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  • Laws from state to state

    I saw a officers reply about tint laws that brought up questions. It is my understanding that a vehicle is required to meet the standards of the state where it is registered and that person resides. My vehicle meets the Alabama standards for tint on a vehicle so why should I be ticketed in Va for just passing through? It would be like getting a ticket in NJ for not having a license plate on the front of my vehicle when AL only issues one for the rear.

    edit:
    "§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.

    A. Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the Superintendent to be placed on a motor vehicle's windshield or window."

    -Phillyrube


    So I'm breaking the law by entering Virginia with my fully legal Alabama registered vehicle? I understand you don't make the laws, but that just seems radical to me especially with regards to out of state vehicles just passing through. Theres production cars with tint on them from the factory that would be in violation of that. What is the penalty for a tint violation in Virginia? I'm sorry, but being forced to remove the tint from all the windows in my vehicle on the roadside cause I chose to drive through Virginia wouldn't be my idea of an enjoyable trip guys.


    Don't think I'll be going through Virginia any more.


    "§ 46.2-1000. Department to suspend registration of vehicles lacking certain equipment; officer to take possession of registration card, license plates and decals when observing defect in motor vehicle; when to be returned.

    The Department shall suspend the registration of any motor vehicle, trailer, or semitrailer which the Department or the Department of State Police determines is not equipped with proper (i) brakes, (ii) lights, (iii) horn or warning device, (iv) turn signals, (v) safety glass when required by law, (vi) mirror, (vii) muffler, (viii) windshield wiper, (ix) steering gear adequate to ensure the safe movement of the vehicle as required by this title or when such vehicle is equipped with a smoke screen device or cutout or when such motor vehicle, trailer, or semitrailer is otherwise unsafe to be operated.

    Any law-enforcement officer shall, when he observes any defect in a motor vehicle as described above, take possession of the registration card, license plates, and decals of any such vehicle and retain the same in his possession for a period of fifteen days unless the owner of the vehicle corrects the defects or obtains a new safety inspection sticker from an authorized safety inspection station. When the defect or defects are corrected as indicated above the registration card, license plates, and decals shall be returned to the owner."

    -Code of Virginia


    I appreciate all your help guys and thank you.
    Last edited by Hazardsys; 10-20-2009, 09:50 PM.

  • #2
    Most equipment violations are only citable in your own state.

    As a California peace officer, I wouldn't issue a citation for window tint on your vehicle, nor would I issue a citation for no front license plate. California's equipment requirements do not apply to your vehicle, as it is registered in another state.

    Comment


    • #3
      Blizzination is somewhat correct! As a rule, tinting will not be addressed; except, it does give an officer probable cause to stop your vehicle to assure that you are just visiting and not taking up residence - which would change the entire scenario.

      Additionally, I used to carry a little booklet - which was updated annually - that told me how many license plates were issued or required for each state. If you needed two and only had one, I might have issued a correction notice.

      Furthermore, required equipment violations will be addressed - lights, horn, windshield wipers, etc. Those are fairly well addressed in every state and are required to be maintained.

      So, in a capsule, it would be smart to assure everything is working when you travel so your trip is enjoyable and free of issues.
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

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      • #4
        [QUOTE=SgtCHP;2031925Additionally, I used to carry a little booklet - which was updated annually - that told me how many license plates were issued or required for each state. If you needed two and only had one, I might have issued a correction notice.

        .[/QUOTE]

        So, you would stop an out of state tag, for a violation you had no authority to cite?
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        • #5
          Originally posted by ray8285 View Post
          So, you would stop an out of state tag, for a violation you had no authority to cite?
          He wouldn't cite them in that situation but it would be good ARS to stop the car and check them out IMO. For all we know someone could have stolen the other plate to use in a crime or either they stole an out of state plate to conceal or misrepresent their identity. You could also look at it as a good public relations tool. Sir, mam did you know you are missing your front license plate?

          Now to answer the OP's question. It will depend on the violation and the state laws in the state you are visiting. For example only GA registered vehicles are required to have insurance on their vehicles. If I stop a vehicle from FL and they don't have insurance I can't write them a citation for no insurance. Even though FL also requires all their registered vehicle to have insurance. I can write a citation for an expired, suspended FL (or any other state) license plate registration. I wouldn't write a citation, for example, on a Texas registered vehicle for having only one license plate because my state only requires and isues one license plate for motor vehicles (with one exception). Same thing with equipment, tint violations. It all depends on the language of the statutes and court decisions.
          Last edited by westside popo; 10-20-2009, 11:55 AM.

          Comment


          • #6
            Originally posted by SgtCHP View Post
            Blizzination is somewhat correct! As a rule, tinting will not be addressed; except, it does give an officer probable cause to stop your vehicle to assure that you are just visiting and not taking up residence - which would change the entire scenario.

            Additionally, I used to carry a little booklet - which was updated annually - that told me how many license plates were issued or required for each state. If you needed two and only had one, I might have issued a correction notice.

            Furthermore, required equipment violations will be addressed - lights, horn, windshield wipers, etc. Those are fairly well addressed in every state and are required to be maintained.

            So, in a capsule, it would be smart to assure everything is working when you travel so your trip is enjoyable and free of issues.
            X-2. I carried the same book, and it was extremely helpful. Should your travels take you to Texas on I-20, you'll see Texas DOT Road Signs which state: "Maintain your vehicle". Sorta says it all. Keep you ride well maintained, observe all the applicable laws, and there's no reason why your trip should be anything but enjoyable.

            Comment


            • #7
              We have been over this, but again:

              Texas is a 2 plate state. Now I obviously can't cite you if you're from a one plate state, but our law requires you display the number of plates issued to you. So if you're from a 2 plate state, yes, we can cite you for it. Same as our obstructed LP law. If we can't read at least half the name of the state and/or you've obstructed the plate number, you can be cited for it. Most likely, if stopped for it, the purpose of the stop is not really for those reasons, but to look into other items
              sigpic
              Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

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              • #8
                We cannot enforce certain non moving violations if the vehicle is not reg in our state. I can only hope that if you stopped an out of state vehicle to for certain violations that you cannot enforce that you don't find a body in the trunk or something, cause an attorney would have a field day with your PC. No doubt the extremely liberal state of NJ would throw it out.
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                • #9
                  Originally posted by ray8285 View Post
                  So, you would stop an out of state tag, for a violation you had no authority to cite?
                  Don't mistake my statement, all CA LEOs have the authority to stop any vehicle to check the registration, driver's license, registration, insurance and required equipment if they believe the vehicle is not equipped as required. Since I did not have every state's plate issuance committed to memory, the display of only one plate was good to stop and examine further. If the state issued only one plate, no notice was issued.

                  Inspection by Patrol Members

                  2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.

                  Vehicle and Equipment Inspection

                  2806. Any regularly employed and salaried police officer or deputy sheriff, or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this code or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the code.

                  Amended Sec. 5, Ch. 292, Stats. 2003. Effective January 1, 2004
                  Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                  [George Washington (1732 - 1799)]

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                  • #10
                    The code of Virginia states:

                    "§ 46.2-1052. Tinting films, signs, decals, and stickers on windshields, etc.; penalties.

                    A. Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the Superintendent to be placed on a motor vehicle's windshield or window. "

                    Now, we have a very large military presence in our area, and they ALL try to pull that one. Put a base decal on the car, and the agreement you sign states your vehicle must meet Virginia inspections standards.

                    If you are just passing through, you might get a warning. But, if you are, say from New York, and you have heavily tinted windows, you get the summons, since New York does not allow ANY window tint.

                    Comment


                    • #11
                      For all those that have a military base in their jurisdiction or close to, how do you handle the military members, many are not residents of the state they are stationed at, registration, insurance, and DL are from all over the place, yet you know that the vehicle is clearly in violation of something? I understand to person who is on vacation and passing through, but the military is actually living there for a few years. And NO I am not picking on the military, just trying to get an idea of what others do.
                      It could be that the purpose of your life is only to serve as a warning to others.

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                      • #12
                        Originally posted by phillyrube View Post
                        If you are just passing through, you might get a warning. But, if you are, say from New York, and you have heavily tinted windows, you get the summons, since New York does not allow ANY window tint.

                        Yes it does actually. The amount of light transmittance must be at least 70%. So light tint is permitted.
                        Last edited by SlowDownThere; 10-21-2009, 05:09 PM.
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                        • #13
                          Originally posted by DACP View Post
                          For all those that have a military base in their jurisdiction or close to, how do you handle the military members, many are not residents of the state they are stationed at, registration, insurance, and DL are from all over the place, yet you know that the vehicle is clearly in violation of something? I understand to person who is on vacation and passing through, but the military is actually living there for a few years. And NO I am not picking on the military, just trying to get an idea of what others do.
                          NYS law give active duty people, and their dependents, an exemption for equipment and registration, provided they follow the law of their home state.

                          251 sub2 VTL
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                          • #14
                            Originally posted by Blizzination View Post
                            Most equipment violations are only citable in your own state.

                            As a California peace officer, I wouldn't issue a citation for window tint

                            What if the tint on the vehicle was illegal in the state it was registered to and the person was passing through a different state where the tint was also illegal? citeable offense? As opposed to your tint being legal in your own state while in another state you are driving where it is illegal and you probably won't get a citation.
                            Last edited by NextGenOfc; 10-21-2009, 05:18 PM.

                            Comment


                            • #15
                              Equip.must be to code for the state it is operated in. However citing somebody for a correctable violation that is not a violation in their own state is an exercise in futility. Once they return the vehicle to their own state they are no longer in violation thus the problem is corrected.

                              If they knew the vehicle was issued two plates but only displaying one that would be a violation of CA law and is citable.
                              So, you would stop an out of state tag, for a violation you had no authority to cite?
                              In fact the state does take some consideration for out of state vehicles.

                              If you're from out of state you only need one mirror. If you're from Cali you need two

                              26709. (a) Every motor vehicle registered in a foreign jurisdiction
                              and every motorcycle subject to registration in this state shall be
                              equipped with a mirror so located as to reflect to the driver a view
                              of the highway for a distance of at least 200 feet to the rear of
                              such vehicle.
                              Every motor vehicle subject to registration in this state, except
                              a motorcycle, shall be equipped with not less than two such mirrors,
                              including one affixed to the left-hand side.


                              No where in the California Vehicle Code does it say it only applies to California vehicles, it says all vehicles operated on a highway in this state.
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                              "The difference between stupidity and genius is that genius has its limits."
                              Albert Einstein

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