Important Changes to the Aftermarket Window Tint Law

The following message was sent to all NHOST inspection units:

Please take notice of these important changes to the aftermarket window tint law. 

What windows are allowed to be tinted without a Waiver?
After-market tinting may be applied to the windows to the left and right of the driver, with not less than 70 percent light transmittance, and the rear windows of a vehicle, with not less than 35 percent light transmittance.

What windows are allowed to be tinted with a Waiver?

After-market tinting may be applied to the windshield and the windows to the left and right of the driver with not less than 35 percent light transmittance.

The administrative rules and published law will not immediately reflect these changes. Your Gordon-Darby NHOST unit may not immediately reflect these changes. In the meantime, while the rules and Gordon-Darby NHOST units are updated, the law takes precedence and should be followed as summarized above and stated below in RSA 266:58-a, III-a and RSA 266:61-a IX (as amended by HB370-FN).

RSA 266:58-a, III-a (as amended by HB370-FN): 

1. It shall be unlawful to sell or inspect any motor vehicle in this state which has aftermarket tinting on the windshield.
2. It shall be unlawful to install aftermarket tinting on the windshield on any motor vehicle which is registered in this state.
3. It shall be unlawful to drive on any way any motor vehicle registered in this state which has aftermarket tinting on the windshield. Where aftermarket tinting is applied to windows to the rear of the driver, outside rear view mirrors shall be required on both the left and right side of the vehicle for the use of the driver and a front seat passenger. The light transmittance of aftermarket tinted windows to the left and right of the driver where they are allowed shall not be less than 70 percent, and the light transmittance of aftermarket tinted rear windows where they are allowed shall not be less than 35 percent, except that the light transmittance of aftermarket tinted rear windows of multipurpose passenger vehicles, as defined in 49 C.F.R. section 571.3 and pickup trucks may be such percentage as is allowed by 49 C.F.R. section 571.205 with respect to pre-market tinted rear windows.

III-a. Persons who require for medical reasons aftermarket tinting on the windshield or on the windows to the left and right of the driver may apply for a special permit pursuant to RSA 266:61-a, IX. 

RSA 266:61-a IX (as amended by HB370-FN):

1. Any person with a disability who is inconvenienced by any provision of this title requiring or prohibiting the use of certain equipment on a motor vehicle may apply to the department for a waiver of said provision.
2. Within 20 days of receiving such application, the commissioner or his designee shall respond to the applicant either granting the waiver or denying it.
3. In deciding whether or not to grant the waiver, the commissioner or his designee shall balance the inconvenience to the applicant against the importance of the provision sought to be waived and the safety of the general public. The commissioner or his designee may require an inspection or demonstration or both of the modified or new equipment which the applicant seeks to use. For the purposes of such investigation or demonstration the commissioner or his designee may grant a temporary waiver.
4. If the application is denied, the commissioner or his designee shall state in writing the reasons for the denial. Any person whose application has been denied shall have the right to appeal pursuant to RSA 541.
5. If the waiver is granted, the department shall issue an equipment permit to the applicant. Such permit shall be kept in the vehicle while the equipment for which the waiver was sought is being used.
6. The commissioner or his designee may attach whatever conditions he deems necessary to the granting of the waiver. Such conditions shall be noted on the permit.
7. The waiver granted by the commissioner or his designee shall be for a period not to exceed 2 years; except in any case where a licensed physician documents a lasting medical necessity, in which case the waiver shall be for a period not to exceed 4 years. The applicant may reapply for the waiver before such period expires.
8. The commissioner shall have the authority to adopt rules pursuant to RSA 541-A relative to:

      (a) The information to be contained on the application for a waiver;

      (b) The information to be contained on the permit;

      (c) The standards used to determine whether or not to grant the waiver; and

      (d) Restrictions on the use or operation of the motor vehicle and the documentation of such restrictions on the permit.

1. The commissioner may waive the requirements of RSA 266:58-a and issue a special permit to a person who for bona fide medical reasons requires aftermarket tinting on the windshield or on the windows to the left and right of the driver and who applies for such permit. Such waiver shall be granted in accordance with this section and shall only authorize the use of aftermarket tinted windows with a light transmittance of not less than 35 percent. In reviewing the application for a permit under this paragraph, the commissioner may seek the advice and recommendation of a medical review board designated by him or her for such purpose.