(a) For purposes of this section unless the context clearly indicates otherwise:
(1) “Glazing materials” means material used in or on windshields, side or back windows of motor vehicles;
(2) “Tinting” means any process applied to glazing material that reduces the amount of visible light that passes through the material and is known by the technical term “luminous transmittance”.
(3) “Director” means the Director of the Bureau of Motor Vehicles; and
(4) “Windshield” means the safety glass installed in a motor vehicle immediately in front of the driver and the front seat passengers.
(5) “Window” means any opening in a motor vehicle covered with glass or other lawful material, excluding the windshield, through which passengers and drivers may view events outside of the motor vehicle.
(6) “Mirrored tint” means any reflective glazing material.
(7) “AS-1 line” means a line extending from the letters and number AS-1 found on most motor vehicle windshields running parallel to the top of the windshield or, it may mean a line five inches below and parallel to the top of the windshield, whichever is closer to the top of the windshield.
(b) Sun screening devices or other tinting materials applied to the windshield or windows of motor vehicles are prohibited, except as provided in this section.
(1) It is unlawful for any person to operate or park a motor vehicle on any public road or highway of the Virgin Islands while the motor vehicle has windows that are tinted with glazed material to the extent that visible light transmittance is reduced to less than 35%, when measured by a device designed specifically for that purpose and approved by the Director or Police Commissioner and operated by an employee of the Bureau of Motor Vehicles or Virgin Islands Police Department trained in the use of the device. However, the windshield of a motor vehicle may be tinted with glazing material only above the AS-1 line, or within five inches from the top of the windshield. The glazing material may not reduce visible light transmittance to less than 35%. Mirrored tint is prohibited on all windows and windshields.
(2) This subsection does not apply to:
(A) any hearse, ambulance, law enforcement vehicle, duly licensed limousine services or other vehicle as prescribed by the rules promulgated by the Director;
(c) Motor vehicles manufactured with windshields and window areas equipped in accordance with specifications of 49 CFR 571.205 as authorized by 15 U.S.C. 1407 shall be in compliance with this section. However, no additional glazing material may be added to the windshield or windows which reduce visible light transmittance below 35%.
(d) Notwithstanding the provisions of this section, glazing or tinting materials may be used in official government vehicles designated by the Director for dignitary protection, jurors' transportation, or other official purposes in order to ensure the security and safety of the occupants.
(e) Any person who violates the provisions of this section, for a first violation, shall be fined not more than $200. Any person convicted of a second violation shall be fined not less than $200 and not more than $500. Any person convicted of a third or subsequent violation may be fined not less than $500 and not more than $1,000 and shall have his driver's license suspended for not more than one year.