THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. SMITH, BRENNAN, CALTAGIRONE, HARHAI, HENNESSEY, HESS, KORTZ, MAHONEY, PHILLIPS, QUINN, ROHRER, SIPTROTH, VULAKOVICH, WALKO AND YOUNGBLOOD, MARCH 12, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 12, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for prohibitions relating to sun

screening and other materials.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4524(e) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 4524.  Windshield obstructions and wipers.

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(e)  Sun screening and other materials prohibited.--

(1)  No person shall drive any motor vehicle with any sun

screening device or other material which does not permit a

person to see or view the inside of the vehicle through the

windshield, side wing or side window of the vehicle.

(2)  This subsection does not apply to:

(i)  A vehicle which is equipped with tinted windows

of the type and specification that were installed by the

manufacturer of the vehicle or to any hearse, ambulance,

government vehicle or any other vehicle for which a

currently valid certificate of exemption has been issued

in accordance with regulations adopted by the department.

(ii)  A vehicle which is equipped with tinted

windows, sun screening devices or other materials which

comply with all applicable Federal regulations and for

which a currently valid certificate of exemption for

medical reasons has been issued in accordance with

regulations adopted by the department.

(3)  A certificate of exemption shall be issued by the

department for a vehicle which is:

(i)  Registered in this Commonwealth on the effective

date of this subsection and is equipped with a sun

screening device or other material prohibited under

paragraph (1) on the effective date.

(ii)  Equipped with tinted windows, sun screening

devices or other materials for a physical condition that

makes it necessary to equip the motor vehicle with sun

screening material which would be of a light

transmittance or luminous reflectance in violation of

this section. The following apply:

(A)  [A] (I)  Except as set forth in subclause

(II), a certificate of exemption for medical

reasons shall be issued only if the owner or

registrant of the vehicle, or a person residing

in the household of the owner or registrant who

regularly drives or is driven in the vehicle,

suffers from a physical condition determined by

the department, in consultation with the Medical

Advisory Board, to justify the exemption.

(II)  If the person suffers from the physical

condition oculocutaneous albinism, the department

shall issue a certificate of exemption due to

medical reasons, provided the condition is

certified in accordance with clause (B). An

exemption under this subclause shall permit the

use of a sun screening device of a nonreflective

type with reflectivity of not more than 15% used

in conjunction with the automotive safety glazing

materials on the front side wings and side

windows adjacent to the right and left of the

driver.

(B)  Any person requesting an exemption for

medical reasons shall have his physical condition

certified to the department by a licensed physician

or optometrist.

(4)  A certificate of exemption issued under this

subsection shall be carried in the vehicle and displayed on

request of a police officer.

(5)  Upon the sale or transfer of the vehicle to any

person who does not qualify under paragraph (2)(ii), the

exemption shall be null and void. Prior to the sale or

transfer of an exempt vehicle, it shall be the sole

responsibility of the owner or seller of a formerly exempt

vehicle to remove all sun screening or other materials from

the vehicle. At the time of the sale or transfer of a

formerly exempt vehicle, the owner shall remove and destroy

the certificate of exemption for physical reasons and provide

the purchaser with a notarized statement setting forth the

name and address of the owner or seller, the vehicle

identification number, year and model, and the business

entity and process used to remove the sun screening or other

material.

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Section 2.  This act shall take effect in 60 days.