PRINTER'S NO. 775
No. 731 Session of 1997
INTRODUCED BY BRIGHTBILL, SALVATORE AND ARMSTRONG,
MARCH 14, 1997
REFERRED TO TRANSPORTATION, MARCH 14, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the use of sun screening.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 4524(e) of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 4524. Windshield obstructions and wipers.
8 * * *
9 (e) Sun screening and other materials prohibited.--
10 [(1) No person shall drive any motor vehicle with any
11 sun screening device or other material which does not permit
12 a person to see or view the inside of the vehicle through the
13 windshield, side wing or side window of the vehicle.
14 (2) This subsection does not apply to:
15 (i) A vehicle which is equipped with tinted windows
16 of the type and specification that were installed by the
17 manufacturer of the vehicle or to any hearse, ambulance,
1 government vehicle or any other vehicle for which a currently
2 valid certificate of exemption has been issued in accordance
3 with regulations adopted by the department.
4 (ii) A vehicle which is equipped with tinted
5 windows, sun screening devices or other materials which
6 comply with all applicable Federal regulations and for
7 which a currently valid certificate of exemption for
8 medical reasons has been issued in accordance with
9 regulations adopted by the department.
10 (3) A certificate of exemption shall be issued by the
11 department for a vehicle which is:
12 (i) Registered in this Commonwealth on the effective
13 date of this subsection and is equipped with a sun
14 screening device or other material prohibited under
15 paragraph (1) on the effective date.
16 (ii) Equipped with tinted windows, sun screening
17 devices or other materials for a physical condition that
18 makes it necessary to equip the motor vehicle with sun
19 screening material which would be of a light
20 transmittance or luminous reflectance in violation of
21 this section.
22 (A) A certificate of exemption for medical
23 reasons shall be issued only if the owner or
24 registrant of the vehicle, or a person residing in
25 the household of the owner or registrant who
26 regularly drives or is driven in the vehicle, suffers
27 from a physical condition determined by the
28 department, in consultation with the Medical Advisory
29 Board, to justify the exemption.
30 (B) Any person requesting an exemption for
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1 medical reasons shall have his physical condition
2 certified to the department by a licensed physician
3 or optometrist.
4 (4) A certificate of exemption issued under this
5 subsection shall be carried in the vehicle and displayed on
6 request of a police officer.
7 (5) Upon the sale or transfer of the vehicle to any
8 person who does not qualify under paragraph (2)(ii), the
9 exemption shall be null and void. Prior to the sale or
10 transfer of an exempt vehicle, it shall be the sole
11 responsibility of the owner or seller of a formerly exempt
12 vehicle to remove all sun screening or other materials from
13 the vehicle. At the time of the sale or transfer of a
14 formerly exempt vehicle, the owner shall remove and destroy
15 the certificate of exemption for physical reasons and provide
16 the purchaser with a notarized statement setting forth the
17 name and address of the owner or seller, the vehicle
18 identification number, year and model, and the business
19 entity and process used to remove the sun screening or other
20 material.]
21 (1) No person may operate on any public highway, road or
22 street a motor vehicle that is registered or required to be
23 registered in this Commonwealth that has a sun screening
24 device on the windshield, the front side wings and side
25 windows adjacent to the right and left of the driver and
26 windows adjacent to the rear of the driver that does not meet
27 the requirements of this subsection.
28 (2) Nothing in this section shall prohibit the use of
29 any product or materials along the top edge of the windshield
30 so long as such product and materials are transparent and do
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1 not encroach upon the AS-1 portion of the windshield.
2 (3) A sun screening device when used in conjunction with
3 the automotive safety glazing materials of the side wings or
4 side windows located at the immediate right and left of the
5 driver shall be a nonreflective type with reflectivity of not
6 more than 15% and have a light transmission of not less than
7 42%. A sun screening device when used in conjunction with the
8 automotive safety glazing materials on the rear side windows
9 and the rearmost windows shall be a nonreflective type with
10 reflectivity of not more than 15% and have a light
11 transmission of not less than 42%. If a sun screening device
12 is used on glazing behind the driver, one right and one left
13 outside rearview mirror is required.
14 (4) Each manufacturer shall:
15 (i) Certify to the department that a sun screening
16 device used by it is in compliance with the reflectivity
17 and transmittance requirements of this subsection.
18 (ii) Provide a label not to exceed one and one-half
19 square inches in size, with a means for the permanent and
20 legible installations between the sun screening material
21 and each glazing surface to which it is applied that
22 contains the manufacturer's name and its percentage of
23 light transmission.
24 (iii) Include instructions with the product or
25 material for proper installation, including the affixing
26 of the label specified in this subsection. The labeling
27 or marking must be placed in the left lower corner of
28 each glazing surface when facing the vehicle from the
29 outside.
30 (5) No person may:
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1 (i) Offer for sale or for use any sun screening
2 product or material for motor vehicle use not in
3 compliance with this subsection.
4 (ii) Install any sun screening product or material
5 on vehicles intended for use on public roads without
6 permanently affixing the label specified in this
7 subsection.
8 (6) This subsection does not apply to a vehicle which is
9 equipped with tinted windows of the type and specification
10 that were installed by the manufacturer of the vehicle or to
11 any hearse, ambulance or government vehicle. The light
12 transmittance requirement of this subsection does not apply
13 to windows behind the driver on trucks, buses, trailers,
14 motor homes and multipurpose passenger vehicles which are
15 constructed on a truck chassis or equipped by the
16 manufacturer with special features for occasional off-road
17 operations.
18 (7) A person who violates the provisions of this
19 subsection commits a summary offense.
20 (8) The department shall approve devices which police
21 officers may use to measure the degree of tinting of windows
22 for the purpose of enforcing compliance with this subsection.
23 (9) As used in this subsection:
24 "Bus." A motor vehicle with motive power, except a
25 trailer, designed for carrying more than ten persons.
26 "Light transmission." The ratio of the amount of total
27 light to pass through a product or material to the amount of
28 the total light falling on the product or material. A 7%
29 tolerance shall be allowed when checking the light
30 transmission for enforcement purposes.
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1 "Manufacturer." Any person engaged in the manufacturing
2 or assembling of sun screening products or materials designed
3 to be used in conjunction with vehicle glazing materials for
4 the purpose of reducing the effects of the sun.
5 "Motor homes." Vehicular units designed to provide
6 temporary living quarters built into and an integral part of
7 or permanently attached to a self-propelled motor vehicle
8 chassis.
9 "Multipurpose passenger vehicle." A motor vehicle with
10 motive power, except a trailer, designed to carry ten persons
11 or less which is constructed either on a truck chassis or
12 with special features for occasional off-road operation.
13 "Nonreflective." A product or material designed to
14 absorb light rather than to reflect it.
15 "Sun screening device." Film material or device that is
16 designed to be used in conjunction with motor vehicle safety
17 glazing materials for reducing the effect of the sun.
18 Section 2. This act shall take effect in 120 days.
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