H.B. 736

VETOES

(II) IN THE CASE OF A VEHICLE REGISTERED UNDER § 13-913, §
13-917, OR § 13-937 OF THIS ARTICLE, THERE IS AFFIXED TO ANY WINDOW TO THE
IMMEDIATE RIGHT OR LEFT OF THE DRIVER ANY WINDOW TINTING MATERIALS
ADDED AFTER MANUFACTURE OF THE VEHICLE THAT DO NOT ALLOW A LIGHT
TRANSMITTANCE OF AT LEAST 30%.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, IN ENFORCING THIS SUBSECTION, A POLICE OFFICER SHALL GRANT A
3% TOLERANCE SUCH THAT WINDOW TINTING MATERIALS THAT ALLOW LESS THAN
30% LIGHT TRANSMITTANCE BUT MORE THAN 27% LIGHT TRANSMITTANCE ARE
DEEMED TO BE IN COMPLIANCE WITH THIS SUBSECTION.

(2) (3) IF A POLICE OFFICER OBSERVES THAT A VEHICLE REGISTERED
UNDER § 13-912, § 13-917, OR § 13-937 OF THIS ARTICLE IS BEING OPERATED WITH ANY
WINDOW TINTING MATERIALS ADDED AFTER MANUFACTURE OF THE VEHICLE
WHICH VIOLATES SUBSECTION (1)(I) IN VIOLATION OF PARAGRAPH (1) OF THIS
SUBSECTION, THE OFFICER MAY STOP THE DRIVER OF THE VEHICLE AND, IN
ADDITION TO A CITATION CHARGING THE DRIVER WITH THE OFFENSE, ISSUE TO
THE DRIVER A SAFETY EQUIPMENT REPAIR ORDER IN ACCORDANCE WITH THE
PROVISIONS OF § 23-105 OF THIS ARTICLE.

(3) THE SAFETY EQUIPMENT REPAIR ORDER SHALL DIRECT THE
OWNER OF THE VEHICLE TO;

(I) HAVE THE WINDOW TINTING REMOVED AT A PLACE OF THE
OWNER'S CHOOSING WITHIN 10 DAYS FROM THE ISSUANCE OF THE ORDER; AND

(II) SEND TO THE AUTOMOTIVE SAFETY ENFORCEMENT DIVISION
OF THE STATE POLICE A REPAIR ORDER CERTIFICATION DATED SUBSEQUENT TO
THE ISSUANCE OF THE ORDER.

(4) A PERSON TO WHOM A SAFETY EQUIPMENT REPAIR ORDER HAS
BEEN ISSUED UNDER PARAGRAPH (2) OF THIS SUBSECTION WHO FAILS TO FULFILL
THE REQUIREMENTS OF PARAGRAPH (3) OF THIS SUBSECTION, OR ANY PERSON
WHO IS OPERATING THE VEHICLE ON A STATE HIGHWAY IN VIOLATION OF
PARAGRAPH (1) OF THIS SUBSECTION SHALL BE GUILTY OF A MISDEMEANOR, AND
ON CONVICTION, SHALL BE SUBJECT TO THE PENALTIES PROVIDED UNDER §
27-101(Q) OF THIS ARTICLE.

(4) (I) A PERSON MAY NOT INSTALL ON A WINDOW OF A VEHICLE
ANY WINDOW TINTING MATERIAL THAT DOES NOT COMPLY WITH THE LIGHT
TRANSMITTANCE REQUIREMENTS SPECIFIED IN PARAGRAPH (1) OF THIS
SUBSECTION.

(II) A PERSON WHO IS CONVICTED OF A VIOLATION OF THIS
PARAGRAPH IS SUBJECT TO:

1. FOR A FIRST OFFENSE. A FINE OF NOT MORE THAN $500;

2. FOR ANY SUBSEQUENT OFFENSE, A FINE OF NOT MORE
THAN $1,000.

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