Bill Text: MI HB4343 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; violations; operating or allowing the operation of a motor vehicle with tinted windows; prohibit under certain circumstances and require notification of tinted window upon sale or transfer. Amends sec. 709 of 1949 PA 300 (MCL 257.709).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-19 - Printed Bill Filed 02/19/2009 [HB4343 Detail]

Download: Michigan-2009-HB4343-Introduced.html

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HOUSE BILL No. 4343

 

February 18, 2009, Introduced by Rep. Green and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 709 (MCL 257.709), as amended by 2000 PA 127.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 709. (1) A person shall not drive operate a motor vehicle

 

with any of the following:

 

     (a) A sign, poster, nontransparent material, window

 

application, reflective film, or nonreflective film upon or in the

 

front windshield, the side windows immediately adjacent to the

 

driver or front passenger, or the sidewings adjacent to and forward

 

of the driver or front passenger, except that a tinted film may be

 

used along the top edge of the windshield and the side windows or

 

sidewings immediately adjacent to the driver or front passenger if

 

the material does not extend more than 4 inches from the top of the

 

windshield, or lower than the shade band, whichever is closer to

 

the top of the windshield.

 

     (b) A rear window or side window to the rear of the driver

 

composed of, covered by, or treated with a material that creates a

 

total solar reflectance of 35% or more in the visible light range,

 

including a silver or gold reflective film.

 

     (c) A dangling ornament or other suspended object that

 

obstructs the vision of the driver operator of the vehicle, except

 

as authorized by law.

 

     (2) A person shall not drive operate a motor vehicle if driver

 

visibility through the rear window is obstructed, unless the

 

vehicle is equipped with 2 rearview mirrors, 1 on each side,

 

adjusted so that the operator has a clear view of the highway

 

behind the vehicle.

 

     (3) This section shall does not apply to any of the following:

 

     (a) The use of draperies, louvers, or other special window

 

treatments, except those specifically designated in this section,

 

on the rear window, or a side window to the rear of the driver if

 

the vehicle is equipped with 2 outside rearview mirrors, 1 on each

 

side, adjusted so that the driver operator has a clear view of the

 

highway behind the vehicle.

 

     (b) The use of a nonreflective , smoked or tinted glass,

 

nonreflective film, perforated window screen, or other decorative

 

window application on the rear window or a side window to the rear

 

of the driver operator.

 

     (c) The placement of a necessary certificate or sticker that

 

does not obstruct the driver's operator's clear view of the roadway

 

or an intersecting roadway.

 

     (d) A vehicle registered in another state, territory,

 

commonwealth of the United States, or another country or province.

 

     (e) A special window treatment or application determined

 

necessary by a physician or optometrist , to be necessary for the

 

protection of a person who is light sensitive or photosensitive, if

 

the owner or operator of a motor vehicle has in possession a letter

 

signed by a physician or optometrist, indicating that the special

 

window treatment or application is a medical necessity, and

 

complies with the requirements of subsection (4). However, the

 

special window treatment or application shall not interfere with or

 

obstruct the driver's clear vision of the highway or an

 

intersecting highway.

 

     (f) A person who resides with an owner or operator described

 

in subdivision (e) who is operating the motor vehicle with the

 

permission of that person, or any other person who is operating the

 

motor vehicle while the owner or operator described in subdivision

 

(e) is a passenger in that motor vehicle. A person who operates the

 

motor vehicle in violation of this subdivision is responsible for a

 

civil infraction and may be fined not more than $300.00.

 

     (4) The owner of a motor vehicle that is to be operated under

 

subsection (3)(e) or (f) shall place a sticker obtained from the

 

secretary of state on the rear window of the motor vehicle before

 

operating the motor vehicle under subsection (3)(e) or allowing the

 

motor vehicle to be operated under subsection (3)(e) or (f). An

 

owner who operates a motor vehicle without the required sticker on

 

the rear window or who allows the motor vehicle to be operated

 

without the required sticker on the rear window is responsible for

 

a civil infraction and may be fined not more than $200.00. The fine

 

is in addition to the fine authorized for operating the motor

 

vehicle in violation of subsection (3)(e) or (f). A person who

 

removes a window sticker placed on a motor vehicle under this

 

subsection for purposes of selling or transferring the motor

 

vehicle to another person and who does not modify or replace the

 

windows in order for the motor vehicle to be in compliance with

 

Michigan law before the motor vehicle is sold or transferred is

 

responsible for a civil infraction and may be fined not more than

 

$200.00.

 

     (5) The secretary of state shall issue a window sticker to an

 

owner of a motor vehicle to be operated under subsection (3)(e) or

 

(f) who properly applies for the sticker only if the secretary of

 

state is provided with proof satisfactory to the secretary of state

 

of the medical necessity for the exemption under subsection (3).

 

The secretary of state may charge a fee for the window sticker that

 

does not exceed the actual cost of the sticker. The sticker shall

 

be of a design considered appropriate by the secretary of state and

 

shall contain a warning that the use of the motor vehicle is

 

restricted as provided in this section and that upon sale of the

 

motor vehicle, the windows may have to be modified or replaced in

 

order for the motor vehicle to be operated in compliance with

 

Michigan law.

 

     (6) (4) Except as provided in subsection (5) (7), the

 

windshield on each motor vehicle shall be equipped with a device

 

for cleaning rain, snow, or other moisture from the windshield. ,

 

which The device shall be so constructed as to be controlled or

 

operated by the driver operator of the vehicle. A vehicle licensed

 

as an historical vehicle is exempt from this subsection if the

 

vehicle was not originally equipped with such a device. Each

 

windshield wiper upon a motor vehicle shall be maintained in good

 

working order.

 

     (7) (5) A truck with a gross weight over 10,000 pounds, a

 

truck tractor, a bus, or a truck regardless of weight carrying

 

hazardous materials on which a placard is required to be posted

 

pursuant to under 49 C.F.R. CFR parts 100 to 199 having a

 

windshield shall be equipped with not less than 2 automatically

 

operating windshield wiper blades, 1 on each side of the centerline

 

of the windshield, for cleaning rain, snow, or other moisture from

 

the windshield. The blades shall be in such condition as to provide

 

clear vision for the driver operator, unless 1 blade is so arranged

 

as to clean an area of the windshield extending to within 1 inch of

 

the limit of vision through the windshield at each side. However,

 

in driveaway-towaway operations, this subsection shall apply

 

applies only to the driven operated vehicle. In addition, 1

 

windshield wiper blade suffices under this subsection when the

 

driven operated vehicle in a driveaway-towaway operation

 

constitutes part or all of the property being transported and has

 

no provision for 2 blades. A truck and truck tractor , manufactured

 

after June 30, 1953 , that depends upon vacuum to operate the

 

windshield wipers , shall be so constructed that the operation of

 

the wipers is not materially impaired by change in the intake

 

manifold pressure.

 

     (8) (6) A truck with a gross weight over 10,000 pounds, a

 

truck tractor, a bus, or a truck regardless of weight carrying

 

hazardous materials on which a placard is required to be posted

 

pursuant to under 49 C.F.R. CFR parts 100 to 199 shall not be

 

operated on the highways at any time unless it is equipped with a

 

hot air windshield defroster or an electrically heated windshield

 

or other device to heat and maintain the windshield in operable

 

condition at all times.

 

     (9) (7) As used in this section:

 

     (a) "Physician" means that term as defined in section 17001 or

 

17501 of the public health code, 1978 PA 368, MCL 333.17001 and

 

333.17501.

 

     (b) "Optometrist" means that term as defined in section 17401

 

of the public health code, 1978 PA 368, MCL 333.17401.