2018 -- H 7972

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LC005212

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- NONTRANSPARENT WINDSHIELDS

AND WINDOWS

     

     Introduced By: Representatives Ucci, Winfield, O'Brien, and McEntee

     Date Introduced: March 16, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-23.3-2, 31-23.3-3, 31-23.3-4 and 31-23.3-5 of the General

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Laws in Chapter 31-23.3 entitled "Nontransparent Windshields and Windows" are hereby

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amended to read as follows:

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     31-23.3-2. Windshields and windows obscured by nontransparent materials.

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     No person shall own and operate any motor vehicle upon any public highway, road or

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street with nontransparent or sunscreen material, window application, reflective film or non-

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reflective film used in any way to cover or treat the front windshield, the side windows

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immediately adjacent to the right and left of the operator's seat, the side windows immediately to

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the rear of the operator's seat and the front passenger seat and the rear window unless this vehicle

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meets one of the criteria set forth in § 31-23.3-3. to which the public shall have the right of access

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with any of the following affixed thereto:

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     (1) A sign, poster or sticker on the front windshield, the side windows immediately

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adjacent to the operator's seat and the front passenger seat, the side windows immediately to the

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rear of the operator's seat and the front passenger seat and the rear window in such a manner so as

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to obstruct, impede or distort the vision of the operator.

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     (2) Nontransparent or sunscreen material, window application, reflective film or

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nonreflective film used in any way to cover or treat the front windshield, the side windows

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immediately adjacent to the right and left of the operator's seat, the side windows immediately to

 

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the rear of the operator's seat and the front passenger seat and the rear window, so as to make

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such windshield and said window glass areas in any way nontransparent or obscured from either

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the interior or exterior thereof.

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     31-23.3-3. Rules and regulations authorized -- Administrator of the division of

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motor vehicles.

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     (a) The administrator of the division of motor vehicles shall establish rules and

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regulations to provide standards and tests to measure the percentage of reflective and

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transmittance of light. , and shall provide for testing of any motor vehicle glazing alleged to be in

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violation of § 31-23.3-2. A statement from the division of motor vehicles attesting that such

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glazing treated or covered with nontransparent or sunscreen material window application or

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reflective film is in compliance with the provisions of this section shall be prima facie evidence of

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such compliance in any prosecution thereof.

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     (b) Any person, firm, corporation, or other entity installing such a sunscreen device on a

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motor vehicle shall provide and affix a label to the front window not to exceed one and one-half

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(1 1/2) square inches in size, which contains the installer's name and the percentage of light

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transmittance. Facing the motor vehicle from the outside, the label shall be placed in the lower

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left corner of the front window.

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     (c) No person shall manufacture, sell, offer for sale or trade, equip or operate a motor

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vehicle in the state of Rhode Island in violation of the provisions of this chapter; provided,

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however, that nothing in this chapter shall be construed to prohibit the manufacture or sale of

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reflective or nonreflective film in the state of Rhode Island.

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     31-23.3-4. Exemptions.

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     The provisions of this chapter shall not apply to:

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     (1) Motor vehicles manufactured with windshields and window glass areas equipped in

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accordance with specifications of 49 CFR 571.205 as authorized by 15 U.S.C. § 1407.

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     (2) Motor vehicles owned or leased by federal, state and local law enforcement agencies,

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private detectives or private security guards licensed under the provisions of chapters 5 and 5.1 of

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title 5 and special police agencies appointed under the provisions of chapter 2.1 of title 12,

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utilizing K-9 teams in a motor vehicle while in the regular performance of their duties provided

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said motor vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that the

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driver has a clear view of the highway behind the vehicle.

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     (3) The use of nontransparent or sunscreen material or window application on motor

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vehicles which has a total visible light transmittance reflectance of not less than seventy percent

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(70%) measured perpendicular to the surface of the glass on the windshield and more than thirty-

 

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five percent (35%) or a visible light transmittance of not less than thirty-five (35%) on the side

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windows immediately adjacent to the right and left of the operator's seat, the side windows

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immediately to the rear of the operator's seat and the front passenger seat or on the rear window if

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the vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that the driver

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has a clear view of the highway behind the vehicle.

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     (4) The use of any transparent material limited to the uppermost six inches (6") along the

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top of the windshield, provided the strip does not encroach upon the driver's direct forward

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viewing area as more particularly described and defined in applicable Federal Motor Vehicle

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Safety Standards.

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     (5) Motor vehicles not required to be registered in this state.

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     (6) The use of nontransparent or sunscreen material on windows behind the driver in

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trucks, buses, trailers, mobile homes, campers, multipurpose vehicles, charter buses, funeral

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service vehicles, or limousines, provided that the vehicle is equipped with two (2) outside

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mirrors, one on each side, if those mirrors meet federal standards adjusted so the driver has a

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clear view of the highway behind the vehicle.

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     (7) A motor vehicle registered in this state in the name of a person, or the person's legal

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guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this

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state that states that the person has a physical condition that makes it necessary to equip the motor

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vehicle with a sunscreening device which may exceed federal standards. The division of motor

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vehicles, upon application of the individual, which shall include the affidavit, shall issue a sticker

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to be applied to the driver's side window to identify this exemption.

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     (8) Any motor vehicle, registered and garaged within this state, whose sole purpose is to

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provide executive security to persons within this state. The owner(s) of the vehicle shall first seek

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and obtain written permission from the local police chief where the vehicle is garaged and

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registered before the waiver is granted.

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     (9) The use of nontransparent or sunscreen material, window applications, reflective film

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or nonreflective film used in any way to cover or treat the side windows immediately to the rear

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of the operator's seat and the front passenger seat and the rear window so as to make such

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window glass areas in any way nontransparent or obscured from either the interior or exterior

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thereof of a private passenger motor vehicle registered under the provisions of this chapter for

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public livery and hired for that purpose for any period of time which exclusion shall not include a

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taxicab.

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     (10) Special window treatment or application determined necessary by a licensed

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physician, for the protection of the owner or operator of a private passenger motor vehicle who is

 

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determined to be light or photosensitive. Applications for such exemption based upon such

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medical reason(s) shall be made in writing to the medical advisory board established under § 31-

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10-44. All applications must be supported by a written attestation by a physician licensed to

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practice in the state of Rhode Island of the necessity thereof. Upon granting of such exemption by

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the board, the department of motor vehicles shall issue a sufficiently noticeable sticker to the

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applicant which shall be affixed to the side window immediately adjacent to the operator. The

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department of motor vehicles shall keep a record of all such exemption stickers so issued.

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     (11) The use of draperies, louvers, or other special window treatments, except those

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specifically designated in this section, on the rear window, or a side window to the rear of the

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driver if the vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that

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the driver has a clear view of the highway behind the vehicle.

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     31-23.3-5. Penalties.

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     (a) Any person, firm, corporation, or other business entity that installs any sunscreening

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material which is not in compliance with the provisions of this chapter shall be fined not more

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than two hundred fifty dollars ($250) for each offense.

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     (b) Any person who owns a motor vehicle which has installed on it any sunscreening

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device or material in violation of this chapter shall be fined not more than two hundred fifty

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dollars ($250).

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     (c) Upon a third or subsequent conviction of a violation of the provisions of this chapter,

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the department of motor vehicles shall suspend the operator's license of a person so convicted for

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a period not to exceed ninety (90) days.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- NONTRANSPARENT WINDSHIELDS

AND WINDOWS

***

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     This act would mirror the Massachusetts general law relating to windshields and

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windows obscured by nontransparent materials to include signs, posters or stickers, in addition to

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window tint. Provides for additional exclusions to include exemptions for medical reasons such

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as light or photosensitivity; private passenger motor vehicles registered for public livery,

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excluding taxicabs; and motor vehicles utilized by private detectives, private security guards and

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special police agencies. Increases the penalty provisions to provide for the suspension of

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operator's license, not to exceed ninety (90) days, for third or subsequent convictions.

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     This act would take effect upon passage.

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