H. B. 2032
(By Delegate Manuel)
[Introduced February 12, 1997; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section thirty-six-a, article
fifteen, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to sun screening devices in motor vehicles; criminal
penalties; and prohibiting the tinting of rear windows in
motor vehicles.
Be it enacted by the Legislature of West Virginia:
That section thirty-six-a, 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-15-36a. Sun screening devices; penalties.
(a) No person may operate a motor vehicle that is registered
or required to be registered in the state on any public highway, road or street that has a sun screening device on the windshield,
the front side wings and or side windows adjacent to the right
and left of the driver and or the windows adjacent to the rear
of the driver that do does not meet the requirements of this
section: Provided, That in no case may the rear window have a
sun screening device.
(b) A sun screening device when used in conjunction with the
windshield must be nonreflective and may not be red, yellow or
amber in color. A sun screening device may be used only along
the top of the windshield and may not extend downward beyond the
ASI line or more than five inches from the top of the windshield
whichever is closer to the top of the windshield.
(c) A sun screening device when used in conjunction with the
automotive safety glazing materials of the side wings or side
windows located at the immediate right and left of the driver
shall be a nonreflective type with reflectivity of not more than
twenty percent and have a light transmission of not less than
thirty-five percent. The left and right side windows behind the
driver and the rear most windows may have a sun screening device
that is designed to be used on automotive safety glazing
materials that has a light transmission of not less than
thirty-five percent and a reflectivity of not more than twenty
percent. If a sun screening device is used on glazing behind the driver, one right and one left outside rear view mirror is
required.
(d) Each manufacturer shall:
(1) Certify to the division of public safety and division of
motor vehicles that a sun screening device used by it is in
compliance with the reflectivity and transmittance requirements
of this section;
(2) Provide a label not to exceed one and one-half square
inches in size, with a means for the permanent and legible
installations between the sun screening material and each glazing
surface to which it is applied that contains the manufacturer's
name and its percentage of light transmission; and
(3) Include instructions with the product or material for
proper installation, including the affixing of the label
specified in this section. The labeling or marking must be
placed in the left lower corner of each glazing surface when
facing the vehicle from the outside.
(e) No person may:
(1) Offer for sale or for use any sun screening product or
material for motor vehicle use not in compliance with this
section; or
(2) Install any sun screening product or material on
vehicles intended for use on public roads without permanently
affixing the label specified in this section.
(f) The provisions of this section do not apply to a motor
vehicle registered in this state in the name of a person, or the
person's legal guardian, who has an affidavit signed by a
physician or an optometrist licensed to practice in this state
that states that the person has 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. The affidavit must be
in the possession of the person so afflicted, or the person's
legal guardian, at all times while being transported in the motor
vehicle.
(g) The light transmittance requirement of this section does
not apply to windows behind the driver on trucks, buses,
trailers, mobile homes and multipurpose passenger vehicles.
(h) As used in this section:
(1) "Bus" means a motor vehicle with motive power, except a
trailer, designed for carrying more than ten persons.
(2) "Light transmission" means the ratio of the amount of
total light to pass through a product or material to the amount
of the total light falling on the product or material.
(3) "Luminous
reflectants" means the ratio of the amount of
total light that is reflected outward by the product or material
to the amount of the total light falling on the product or
materials.
(4) "Manufacturer" means any person engaged in the
manufacturing or assembling of sun screening products or
materials designed to be used in conjunction with vehicle glazing
materials for the purpose of reducing the effects of the sun.
(5) "Motor homes" means vehicular units designed to provide
temporary living quarters built into and an integral part of or
permanently attached to a self-propelled motor vehicle chassis.
(6) "Multipurpose passenger vehicle" means a motor vehicle
with motive power, except a trailer, designed to carry ten
persons or less which is constructed either on a truck chassis or
with special features for occasional off-road operation.
(7) "Nonreflective" means a product or material designed to
absorb light rather than to reflect it.
(8) "Passenger car" means a motor vehicle with motive power,
except a multipurpose passenger vehicle, motorcycle or trailer,
designed for carrying ten persons or less.
(9) "Sun screening device" means film material or device
that is designed to be used in conjunction with motor vehicle
safety glazing materials for reducing the effects of the sun.
(10) "Truck" means a motor vehicle with motive power, except
a trailer, designed primarily for the transportation of property
or special purpose equipment.
(i) Any person violating the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, may be
fined not more than two hundred dollars or be imprisoned for not
more than thirty days.
NOTE: The purpose of this bill is to prohibit the tinting
of rear windows in motor vehicles.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.