Is It Illegal to Drive With a Broken or Missing Rear Window?

Not in every state, and not just because you have two side mirrors. In California, Texas and Florida, the law asks for a view to the rear from your mirrors, not for a rear window. California wants two mirrors on every car, one on the left side. Texas and Florida want one mirror that shows at least 200 feet of road behind you. None of the three says that mirror has to be inside. So an open frame with good outside mirrors meets the mirror rules in those states.

The glass is a separate rule. California makes it unlawful to drive when the rear window is in "such a defective condition as to impair the driver's vision" to the rear. New York and Pennsylvania fail a broken window at inspection whatever mirrors the car has. And once you tape a cover over the hole, Texas and Florida want an outside mirror on each side.

What counts as a rear window, and what the law asks it to do

The rear window is the glass at the back of the cabin. Shops call it back glass, and trucks have a version called a slider. On almost every car it is tempered glass. Tempered glass is glass that has been heated and then cooled fast, so it is strong but breaks all at once into small pieces. It cannot be repaired. When it breaks, the whole pane goes at once, though some pieces can stay stuck in the frame. How tempered glass breaks explains why.

Three terms decide the answer:

• Glazing. The legal word for the glass in any window. Glazing rules ask what state the glass is in: whole, cracked, broken or missing.
• Mirror rule. A rule that you must be able to see the road behind you. Most state codes set it as a mirror that shows the highway "for a distance of at least 200 feet" to the rear.
• Obstruction. Anything that blocks the view through a window. A web of cracks blocks it. So does a plastic sheet or a piece of cardboard.

"Can I drive with no rear window?" is really three questions. Do your mirrors meet the mirror rule? Does your state have a rule about broken glass? And is the cover you put on legal? Each has its own answer.

What five states' rules say about a broken rear window

Each row comes from the statute or inspection rule named in it. Where a cell says the rule is silent, the text read for this page does not cover it.

California is the only one of the three statute states whose code speaks to the glass itself. Texas and Florida set the mirror rule and the cover rule, and the sections read say nothing about a broken pane. New York and Pennsylvania are inspection rules. They decide whether the car passes its sticker, not whether you can be stopped on the road.

"Illegal in every state" or "legal with two mirrors": which is right

Two answers circulate. One says a missing rear window is illegal in all U.S. states. The other says two working side mirrors make it legal. Neither holds up against the text.

The "every state" answer fails on the mirror statutes. Texas section 547.602 asks for "a mirror located to reflect to the operator a view of the highway for a distance of at least 200 feet from the rear." Florida section 316.294 uses nearly the same words. Neither one says the view has to come through the back glass. A left outside mirror can meet them with the rear window gone.

The "two mirrors" answer is closer, but it covers less than it claims. Mirrors settle the view question and, in Texas and Florida, the cover question. They do not settle the glass question. California's VC 26710 is about the window's condition, and an officer can direct you to fix it within 48 hours. New York and Pennsylvania reject broken glass at inspection with no mirror exception. The two mirror answer is a mirror rule mistaken for a glass rule.

California: the one code here that names the rear window

California's mirror rule is VC 26709. Every car registered in the state, other than a motorcycle, "shall be equipped with not less than two mirrors, including one affixed to the left-hand side." Subsection (b) then asks for mirrors on both the left and right sides when a vehicle is "constructed or loaded" so that the view to the rear is blocked. The section says that part does not apply when the load blocking the view is passengers.

The glass rule is VC 26710(a). It is unlawful to drive "when the windshield or rear window is in such a defective condition as to impair the driver's vision either to the front or rear." The test is vision, not damage. Broken glass left in the frame that blocks the view behind you is the case the words describe. The text does not say whether an empty frame counts, and no court ruling on that was read for this page.

Subsection (c) sets what happens next. The officer "shall direct the driver" to make the window conform "within 48 hours." The officer may also issue a notice to appear and ask for proof in court that the window was fixed. That proof process is in how a California fix-it ticket is cleared.

Plastic over the hole: the rules on covering a rear window

A plastic sheet taped over the frame is "material" on the rear window in the words these codes use. Every one of these rules lets you cover the rear window. Each one also asks for an outside mirror on each side when you do.

• California, VC 26708. No person may drive with "any object or material" on the windshield or side or rear windows. Exception (b)(8) allows the rear window if the car has outside mirrors on both sides that each show the driver at least 200 feet to the rear.
• Texas, 547.613. Driving with material on a window that "obstructs or reduces the operator's clear view" is a misdemeanor. Exception (b)(3) allows "a rear window, if the motor vehicle is equipped with an outside mirror on each side of the vehicle" showing 200 feet.
• Florida, 316.2954(2). A rear window "covered by, or treated with any material which has the effect of making the window nontransparent" is allowed only with "side mirrors on both sides" that meet the 200 foot rule.
• New York, 79.21(g)(1)(e). An inspector rejects a car with a "permanent obstruction of the rear window" and no left and right outside mirror.

These are the same clauses that govern dark film on the back glass. Film rules are in the windshield tint strip laws. Pennsylvania is stricter about opaque material. Its rule rejects anything you cannot see through that rises more than 3 1/2 inches from the bottom of the rear window. Clear sheeting is the safer choice there. How to fit it so it stays flat is in how to cover a broken car window.

Check that you have a right side mirror before you cover anything. The federal mirror standard, FMVSS 111, requires every passenger car to have an inside mirror and a driver's side outside mirror. It requires a passenger side mirror only when the inside mirror's view falls short. A car can leave the factory with no right mirror and still meet the standard. Once its rear window is covered, it no longer meets the state rules above. A cracked or missing side mirror is covered in replacing side mirror glass.

One broken back window, five states: a walkthrough

Take one car and walk it through the table. Suppose a sedan's rear window is smashed in a break-in on Friday night. Most of the glass falls out. A strip of crazed glass still hangs along the top edge. The car has an inside mirror and outside mirrors on both sides. The shop can fit new glass on Monday, 20 miles away.

1. Knock out the hanging glass and cover the hole. The owner clears the loose strip and tapes clear plastic over the frame. The inside mirror now shows a hazy sheet. The two outside mirrors still each show the road behind.
2. California. Two mirrors, one on the left: met. Material on the rear window: allowed under 26708(b)(8), because both outside mirrors show 200 feet. The glass is the open question under 26710. An officer who reads the covered frame as a defective rear window can order it fixed within 48 hours. Monday is inside that window.
3. Texas. One mirror showing 200 feet: met by either outside mirror. Material that reduces the view: allowed under 547.613(b)(3), because there is a mirror on each side. The sections read set no glass rule.
4. Florida. The same as Texas. The plastic makes the window hard to see through, so 316.2954(2) needs mirrors on both sides, and the car has them.
5. New York and Pennsylvania. On the road, the mirrors cover the view. At inspection, the car fails until the glass is back. Both rules reject broken glass and sharp edges.

Now change one thing. Suppose the car has no right side mirror. In California, Texas and Florida, the plastic cover is now outside the exception. The open frame with nothing on it still meets Texas's and Florida's one mirror rule. That makes the right mirror, not the plastic, the part that decides the drive.

What this answer does not cover

This page read the mirror and window rules of California, Texas and Florida, the inspection rules of New York and Pennsylvania, and the federal mirror standard. Other states write their own rules, and some may have a glass rule these three do not. No court ruling on a missing rear window was read, so whether an empty frame "impairs" vision under VC 26710 is not settled here. The fines in Texas and Florida were not read beyond what the sections say. Side windows are a separate question, as are trucks and buses, which follow the commercial vehicle glass rules. Meeting a statute also does not make the car safe. An open or loosely covered back window lets in rain and road fumes, and fragments in the cabin can cut. Cleaning up tempered glass covers the pieces.

What to do before you drive it

Check both outside mirrors first. Clear any glass still hanging in the frame, then cover the hole with clear plastic. Book the glass soon. In most cars the job is ordinary work, set out in what a rear window replacement involves, and what back glass costs gives the price range. If the break was a theft or vandalism, what to do after a break-in covers the police report, and which part of your policy pays for glass covers the claim. If you are already holding a ticket, how glass equipment tickets work explains what comes next.

Frequently asked questions

Can I drive with my back window smashed out?

In Texas and Florida the mirror law asks for one mirror that shows at least 200 feet behind you, so a working outside mirror meets it. California wants two mirrors, one on the left, and its VC 26710 also bars a rear window whose condition impairs your rear view. New York and Pennsylvania fail broken glass at inspection. Treat it as a short drive to the shop.

Is it legal to put plastic over a broken rear window?

Yes in California, Texas and Florida, if the car has an outside mirror on each side that shows at least 200 feet behind you. Each state's window rule bans material that blocks the rear window and then makes an exception for that case. Pennsylvania's inspection rule rejects opaque material more than 3 1/2 inches up from the bottom of the rear window, so use clear sheeting.

Do I need two side mirrors if my rear window is broken?

For an open frame, Texas and Florida only ask for one mirror showing 200 feet to the rear. California asks for two mirrors, one on the left. Once you cover the opening, all three want an outside mirror on each side. The federal standard only requires a passenger side mirror when the inside mirror's view falls short, so check that your car has one.

Will a broken rear window fail inspection?

In New York and Pennsylvania, yes. New York's inspection rule rejects any window that is broken or has sharp or jagged edges. Pennsylvania rejects glass that is shattered, broken or has sharp edges, and requires approved safety glazing in every window. Mirrors do not change either result. Replace the glass before your inspection date.

How long do I have to fix a rear window in California?

Vehicle Code 26710(c) tells the officer to direct the driver to make the windshield and rear window conform within 48 hours. The officer may also give a notice to appear and require proof in court that the window was fixed. A law enforcement agency, not a mechanic, signs off the correction on a California notice.

Sources

• California Vehicle Code 26709, Mirrors (FindLaw copy)
• California Vehicle Code 26710, Defective windshields and rear windows (FindLaw copy)
• California Vehicle Code 26708, Material obstructing or reducing driver's view (FindLaw copy)
• Texas Transportation Code 547.602, Mirrors (FindLaw copy)
• Texas Transportation Code 547.613, Restrictions on windows (FindLaw copy)
• Florida Statutes 316.294, Mirrors (FindLaw copy)
• Florida Statutes 316.2954, Windows behind the driver (FindLaw copy)
• New York 15 NYCRR 79.21, Inspection procedure (Cornell LII)
• Pennsylvania 67 Pa. Code 175.80, Inspection procedure
• 49 CFR 571.111, FMVSS 111 Rear visibility (Cornell LII)