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 | |
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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: | |
1 | SECTION 1. Sections 31-23.3-2, 31-23.3-3, 31-23.3-4 and 31-23.3-5 of the General |
2 | Laws in Chapter 31-23.3 entitled "Nontransparent Windshields and Windows" are hereby |
3 | amended to read as follows: |
4 | 31-23.3-2. Windshields and windows obscured by nontransparent materials. |
5 | No person shall own and operate any motor vehicle upon any public highway, road or |
6 | street with nontransparent or sunscreen material, window application, reflective film or non- |
7 | reflective film used in any way to cover or treat the front windshield, the side windows |
8 | immediately adjacent to the right and left of the operator's seat, the side windows immediately to |
9 | the rear of the operator's seat and the front passenger seat and the rear window unless this vehicle |
10 | meets one of the criteria set forth in § 31-23.3-3. to which the public shall have the right of access |
11 | with any of the following affixed thereto: |
12 | (1) A sign, poster or sticker on the front windshield, the side windows immediately |
13 | adjacent to the operator's seat and the front passenger seat, the side windows immediately to the |
14 | rear of the operator's seat and the front passenger seat and the rear window in such a manner so as |
15 | to obstruct, impede or distort the vision of the operator. |
16 | (2) Nontransparent or sunscreen material, window application, reflective film or |
17 | nonreflective film used in any way to cover or treat the front windshield, the side windows |
18 | immediately adjacent to the right and left of the operator's seat, the side windows immediately to |
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1 | the rear of the operator's seat and the front passenger seat and the rear window, so as to make |
2 | such windshield and said window glass areas in any way nontransparent or obscured from either |
3 | the interior or exterior thereof. |
4 | 31-23.3-3. Rules and regulations authorized -- Administrator of the division of |
5 | motor vehicles. |
6 | (a) The administrator of the division of motor vehicles shall establish rules and |
7 | regulations to provide standards and tests to measure the percentage of reflective and |
8 | transmittance of light. , and shall provide for testing of any motor vehicle glazing alleged to be in |
9 | violation of § 31-23.3-2. A statement from the division of motor vehicles attesting that such |
10 | glazing treated or covered with nontransparent or sunscreen material window application or |
11 | reflective film is in compliance with the provisions of this section shall be prima facie evidence of |
12 | such compliance in any prosecution thereof. |
13 | (b) Any person, firm, corporation, or other entity installing such a sunscreen device on a |
14 | motor vehicle shall provide and affix a label to the front window not to exceed one and one-half |
15 | (1 1/2) square inches in size, which contains the installer's name and the percentage of light |
16 | transmittance. Facing the motor vehicle from the outside, the label shall be placed in the lower |
17 | left corner of the front window. |
18 | (c) No person shall manufacture, sell, offer for sale or trade, equip or operate a motor |
19 | vehicle in the state of Rhode Island in violation of the provisions of this chapter; provided, |
20 | however, that nothing in this chapter shall be construed to prohibit the manufacture or sale of |
21 | reflective or nonreflective film in the state of Rhode Island. |
22 | 31-23.3-4. Exemptions. |
23 | The provisions of this chapter shall not apply to: |
24 | (1) Motor vehicles manufactured with windshields and window glass areas equipped in |
25 | accordance with specifications of 49 CFR 571.205 as authorized by 15 U.S.C. § 1407. |
26 | (2) Motor vehicles owned or leased by federal, state and local law enforcement agencies, |
27 | private detectives or private security guards licensed under the provisions of chapters 5 and 5.1 of |
28 | title 5 and special police agencies appointed under the provisions of chapter 2.1 of title 12, |
29 | utilizing K-9 teams in a motor vehicle while in the regular performance of their duties provided |
30 | said motor vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that the |
31 | driver has a clear view of the highway behind the vehicle. |
32 | (3) The use of nontransparent or sunscreen material or window application on motor |
33 | vehicles which has a total visible light transmittance reflectance of not less than seventy percent |
34 | (70%) measured perpendicular to the surface of the glass on the windshield and more than thirty- |
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1 | five percent (35%) or a visible light transmittance of not less than thirty-five (35%) on the side |
2 | windows immediately adjacent to the right and left of the operator's seat, the side windows |
3 | immediately to the rear of the operator's seat and the front passenger seat or on the rear window if |
4 | the vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that the driver |
5 | has a clear view of the highway behind the vehicle. |
6 | (4) The use of any transparent material limited to the uppermost six inches (6") along the |
7 | top of the windshield, provided the strip does not encroach upon the driver's direct forward |
8 | viewing area as more particularly described and defined in applicable Federal Motor Vehicle |
9 | Safety Standards. |
10 | (5) Motor vehicles not required to be registered in this state. |
11 | (6) The use of nontransparent or sunscreen material on windows behind the driver in |
12 | trucks, buses, trailers, mobile homes, campers, multipurpose vehicles, charter buses, funeral |
13 | service vehicles, or limousines, provided that the vehicle is equipped with two (2) outside |
14 | mirrors, one on each side, if those mirrors meet federal standards adjusted so the driver has a |
15 | clear view of the highway behind the vehicle. |
16 | (7) A motor vehicle registered in this state in the name of a person, or the person's legal |
17 | guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this |
18 | state that states that the person has a physical condition that makes it necessary to equip the motor |
19 | vehicle with a sunscreening device which may exceed federal standards. The division of motor |
20 | vehicles, upon application of the individual, which shall include the affidavit, shall issue a sticker |
21 | to be applied to the driver's side window to identify this exemption. |
22 | (8) Any motor vehicle, registered and garaged within this state, whose sole purpose is to |
23 | provide executive security to persons within this state. The owner(s) of the vehicle shall first seek |
24 | and obtain written permission from the local police chief where the vehicle is garaged and |
25 | registered before the waiver is granted. |
26 | (9) The use of nontransparent or sunscreen material, window applications, reflective film |
27 | or nonreflective film used in any way to cover or treat the side windows immediately to the rear |
28 | of the operator's seat and the front passenger seat and the rear window so as to make such |
29 | window glass areas in any way nontransparent or obscured from either the interior or exterior |
30 | thereof of a private passenger motor vehicle registered under the provisions of this chapter for |
31 | public livery and hired for that purpose for any period of time which exclusion shall not include a |
32 | taxicab. |
33 | (10) Special window treatment or application determined necessary by a licensed |
34 | physician, for the protection of the owner or operator of a private passenger motor vehicle who is |
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1 | determined to be light or photosensitive. Applications for such exemption based upon such |
2 | medical reason(s) shall be made in writing to the medical advisory board established under § 31- |
3 | 10-44. All applications must be supported by a written attestation by a physician licensed to |
4 | practice in the state of Rhode Island of the necessity thereof. Upon granting of such exemption by |
5 | the board, the department of motor vehicles shall issue a sufficiently noticeable sticker to the |
6 | applicant which shall be affixed to the side window immediately adjacent to the operator. The |
7 | department of motor vehicles shall keep a record of all such exemption stickers so issued. |
8 | (11) The use of draperies, louvers, or other special window treatments, except those |
9 | specifically designated in this section, on the rear window, or a side window to the rear of the |
10 | driver if the vehicle is equipped with two (2) outside mirrors, one on each side, adjusted so that |
11 | the driver has a clear view of the highway behind the vehicle. |
12 | 31-23.3-5. Penalties. |
13 | (a) Any person, firm, corporation, or other business entity that installs any sunscreening |
14 | material which is not in compliance with the provisions of this chapter shall be fined not more |
15 | than two hundred fifty dollars ($250) for each offense. |
16 | (b) Any person who owns a motor vehicle which has installed on it any sunscreening |
17 | device or material in violation of this chapter shall be fined not more than two hundred fifty |
18 | dollars ($250). |
19 | (c) Upon a third or subsequent conviction of a violation of the provisions of this chapter, |
20 | the department of motor vehicles shall suspend the operator's license of a person so convicted for |
21 | a period not to exceed ninety (90) days. |
22 | SECTION 2. This act shall take effect upon passage. |
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LC005212 | |
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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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1 | This act would mirror the Massachusetts general law relating to windshields and |
2 | windows obscured by nontransparent materials to include signs, posters or stickers, in addition to |
3 | window tint. Provides for additional exclusions to include exemptions for medical reasons such |
4 | as light or photosensitivity; private passenger motor vehicles registered for public livery, |
5 | excluding taxicabs; and motor vehicles utilized by private detectives, private security guards and |
6 | special police agencies. Increases the penalty provisions to provide for the suspension of |
7 | operator's license, not to exceed ninety (90) days, for third or subsequent convictions. |
8 | This act would take effect upon passage. |
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LC005212 | |
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