I’m getting different answers to this. Per the above example can Virginia enforce a ticket issued for too dark window tinting that is out of compliance with VA law but in compliance with MD law for a MD car passing through?
Why not? The driver of the car is violating Virginia law.
Of course. Why wouldn’t Virginia laws be enforceable in Virginia?
Wait. Was the MD car on a flat-bed, or for some other reason not driving on Virginia roads, so you could argue that the safety laws in Virginia do not apply. You may have a loophole!
I’m not sure, but it s seems asinine that they could. How could you expect travelers to be aware of such laws?
Maybe impermissible burden on interstate commerce.
If each state were free to regulate how much tinting you could have on your car, a driver couldn’t freely travel from state to state.
[I’m not saying this is how a court would rule, but it’s an argument.]
How do you expect travelers to be aware of the age of consent as they travel from state to state?
Excellent.
You can adjust your behavior accordingly, concerning age of consent. I don’t believe you can adjust the tint of your windows.
True. But the question was how are travelers supposed to be aware of the laws in the states they travel through?
Travelers will encounter a lot of conflicting laws as they travel from state to state. Left turn on red is legal in Michigan, but I don’t think it is in neighboring Indiana. Triple trailer trucks are legal in Indiana, but not in neighboring Illinois. But as far as I know, the burden is on the traveler to make themselves aware of the law. Whether the law is an impermissible burden on interstate commerce is a separate question.
Virginia is not forcing you to drive your noncompliant car into the state.
You could drive through the state with your windows rolled down.
Or don’t pay the fine and never return to the state.
That seems like a good way to get your license suspended. There is a reciprocity agreement between most of the states, including both Maryland and Virginia, for things like this.
For example: http://www.mva.maryland.gov/about-mva/info/26100/26100-61T.htm
According to this, if I am reading what those percentages mean, MD is MORE strict than VA. So whoever ticketed you was mistaken about his interpretation of the law.
I don’t think you are reading it correctly
%
Or, in other words, in MD, the tint can block 65% (or less) of the light. In Virginia, it can only block 50%.
IANAL, but I think “ignorance of the (local) law” has been considered an invalid defense since Roman times.
IANAL, but it was always my understanding that a car had to comply with the laws where registered, and a driver with the laws where driving. Which makes sense. What about front plate states vs. no front plate states? What about inspection rules and frequency requirements? Antique plate rules?
It would be utterly impractical to enforce many of these rules across states.
I think you are generally correct. Inspection requirements are a good example. I drove for years in both New Hampshire and Massachusetts with a vehicle that was registered in Louisiana with an expired inspection sticker. I got stopped several times and the police in New England would not touch the inspection sticker violation even though they always commented on it.
Like anything with U.S. state laws, I am sure there are going to be countless permutations that would tale a very specialized lawyer to work out. I am a little surprised that a vehicle that is completely legal in one state can be considered illegal in another, especially a neighboring state but the idea isn’t that extreme. There are countless things you can do as an owner/driver that suddenly become illegal as soon as you pass a state line.
Darkly tinted windows fall into the vehicle modification category and lots of those like loud exhaust pipes are legal in some states or even cities but not others.
I believe the general rule between states is that the car must be properly registered in its’ home state. Especially for things like this, which are equipmentt regulations. But things like window tint are operational requirements, they relate to the safe operation of the vehicle on Virginia roads, which must follow VA rules. (Just like the 55 mi/hr speed limit in VA applies to all cars, even one from Wyoming where there is no speed limit.)
In reality, a VA officer would probably just issue a warning to an MD car for this (unless the driver had otherwise annoyed the officer). In fact, this isn’t normally an offense that triggers a traffic stop all on its own.
I can easily control my speed on any given road but I can’t change my equipment (window tinting) easily.
That’s your problem, not Virginia’s.