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                                                      PRINTER'S NO. 3275

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2346 Session of 2004


        INTRODUCED BY PALLONE, BIANCUCCI, COSTA, DALEY, HARHAI,
           HENNESSEY, HERSHEY, KELLER, KOTIK, LEDERER, MUNDY, PISTELLA,
           READSHAW, REICHLEY, SCAVELLO, SCRIMENTI, SHANER, SOLOBAY,
           THOMAS, WALKO, WANSACZ AND WATSON, FEBRUARY 4, 2004

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 2004

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for windshield obstructions.

     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 sun
    11     screening device or other material which does not permit a
    12     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
     2         currently valid certificate of exemption has been issued
     3         in accordance 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         (6)  The regulations contained in 67 Pa. Code § 175.67
    22     (relating to glazing) as of the effective date of this
    23     paragraph are declared to be in compliance with the
    24     provisions of this subsection.
    25     * * *
    26     Section 2.  This act shall take effect immediately.



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