H. B. 2705


(By Delegate Beane)
[Introduced February 24, 1995; referred to the
Committee on Roads and Transportation.]




A BILL to amend and reenact section thirty-six, article fifteen,
chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting automobile drivers from obstructing the view in the windshield, side or rear windows.

Be it enacted by the Legislature of West Virginia:
That section thirty-six, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-36. Windshields must be unobstructed and equipped with
wipers.

(a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway below the ASI line or five inches from the top of the windshield, whichever is closer to the top of the windshield.
(b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be maintained in good working order.






NOTE: The purpose of the bill is to add language to the law that makes the standard for determining whether a driver is in compliance with the requirement that the windshield or other windows in an automobile are not obstructed by foreign material an objective one as opposed to the current subjective standard.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.