South Dakota Window Tint Laws in a Nutshell
Window tint laws exist for a number of practical reasons and can be important to understand whether you are a South Dakota resident or just passing through the state. Generally, window tint laws are enacted in an effort to achieve a better measure of competency for the roadways and transport systems in the state. However, South Dakota window tint laws are a bit more complicated than some states. Failure to comply with window tint laws could mean a traffic violation and fine for the vehicle owner.
Most South Dakota window tint laws are based primarily on the following: 1) the total allowable amount of visible light that may penetrate the tinted windows; and 2) the amount of reflective light that may be present in the windows. Additional factors play a role in determining whether a vehicle exclusion may be granted, but the state of South Dakota is fairly strict about the amount of tint that can be present in car windows.
In South Dakota, the amount of the visual light transmittance (VLT) that is allowed on the windshield varies based upon the measurement to be applied. When measured using wavelength visible to the human eye , the VLT measurement must be at least 70 percent. The visual light transmittance required for all other windows on a passenger vehicle is at least 15 percent. This means that tinted windows may only allow 15 percent of visible light to pass through. Law enforcement vehicles are the exception and may have tinted windows that allow only 35 percent of the visible light to pass through.
While testing for tint in South Dakota does require windshield tint to meet certain requirements, it is important to note that any degree of tint that is applied to the windshield is illegal. Relying on any amount of tint above the windshield being completely clear, however, could result in an expensive traffic violation.
Lastly, the total reflectance of light that may be present on a passenger vehicle’s windshield is strictly prohibited to avoid a high reflective finish that could increase the risk of sun glare and reduce visibility on the road. There are some exceptions in South Dakota for reflective tint; however, the tint cannot be reflective in nature for safety reasons and cannot be more than 35 percent on the front side windows. South Dakota also prohibits reflective tint on the back side windows and rear windows of a vehicle.
There are many reasons why window tint laws are in place. Having numerous amounts of research studies that show that window tint laws may help to reduce the amount of sunlight that penetrates the vehicle and increases driver visibility as a result, it may also reduce some of the serious health risks to vehicle occupants and operators that are exposed to sunlight on an ongoing basis.
Permitted Levels of Car Window Tint Darkness in South Dakota
When it comes to the darkness of window tint in South Dakota, the state does have its laws. On the front side windows, the total light transmission must be at least 70 percent. The rear side windows shall also be at least 70 percent of total light transmission. This includes the rear windows on the vehicle as well as those of the driver and passengers. The only exception to this rule concerns multi-vehicle fleets that have been issued a permit which allows them to be compliant with the current administrative rules when manufacturing their fleet vehicles.
The tint of the windows has to comply with these rules. Manufacturers can apply for a waiver for this requirement under administrative rule so that multi-vehicle distributors, dealerships or manufacturers can tint windshields or windows which are otherwise non-compliant and sell or lease the vehicles as may be necessary.
The law states that windshields shall not have more than a 70 percent tint. The windshield shall be clear band that shall not be more than five inches across other than above the manufacturers’ AS-1 line or other line as determined by the administration. So the Kentucky tint law does allow for these exceptions. Drivers in South Dakota must abide by these laws if they wish to avoid fines and traffic violations.
South Dakota Laws Regarding Reflective Window Tint
In addition to the aforementioned restrictions specifically regarding tint, South Dakota tint laws also apply restrictions on the use and placement of tinted reflective film. According to South Dakota law (Article VI, Section 321.08.2), "No person shall sell, offer for sale or install or repaint a window or windshield on any motor vehicle with a material or combination of materials that is reflective such that the combination of materials has a reflective percentage that does not exceed twenty percent measured at perpendicular angles." Violating this law is a Class 3 misdemeanor. South Dakota law similarly maintains restrictions for reflective tint applied to vehicles whose windows are not required to be transparent (Article VI, Section 321.08.2.1). Specifically, "No person shall sell, offer for sale or install or repaint a window or windshield on a motorcycle or all-terrain vehicle with a material or combination of materials that is reflective such that the combination of materials has a reflective percentage that does not exceed twenty percent measured at perpendicular angles." Violating this law is a Class 3 misdemeanor. These laws are enforced not only by the officers of the law, but also by the law of physical science. In South Dakota, all tint is required to be installed such that the tint adheres to glass. Tints that are solely placed on top of the window are illegal, and are therefore not permitted for use on windshields, front side windows, rear-side windows or rear windows. While it is obvious that manufacturers and installers cannot sell or offer for sale illegal tinted windows in the United States, South Dakota law also prohibits even the sale of removable tints. The law (Article VI, Section 321.08.3) specifically states "No person shall sell, offer for sale or install or repaint a window or windshield on a motor vehicle with a film or coating that is removable and demonstrated to provide a level of light transmittance below the applicable standard." Violating this law is a Class 3 misdemeanor. As is the case with all tint regulations, the aforementioned requirements are contingent upon maintenance, use, and proper installation. Owners of vehicles with tinted windows, regardless of intent or ignorance, will still be penalized under South Dakota tint laws for illegal tint.
Windshield Medical Exemptions and Other Exceptions
As we’ve noted, South Dakota tint laws are somewhat strict in that they don’t allow any deviation when it comes to using aftermarket tint. However, there are two well-known exceptions to the tint law that are present in every state and these are medical and law enforcement exceptions.
The medical exception can be a bit more tricky than the law enforcement exception as there’s specific language included in South Dakota tint laws that excludes driver’s and passenger’s windows. So while there’s a chance that a member of law enforcement may allow the use of medical window tint, it’s not always wise to count on that.
There is currently no clear practical guidance on the medical exception, that would include which medical conditions meet the requirements for the exemption, or what conditions may be accepted. As a general rule of thumb, the most accepted conditions are those requiring an individual to gain some form of UV protection. This would include individuals who suffer from skin conditions that call for daily sun protection and who are also prone to melanoma. There are other similar conditions that may fall under the medical exemption that may be accepted by law enforcement.
Law enforcement exemptions are very clear-cut and there’s no need to present any sort of paperwork or argument. The tint you have on your vehicle’s windows are first and foremost at the discretion of the police officer enforcing the tint laws. That said, there are also instances when officers will allow for windshield tint as long as the tint is placed on the top five inches. This follows along with the rules of the windshield tint exemption stated above. Windshield tint generally passes the 35% VLT (visible light transmittance) test.
Penalties for Violation of Window Tint Restrictions
The penalties for violating tint laws in South Dakota can range from simple warnings to hefty fines, and in some cases, even arrest. Law enforcement officers have the discretion to issue citations on-site for non-compliance, which may lead to a fine ranging from $0 to $500, depending on the severity of the infraction and the officer’s judgment.
For instance, if an officer finds a driver with an illegal tint on their windshield, that driver may receive a warning and be asked to remove the tint within a certain period of time. However, repeated offenses or egregious cases of tint violations can result in a larger fine and a citation for a misdemeanor.
In serious cases, where a driver continually violates tint laws, arrests have been made. Under SD Codified Laws ยง 32-38-6, a person who operates a motor vehicle without a certificate of compliance may be subject to arrest, as well as possibly having their vehicle impounded.
It’s also worth noting that fines and penalties for illegal window tints may not end with the state level. For example, if the original tint complies with the state law but is deemed too dark by a police officer, this could result in fines through city ordinances or local government regulations.
Beyond fines , driving with illegal window tints leaves you and your vehicle vulnerable in case of an accident. While all states require drivers to have automobile insurance, South Dakota law requires all motor vehicles in the state be covered by liability insurance with minimum coverage requirements for bodily injuries and property damage.
So, if you get in an accident and your window tint is found to be in violation of state law, your insurance may not cover the damages caused to the other person or their vehicle, should they wish to press charges and bring a lawsuit for damages.
In order to avoid violating South Dakota tint laws, it’s important to understand the regulations for each type of window. The most common forms of automotive tint are dyed tint, metallized tint, carbon based tint and ceramic tint. All forms of tint come with pros and cons, as well as compliance with other states laws.
While tinted windows provide a number of benefits, it can also present challenges to drivers. But, being up to date on the laws and regulations, as well as knowing where to go for quality tinting can help you stay in compliance with South Dakota’s tint laws and keep your vehicle in a proper, legal condition.
How to Measure Your Window Tint
Window tint laws are set based on visible light transmission through the windowglass. Therefore, a window tint meter is required to measure the tint of the glass. There are two different methods of measurement used depending on the type of tint present.
A contact method works by direct contact with the window tint. This method is most often used when checking whether ceramic, dyed, or metalized tint films comply with window tint laws.
A non-contact method uses a laser beam directed at the window tint to measure VLT. The non-contact method is used to check if no film, paste, or coating is applied to the glass, and for determining VLT on laminated glass.
Measuring window tint is a relatively simple process that can be performed quickly. The tint meter is applied to the tint and the display will show the VLT of the tint. As always, the display reading should be checked against the laws that apply to your state and county.
Where to Obtain Legal Tint
You can have legal window tint on your vehicle for a reasonable price at a variety of retail spots in South Dakota. Since window tint has gained popularity over the past few decades, you have plenty of options to choose from when it comes to selecting a service provider. One major tip for getting the job done right is to work with a specialist who knows the laws in your state.
Various companies specialize in window tint reviews, where you can read up on tint laws by state and find providers in your area who know when and where to apply the tint to your vehicle. An added bonus is that tint specialists generally offer services that comply with all local laws , so you’re less likely to get pulled over for having illegal tint in the first place.
For example, you can find oval-cut tint that covers the rear windshield but not the front windshield. Or you can go with a simple bottom-only tint, which technically does cover the entire window. Some people find that getting the tint on the bottom of the windows makes it easier to see out the sides and rear while still enjoying tinted protection.
Another option is to get your tint removed by a professional whenever your tint is no longer legal due to changes in tint laws or your medical status. Removal is also relatively inexpensive and might even be free at some tint shops.