Interpretation ID: nht90-1.90

TYPE: INTERPRETATION-NHTSA

DATE: 03/29/90

FROM: JIM LEUSNER -- ORLANDO SENTINEL

TITLE: U.S. SUES CAR-WINDOW TINTERS -- LET THERE BE MORE LIGHT

ATTACHMT: ATTACHED TO LETTER DATED 06/25/90, FROM PAUL JACKSON RICE -- NHTSA TO LAWRENCE J. SMITH -- CONGRESS; A35; VSA 108 [A] [2] [A]; STANDARD 205; LETTER DATED 05/30/90 FROM NANCY L. BRUCE -- DOT TO LAWRENCE J. SMITH -- CONGRESS; LETTER DATED 05/25/9 0 FROM LAWRENCE J. SMITH -- CONGRESS TO NANCY BRUCE -- DOT; NEWSPAPER ARTICLE; UNDATED BY UPI; US SUES 4 AUTO TINTING SHOPS; OCC 4842; NEWSPAPER ARTICLE DATED 03/30/90; BY STEVE MOORE -- BUSINESS MARKETS; LOCAL CRAFTSMAN UNSWAYED BY FEDERAL CIVIL LAWSUIT S; NEWSPAPER ARTICLE DATED 03/29/90 BY BRUCE VIELMETTI -- ST PETERSBURG TIMES; US CRACKS DOWN ON WINDOW TINTERS; 1984 FLORIDA AUTO TINT LAW; PRESS RELEASE DATED 03/28/90 BY UNITED STATES ATTORNEY MIDDLE DISTRICT OF FLORIDA.

TEXT: In the automobile-window tinting business, the government says the law is black and white. The defendants say it's not so clear.

The Justice Department sued six Florida companies Wednesday for violating federal safety standards. It says the companies, including two in Central Florida are selling and installing tinting film that is too dark and unsafe for motorists.

But some window tinters say it's the federal government that has kept them in the dark.

They say they've been following Florida law that requires film to let at least 35 percent of the light pass through driver and front seat windows of cars, 1 and 20 percent through rear and back-seat windows.

The company owners say they were unaware they were violating a federal law that requires automobile tint to let through at least 70 percent of the light

David Spearin, operator of Shakespearin Inc. of Holly Hill, said he was shocked when told he was a defendant in the suit. He said he was unaware of the differences in the federal and state laws until told by a reporter Wednesday

"We've never been asked to cease and desist," said Spearin, operator of five car stereo and window tinting stores in Central Florida. "We've never been informed there was any problem. This is amazing.

We are complying with the [Illegible Word] in Florida. If the federal standards are different than the state standards, then they should get together."

Blue Skies Protects, Inc., of Orlando, which operates as Flying Window. Tinters at [Illegible Word]. Semoran Blvd also was named in one of the suits.

"This is total insanity," said Suzanne Turner owner of Blue Skies, "I really feel picked on. I haven't done anything bad." Officials of the National Highway Traffic Safety Administration in Washington and the U.S. attorneys office in Tampa could not be reached for comment Wednesday.

Turner and Spearin said they have lost business because they have refused to install film that is darker than allowed by state law. They argue they are legitmate window-tinting firms, compared with other operations that are willing to break the law t o make a buck.

Turner said she received an inquiry from the National Highway Traffic Safety Administration a few years ago asking about tinting products and records. She and her husband packed up their records and flew to Washington to investigate the query, but th e agency representative they met with was "incredibly vague," she said.

Her husband, Tom Turner, who operates a Longwood window-tinting company, said federal transportation officials told the couple the Florida guidelines were considered substandard under federal law. He said he informed the manufacturers of the film, wh o are fighting the government standards.

"They should go after the window-tint manufacturers," Spearin said. "They're the ones selling it. We're just the installers."

A spokesman for Martin Energy Products in Fort Lauderdale, makers of car window tint film with more than 300 customers in Florida, said the tinting industry is trying to get uniform legislation passed that would mirror Florida's standards.

"We are before Congress right now trying to make federal standards a 35 percent law," said company spokesman Glenn Hale.

Hale, Spearin and the Turners say that window tint is not the hazard the government says it is. The tint placed on passenger windows of cars prevents glass from shattering in an accident, they say.

Florida Highway Patrol Lt. Randy Harper in Orlando said troopers often write tickets for motorists who have dark windshield film that violates Florida law. Car owners who tint their rear windows are required to install mirrors on both sides of the veh icle, he said. Those who illegally install film darker than allowed by law face up to 60 days in jail and $ 500 in fines.

Harper said dark tinting has contributed to many night accidents investigated by his agency and has prevented motorists from being able to observe the actions of other drivers helpful for defensive driving.

"It's also a problem in law enforcement walking up to a car and not being able to see what is inside," Harper said.

They should go after the window-tint manufacturers. They're the ones selling it. We're just the installers.

-- David Spearin,

Shakespearin Inc.