Vague laws about car window tinting keep cops in dark

In recent months we've seen new state laws put on the books that make it illegal to hold a cell phone to your ear while driving. The same goes for cell-phone text messaging.

We already know it's against the law to do illegal drugs in the car, whether you're driving or not. And open containers of liquor are verboten.

Of course, we've long mandated by law the use of seat belts and, more recently, booster seats for young tykes along for the ride.

So we're having trouble overlaying that trend toward safer driving with the growing fad of window tinting that in many cases is clearly (no pun intended) in violation of another state law on just how dark vehicle windows can be.

We reported a while back that state law requires that window film for passenger cars and light SUVs must have 35 percent transparency. That means the tinting, before installation, must let 35 percent of light in.

The 35 percent rule applies to both front and back side windows. It does not apply to windshields, which cannot be tinted at all from the top 6 inches down.

OK, that said, who among us has not passed vehicles with virtually blacked-out windows? If you're like us, you wonder if it's really just to keep the sun out.

We recall the incident involving two men from Quincy who were pulled over near Toppenish because their windows were too dark and officers subsequently found a one-pound brick of cocaine hidden under the dash.

All this raises a question: If the windows are so dark no one can see inside, how then are law enforcement officers supposed to be able to see inside to spot the infractions noted above?

And here's another interesting twist: Violation of the cell phone laws noted above are secondary offenses, meaning the driver has to be pulled over for another infraction before he or she can be ticketed. Violation of the tinting law is a primary offense, meaning you can be pulled over for that alone. In that case, the driver could be nailed for the secondary offense while being ticketed for the tinting infraction -- if the officer can see the former because of the latter.

There's also an issue of safety -- officers need to be able to see what's going on inside when they approach a vehicle during a traffic stop.

Here's a law that clearly needs revisiting and clarification. The contradiction of windows that are so dark officers can't see other infractions lawmakers want enforced is almost laughable. Legislators must clarify the law, set reasonable standards for tinting and then give the legislation the same public education that the cell phone laws got.

And then enforce it without exception.

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Sarah Jenkins, Bill Lee and Karen Troianello.