VTL 375(12-a)(b) Window Tint Ticket in New York — Windshield, Side & Rear Window Violations

A New York window tint ticket is charged under one of four subsections of VTL 375(12-a)(b), depending on which window the officer measured: the front windshield (b)(1), the front side windows (b)(2), the rear side windows (b)(3), or the rear window (b)(4). All four are non-moving equipment violations carrying a fine of $0–$150 and 0 DMV points, so they do not affect your license or insurance rates.

How Much Is a NY Window Tint Ticket?

A first-offense conviction under any of the four VTL 375(12-a)(b) tint subsections carries a fine of up to $150, up to 30 days in jail (although jail is highly unlikely in practice), and 0 DMV points. The mandatory surcharge is $58 in city courts and $63 in town and village courts. Because the violation carries no points, it does not go on your DMV driving record and generally does not affect your insurance rates.

• Fine and surcharge: The first-offense fine is $0–$150, plus a mandatory $58 (city courts) or $63 (justice courts) surcharge — per window cited.
• Jail: Up to 30 days in jail, although jail is highly unlikely in practice for a tint violation.
• Points: Every VTL 375(12-a)(b) tint subsection is a 0-point equipment violation.
• DMV record and insurance: A tint ticket does not add points to your license and does not appear as a moving violation on your DMV abstract. It should have no impact on your insurance rates.

The Four VTL 375(12-a)(b) Tint Violations

Per the language of VTL § 375(12-a)(b), every window listed below must allow at least 70% light transmittance unless a specific exception applies:

VTL 375(12-a)(b)(1) — Front Windshield Tint

This citation charges that the front windshield had a light transmittance of less than 70%. New York law allows tinting only on the uppermost six inches of the windshield (the "eyebrow" strip). Any material—film, factory glass, or coating—covering the main viewing area below that strip must allow at least 70% of light through.

No person shall operate any motor vehicle upon any public highway, road or street 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.

Common defenses: the tinting film was limited to the uppermost six inches and does not violate the statute; the officer lacked a calibrated light-transmittance meter; the vehicle has a medical exemption on file with the DMV commissioner under VTL 375(12-a)(c); or the windows were in factory compliance for a 1991-or-earlier model-year vehicle.

VTL 375(12-a)(b)(2) — Front Side Window Tint

This citation targets the side windows adjacent to or forward of the driver's seat—meaning the driver's window and the front passenger window. Any film, coating, or factory glass on those windows must permit at least 70% light transmittance.

No person shall operate any motor vehicle upon any public highway, road or street 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.

Common defenses: the tint film met the 70% threshold and the officer lacked a calibrated transmittance meter to verify otherwise; the vehicle had a valid DMV medical exemption under VTL 375(12-a)(c); or the tint was factory-installed on a 1991-or-earlier model-year vehicle in compliance with the law as it existed at that time.

VTL 375(12-a)(b)(3) — Rear Side Window Tint

This citation only applies if the vehicle is classified as a station wagon, sedan, hardtop, coupe, hatchback, or convertible. Multipurpose passenger vehicles—most SUVs, vans, and pickup trucks—are not covered by this subsection, so their rear side windows may legally be any darkness.

No person shall operate any motor vehicle upon any public highway, road or street 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.

Common defenses: the vehicle's body style is not one of the six listed categories (for example, it is a multipurpose passenger vehicle or truck); the tint met the 70% threshold; or the vehicle qualifies for the pre-1992 grandfather clause described below.

VTL 375(12-a)(b)(4) — Rear Window Tint

This citation charges that the rear window had a light transmittance below 70%. Unlike the other three subsections, the statute allows the rear window to be any darkness if the vehicle is equipped with side mirrors on both sides, adjusted so the driver has a clear and full view of the road and traffic behind the vehicle—which is why vans, SUVs, and trucks with dark rear cargo glass are typically legal.

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.

Common defenses: the vehicle has dual outside mirrors properly adjusted, so the rear-window exception applies; or the vehicle qualifies for the pre-1992 grandfather clause described below.

Medical Exemptions

Under VTL 375(12-a)(c), a person who for medical reasons must be shielded from direct sunlight—or anyone who regularly drives or rides in that person's vehicle—can apply for an exemption from the (b)(1) windshield and (b)(2) front side window limits. The exemption does not extend to the rear side window (b)(3) or rear window (b)(4) subsections, since those windows are already permitted to be darker under their own terms.

• Application: Submitted to the DMV commissioner on Form MV-80W, requiring a physician's or nurse practitioner's statement identifying the condition and the minimum light transmission needed.
• Qualifying conditions: Limited to conditions on the list maintained by the NYS Department of Health under Public Health Law § 206(16).
• Proof: If granted, the DMV issues a sticker that must be affixed to the exempted window and presented at a traffic stop or inspection.

Pre-1992 Vehicles (Grandfather Clause)

Under VTL 375(12-a)(e), a 1991-or-earlier model-year vehicle does not violate this subdivision if its windows were in conformity with the law as it existed on December 31, 1991. This is a narrow defense that applies only to older vehicles with their original, unmodified glass.

Because these tickets carry no points and do not affect insurance, the decision to fight one depends mainly on the fine and whether other tickets were issued at the same stop.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. A VTL 375(12-a)(b) tint ticket—whether for the windshield, front side windows, rear side windows, or rear window—carries no points and does not affect your DMV record or insurance. If this is the only ticket you received, it may not be worth retaining a law firm. If you received this ticket alongside other violations, we will typically handle it at no additional legal fee.

Have questions about your situation? Feel free to reach out— consultations are free.

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