AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for windshield obstructions and
3wipers.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 4524(e) of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 4524. Windshield obstructions and wipers.

9* * *

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

11(1) No person shall drive any motor vehicle with any sun
12screening device or other material which does not permit a
13person to see or view the inside of the vehicle through the
14windshield, 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
17of the type and specification that were installed by the
18manufacturer of the vehicle or to any hearse, ambulance,

1government vehicle or any other vehicle for which a
2currently valid certificate of exemption has been issued
3in accordance with regulations adopted by the department.

4(ii) A vehicle which is equipped with tinted
5windows, sun screening devices or other materials which
6comply with all applicable Federal regulations and for
7which a currently valid certificate of exemption for
8medical reasons has been issued in accordance with
9regulations adopted by the department.

10(3) A certificate of exemption shall be issued by the
11department for a vehicle which is:

12(i) Registered in this Commonwealth on the effective
13date of this subsection and is equipped with a sun
14screening device or other material prohibited under
15paragraph (1) on the effective date.

16(ii) Equipped with tinted windows, sun screening
17devices or other materials for a physical condition that
18makes it necessary to equip the motor vehicle with sun
19screening material which would be of a light
20transmittance or luminous reflectance in violation of
21this section.

22(A) A certificate of exemption for medical
23reasons shall be issued only if the owner or
24registrant of the vehicle, or a person residing in
25the household of the owner or registrant who
26regularly drives or is driven in the vehicle, suffers
27from a physical condition determined by the
28department, in consultation with the Medical Advisory
29Board, to justify the exemption.

30(B) Any person requesting an exemption for

1medical reasons shall have his physical condition
2certified to the department by a licensed physician
3or optometrist.

4(4) A certificate of exemption issued under this
5subsection shall be carried in the vehicle and displayed on
6request of a police officer.

7(5) Upon the sale or transfer of the vehicle to any
8person who does not qualify under paragraph (2)(ii), the
9exemption shall be null and void. Prior to the sale or
10transfer of an exempt vehicle, it shall be the sole
11responsibility of the owner or seller of a formerly exempt
12vehicle to remove all sun screening or other materials from
13the vehicle. At the time of the sale or transfer of a
14formerly exempt vehicle, the owner shall remove and destroy
15the certificate of exemption for physical reasons and provide
16the purchaser with a notarized statement setting forth the
17name and address of the owner or seller, the vehicle
18identification number, year and model, and the business
19entity and process used to remove the sun screening or other
20material.

21(6) Prior to the sale or transfer of any nonexempt
22vehicle, the seller shall remove or have removed any sun
23screening or other materials prohibited under paragraph (1).
24This requirement shall not apply to vehicles exempt under
25paragraph (2)(i).

26(7) A retail automotive dealer operating within this
27Commonwealth shall ensure that any nonexempt vehicle complies
28with paragraph (1) prior to the sale or transfer of the
29vehicle. Failure to comply with this provision shall result
30in the dealer's being liable for any fines and penalties

1incurred by the purchaser or transferee relating to
2violations of paragraph (1). A dealer shall not be liable for
3any of the following:

4(i) Fines and penalties incurred after the vehicle
5undergoes a State safety inspection subsequent to the
6purchase of the vehicle.

7(ii) Fines and penalties incurred after 12 months
8from the sale of the vehicle.

9(8) Pursuant to section 4702 (related to requirements
10for periodic inspection of vehicles), the department shall
11promulgate safety inspection requirements for the enforcement
12of paragraph (1), providing that any nonexempt vehicle found
13to be in violation of paragraph (1) may not pass the State
14safety inspection until the vehicle is brought into
15compliance with paragraph (1).

16* * *

17Section 2. This act shall take effect in 60 days.