Michigan Window Tint Law Analysis
Michigan’s window tint law was codified under MCL 257.708. Like many other states, Michigan’s law divided cars into two major classifications: passenger cars (or sedans) and vans, SUVs, and trucks. Under this structure, the windshield of a car must be tinted with VLT above 35% (the lowest amount of visible light that can be allowed without a prescription). The front two side windows of a car must be treated either in accordance with the law for windshields (VLT above 35%) or be treated in accordance with the law for side windows (29% VLT or above). Thus, if you treat the front two windows in accordance with the law for the windshield, you are required to treat the back windows in accordance with the law for side windows, which means: that treatment is then capped at 29%. For some passenger cars, the available VLT for treatment tends to run closer to 25%, which meant that many people did not treat their car at all during a full five to eight year replacement interval to avoid window tint law compliance issues.
The law also limited the degree of light reflectability for any window to no greater than 35% reflectivity. The rear window of a sedan could have any VLT and reflectivity level.
The law had an important exception for vans, SUVs, and trucks. Those exceptions were set forth in MCL 257 . 708(4), which provides as follows: The law requires that the degree of light transmission through the tinted window film in a van, truck, or sport utility vehicle is a minimum of 35% and may be tinted so that the combined film and glazing does not reflect light of greater than 35%. (4) The windshield of the vehicle may have an AS-1 line, the portion of the windshield with the manufacturer’s manufacturer’s name & state certification shall have no material applied within four inches of the top of the windshield to allow the top 340 mm of the windshield to be tinted with a gradient tinted film tinted in manner that terminates in a straight line not lower than the top of the manufacturer’s AS-1 line. (Emphasis added.)
The exception for vans, SUVs, and trucks is important. The only requirement for allowable tint on the front windshield of those vehicles was a requirement that it terminate above the AS-1 line. Again, many manufacturers have an AS-1 line above the tinted band with a range of a few inches above the band. However, manufacturers are not required to provide an AS-1 line at all, although most do. If there is no AS-1 line, the only requirement under Michigan’s law is that termination of tinting must be "above an imaginary line." How exactly that termination must look, unfortunately, is not defined.
Recent Amendments to Michigan Tint Law
Michigan made several amendments to its window tint law in recent years, all of which have since gone into effect and which have changed the nature of the regulation to some degree.
A 2013 amendment made an exception in the definition of "reflectivity" for the purpose of permitting windows tinted "in order to prevent shattering or protect against injury from glass." The tinting of a windshield is otherwise prohibited.
In 2014, the Legislature amended the regulations with regards to how the darkness of window tint is measured. All window tinting suppliers or manufacturers are now required to provide copies of their current Certificates of Compliance with their application forms for a permit to sell or distribute tinting products in Michigan. Previously, only the approved levels of visible light transmittance were needed for the darkening tint. Now, the tinting manufacturer’s name, their telephone number, and most importantly the product name and model number are all required as well. The Certificate of Compliance must also state the manufacturer’s certification number and the rated visible light transmittance of the tinting products in question, such as "Five Percent VLT," which is intended to provide clear information about the legal use of the specified window tinting across the board and will hopefully help to keep police officers and end users on the same page with what does and does not pass the requirements of Michigan law.
In 2017, the Legislature gave potential offenders a bit of a break with regards to their enforcement. Division 1 of Chapter IV of Michigan’s Vehicle Code was amended to remove police discretion where front seat windows are tinted. Under the now-defunct Section 637et(2)(b), a police officer could issue a written warning to a motorist who had illegal tint levels on their front windows, provided the compliance timeframe on the warning was adhered to within seven days of receiving the notice. Under the new law (Section 637ee(2),(3)), police officers no longer have any discretion: If you have dark tint on your front windows, you will receive a citation, no exceptions.
Why was the Tint Law Changed?
As with any law change, it often becomes necessary not just to understand the law, but also the motivations behind the law change. The authors of the law, and the legislators who enacted the law, do not write the law for no reason.
There are many reasons behind the law change, many of which the officials will never admit in public. Most of us are aware through news sources that the window tinting laws previously were chosen by the vehicle owner on a per car basis, but many officers claimed that they had difficulty in telling whether the tint was at the legal limit or not.
The legislature changed the law so that officers did not have to stand over the car, in fact in the path of an moving car, to check window tint. The change, from an officer’s point of view, made sense. From a safety point of view, the law change made perfect sense.
But that was not enough to alter the tint law.
The other reason for the law change was economic, and those reasons are seldom admitted when discussing the tint law or any other law. The manufacturers of window film lobbied the legislature to enact the law.
No one can deny that the necessity of window film is plainly apparent to every motorist. Michigan has very harsh winters and very hot summers, and in some parts of the state, very severe hail storms. Imagine yourself on the road with no air conditioning during a Michigan summer, with the Sun beating down on your forehead with no tinted glass to shield you from the intense sunlight. Or imagine having to scrape ice off of your windshield every morning, rather than simply using the heater to "de-ice" the windshield, with the help of the tinted environmental glass.
To be part of the solution, but not the cause of the problem, the tinted window industry stepped into the battle for the new law. They offered the legislature a series of solutions to the difficulties created by the old tinted window law, including a system to certify tinted film products, distributors and installers. The film industry also offered to create the certification system without imposing any costs on law enforcement.
The law change was not the result of political action; it was a result of the industry stepping into the breach.
How the Change Affects You
For vehicle owners in Michigan, these new law changes require them to be more vigilant about the type of window tint they use, in order to stay compliant with the new law. With the regulations on the tint now being more defined, there will be an increase in fines and penalties of those who are found to be driving vehicles with darker than permitted window tint. By doing so, the authorities will be able to easily identify which vehicles are in compliance with the law and which ones are not. Until now, there has been a gray area regarding permissible tint, which is no longer applicable since the new law states exactly what the VLT should be. In addition to staying compliant, vehicle owners, especially those with larger vehicles such as SUVs, should consider having a second window tint inspection done, especially if the window tint was installed by someone other than the dealership . There are some companies that will replace factory windows with tinted ones that are not as dark as permissible, which means the owner might have to go through the trouble of having the tint replaced and paying for it out of pocket. If they are caught with vehicle window tint that is darker than permitted, the penalties are similar to receiving a traffic ticket. The driver will have to pay a fine and have the tint replaced by a window tint technician that is bonded and insured, or they can remove the window tint themselves. A properly bonded and insured window tint technician should keep a form on file from the owner stating that they are licensed to remove or replaces the window tint, whether they do it for free or at a low rate. Vehicle owners should always request a receipt that states that they have had the window tint replaced or removed to present to law enforcement officers, should they get pulled over.
Michigan Tint Law Compared to Other States
When comparing Michigan’s updated window tint laws to those in other states, it becomes evident that there is a wide array of legal limits. For example, while Michigan has distinct requirements for vehicles manufactured after 1985, Pennsylvania allows 32% light transmittance on SUVs and vans but only 27% on sedans. Alabama requires a 20-27% limit for SUVs and vans, but permits above 30% for sedans. On the other hand, Alaska and Massachusetts follow a more stringent benchmark similar to that of Michigan, allowing only 35% in front and 20% in back. If this comparison teaches anything at all, it is that looking into the law should always be a first step before applying window tint. Seemingly outrageous fines and transgressions can come from no more than doing something that is not even illegal for the average passenger car. And keep in mind that the 1985 line is a hard boundary-even if the vehicle is only off by an inch, it’s still not in accordance with Michigan law. The national average for this limit is somewhat more than what is allowed in Michigan.
What’s Next for Michigan Tint Law
While the new law is a promising step in the right direction for Michigan drivers, it is unlikely to be the final word on window tint legislation. With the rapid evolution of automotive technology, lawmakers may need to consider further adjustments to keep pace with industry developments. For example, we may see future regulations that address the use of new window tint films that can adjust their tint at the touch of a button, or even tint that adapts to driving conditions and external light levels. Another area for consideration is the issue of law enforcement interactions with drivers. Currently, officers must be trained to use light meters to measure tint levels, creating potential inconsistencies in enforcement . Future developments may see greater use of technology such as apps or devices that can quickly and easily determine tint levels, allowing for more uniform enforcement across the state. Finally, as vehicles continue to become more connected and integrated with technology, it will be important for lawmakers to consider how these advancements impact window tint regulations. For example, as head-up displays and augmented reality features become more common, there may be questions about how tint affects visibility and safety. As vehicle technology continues to evolve, lawmakers may need to consider how these new developments affect safety, and whether new regulations are needed to address them. Stay tuned to this blog for further updates on this and other Michigan driver and Michigan passenger safety law developments.