PRINTER'S NO. 3699
No. 2571 Session of 2002
INTRODUCED BY ROHRER, ALLEN, BASTIAN, CLARK, M. COHEN, CORRIGAN,
CREIGHTON, CRUZ, DALEY, GRUITZA, HARHAI, HERSHEY, HORSEY,
KELLER, LEH, R. MILLER, RUBLEY, SOLOBAY, WILT, G. WRIGHT AND
YOUNGBLOOD, APRIL 16, 2002
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 16, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for promulgation of vehicle
3 equipment standards and for prohibitions relating to sun
4 screening and other materials.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 4103(b) and 4524(e) of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 4103. Promulgation of vehicle equipment standards.
10 * * *
11 (b) Applicability of Federal standards.--Federal standards
12 promulgated with respect to the performance of any vehicle or
13 item of equipment shall have the same force and effect as if
14 promulgated by the department under subsection (a) and shall
15 supersede any Commonwealth standard applicable to the same
16 aspect of performance for the vehicle or item of equipment
17 except section 4524(e) (relating to windshield obstruction and
18 wipers).
1 * * *
2 § 4524. Windshield obstructions and wipers.
3 * * *
4 (e) Sun screening and other materials prohibited.--
5 (1) No person shall drive any motor vehicle with any sun
6 screening device or other material which does not permit a
7 person to see or view the inside of the vehicle through the
8 windshield[, side wing or side window of the vehicle].
9 (2) This subsection does not apply to:
10 (i) A [vehicle which is equipped with tinted windows
11 of the type and specification that were installed by the
12 manufacturer of the vehicle or to any] limousine, hearse,
13 ambulance[, government] or official vehicle [or any other
14 vehicle] for which a currently valid certificate of
15 exemption has been issued in accordance with regulations
16 adopted by the department.
17 (ii) A vehicle which is equipped with tinted
18 windows, sun screening devices or other materials which
19 comply with all applicable Federal regulations and for
20 which a currently valid certificate of exemption for
21 medical reasons has been issued in accordance with
22 regulations adopted by the department.
23 (iii) Any other vehicle for which a currently valid
24 certificate of exemption has been issued in accordance
25 with regulations adopted by the department.
26 (3) A certificate of exemption shall be issued by the
27 department for a vehicle which is:
28 (i) Registered in this Commonwealth on the effective
29 date of this subsection and is equipped with a sun
30 screening device or other material prohibited under
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1 paragraph (1) on the effective date.
2 (ii) Equipped with tinted windows, sun screening
3 devices or other materials for a physical condition that
4 makes it necessary to equip the motor vehicle with sun
5 screening material which would be of a light
6 transmittance or [luminous] light reflectance in
7 violation of this section.
8 (A) A certificate of exemption [for] due to
9 medical reasons shall be issued only if the owner or
10 registrant of the vehicle, or a person residing in
11 the household of the owner or registrant who
12 regularly drives or is driven in the vehicle, suffers
13 from a physical condition determined by the
14 department, in consultation with the Medical Advisory
15 Board, to justify the exemption.
16 (B) Any person requesting an exemption for
17 medical reasons shall have his physical condition
18 certified to the department by a licensed physician
19 or optometrist.
20 (4) A certificate of exemption issued under this
21 subsection shall be carried in the vehicle and displayed on
22 request of a police officer.
23 (5) Upon the sale or transfer of the vehicle to any
24 person who does not qualify under paragraph (2)(ii), the
25 exemption shall be null and void. Prior to the sale or
26 transfer of an exempt vehicle, it shall be the sole
27 responsibility of the owner or seller of a formerly exempt
28 vehicle to remove all sun screening or other materials from
29 the vehicle. At the time of the sale or transfer of a
30 formerly exempt vehicle, the owner shall remove and destroy
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1 the certificate of exemption for physical reasons and provide
2 the purchaser with a notarized statement setting forth the
3 name and address of the owner or seller, the vehicle
4 identification number, year and model, and the business
5 entity and process used to remove the sun screening or other
6 material.
7 (6) No person may operate on a public highway, road or
8 street a motor vehicle which is registered or required to be
9 registered in this Commonwealth and has a sun screening
10 device on the windshield, the front side wings, side windows
11 adjacent to the right or left of the driver or windows
12 adjacent to the rear of the driver which does not meet the
13 requirements of this subsection.
14 (7) Nothing in this subsection prohibits the use of a
15 product or material along the top edge of the windshield as
16 long as the product or material is transparent and does not
17 encroach upon the AS-1 portion of the windshield.
18 (8) A sun screening device used in conjunction with the
19 automotive safety glazing materials of the side wings or side
20 windows located at the immediate right and left of the driver
21 shall be a nonreflective type with reflectivity of not more
22 than 15% and a light transmittance level of not less than
23 70%.
24 (9) A sun screening device of a nonreflective type with
25 reflectivity of not more than 15% may be used in conjunction
26 with the automotive safety glazing materials on the rear side
27 left and right windows and wings and the rearmost windows.
28 (10) Each manufacturer and installer shall:
29 (i) Certify to the department that a sun screening
30 device used by it is in compliance with the reflectivity
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1 and transmittance levels of this subsection.
2 (ii) Provide a label, not exceeding one and one-half
3 square inches in size, having permanent and legible
4 installations between the sun screening material and each
5 glazing surface to which they are applied that contain
6 the manufacturer's name and the percentage of light
7 transmittance and reflectance.
8 (iii) Include instructions with the product or
9 material for proper installation, including the affixing
10 of the label specified in subparagraph (ii). The labeling
11 or marking must be placed in the left lower corner of
12 each glazing surface when facing the vehicle from the
13 outside.
14 (11) No person may:
15 (i) Offer for sale or use a sun screening product or
16 material for motor vehicle use not in compliance with
17 this subsection.
18 (ii) Install a sun screening product or material on
19 vehicles intended for use on public roads without
20 permanently affixing the label specified in paragraph
21 (10)(ii).
22 (12) An individual who violates this subsection commits
23 a summary offense.
24 (13) A manufacturer or installer that violates this
25 subsection commits a summary offense and shall, upon
26 conviction, be sentenced to pay a fine of $100 plus all
27 appropriate court costs and fees.
28 (14) The department shall approve devices which police
29 officers may use to measure the degree of tinting of windows
30 for the purpose of enforcing compliance with this subsection.
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1 (15) As used in this subsection, the following words and
2 phrases shall have the meanings given to them in this
3 paragraph:
4 "Bus." A motor vehicle with motive power, except a
5 trailer, designed for carrying more than ten persons.
6 "Light transmittance." The ratio of the amount of total
7 light to pass through a product or material to the amount of
8 the total light falling on the product or material. A 7%
9 tolerance is allowed when checking the light transmittance
10 for enforcement purposes.
11 "Manufacturer." A person engaged in the manufacturing or
12 assembling of sun screening products or materials designed to
13 be used in conjunction with vehicle glazing materials for the
14 purpose of reducing the effects of the sun.
15 "Nonreflective." Designed to absorb light rather than to
16 reflect it.
17 "Sun screening device." Film material or device designed
18 to be used in conjunction with motor vehicle safety glazing
19 materials for reducing the effect of the sun.
20 Section 2. This act shall take effect in 60 days.
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