PRINTER'S NO. 3220

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2455 Session of 1996


        INTRODUCED BY MAITLAND, FLEAGLE, STISH, DEMPSEY, SATHER, HASAY,
           LEH, EGOLF, HENNESSEY, MILLER, KENNEY, CORNELL AND McGILL,
           MARCH 13, 1996

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 13, 1996

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, providing for the use of interior lights; and
     3     further providing for the use of sun screening.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 4309.  Use of interior light.
     9     The operator of a vehicle equipped with an interior light,
    10  when stopped by a law enforcement officer during the period when
    11  lighted lamps are required under section 4302 (relating to
    12  periods for requiring lighted lamps), shall activate an interior
    13  light of the vehicle in order to illuminate the operator's
    14  compartment of the vehicle. Any person who purposely refuses to
    15  comply with this section commits a summary offense.
    16     Section 2.  Section 4524(e) of Title 75 is amended to read:
    17  § 4524.  Windshield obstructions and wipers.
    18     * * *

     1     (e)  Sun screening and other materials prohibited.--
     2         [(1)  No person shall drive any motor vehicle with any
     3     sun screening device or other material which does not permit
     4     a person to see or view the inside of the vehicle through the
     5     windshield, side wing or side window of the vehicle.
     6         (2)  This subsection does not apply to:
     7             (i)  A vehicle which is equipped with tinted windows
     8     of the type and specification that were installed by the
     9     manufacturer of the vehicle or to any hearse, ambulance,
    10     government vehicle or any other vehicle for which a currently
    11     valid certificate of exemption has been issued in accordance
    12     with regulations adopted by the department.
    13             (ii)  A vehicle which is equipped with tinted
    14         windows, sun screening devices or other materials which
    15         comply with all applicable Federal regulations and for
    16         which a currently valid certificate of exemption for
    17         medical reasons has been issued in accordance with
    18         regulations adopted by the department.
    19         (3)  A certificate of exemption shall be issued by the
    20     department for a vehicle which is:
    21             (i)  Registered in this Commonwealth on the effective
    22         date of this subsection and is equipped with a sun
    23         screening device or other material prohibited under
    24         paragraph (1) on the effective date.
    25             (ii)  Equipped with tinted windows, sun screening
    26         devices or other materials for a physical condition that
    27         makes it necessary to equip the motor vehicle with sun
    28         screening material which would be of a light
    29         transmittance or luminous reflectance in violation of
    30         this section.
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     1                 (A)  A certificate of exemption for medical
     2             reasons shall be issued only if the owner or
     3             registrant of the vehicle, or a person residing in
     4             the household of the owner or registrant who
     5             regularly drives or is driven in the vehicle, suffers
     6             from a physical condition determined by the
     7             department, in consultation with the Medical Advisory
     8             Board, to justify the exemption.
     9                 (B)  Any person requesting an exemption for
    10             medical reasons shall have his physical condition
    11             certified to the department by a licensed physician
    12             or optometrist.
    13         (4)  A certificate of exemption issued under this
    14     subsection shall be carried in the vehicle and displayed on
    15     request of a police officer.
    16         (5)  Upon the sale or transfer of the vehicle to any
    17     person who does not qualify under paragraph (2)(ii), the
    18     exemption shall be null and void. Prior to the sale or
    19     transfer of an exempt vehicle, it shall be the sole
    20     responsibility of the owner or seller of a formerly exempt
    21     vehicle to remove all sun screening or other materials from
    22     the vehicle. At the time of the sale or transfer of a
    23     formerly exempt vehicle, the owner shall remove and destroy
    24     the certificate of exemption for physical reasons and provide
    25     the purchaser with a notarized statement setting forth the
    26     name and address of the owner or seller, the vehicle
    27     identification number, year and model, and the business
    28     entity and process used to remove the sun screening or other
    29     material.]
    30         (1)  No person may operate on any public highway, road or
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     1     street a motor vehicle that is registered or required to be
     2     registered in this Commonwealth that has a sun screening
     3     device on the windshield, the front side wings and side
     4     windows adjacent to the right and left of the driver and
     5     windows adjacent to the rear of the driver that does not meet
     6     the requirements of this subsection.
     7         (2)  Nothing in this section shall prohibit the use of
     8     any product or materials along the top edge of the windshield
     9     so long as such product and materials are transparent and do
    10     not encroach upon the AS-1 portion of the windshield.
    11         (3)  A sun screening device when used in conjunction with
    12     the automotive safety glazing materials of the side wings or
    13     side windows located at the immediate right and left of the
    14     driver shall be a nonreflective type with reflectivity of not
    15     more than 15% and have a light transmission of not less than
    16     42%. A sun screening device when used in conjunction with the
    17     automotive safety glazing materials on the rear side windows
    18     and the rearmost windows shall be a nonreflective type with
    19     reflectivity of not more than 15% and have a light
    20     transmission of not less than 42%. If a sun screening device
    21     is used on glazing behind the driver, one right and one left
    22     outside rearview mirror is required.
    23         (4)  Each manufacturer shall:
    24             (i)  Certify to the department that a sun screening
    25         device used by it is in compliance with the reflectivity
    26         and transmittance requirements of this subsection.
    27             (ii)  Provide a label not to exceed one and one-half
    28         square inches in size, with a means for the permanent and
    29         legible installations between the sun screening material
    30         and each glazing surface to which it is applied that
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     1         contains the manufacturer's name and its percentage of
     2         light transmission.
     3             (iii)  Include instructions with the product or
     4         material for proper installation, including the affixing
     5         of the label specified in this subsection. The labeling
     6         or marking must be placed in the left lower corner of
     7         each glazing surface when facing the vehicle from the
     8         outside.
     9         (5)  No person may:
    10             (i)  Offer for sale or for use any sun screening
    11         product or material for motor vehicle use not in
    12         compliance with this subsection.
    13             (ii)  Install any sun screening product or material
    14         on vehicles intended for use on public roads without
    15         permanently affixing the label specified in this
    16         subsection.
    17         (6)  This subsection does not apply to a vehicle which is
    18     equipped with tinted windows of the type and specification
    19     that were installed by the manufacturer of the vehicle or to
    20     any hearse, ambulance or government vehicle. The light
    21     transmittance requirement of this subsection does not apply
    22     to windows behind the driver on trucks, buses, trailers,
    23     mobile homes and multipurpose passenger vehicles which are
    24     constructed on a truck chassis or equipped by the
    25     manufacturer with special features for occasional off-road
    26     operations.
    27         (7)  A person who violates the provisions of this
    28     subsection commits a summary offense.
    29         (8)  The department shall approve devices which police
    30     officers may use to measure the degree of tinting of windows
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     1     for the purpose of enforcing compliance with this subsection.
     2         (9)  As used in this subsection:
     3         "Bus."  A motor vehicle with motive power, except a
     4     trailer, designed for carrying more than ten persons.
     5         "Light transmission."  The ratio of the amount of total
     6     light to pass through a product or material to the amount of
     7     the total light falling on the product or material. A 7%
     8     tolerance shall be allowed when checking the light
     9     transmission for enforcement purposes.
    10         "Luminous reflectants."  The ratio of the amount of total
    11     light that is reflected outward by the product or material to
    12     the amount of the total light falling on the product or
    13     material.
    14         "Manufacturer."  Any person engaged in the manufacturing
    15     or assembling of sun screening products or materials designed
    16     to be used in conjunction with vehicle glazing materials for
    17     the purpose of reducing the effects of the sun.
    18         "Motor homes."  Vehicular units designed to provide
    19     temporary living quarters built into and an integral part of
    20     or permanently attached to a self-propelled motor vehicle
    21     chassis.
    22         "Multipurpose passenger vehicle."  A motor vehicle with
    23     motive power, except a trailer, designed to carry ten persons
    24     or less which is constructed either on a truck chassis or
    25     with special features for occasional off-road operation.
    26         "Nonreflective."  A product or material designed to
    27     absorb light rather than to reflect it.
    28         "Sun screening device."  Film material or device that is
    29     designed to be used in conjunction with motor vehicle safety
    30     glazing materials for reducing the effect of the sun.
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     1     Section 2.  This act shall take effect in 120 days.




















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