Texas Windshield Laws Explained
To understand cracked windshield laws in Texas, it’s first important to know the general legal requirements for windshields in the state. According to the Texas Transportation Code §547, several specific requirements apply to your vehicle’s windshield. For the front windshield, each vehicle registered in Texas after 1952 must be equipped with a windshield that is made from "an insulating and nonreflecting material."
The statute states that a person commits an offense if they operate or move a vehicle on a public highway that has a windshield that is not installed in accordance with safety standards. In other words, the windshield must be installed properly. For legally replaceable windshields , this means that they must be designed for this make and model vehicle and made from laminate safety glass that meets or exceeds American National Standards Institute (ANSI) Z26.1 specifications.
The reason that these guidelines exist is ultimately for the safety of drivers on the road. Cars or trucks can be damaged by more than simply an accident on the road. Environmental or natural causes are other common causes of damage. A cracked or chipped windshield is certainly one of the most common of such circumstances. A windshield which is cracked or chipped can often be repaired, but it should be done as soon as possible to avoid causing a traffic hazard. In most situations, as long as you are driving a vehicle which has a windshield that was properly installed and is clear of obstructions, you should not run into trouble with law enforcement. When this law is violated, however, it can result in a fine, citation, or even a traffic ticket.
Is It Illegal to Drive with a Cracked Windshield?
The short answer is "maybe." While it’s not illegal to drive with a cracked windshield per se, the law does stipulate that a driver cannot operate a vehicle that is in any way "unsafe." Further to this, there’s even a line in the Texas Transportation Code about not driving with a windshield that is "obscured" or "defective," which could potentially be interpreted to mean that a cracked windshield might be illegal if it limits your field of vision. On the whole, there are many drivers out on the road with a few cracks in their glass, and as such, most law enforcement officers aren’t likely to pull you over or write you a ticket for the simple act of driving with a broken windshield.
However, in the event that the crack or "star" in the windshield of your vehicle is large enough to block the field of vision of the driver, or if the crack somehow spreads to severely limit the field of vision, then you may be pulled over. There have even been instances in which officers have upgraded a citation for having a cracked windshield to one for driving an "unsafe" vehicle. And there’s a difference of up to $500 between a ticket for an unsafe vehicle (which may come with other charges) and a ticket for an obstructed windshield (which comes with a fine of $10).
What Counts as Damage to a Windshield?
According to the current version of Section 548.103(b), a "disqualification" is when a vehicle windshield "has a shattered or broken area of glass that extends to the outer edge of:"
(1) the driver’s field of view; or
(2) any other area of the vehicle.
Basically, a windshield is disqualified if glass is broken from one edge all the way to the other edge, and it extends into the driver’s view, or any other part of the windshield.
Section 548.103(b) says that the following factors may not be used to disqualify a vehicle windshield:
- (1) the width of a cracked line. "Cracked line" is defined as a line that does not exceed 1/4 inch in width, at the widest part of the line;
- (2) the length of a cracked line. "Cracked line" is also a type of "broken area." A "broken area" is defined as an area where glass is broken but not knocked out of the windshield. In the case of cracks, a "broken area" is an area where the glass is broken but not all the way through. A "broken area" may have sharp angles or other irregular shapes.
- (3) the size of a broken area. A "broken area" may be any length that is less than 21 inches long. It may be longer than 21 inches if it is not in the driver’s field of view and does not extend from edge to edge.
- (4) the area is not more than 1/2 the size of a dollar bill, so long as the area is at least 3 inches from the edge of the glass and the outside edge of the driver’s side wiper blade is not broken;
- (5) the height of a cracked line may not exceed 1/8 of an inch in height;
- (6) on inner edges, separated and overlapping fragments may be more than 3/4 of an inch if the overlap is at least 1 inch;
- (7) glass may be cracked or broken if the fragment extends into a driver’s line of sight or field of view so long as it meets the criteria for a crack or broken area set forth above; and
- (8) may not have broken glass in the driver’s side window, but can have broken glass in the driver’s side window if it does not interfere with the driver’s vision of a rear-view mirror and has clearance for the driver to operate the vehicle’s windows.
Penalties for Violating the Law
For those who drive in Texas with a windshield that is cracked or damaged in a way that does not comply with both Texas law and the recent changes made to the Federal Motor Carrier Safety regulations, there can be serious consequences. It is important to understand that it is against the law to drive a vehicle with a cracked or damaged windshield, regardless of the time of day or weather conditions. Text of the law may be found here:
"Sec. 547.613. USE OF SUNSCREEN OROTHER REFLECTIVE MATERIAL IN MOTOR VEHICLE."
(a) A person may not operate or allow the operation of a motor vehicle registered in this state on a highway that has attached: (1) a sunscreening device on the windshield; (2) a window on the windshield that has an alterable or nontransparent material covering the window; (3) a mirror or other material that allows a person inside the vehicle to see through the window on the windshield and at the same time prevents the operator of the motor vehicle from seeing through the window from outside the vehicle; (4) a mirror or other material that allows a person outside the vehicle to see through the window and at the same time prevents the operator of the motor vehicle from seeing through the window from inside the vehicle; or (5) any item that obscures more than ten percent of the surface area of the windshield. ("Johanna fyi – added by me for clarification: These exceptions are defined in 547.613(b) and include car manufacturers tinting, especially tinting above the AS-1 line. Unless you follow these exceptions, all vehicle windshields in Texas must meet state and federal specifications to keep our roads safe.")
(b) Subsection (a) does not apply if the device or material described by that subsection (1) is authorized by Section 547.613(a), 547.608, or 547.609; or (2) was manufactured as an integral part of the motor vehicle at the time the vehicle was manufactured or retrofitted by a person authorized under Title 49, Code of Federal Regulations, Sections 571.205 and 571.219 and certified by the manufacturer to meet the motor vehicle safety standards adopted under Title 49, Code of Federal Regulations, Part 571 by the National Highway Traffic Safety Administration."
THEREFORE, fines can be imposed if a driver of a standard passenger vehicle in Texas has cracks or chips that are "Blind Spots", "Chips", "Cracks", that impede the clarity of the windshield or distract the driver. Below is an example of a citation for cracks and limitations to the driver’s view:
"Citation No. 07040-709753 – Date Issued 05/13/2013 – 17 Big Fine"
"Charge: 547.613.001 USE OF SUNSCREEN OR OTHER REFLECTIVE MATERIAL IN MOTOR VEHICLE
537.6102.015 – VEHICLE MAINTENANCE ADVISORY NOTICE WAS ISSUED……."
The fine for both violations would amount to over $300.00. And anything above a minor traffic violation can impact both your pockets and your insurance premiums. It really pays to know the law before you get behind the wheel.
Windshield Repair and Replacement Requirements
Texas laws regarding cracked windshields are designed to get you back on the road as soon as possible. The Texas Department of Insurance (TDI) regulates repair and replacement of windshields with rules that require certain standards. In addition to these regulations, however, insurance company practices can affect how quickly your vehicle gets repaired.
TDI requires all glass companies to be certified to perform windshield repairs. Texas is one of the few states to not require licensing, but certification assures consumers that the glass repair service has passed a test to determine knowledge of the state’s laws and regulations. When selecting a glass repair company, ask for proof of certification . This will ensure compliance with the state’s laws, as well as industry standards. There are two associations offering in-depth, comprehensive certification programs that specialize exclusively in glass repair and replacement.
Most insurance companies will bet you to drive without a visible crack or chip because it is a potential safety hazard. Others may set a threshold, only wanting the windshield replaced if the damage is over a certain size or number on a state-specified scale. You must call your insurance company to ask about these rules because failure to do so beforehand could lead them to reject the claim after you have had the work done.
Risks of Driving with a Cracked Windshield
Driving with a cracked or damaged windshield is particularly dangerous from a safety perspective. Cracks can interfere with your field of view and create a blind spot. In addition, an obstructed view is illegal under Texas law. Sometimes, the crack in windshield may be large enough that it can compromise the necessary structural integrity of the car, therefore causing the windows to shatter or the roof to crush in the event of a collision. Properly installed automobile windshields can actually prevent crush severity during accidents, since they are designed to hold the roof up during a rollover. When the windshield is out of place, it can contribute to the severity of car injuries during a rollover.
How to Keep Your Windshield in Good Shape
While having comprehensive windshield and glass coverage can provide peace of mind, the best way to manage potential repair costs is to prevent damage to your windshield in the first place. We’ve already discussed the devastating effects of the Texas heat on your windshield, but it is important to note that this is not the only environmental hazard you face on the road. Insects, hail and other extreme weather can all wreak havoc on your windshields and add to the risk of incurring a chip or crack. When it comes to your windshield, the best defense is a good offense. Ensure that your windshield is properly maintained to avoid issues in the future. One of the easiest things to do is to regularly wash your vehicle’s windshield to remove debris that could scratch the surface and create a weak spot. It is also important to replace your windshield wipers as needed to prevent scratching and potentially damaging your windshield when in use. It is actually illegal in Texas to drive with damaged or broken windshield wipers . Investing in a high-quality windshield wiper will save you money in the long run. Another way to protect your windshield is to avoid parking under trees, where sap and other natural substances can damage the windshield. Also, avoid parking next to other vehicles, especially in crowded parking lots, where another car might bump against yours and crack your windshield, a common issue in Texas highways and roadways. You should also park in the shade whenever possible, especially during the summer months. Even if you take all the correct steps to maintain your windshield, some damage may still be unavoidable. Fortunately, most small-to-medium damage, caused by small rocks or other debris, can be repaired by a professional. If you find a chip or crack on your windshield, it is best to address it sooner rather than later. While small cracks and chips can often be fixed without needing to replace the entire windshield, the longer you wait to repair the damage, the more likely it is to require replacement.
