PRINTER'S NO. 3923

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2919 Session of 1994


        INTRODUCED BY CESSAR, TIGUE, FARGO, NICKOL, DEMPSEY, CLARK,
           SAYLOR, TRUE, KING, FLEAGLE, FAJT, HERSHEY, LAUB, MELIO,
           MILLER, VAN HORNE, PETTIT, PHILLIPS, RAYMOND, ROBINSON,
           MAITLAND, STERN, KENNEY, OLASZ, McGEEHAN AND NYCE,
           JUNE 16, 1994

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 16, 1994

                                     AN ACT

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

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 4524 heading and (e) of Title 75 of the
     6  Pennsylvania Consolidated Statutes are amended to read:
     7  § 4524.  [Windshield] Window obstructions and wipers.
     8     * * *
     9     (e)  [Sun] Regulation of sun screening and other materials
    10  [prohibited].--
    11         (1)  No person shall drive any motor vehicle with any sun
    12     screening device or other material which does not permit a
    13     person to see or view the inside of the vehicle through the
    14     windshield, side wing or side window of the vehicle.
    15         (2)  This subsection does not apply to:
    16             (i)  A vehicle which is equipped with tinted windows


     1         of the type and specification that were installed by the
     2         manufacturer of the vehicle or to any hearse, ambulance,
     3         government vehicle or any other vehicle for which a
     4         currently valid certificate of exemption has been issued
     5         in accordance with regulations adopted by the department.
     6             (ii)  A vehicle which is equipped with tinted
     7         windows, sun screening devices or other materials which
     8         comply with all applicable Federal regulations and for
     9         which a currently valid certificate of exemption for
    10         medical reasons has been issued in accordance with
    11         regulations adopted by the department.
    12         (3)  A certificate of exemption shall be issued by the
    13     department for a vehicle which is:
    14             (i)  Registered in this Commonwealth on the effective
    15         date of this subsection and is equipped with a sun
    16         screening device or other material prohibited under
    17         paragraph (1) on the effective date.
    18             (ii)  Equipped with tinted windows, sun screening
    19         devices or other materials for a physical condition that
    20         makes it necessary to equip the motor vehicle with sun
    21         screening material which would be of a light
    22         transmittance or luminous reflectance in violation of
    23         this section.
    24                 (A)  A certificate of exemption for medical
    25             reasons shall be issued only if the owner or
    26             registrant of the vehicle, or a person residing in
    27             the household of the owner or registrant who
    28             regularly drives or is driven in the vehicle, suffers
    29             from a physical condition determined by the
    30             department, in consultation with the Medical Advisory
    19940H2919B3923                  - 2 -

     1             Board, to justify the exemption.
     2                 (B)  Any person requesting an exemption for
     3             medical reasons shall have his physical condition
     4             certified to the department by a licensed physician
     5             or optometrist.
     6         (4)  A certificate of exemption issued under this
     7     subsection shall be carried in the vehicle and displayed on
     8     request of a police officer.
     9         (5)  Upon the sale or transfer of the vehicle to any
    10     person who does not qualify under paragraph (2)(ii), the
    11     exemption shall be null and void. Prior to the sale or
    12     transfer of an exempt vehicle, it shall be the sole
    13     responsibility of the owner or seller of a formerly exempt
    14     vehicle to remove all sun screening or other materials from
    15     the vehicle. At the time of the sale or transfer of a
    16     formerly exempt vehicle, the owner shall remove and destroy
    17     the certificate of exemption for physical reasons and provide
    18     the purchaser with a notarized statement setting forth the
    19     name and address of the owner or seller, the vehicle
    20     identification number, year and model, and the business
    21     entity and process used to remove the sun screening or other
    22     material.
    23         (6)  The department shall regulate the allowable degree
    24     of tinting of windows and shall approve devices which police
    25     officers may use to measure the degree of tinting of windows
    26     for the purpose of enforcing compliance with this section.
    27     Section 2.  This act shall take effect in 60 days.


    E19L75RZ/19940H2919B3923         - 3 -