SYRACUSE, N.Y. -- An Upstate New York autoshop association said a new state law that requires shops to measure window tint during vehicle inspections is unfair and onerous.

The law, signed into effect by Gov. Andrew Cuomo on Monday, will require shops to ensure windows on vehicles that come in for inspections block no more than 30 percent of light that comes through.

State law already requires windows to meet that standard, but the law for the first time requires shops to help enforce it. Police can cite drivers, and window-tinting shops are not allowed to install tint that exceeds the state standard.

Some owners of shops said Tuesday that the law, set to take effect Jan. 1, will require them to buy a new tool without reimbursement and also take longer inspecting vehicles. Both of those things will cost the shops money, and nothing in the bill provides additional compensation for shops that do the annual inspections, they said.

Sen. John DeFrancisco, (R-Syracuse) who sponsored the bill, said in a phone interview Tuesday that he understands those concerns and that he would be fine with paying shops more. Such an increase could be worked out administratively as the Department of Motor Vehicles works out the details of the bill, he said.

"I have no problem justifying an additional fee," he said.

Doug Daniel, executive director of the Service Station & Repair Shop Operators of Upstate New York organization, said he's also concerned about liability for shop owners given the new responsibility. He shared a letter outlining his organization's concerns that was provided to legislators when the bill was proposed earlier this year.

He said checking window tints could take about 15 minutes per vehicle. Syracuse-area shop owners asked Tuesday said the inspection takes between 30 and 45 minutes without inspecting windows. Inspections for most vehicles cost $21.

"We're not against the tinting thing. It's just the extra burden that it puts on the business," said owner PJ Schmid of Rudy Schmid Total Car Care in Syracuse.

DeFrancisco said he's been trying to get the bill passed since 2003, but it was either vetoed or not seriously considered since then. He said law enforcement, especially New York City police officers, endorsed the bill this year, providing it the final push to make it to the governor's desk. He said he could not wait to get support from all stakeholders.

He said he was inspired to pass the bill when he saw dark-tinted windows in vehicles driven in Syracuse and elsewhere. He's concerned about safety for police officers and also pedestrians who can't make eye contact with drivers in dark vehicles.

He said he sees no reason for drivers to tint their windows unsafely.

"It's not like we're in the sun capital of the world up here in New York," he said.

New York's Vehicle and Traffic Law already does not allow motorists to have autos with a tinted windshield or front side windows that allow in less than 70 percent of light. This law also applies to the rear window unless the vehicle has outside rear-view mirrors on both sides.

It is also illegal to sell, offer for sale, or install glass that does not comply with this law, according to the state Department of Motor Vehicles.

The bill signed Monday was one of 134 that came to the Governor's desk last week. Of those bills, he vetoed 72 and passed 62.

Read the letter from the Service Station & Repair Shop Operators of Upstate NY:



Memorandum in Opposition by PatLohmann on Scribd