PRIOR PRINTER'S NO. 1892 PRINTER'S NO. 2671
No. 1613 Session of 1989
INTRODUCED BY GAMBLE, NOYE, GODSHALL, D. W. SNYDER, BATTISTO,
PISTELLA, SCHEETZ, DeLUCA, PRESSMANN, CIVERA, GRUPPO,
HECKLER, TELEK, E. Z. TAYLOR, FOX, STABACK, SAURMAN, BELARDI,
CORRIGAN, TRELLO, FARMER, JAROLIN, OLASZ, MRKONIC, KASUNIC,
McVERRY, VEON AND ITKIN, MAY 31, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 23, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, prohibiting the installation of certain sun
3 screening devices and materials.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4524(e) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4524. Windshield obstructions and wipers.
9 * * *
10 [(e) Sun screening and other materials prohibited.-- <--
11 (1) No person shall drive any motor vehicle with any sun
12 screening device or other material which does not permit a
13 person to see or view the inside of the vehicle through the
14 windshield, side wing or side window of the vehicle; nor
15 shall any person install such a device or material in a motor
16 vehicle.
1 (2) This subsection does not apply to any vehicle which
2 is equipped with tinted windows of the type and specification
3 that were installed by the manufacturer of the vehicle or to
4 any hearse, ambulance, government vehicle or any other
5 vehicle to which a currently valid certificate of exemption
6 is affixed as specified by regulation adopted by the
7 department. A certificate of exemption shall be issued by the
8 department for a vehicle which is registered in this
9 Commonwealth on the effective date of this subsection and is
10 equipped with a sun screening device or other material
11 prohibited under paragraph (1) on the effective date.] <--
12 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
13 § 4537. SUN SCREENING.
14 (A) SUN SCREEN OPERATION.--NO PERSON MAY OPERATE A MOTOR
15 VEHICLE THAT IS REGISTERED OR REQUIRED TO BE REGISTERED IN THIS
16 COMMONWEALTH ON ANY PUBLIC HIGHWAY, ROAD OR STREET THAT HAS A
17 SUN SCREEN DEVICE ON THE WINDSHIELD, THE FRONT SIDE WINGS AND
18 SIDE WINDOWS ADJACENT TO THE RIGHT AND LEFT OF THE DRIVER AND
19 WINDOWS TO THE REAR OF THE DRIVER THAT DO NOT MEET THE
20 REQUIREMENT OF THIS SECTION.
21 (B) AUTHORIZED USE.--A SUN SCREENING DEVICE WHEN USED IN
22 CONJUNCTION WITH THE WINDSHIELD MAY NOT BE RED, YELLOW OR AMBER
23 IN COLOR. A SUN SCREENING DEVICE MAY BE USED ONLY ALONG THE TOP
24 OF THE WINDSHIELD AND MAY NOT EXTEND DOWNWARD BEYOND THE ASI
25 LINE OR MORE THAN FIVE INCHES FROM THE TOP OF THE WINDSHIELD
26 WHICHEVER IS CLOSER TO THE TOP OF THE WINDSHIELD.
27 (C) MINIMUM LIGHT REFLECTION AND TRANSMISSION.--A SUN
28 SCREENING DEVICE WHEN USED IN CONJUNCTION WITH THE SAFETY
29 GLAZING MATERIALS OF THE SIDE WINGS OR SIDE WINDOWS, LOCATED AT
30 THE IMMEDIATE RIGHT AND LEFT OF THE DRIVER, THE SIDE WINDOWS
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1 BEHIND THE DRIVER AND THE REAR-MOST WINDOW MUST HAVE LIGHT
2 REFLECTION OF 35% OR LESS AND HAVE LIGHT TRANSMISSION OF NOT
3 LESS THAN 35%.
4 (D) MANUFACTURERS REQUIREMENTS.--EACH MANUFACTURER SHALL:
5 (1) CERTIFY TO THE DEPARTMENT THAT A SUN SCREENING
6 DEVICE USED IS IN COMPLIANCE WITH THE REFLECTIVITY AND
7 TRANSMITTANCE REQUIREMENTS OF THIS SECTION.
8 (2) PROVIDE A LABEL NOT TO EXCEED 1 1/2 SQUARE INCHES IN
9 SIZE, WITH A MEANS FOR THE PERMANENT AND LEGIBLE
10 INSTALLATIONS BETWEEN THE SUN SCREENING MATERIAL AND EACH
11 GLAZING SURFACE TO WHICH IT IS APPLIED THAT CONTAINS THE
12 MANUFACTURER'S NAME AND ITS PERCENTAGE OF LIGHT TRANSMISSION.
13 (3) INCLUDE INSTRUCTIONS WITH THE PRODUCT OR MATERIAL
14 FOR PROPER INSTALLATIONS, INCLUDING THE AFFIXING OF THE LABEL
15 SPECIFIED IN THIS SECTION. THE LABELING OR MARKING MUST BE
16 PLACED IN THE LEFT LOWER CORNER OF EACH GLAZING SURFACE WHEN
17 FACING THE VEHICLE FROM THE OUTSIDE.
18 (E) PROHIBITIONS.--NO PERSON MAY:
19 (1) OFFER FOR SALE OR FOR USE ANY SUN SCREENING PRODUCT
20 OR MATERIAL FOR MOTOR VEHICLE USE NOT IN COMPLIANCE WITH THIS
21 SECTION.
22 (2) INSTALL ANY SUN SCREENING PRODUCT OR MATERIAL ON
23 VEHICLES INTENDED FOR USE ON PUBLIC ROADS WITHOUT PERMANENTLY
24 AFFIXING THE LABEL SPECIFIED IN THIS SECTION.
25 (F) EXCEPTIONS.--
26 (1) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A
27 MOTOR VEHICLE REGISTERED IN THIS COMMONWEALTH IN THE NAME OF
28 A PERSON, OR THE PERSON'S LEGAL GUARDIAN, WHO HAS AN
29 AFFIDAVIT SIGNED BY A PHYSICIAN OR AN OPTOMETRIST LICENSED TO
30 PRACTICE IN THIS COMMONWEALTH THAT STATES THAT THE PERSON HAS
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1 A PHYSICAL CONDITION THAT MAKES IT NECESSARY TO EQUIP THE
2 MOTOR VEHICLE WITH SUN SCREENING MATERIAL WHICH WOULD BE OF A
3 LIGHT TRANSMITTANCE OR LUMINOUS REFLECTANCE IN VIOLATION OF
4 THIS SECTION. THE AFFIDAVIT MUST BE IN THE POSSESSION OF THE
5 PERSON SO AFFLICTED, OR THE PERSON'S LEGAL GUARDIAN, AT ALL
6 TIMES WHILE BEING TRANSPORTED IN THE MOTOR VEHICLE.
7 (2) THE LIGHT TRANSMITTANCE REQUIREMENTS OF THIS SECTION
8 SHALL NOT APPLY TO WINDOWS BEHIND THE DRIVER ON TRUCKS,
9 BUSES, TRAILERS, MOBILE HOMES AND MULTIPURPOSE PASSENGER
10 VEHICLES.
11 (G) PENALTY.--A PERSON WHO VIOLATES THE PROVISIONS OF THIS
12 SECTION SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
13 NOT MORE THAN $200.
14 (H) APPLICABILITY.--THIS SECTION SHALL APPLY TO ALL VEHICLES
15 MANUFACTURED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
16 (I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
17 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
18 SUBSECTION:
19 "BUS." A MOTOR VEHICLE WITH MOTIVE POWER, EXCEPT A TRAILER,
20 DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY OR SPECIAL
21 PURPOSE EQUIPMENT.
22 "LIGHT TRANSMISSION." THE RATIO OF THE AMOUNT OF TOTAL LIGHT
23 TO PASS THROUGH A PRODUCT OR MATERIAL TO THE AMOUNT OF THE TOTAL
24 LIGHT FALLING ON THE PRODUCT OR MATERIAL.
25 "LUMINOUS REFLECTANTS." THE RATIO OF THE AMOUNT OF TOTAL
26 LIGHT THAT IS REFLECTED OUTWARD BY THE PRODUCT OR MATERIAL TO
27 THE AMOUNT OF THE TOTAL LIGHT FALLING ON THE PRODUCT OR
28 MATERIALS.
29 "MANUFACTURER." ANY PERSON ENGAGED IN THE MANUFACTURING OR
30 ASSEMBLING OF SUN SCREENING PRODUCTS OR MATERIALS DESIGNED TO BE
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1 USED IN CONJUNCTION WITH VEHICLE GLAZING MATERIALS FOR THE
2 PURPOSE OF REDUCING THE EFFECTS OF THE SUN.
3 "MOTOR HOMES." VEHICULAR UNITS DESIGNED TO PROVIDE TEMPORARY
4 LIVING QUARTERS BUILT INTO AND AN INTEGRAL PART OF OR
5 PERMANENTLY ATTACHED TO A SELF-PROPELLED MOTOR VEHICLE CHASSIS.
6 "MULTIPURPOSE PASSENGER VEHICLE." A MOTOR VEHICLE WITH
7 MOTIVE POWER, EXCEPT A TRAILER DESIGNED TO CARRY TEN PERSONS OR
8 LESS WHICH IS CONSTRUCTED EITHER ON A TRUCK CHASSIS OR WITH
9 SPECIAL FEATURES FOR OCCASIONAL OFF-ROAD OPERATION.
10 "NONREFLECTIVE." A PRODUCT OR MATERIAL DESIGNED TO ABSORB
11 LIGHT RATHER THAN TO REFLECT IT.
12 "PASSENGER CAR." A MOTOR VEHICLE WITH MOTIVE POWER, EXCEPT A
13 MULTIPURPOSE PASSENGER VEHICLE, MOTORCYCLE, OR TRAILER, DESIGNED
14 FOR CARRYING TEN PERSONS OR LESS.
15 "TRUCK." A MOTOR VEHICLE WITH MOTIVE POWER, EXCEPT A
16 TRAILER, DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY
17 OR SPECIAL PURPOSE EQUIPMENT.
18 Section 2 3. This act shall take effect in 60 days. <--
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