five percent means is that the light transmission of the window must have at least thirty five percent light passing through the glass. So if a window has less than 35 percent light transmission it fails the requirements.

Since the inception of window tint meter, many of the states have had to revise their window tinting statues. Prior to an electronic means of measuring window film applied to windows, certain films would be approved for use to be applied to windows. A Regulatory agency may have stated that a 35 percent window film could be installed on car windows. This method became unenforceable as the meters became available, since there would be no way to measure the light transmittance of the window film after it has been installed, with out having to tear the film off. Now the term used is the “Net Light Transmittance” of the window. The “Net” being the combined light transmittance of the film and the window.

Windows do not have a 100 percent light transmission. A clear pane of glass has a physical standard of 92 percent light transmission. Automotive glass has safety glazing installed to protect the occupants. The glazing material may bring this light transmittance value down to a minimum of 70 percent light transmission, as permitted by federal regulatory agencies. Now if you add a window film that has a 50 percent light transmission over a window having a 70 percent light transmission it brings the “Net” light transmission down to 35 percent light transmission (.70 x .50 = .35).

Some window films being installed have a high reflectivity. Reflectivity is measured differently than light transmittance. It is possible to have reflective films applied to windows that pass the light transmittance requirements, yet block out the occupants from field of view. Tint Meters do measure the light transmittance value accurately of reflective window films. The higher the reflectivity, the lower the light transmittance value.
Old 04-27-2012 | 12:33 AM
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http://www.laser-labs.com/M1and2Training.htm

this is the link for the information of the Tint Meter by the company that produces them for law enforcement agencies to use.

Last edited by Josiah21TC; 04-27-2012 at 12:44 AM.
Old 04-27-2012 | 12:52 AM
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basically by this information if you take the light transmittance of a clear window of 70% or .70 and then add a privacy glass tint of 30% which allows for 70% transmittance or .70 and then do the math. .70x.70=0.49. so an auto window with a 30% tint is only allowing 49% light transmittance. again NYS requires 70% and windows with privacy glass even are illegal on side windows.

this also addresses the federal regulations and toyota will not be liable as they are meeting the federal regulations they are required to meet. however the state regulations that dont apply to the manufacturing of vehicles is not their responsibility and basically they can legally sell a vehicle with privacy glass which is illegal to drive in NYS. REALLY?????!!!!
Old 04-27-2012 | 01:38 AM
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Originally Posted by Josiah21TC
basically by this information if you take the light transmittance of a clear window of 70% or .70 and then add a privacy glass tint of 30% which allows for 70% transmittance or .70 and then do the math. .70x.70=0.49. so an auto window with a 30% tint is only allowing 49% light transmittance. again NYS requires 70% and windows with privacy glass even are illegal on side windows.

this also addresses the federal regulations and toyota will not be liable as they are meeting the federal regulations they are required to meet. however the state regulations that dont apply to the manufacturing of vehicles is not their responsibility and basically they can legally sell a vehicle with privacy glass which is illegal to drive in NYS. REALLY?????!!!!
I do understand that NYS doesn't have control of vehicles manufactured elsewhere (especially outside the US...), AND that Toyota can legally manufacture and sell vehicles through TMS and it's dealers that do not meet NYS requirements, so long as they meet federal requirements. No problem.

What I question is can TMS and it's dealers legally sell and license vehicles that do not comply with NYS requirements in NYS, and if they can, is it legitimate to do so without a warning to the customer that the vehicle does not meet NYS requirements.

This is especially important for non-compliant parts for which there is no other option.

TMS claims their Scions are "50 state legal," and since they are presented as such, with no warnings, I would fully expect them to be.

(I'm pleased I no longer live in NJ, making frequent drives into NYS...)
Old 04-27-2012 | 01:42 AM
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This is the email I sent to TMS:

Timiesha, there is a current on-going discussion on ScionLife.com involving the state of New York claiming that the non-optional factory tint on Scion vehicles makes the vehicles unlawful to use on state roadways.

We need some solid, certified information from TMS on that actual light transmittance of the side window tint provided on Scions at a minimum.

It would also be appropriate for TMS to step up and at least offer assistance/support for purchasers of their products in New York State.

It should not be the purchaser who defends (or is fined for having) a TMS product purchased and licensed in New York, new, from a TMS dealer, TMS has the responsibility to either provide vehicles legal for use, or to warn purchasers before purchase that those vehicles cannot be legally used on public streets.

PLEASE pass this up the line to someone who can respond for TMS.

Thank you for your assistance,

Tom Losh
Administrator, ScionLife.com

Reference: https://www.scionlife.com/forums/sho...65#post4007165
Old 04-27-2012 | 02:00 AM
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Originally Posted by Tomas
I do understand that NYS doesn't have control of vehicles manufactured elsewhere (especially outside the US...), AND that Toyota can legally manufacture and sell vehicles through TMS and it's dealers that do not meet NYS requirements, so long as they meet federal requirements. No problem.

What I question is can TMS and it's dealers legally sell and license vehicles that do not comply with NYS requirements in NYS, and if they can, is it legitimate to do so without a warning to the customer that the vehicle does not meet NYS requirements.

This is especially important for non-compliant parts for which there is no other option.

TMS claims their Scions are "50 state legal," and since they are presented as such, with no warnings, I would fully expect them to be.

(I'm pleased I no longer live in NJ, making frequent drives into NYS...)
i agree completely. i am very interested in finding out what they have to say about the situation. knowing the information about the windows that i researched and found out idk how they can state that it is 50 state legal. especially without some kind of warning on the vehicle. if it is legal for them to do so idk....i just dont get how that can be allowed to happen ya know. i mean hey lets buy a car and drive off the lot to get a ticket for windows. something just doesnt seem right. i am sure there is going to be some kind of loophole for them or something i missed in doing my research.

lucky you since you dont have to drive through NYS anymore lol. i can tell you it is really becoming a pain haha
Old 04-27-2012 | 03:18 AM
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Tomas,
I appluad you your efforts to get TMS involved but, without a Toyota letterhead re factory tint specs "distraction", Schmohey is just a mere Constitutionally-mandated citizen against the (I'm here from the government to help you) NYS judge's eyes. And, cynically in the current O'changing political climate, I'm still betting he's gonna get fried...

*Note: I am not a licensed lawyer nor have I ever portrayed one on TV...

Good luck, Bro.
Old 04-27-2012 | 08:46 PM
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Reply from TMS (Scion):

Hi Tom,

Thank you for contacting us with the information regarding the window tint concerns. All factory standard features on our vehicles meet and/or exceed all Federal & State regulations. The back window glass on the Scion xB is dark gray in color and has a 25.2% visible light penetration rate. Additional tint film added to the glass after production may violate state laws resulting in citations. Scion is not in a position to comment on this situation as we do not have all of the facts. We hope this information was helpful and once again, thank you for bringing this to our attention.
25.2% is quite different from the 70% required for side windows by the State of New York.

I'm contacting them again to verify that the 25.2% transmission rate also applies to the side windows, as that was not clarified by their response.

Tom
Old 04-27-2012 | 09:21 PM
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Originally Posted by Tomas
Reply from TMS (Scion):



25.2% is quite different from the 70% required for side windows by the State of New York.

I'm contacting them again to verify that the 25.2% transmission rate also applies to the side windows, as that was not clarified by their response.

Tom
wow really!! if it is the same as they just stated in the rear then i dont see how they can say they meet all state regualtions because they dont meet a lot of state regualtions with that low of a number
Old 04-27-2012 | 09:35 PM
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Just to provide complete information within this thread, here is the complete law on this from the State of New York [emphasis added]:

New York State Vehicle and Traffic Law

§ 375 12-a.
(a) Every motor vehicle, except a motorcycle, when driven or
operated upon a public highway, road or street shall be equipped with a
front windshield in a fixed and more or less upright position
constructed of safety glass as defined in subdivision fourteen of this
section and required by subdivisions eleven and twelve hereof. No person
shall drive any motor vehicle with any sign or other nontransparent
material other than a certificate or paper required to be displayed by
law upon the front windshield or the sidewings or side windows on either
side forward of or adjacent to the operator`s seat.

(b) No person shall operate any motor vehicle upon any public highway,
road or street:

(1) the front windshield of which is composed of, covered by or
treated with any material which has a light transmittance of less than
seventy percent unless such materials are limited to the uppermost six
inches of the windshield; or

(2) the sidewings or side windows of which on either side forward of
or adjacent to the operator`s seat are composed of, covered by or
treated with any material which has a light transmittance of less than
seventy percent; or

(3) if it is classified as a station wagon, sedan, hardtop, coupe,
hatchback or convertible and any rear side window has a light
transmittance of less than seventy percent
; or

(4) the rear window of which is composed of, covered by or treated
with any material which has a light transmittance of less than seventy
percent. A rear window may have a light transmittance of less than
seventy percent if the vehicle is equipped with side mirrors on both
sides of the vehicle so adjusted that the driver thereof shall have a
clear and full view of the road and condition of traffic behind such
vehicle.
(c) Any person required for medical reasons to be shielded from the
direct rays of the sun and/or any person operating a motor vehicle
belonging to such person or in which such person is an habitual
passenger shall be exempt from the provisions of subparagraphs one and
two of paragraph (b) of this subdivision provided the commissioner has
granted an exemption and notice of such exemption is affixed to the
vehicle as directed by the commissioner. The applicant for such
exemption must provide a physician`s statement with the reason for the
exemption, the name of the individual with a medically necessary
condition operating or transported in the vehicle, the specific
condition involved, and the minimum level of light transmission
required. The commissioner shall only authorize exemptions where the
medical condition certified by the physician is contained on a list of
medical conditions prepared by the commissioner of health pursuant to
subdivision sixteen of section two hundred six of the public health law.
If such such exemption is granted, the commissioner shall make a record
thereof and shall distribute a sufficiently noticeable sticker to the
applicant to be attached to any window so shielded or altered pursuant
to such exemption.

(d) The commissioner may test any window for a person who has been
charged with violating this subdivision. If such window is found to be
in conformity with this subdivision, a small label attesting to the
conformity shall be affixed to the window tested.

(e) On and after January first, nineteen hundred ninety-two, no person
shall manufacture, sell, offer for sale, equip or operate a motor
vehicle in this state in violation of the provisions of this
subdivision, except that a person may operate a nineteen hundred
ninety-one or earlier model year vehicle without violating this
subdivision if the windows on said vehicle were in conformity with this
subdivision as it existed on December thirty-first, nineteen hundred
ninety-one.


(f) The commissioner shall make such rules and regulations as he shall
deem necessary to carry out the provisions of this subdivision.

(ff) Notwithstanding any other provision of this section or any other
general, special or local law, charter, administrative code, ordinance,
rule or regulation to the contrary, any person operating a motor vehicle
in a burial or funeral procession while travelling to or from a funeral,
interment or cremation may place a funeral sign no larger than eight and
one half by fourteen inches in any window of such vehicle, as long as
such sign when so placed will not prevent such person from having a
clear and full view of the road and the condition of traffic behind such
vehicle.
Old 04-27-2012 | 09:40 PM
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My vehicle is registered in NJ, ticketed in NY, purchased from a NY dealer...

I mean, if they put it that way, then every SUV or VANS, MINIVANS should be ticketed. Almost all of them have privacy glass in the rear and our xB isn't the only vehicle with privacy glass in the Toyota family. The cop was a d*ck and ticketed me per window...

Our xB is considered a wagon, right? I remembered it being a wagon on my insurance?
Old 04-27-2012 | 09:55 PM
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Originally Posted by Schmohey
My vehicle is registered in NJ, ticketed in NY, purchased from a NY dealer...

I mean, if they put it that way, then every SUV or VANS, MINIVANS should be ticketed. Almost all of them have privacy glass in the rear and our xB isn't the only vehicle with privacy glass in the Toyota family. The cop was a d*ck and ticketed me per window...

Our xB is considered a wagon, right? I remembered it being a wagon on my insurance?
As a wagon there is the 70% requirement, for MPVs (Multi-Purpose Vehicles, vans, trucks, etc.) there is no requirement to even HAVE those side windows, and no limit to the opacity...
Old 04-27-2012 | 09:59 PM
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My most recent exchanges with the community contact folks at TMS:

Originally Posted by Tomas
The vehicle has NO additional tinting appied to any of it's windows and was ticketed and fined (as many others have been in New York State) because the SIDE WINDOWS BEHIND THE "B" PILLAR have non-optional factory tint that does not allow 70% or more light transmission.

25.2% transmission is quite different from the 70% required for side windows by the State of New York.

I'm contacting you again to verify that the 25.2% transmission rate also applies to the side windows, as that was not clarified by your response.

We are only concerned with the non-optional factory tint on the side windows behind the "B" pillar for these vehicles not being in compliance with state law for the state in which they are being sold new.

Thank you very much for your time and attention,

Tom
Originally Posted by TMS
Hi Tom,

The side windows behind the "b" pillar is 24% visible penetration rate. Therefore if the state law allows for 70% our windows exceeds this expectation as it is 76%. Again, hope this information was helpful.

Thanks,
Originally Posted by Tomas
Thanks for the quick response!

Sadly, the state requirement is for 70% visible penetration rate (transmission), not that it allows 70% blocking, so the "conversion" from one to the other (24% to 76%) does not apply as both the law and Toyota's specification are using the same reference.

A visible light transmission requirement such as the 70% requirement in New York law since 1991 is nearly clear glass, allowing for the normal 92% transmission of plain glass and the addition of minimal UV blocking and/or safety layers in the glass.

To be absolutely clear about the state law requirements, please see the following posting of the complete applicable section:

https://www.scionlife.com/forums/sho...0&#post4007560

I believe this needs to be responded to directly by someone on the technical side there at TMS...

Thanks, again,
Tom
Awaiting reply...



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