Vehicle Laws of Each State

[GRNHORN]

I have a question, I am not sure if this is the correct location for it so if it needs to be moved that is fine.

Last month as I was driving home (Virginia) from Rausch Creek (PA) I was pulled over for the tint in my windows being too dark and my tires sticking out farther than my fenders. I only got a warning but I think that is because the officer from PA couldn't write me a ticket since my vehicle is registered in VA.

Yesterday I got into a debate with some coworkers about whether or not the PA officer could write me a ticket. My coworkers seem to think he can, I don't believe he can since my Jeep is registered in VA.

My real concern is next year a few of us east coasters are planning a trip to the Rubicon. Obviously we will be driving through other states. If a police officer can write us a ticket for all the local/state laws that, that state has to follow when our state may allow for a little more leinency (not sure of spelling).

In a nut shell my question is if I am driving in a different state than what my jeep is registered can I be written a ticket for something on my jeep like my tires sticking out, or the tint on my windows?

Thank you for any assitance. Yes I have done some research in for my state and other states but I couldn't find anything that would answer this question specifically.

 

[killthebunnys]

Supposedly your vehicle has to only comply with the laws of the state it was registered in. A police officer is not supposed to write you a ticket because you are a visitor to that state not a resident.

But in practice when I visit my sister in California when my car is registered in Nevada, I have gotten three tickets for window tint, they were all thrown out in court but I did have to show up in person.

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[JLSilerJK]

Are you asking about out of state tickets or about the tint and tires in general? Its been my experience that you can get ticketed/arrested for anything anywhere if you are in their juristiction. Look into some mudflaps if you're tires stick out wider than the fenders. I know there is a fedearl window tint law also...

 

[killthebunnys]

Just to add to that last post. You can get tickets for federally mandated item like a center brake light, not having certain mirror combinations, etc.. But most of that is not common.

The rule of thumb I follow is if its legal where I live then I'm fine.

But again that might not stop a bored officer from hassling you.

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[GRNHORN]

Supposedly your vehicle has to only comply with the laws of the state it was registered in. A police officer is not supposed to write you a ticket because you are a visitor to that state not a resident.

But in practice when I visit my sister in California when my car is registered in Nevada, I have gotten three tickets for window tint, they were all thrown out in court but I did have to show up in person.

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That is what I thought, if I get a ticket in PA I wouldn't mind going to court and fight it, but next year driving out to the Rubicon that would be a long trip just to fight a ticket.

 

[GRNHORN]

Are you asking about out of state tickets or about the tint and tires in general? Its been my experience that you can get ticketed/arrested for anything anywhere if you are in their juristiction. Look into some mudflaps if you're tires stick out wider than the fenders. I know there is a fedearl window tint law also...

I am asking if my vehicle is registered in VA can I get a ticket in PA or any other state for window tinting, my tires sticking out past my fenders, lift height, things of that nature.

I will have to look up the federal window tint law, I didn't know about that.

 

[Oregonjeeper]

Just to add to that last post. You can get tickets for federally mandated item like a center brake light, not having certain mirror combinations, etc.. But most of that is not common.

The rule of thumb I follow is if its legal where I live then I'm fine.

But again that might not stop a bored officer from hassling you.

Sent from my HTC6525LVW using WAYALIFE mobile app

Yeah i was always told if its legal in your state you are fine... :thumb: but i wouldn't hangout where the Officer see you again... Military wise if i was stationed in another state but my plates have my home state..I would make it legal for that state... Just to save myself a headache ..My Jeeps have always had oregon Plates even when i was stationed other states

 

[JLSilerJK]

I am asking if my vehicle is registered in VA can I get a ticket in PA or any other state for window tinting, my tires sticking out past my fenders, lift height, things of that nature.

I will have to look up the federal window tint law, I didn't know about that.

There is a thread about getting pulled over in your jeep. A lot of those are for not having mudflaps out west. I think I remember people having to go to court to prove its been "fixed" or getting off with warnings. I didnt mean to upset you by saying look into removable mudflaps for your crosscountry adventure-I personally dont like to give em any reason to pull me over...

I just sent a facebook message to my cousin a local LEO. He is a new father so I dont know how fast he will get back to me

 

[GRNHORN]

There is a thread about getting pulled over in your jeep. A lot of those are for not having mudflaps out west. I think I remember people having to go to court to prove its been "fixed" or getting off with warnings. I didnt mean to upset you by saying look into removable mudflaps for your crosscountry adventure-I personally dont like to give em any reason to pull me over...

I just sent a facebook message to my cousin a local LEO. He is a new father so I dont know how fast he will get back to me

Thank you for the information. I am not upset, I just want to make sure that when I make the trip I will either be ok or will need to look into getting things like mud flaps to ensure I don't get into any trouble.

 

[JKWrang]

That's my take on it as well - it follows logically if you think about it. If you are following YOUR local laws, the Officer technically can't do/say anything about it. It doesn't stop them from being an :asshat: and pulling you over because he failed to realize you had out of state plates.

Im not sure if some states won't let you have blacked out rear windows, but Im pretty sure in MA you can paint the rear 3 windows if you really want to and no one can say/do anything. It's all open to Officer interpretation in the end anyway and once you get a ticket you can fight it by showing you're in compliance with your registered state. They would probably ticket you just thinking you won't show up and get free court pay on their court date,.

 

[Sharkey]

That's my take on it as well - it follows logically if you think about it. If you are following YOUR local laws, the Officer technically can't do/say anything about it.

^^That is just not true.

This topic is very complex and situationally dependent. Some states do have vehicle equipment laws which apply equally to resident and non-resident vehicles. Some states have vehicle equipment laws which only apply to resident vehicles but provide that non-resident vehicles must comply with the vehicle codes of their home states.

For those states that have laws applying to both, a court would analyze the particular code provision under what is generally called the "dormant commerce clause" to determine if the provision is an unconstitutional restriction on interstate commerce. If found not to be, then a ticket might stand.

Obviously I have grossly simplified all of this. The takeaway is that you better know the laws of the states on whose roads you intend to drive.

 

[MR.Ty]

I am asking if my vehicle is registered in VA can I get a ticket in PA or any other state for window tinting, my tires sticking out past my fenders, lift height, things of that nature.

I will have to look up the federal window tint law, I didn't know about that.

I have quite a few friends that have out of state plates and the short answer (only from seeing it happen and hearing the stories) is yes, they can ticket you and it is up to the judge wheither or not it gets dismissed in court.

Here in Hampton roads the cops will only ticket you for something (such as tint) if they get you for speeding, running red lights etc. Which is why i registered my jk in FL so i van tint the front. :thumbup:

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[MTG]

I agree with Sharkey in that it is a little more complex. However, I can gaurantee you that being polite and courteous to the officer will help you avoid the additional citations versus playing johny lawyer on the side of the road citing your constitutional right to interstate travel with your window only cracked a few inches. As a gross generalization, most will get pulled over for something like speeding and then all the other stuff comes out depending on how they react. If it were me I would get some mudflaps, make sure I have side mirrors and all my lights are in working order before making a trip out of state. Hell I even throw on a set of covers over my a-pillar lights when heading to the People's Republic of California. :yup:

 

[Sharkey]

^^^This.:clap2:

 

[JKWrang]

^^That is just not true.

This topic is very complex and situationally dependent. Some states do have vehicle equipment laws which apply equally to resident and non-resident vehicles. Some states have vehicle equipment laws which only apply to resident vehicles but provide that non-resident vehicles must comply with the vehicle codes of their home states.

For those states that have laws applying to both, a court would analyze the particular code provision under what is generally called the "dormant commerce clause" to determine if the provision is an unconstitutional restriction on interstate commerce. If found not to be, then a ticket might stand.

Obviously I have grossly simplified all of this. The takeaway is that you better know the laws of the states on whose roads you intend to drive.

That doesn't make a lot of sense that a ticket would stand at all. If I am within the guidelines and regs of my state, and am travelling to another state presumably to spend money in that states economy, I am eligible for fines within that state because I didn't invest in mud flaps where locally required?

So, to play along with your argument (which I am sure you are more well versed in) - would the interstate commerce argument work in the OP situation where he is commuting from his home state to a final destination where he will be a consumer in a market which does not exist in his home state (i.e. the rubicon or, say, a casino for states like MA which don't have one, whereas neighboring states do)?

Im not doubting your statement, because let's face it - if it made sense, the government wouldn't do it. lol just trying to understand for both myself and the OP since I may very well be on that trip.

 

[Sharkey]

In 1959 the United States Supreme Court examined the issue of mud flap requirements for carriers (commercial big rigs). Illinois required curved flaps, most other states required straight.

The Court noted that "[t]he power of the State to regulate the use of its highways is broad and pervasive." It also noted that highway safety measures "carry a strong presumption of validity when challenged in court" and would not be found unconstitutional "nless we can conclude on the whole record that 'the total effect of the law as a safety measure in reducing accidents and casualties is so slight or problematical as not to outweigh the national interest in keeping interstate commerce free from interferences which seriously impede it....'" Bibb v. Navajo Freight Lines, Inc., 359 U.S. 520, 523-24 (1959).

In the end, the Court found the Illinois law unconstitutional because the type of flaps required were so much different than those required by any other state. It did not, however, find that simply requiring flaps was unconstitutional. And remember, Bibb was a case dealing with actual commercial big rigs. The scrutiny imposed on private vehicle code might be much less severe.

Wow...that's way too much law for a Jeep forum at 8:45 in the morning.:crazy eyes:

If you are in another state, you should start with the presumption that you are subject to that state's laws.

 

[JKWrang]

In 1959 the United States Supreme Court examined the issue of mud flap requirements for carriers (commercial big rigs). Illinois required curved flaps, most other states required straight.

The Court noted that "[t]he power of the State to regulate the use of its highways is broad and pervasive." It also noted that highway safety measures "carry a strong presumption of validity when challenged in court" and would not be found unconstitutional "nless we can conclude on the whole record that 'the total effect of the law as a safety measure in reducing accidents and casualties is so slight or problematical as not to outweigh the national interest in keeping interstate commerce free from interferences which seriously impede it....'" Bibb v. Navajo Freight Lines, Inc., 359 U.S. 520, 523-24 (1959).

In the end, the Court found the Illinois law unconstitutional because the type of flaps required were so much different than those required by any other state. It did not, however, find that simply requiring flaps was unconstitutional. And remember, Bibb was a case dealing with actual commercial big rigs. The scrutiny imposed on private vehicle code might be much less severe.

Wow...that's way too much law for a Jeep forum at 8:45 in the morning.:crazy eyes:

If you are in another state, you should start with the presumption that you are subject to that state's laws.

:thumb::spy::driving::werdsign:

 

[Sharkey]

If I am within the guidelines and regs of my state...."

Once you cross the border, you aren't in your state. States have a huge variety of laws, many of which are very different. I can have a pistol clip in Nevada with 12 rounds. In California, I'm limited to 10. A 12 round clip is illegal in California even if it is possessed by a Nevada resident.

As a general statement, your home state's laws don't follow you into another jurisdiction.

Why would you think vehicle laws would be any different?

 

[GRNHORN]

Once you cross the border, you aren't in your state. States have a huge variety of laws, many of which are very different. I can have a pistol clip in Nevada with 12 rounds. In California, I'm limited to 10. A 12 round clip is illegal in California even if it is possessed by a Nevada resident.

As a general statement, your home state's laws don't follow you into another jurisdiction.

Why would you think vehicle laws would be any different?

Thank you for the information.

 

[piginajeep]

I agree with Sharkey in that it is a little more complex. However, I can gaurantee you that being polite and courteous to the officer will help you avoid the additional citations versus playing johny lawyer on the side of the road citing your constitutional right to interstate travel with your window only cracked a few inches. As a gross generalization, most will get pulled over for something like speeding and then all the other stuff comes out depending on how they react. If it were me I would get some mudflaps, make sure I have side mirrors and all my lights are in working order before making a trip out of state. Hell I even throw on a set of covers over my a-pillar lights when heading to the People's Republic of California. :yup:

I disagree, you should put the window down about an inch. Tell the officer he's violating your rights. Tell him you haven't heard your Miranda rights. Refuse to identify yourself.

I would also record the stop on your iPhone. Don't forget to hold it up in front of him.