(1) A person commits the offense of illegal window tinting if the person applies window tinting material that does not comply with ORS § 815.221 or applies window tinting material to a window of a motor vehicle that is not authorized by ORS § 815.221 to be equipped with window tinting material.

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Terms Used In Oregon Statutes 815.222

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A person commits the offense of operating a vehicle with illegal window tinting if the person operates a vehicle registered or required to be registered in Oregon that is equipped with window tinting material that is not in compliance with or authorized by ORS § 815.221.

(3) Each offense described in this section is a Class B traffic violation.

(4) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that after the citation for the offense was issued the windows of the vehicle were modified to comply with the requirements of ORS § 815.221. In determining whether the windows of the vehicle were modified to comply with the requirements of ORS § 815.221, the court may consider:

(a) A receipt from a business for removing nonconforming window tinting or installation of conforming window tinting;

(b) A written statement by a law enforcement officer indicating that the window tinting was modified to comply with the requirements of ORS § 815.221; and

(c) Any other evidence produced by the defendant to show modification or removal of the nonconforming window tinting.

(5) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that at the time the citation for the offense was issued the person or another person in the person’s household had a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS § 815.221. In determining whether the person or another person in the person’s household had a physical condition that requires window tinting that produces a lower light transmittance, the court may consider any of the following documents signed by a validly licensed physician or optometrist stating that the person has a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS § 815.221:

(a) An affidavit.

(b) A prescription.

(c) A letter on the practitioner’s letterhead. [1995 c.263 § 3; 2013 c.216 § 1; 2015 c.579 § 2]

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