Pennsylvania Act 1990-137 — VEHICLE CODE (75 PA.C.S.) - AMEND WINDSHIELD OBSTRUCTION

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND WINDSHIELD OBSTRUCTION
                 Act of Nov. 21, 1990, P.L. 556, No. 137              Cl. 75
                             Session of 1990
                               No. 1990-137

                                  AN ACT

     HB 240

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

        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.
        * * *
        (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 [any]:
                (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 [to] for which a
            currently valid certificate of exemption [is affixed as
            specified by regulation] 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 [registered]:
                (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.
                    (A)  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.
                    (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.
        Section 2.  This act shall take effect in 180 days.

     APPROVED--The 21st day of November, A. D. 1990.

     ROBERT P. CASEY