For California LEOs

[sleeping]

Part of an enthusiast forum I participate in has been having an argument as to what CVC regulations apply to vehicles visiting from outside of california. It was my understanding that a visiting car needs to comply with all the same laws as a car registered here. What are your experiences dealing with out of state emissions, tint, front plate, and other msc violations? How do you deal with the situation? What are you legally allowed to/not to do?

Sleeping

[Fuzz]

It would depend on what the violations were. For example...California requires two plates....other states do not. Kind of hard to cite someone for not having a front plate when their state does not give them one. Now if its a cracked windshield, broken lights, etc then they are enforceable.

[sleeping]

what about tint, emissions and exhaust noise?

[SOCALCOP]

If the law is on the books in California it is enforceable in California. If for example Texas allows front window tint but we here in California do not then the driver can be cited for violating California law. As for the front plate comment California law states the vehicle shall have the plates that were issued to it from that state on the vehicle. So, if only 1 plate is issued then only 1 plate shall be on the car, no violation of California laws.

[sotzo]

If you drive in California you must obey the CVC. Simple.

[SgtCHP]

What are your experiences dealing with out of state emissions,...

All states are in compliance with the federal standards. California's law is a bit more stringent, but out-of-state visitors do not have to be in compliance with CA emission standards; unless, they become a resident.

... tint,...

An out-of-state vehicle with window tinting that is in compliance with the home state is not in violation in CA unless the owner becomes a resident of CA. For example, AZ and NV permit front side window tinting. As long as they are visiting, they are not in violation of CA law since they will be returning to their home state.

... front plate,...

If the out-of-state vehicle is displaying only one plate and the home state issues two, it is in violation. If the state issues only one, there is no violation.

... and other msc violations?

An out-of-state vehicle with equipment violations - broken lamps, windshields, bald tires, excessive smoke, etc is in violation in any state traveled and is subject to an enforcement action.

How do you deal with the situation? What are you legally allowed to/not to do?

Out-of-state visitors are required to comply with all state laws. Being a visitor does not give license to act in an unlawful manner. All arrests, enforcement actions or contacts are treated as any other. CA LEOs will conduct themselves within the legal parameters of the law and expect out-of-state visitors to do the same. For the most part, equipment violations are cited as fix-it-tickets. Repair and have them signed off by an officer with no penalties; unless, it is obvious that the violation is long standing and deliberately overlooked or ignored.

[SOCALCOP]

[QUOTE=SgtCHP;1363559]
An out-of-state vehicle with window tinting that is in compliance with the home state is not in violation in CA unless the owner becomes a resident of CA. For example, AZ and NV permit front side window tinting. As long as they are visiting, they are not in violation of CA law since they will be returning to their home state.


I respectfuly disagree. Ca. window tint law states "any vehicle." If we did not enforce Ca. laws because other state laws permitted certain things on their vehicles then we would have to know state laws for all 50 states. As you stated before, if it's Ca. law then we enforce it regardless of what other state laws say. If there is a Ca. section that allows window tint on out of state vehicles when their state law allows it please share with us.

[417Lt]

I'm far from an expert on the subject but I do know there are things called "reciprocal agreements" between states. It was described to me as an official way to recognize that there are differences between laws in different states and these states have agreed as which ones will be accepted on a short term "visitor's" basis.
My limited experience with the subject came from looking into a situation involving ATV's with Arizona license plates being operated on California streets. Evidently you can equip a quad in Az. and operate it on certain roads. This particular situation doesn't fly in Ca.

[SgtCHP]

[QUOTE=SOCALCOP;1363688]

An out-of-state vehicle with window tinting that is in compliance with the home state is not in violation in CA unless the owner becomes a resident of CA. For example, AZ and NV permit front side window tinting. As long as they are visiting, they are not in violation of CA law since they will be returning to their home state.


I respectfuly disagree. Ca. window tint law states "any vehicle." If we did not enforce Ca. laws because other state laws permitted certain things on their vehicles then we would have to know state laws for all 50 states. As you stated before, if it's Ca. law then we enforce it regardless of what other state laws say. If there is a Ca. section that allows window tint on out of state vehicles when their state law allows it please share with us.

Within the profession there are two definitions of law: 1/ The letter of the law; and, 2/ The spirit of the law. Additionally, there are interstate compacts which recognize every other state's laws, rules and regulations and admiinister certain exemptions.

Members of the LE community who opt to enforce the letter of the law in every instance are certainly entitled to do so; but, in the opinion of many others they are classified as overzealous and less than professional. Those who opt to enforce the law by the spirit in which it was intended are generally respected, not only by the community, but by their peers.

I am quite certain that you, as an individual, expect to travel to a foreign jurisdiciton (another state) and not get hassled for some minor mechanical infraction by that jurisdiction's local LEO. People from other jurisdictions expect the same when they visit CA.

Since I am no longer active and do not have access to all of the Opinions and Rulings, I cannot quote you a specific law. Ergo, if it is your desire to seek out those types of violations, that is your right. Do so with zeal! But, remember, you are a representative of the community and state and, as such, you may create an air of resentment and distrust by your actions.

There are certainly enough moving violations for any LEO to observe and take enforcement actions against. Keep the minor infractions for PC to seek and destroy the outlaws.

The main requirements for legal window tinting in California are:


The windshield and front driver's side and passenger's side windows cannot receive any aftermarket tinting.
If the rear window of a vehicle is tinted, the vehicle must have outside rearview mirrors on both sides.

The law prohibits any person from driving any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows, with certain limited exceptions.

However, legislation signed into law effective January 1, 1999, exempts from the above prohibition specified clear, colorless, and transparent material that is installed, affixed, or applied to the front driver and passenger side windows for the specific purpose of reducing ultraviolet rays. If, as, or when this material becomes torn, bubbled or otherwise worn, it must be removed or replaced.

Material Obstructing or Reducing Driver's View

26708. (a) (1) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

(2) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows.

(3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice.

(b) This section does not apply to any of the following:

(1) Rearview mirrors.

(2) Adjustable nontransparent sunvisors which are mounted forward of the side windows and are not attached to the glass.

(3) Signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials which are displayed in a 5-inch square in the lower corner of the windshield nearest the driver.

(4) Side windows which are to the rear of the driver.

(5) Direction, destination, or termini signs upon a passenger common carrier motor vehicle or a schoolbus, if those signs do not interfere with the driver's clear view of approaching traffic.

(6) Rear window wiper motor.

(7) Rear trunk lid handle or hinges.

(8) The rear window or windows, when the motor vehicle is equipped with outside mirrors on both the left- and right-hand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.

(9) A clear, transparent lens affixed to the side window opposite the driver on a vehicle greater than 80 inches in width and which occupies an area not exceeding 50 square inches of the lowest corner toward the rear of that window and which provides the driver with a wide-angle view through the lens.

(10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a letter or other document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition, or has in his or her possession a letter or other document signed by a licensed optometrist certifying that the person must be shaded from the sun due to a visual condition. The devices authorized by this paragraph shall not be used during darkness.

(11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:

(A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.

(B) The capability for electronic toll and traffic management on public or private roads or facilities.

(c) Notwithstanding subdivision (a), transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the following conditions apply:

(1) The bottom edge of the material is at least 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface.

(2) The material is not red or amber in color.

(3) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield.

(4) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield without the material.

(d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:

(1) The material has a minimum visible light transmittance of 88 percent.

(2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

(3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.

(4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.

(5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.

Amended Sec. 77, Ch. 1154, Stats. 1996. Effective September 30, 1996.
Amended Sec. 1, Ch. 476, Stats. 1998. Effective January 1, 1999.

Sun Screening Devices: Requirements

26708.2. Sun screening devices permitted by paragraph (10) of subdivision (b) of Section 26708 shall meet the following requirements:

(a) The devices shall be held in place by means allowing ready removal from the window area, such as a frame, a rigid material with temporary fasteners, or a flexible roller shade.

(b) Devices utilizing transparent material shall be green, gray, or a neutral smoke in color and shall have a luminous transmittance of not less than 35 percent.

(c) Devices utilizing nontransparent louvers or other alternating patterns of opaque and open sections shall have an essentially uniform pattern over the entire surface, except for framing and supports. At least 35 percent of the device area shall be open and no individual louver or opaque section shall have a projected vertical dimension exceeding 3/16 inch.

(d) The devices shall not have a reflective quality exceeding 35 percent on either the inner or outer surface.

Added Ch. 74, Stats. 1984. Effective January 1, 1985.

By the way, here is another violation for you. It is unlawful, under 26708 VC to attach any device to the windshied. That includes GPS and radar devices, Note pads, cell phone holders, MP3 devices, etc.

[sleeping]

Thanks for all the replies, so just to throw another question into the mix, what's to stop people from getting around plate/ tint/ emission/ msc laws by simply registering their car in another state. Wouldn't that be pretty easy to do, especially if you're in the military?

[sotzo]

Thanks for all the replies, so just to throw another question into the mix, what's to stop people from getting around plate/ tint/ emission/ msc laws by simply registering their car in another state. Wouldn't that be pretty easy to do, especially if you're in the military?

Thats a lot of effort to keep a tinted window, but I have definitely seen people do it to get around emission laws and the cheaper registration of different states.

I'll jam people up for doing it... I have to pay registration fees and so they do to.

[417Lt]

Thanks for all the replies, so just to throw another question into the mix, what's to stop people from getting around plate/ tint/ emission/ msc laws by simply registering their car in another state. Wouldn't that be pretty easy to do, especially if you're in the military?

It sounds easy in theory but in practice it's very complicated to keep the scam going. Neighbors, relatives, and co-workers are nosey and get jealous real easy. When a good investigator makes a project out of you the paper and electronic trail will get you- and it will cost.
IIRC, the CHP (or DMV) has a link on their website to report registration fraud. It couldn't be any easier.

[SgtCHP]

Thanks for all the replies, so just to throw another question into the mix, what's to stop people from getting around plate/ tint/ emission/ msc laws by simply registering their car in another state. Wouldn't that be pretty easy to do, especially if you're in the military?

A resident of CA who registers his/her vehicle in another state faces some pretty stiff registration penalties if they are found out to be in violation. The fees and penalties that are assesed are stiff and, in many cases, taken back to the date of purchase for the vehicle. Quite a penalty just to avoid minor issues.

NOTE for SOCALCOP: I checked with some folks in SACTO and they cannot come up with anything in writing to preclude citing someone from another state for those specific infractions. However, they reiterated pretty much what I addressed in my last post re: letter and spirit of law. There was also a statement made that jurists are not too thrilled with such action. It all boils down to the same thing - common sense. I will to you and be there if you ever call for help.

[sleeping]

Again thanks for the replies, they were not what I expected, but very informative.

[SOCALCOP]

A resident of CA who registers his/her vehicle in another state faces some pretty stiff registration penalties if they are found out to be in violation. The fees and penalties that are assesed are stiff and, in many cases, taken back to the date of purchase for the vehicle. Quite a penalty just to avoid minor issues.

NOTE for SOCALCOP: I checked with some folks in SACTO and they cannot come up with anything in writing to preclude citing someone from another state for those specific infractions. However, they reiterated pretty much what I addressed in my last post re: letter and spirit of law. There was also a statement made that jurists are not too thrilled with such action. It all boils down to the same thing - common sense. I will to you and be there if you ever call for help.

I agree Sgt. I am not suggesting to be a hard nose about this section. All I was doing was answering the guys question about the enforcement of our state laws on out of state vehicles. Truce!