PRINTER'S NO. 300
No. 277 Session of 2005
INTRODUCED BY PRESTON, BISHOP, BUXTON, CALTAGIRONE, COSTA,
CRAHALLA, CURRY, DeLUCA, DENLINGER, DONATUCCI, FICHTER,
FRANKEL, HARHAI, JAMES, W. KELLER, LaGROTTA, LEDERER, MELIO,
PALLONE, PISTELLA, READSHAW, SCAVELLO, THOMAS, WALKO AND
YOUNGBLOOD, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for windshield obstructions and
3 wipers.
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] operate on
12 a public highway, road or street a motor vehicle that is
13 registered or required to be registered in this Commonwealth
14 with any sun screening device or other material which does
15 not permit a person to see or view the inside of the vehicle
16 through the windshield, side wing or side window of the
17 vehicle, except in accordance with the provisions of this
1 subsection.
2 (2) This subsection does not apply to:
3 (i) A vehicle which is equipped with tinted windows
4 of the type and specification that were installed by the
5 manufacturer of the vehicle or to any limousine, hearse,
6 ambulance, government vehicle or any other vehicle for
7 which a currently valid certificate of exemption has been
8 issued in accordance with regulations adopted by the
9 department.
10 (ii) A vehicle which is equipped with tinted
11 windows, sun screening devices or other materials which
12 comply with all applicable Federal regulations and for
13 which a currently valid certificate of exemption for
14 medical reasons has been issued in accordance with
15 regulations adopted by the department.
16 (3) A certificate of exemption shall be issued by the
17 department for a vehicle which is:
18 (i) Registered in this Commonwealth on the effective
19 date of this subsection and is equipped with a sun
20 screening device or other material prohibited under
21 paragraph (1) on the effective date.
22 (ii) Equipped with tinted windows, sun screening
23 devices or other materials for a physical condition that
24 makes it necessary to equip the motor vehicle with sun
25 screening material which would be of a light
26 transmittance or luminous reflectance in violation of
27 this section.
28 (A) A certificate of exemption [for medical
29 reasons] as a result of a medical condition shall be
30 issued only if the owner or registrant of the
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1 vehicle, or a person residing in the household of the
2 owner or registrant who regularly drives or is driven
3 in the vehicle, suffers from a physical condition
4 determined by the department, in consultation with
5 the Medical Advisory Board, to justify the exemption.
6 (B) Any person requesting an exemption for
7 medical reasons shall have his physical condition
8 certified to the department by a licensed physician
9 or optometrist.
10 (4) A certificate of exemption issued under this
11 subsection shall be carried in the vehicle and displayed on
12 request of a police officer.
13 (5) Upon the sale or transfer of the vehicle to any
14 person who does not qualify under paragraph (2)(ii), the
15 exemption shall be null and void. Prior to the sale or
16 transfer of an exempt vehicle, it shall be the sole
17 responsibility of the owner or seller of a formerly exempt
18 vehicle to remove all sun screening or other materials from
19 the vehicle. At the time of the sale or transfer of a
20 formerly exempt vehicle, the owner shall remove and destroy
21 the certificate of exemption for physical reasons and provide
22 the purchaser with a notarized statement setting forth the
23 name and address of the owner or seller, the vehicle
24 identification number, year and model, and the business
25 entity and process used to remove the sun screening or other
26 material.
27 (6) Nothing in this subsection shall prohibit the use
28 of:
29 (i) A sun screening product or material along the
30 top edge of the windshield as long as the product is
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1 transparent and does not extend beyond the AS-1 portion
2 of the windshield or six inches from the top of the
3 windshield.
4 (ii) A sun screening device or material used in
5 conjunction with the automotive safety glazing materials
6 of the side windows located at the immediate right and
7 left of the driver that has a light reflectivity of no
8 more than 15% and a visible light transmittance level of
9 not less than 70%.
10 (iii) A sun screening device or material used in
11 conjunction with the automotive safety glazing materials
12 of the rear window or the side windows located behind the
13 driver that has a light reflectivity of no more than 15%
14 and a visible light transmittance level of not less than
15 35%.
16 (iv) A sun screening device or material on the rear
17 side windows or rear window of any multipurpose passenger
18 vehicle or pickup truck.
19 (7) Each manufacturer and installer shall:
20 (i) Provide a label, not to exceed one and one-half
21 square inches in size, having permanent and legible
22 installation between the sun screening material and each
23 glazing surface to which they are applied that contain
24 the manufacturer's and installer's names and the
25 percentage of light transmittance and reflectance.
26 (ii) Include instructions with the product or
27 material for proper installation, including affixing of
28 the label specified in subparagraph (i). The labeling or
29 marking must be placed in the left lower corner of each
30 glazing surface when facing the vehicle from the outside.
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1 (8) No person may:
2 (i) Offer for sale or use a sun screening product or
3 material for motor vehicles not in compliance with this
4 subsection.
5 (ii) Install a sun screening product or material on
6 vehicles intended for use on public roads without
7 permanently affixing the label specified in paragraph
8 (7)(i).
9 (9) A person who operates a motor vehicle in violation
10 of this subsection commits a summary offense and shall, upon
11 conviction, be sentenced to pay a fine of $100 for the first
12 offense, a fine of $200 for the second offense and a fine of
13 $500 for each successive offense.
14 (10) A manufacturer or installer that violates this
15 subsection commits a summary offense and shall, upon
16 conviction, be sentenced to pay a fine of $250 for the first
17 conviction and a fine of $500 for each successive offense.
18 (11) The department shall approve devices which police
19 officers use to measure the degree of tinting on windows for
20 the purpose of enforcing compliance with this subsection.
21 (12) As used in this subsection, the following words and
22 phrases shall have the meanings given to them in this
23 paragraph:
24 "Manufacturer." A person engaged in the manufacturing or
25 assembling of sun screening products or materials designed to
26 be used in conjunction with vehicle glazing materials for the
27 purpose of reducing the effects of the sun.
28 "Multipurpose passenger vehicle." Any motor vehicle that
29 is:
30 (i) designed to carry no more than ten persons; and
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1 (ii) constructed either on a truck chassis or with
2 special features for occasional off-road use.
3 "Sun screening device." Film material or device designed
4 to be used in conjunction with the motor vehicle safety
5 glazing materials for reducing the effects of the sun.
6 "Visible light transmittance." The ratio of the amount
7 of total light allowed to pass through a product or material
8 when applied to the glass surface to the amount of total
9 light. A 5% tolerance is allowed when checking the light
10 transmission for enforcement purposes.
11 * * *
12 Section 2. This act shall take effect in 60 days.
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