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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. SMITH, BRENNAN, CALTAGIRONE, HARHAI, HENNESSEY, HESS, KORTZ, MAHONEY, PHILLIPS, QUINN, ROHRER, SIPTROTH, VULAKOVICH, WALKO AND YOUNGBLOOD, MARCH 12, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 12, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for prohibitions relating to sun |
3 | screening and other materials. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 4524(e) of Title 75 of the Pennsylvania |
7 | Consolidated 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 |
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 |
17 | of the type and specification that were installed by the |
18 | manufacturer of the vehicle or to any hearse, ambulance, |
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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. The following apply: |
22 | (A) [A] (I) Except as set forth in subclause |
23 | (II), a certificate of exemption for medical |
24 | reasons shall be issued only if the owner or |
25 | registrant of the vehicle, or a person residing |
26 | in the household of the owner or registrant who |
27 | regularly drives or is driven in the vehicle, |
28 | suffers from a physical condition determined by |
29 | the department, in consultation with the Medical |
30 | Advisory Board, to justify the exemption. |
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1 | (II) If the person suffers from the physical |
2 | condition oculocutaneous albinism, the department |
3 | shall issue a certificate of exemption due to |
4 | medical reasons, provided the condition is |
5 | certified in accordance with clause (B). An |
6 | exemption under this subclause shall permit the |
7 | use of a sun screening device of a nonreflective |
8 | type with reflectivity of not more than 15% used |
9 | in conjunction with the automotive safety glazing |
10 | materials on the front side wings and side |
11 | windows adjacent to the right and left of the |
12 | driver. |
13 | (B) Any person requesting an exemption for |
14 | medical reasons shall have his physical condition |
15 | certified to the department by a licensed physician |
16 | or optometrist. |
17 | (4) A certificate of exemption issued under this |
18 | subsection shall be carried in the vehicle and displayed on |
19 | request of a police officer. |
20 | (5) Upon the sale or transfer of the vehicle to any |
21 | person who does not qualify under paragraph (2)(ii), the |
22 | exemption shall be null and void. Prior to the sale or |
23 | transfer of an exempt vehicle, it shall be the sole |
24 | responsibility of the owner or seller of a formerly exempt |
25 | vehicle to remove all sun screening or other materials from |
26 | the vehicle. At the time of the sale or transfer of a |
27 | formerly exempt vehicle, the owner shall remove and destroy |
28 | the certificate of exemption for physical reasons and provide |
29 | the purchaser with a notarized statement setting forth the |
30 | name and address of the owner or seller, the vehicle |
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1 | identification number, year and model, and the business |
2 | entity and process used to remove the sun screening or other |
3 | material. |
4 | * * * |
5 | Section 2. This act shall take effect in 60 days. |
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