HOUSE BILL No. 5598


     April 13, 2000, Introduced by Rep. Rick Johnson 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 1988

   PA 470.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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      any of the following:

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

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      tion, reflective film, or nonreflective film upon or in the front

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      windshield, the side windows immediately adjacent to the driver

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

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

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

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      sidewings immediately adjacent to the driver or front passenger

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


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      of the windshield, or lower than the shade band, whichever is

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      closer to the top of the windshield.

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

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

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

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      range, including a silver or gold reflective film.

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           (c) A dangling ornament or other suspended object THAT

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      OBSTRUCTS THE VISION OF THE DRIVER OF THE VEHICLE, except as

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      authorized by law.  which obstructs the vision of the driver of

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      the vehicle. 

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

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      bility through the rear window is obstructed, unless the vehicle

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      is equipped with 2 rearview mirrors, 1 on each side, adjusted so

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      that the operator has a clear view of the highway behind the

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      vehicle.

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           (3) This section shall not apply to:

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

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      treatments, except those specifically designated in this section,

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

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

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

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      highway behind the vehicle.

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

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      reflective film, perforated window screen, or other decorative

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

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      rear of the driver.





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

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      does not obstruct the driver's clear view of the roadway or an

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      intersecting roadway.

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

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

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           (e) A special window treatment or application determined

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      necessary by a physician or optometrist, for the protection of a

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      person who is light SENSITIVE or photosensitive, if the owner or

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      operator of a motor vehicle has in possession a letter signed by

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      a physician or optometrist, indicating  the need for  THAT the

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      special window treatment or application  as  IS a medical

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      necessity.  However, the special window treatment or application

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      shall not interfere with or obstruct the driver's clear vision of

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      the highway or an intersecting highway.

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           (4) Except as provided in subsection (5), the windshield on

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      each motor vehicle shall be equipped with a device for cleaning

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      rain, snow, or other moisture from the windshield, which device

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      shall be so constructed as to be controlled or operated by the

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      driver of the vehicle.  A vehicle licensed as an historical vehi-

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      cle is exempt from this subsection if the vehicle was not origi-

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      nally equipped with such a device.  Each windshield wiper upon a

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      motor vehicle shall be maintained in good working order.

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

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      tractor, A bus, or a truck regardless of weight carrying hazard-

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      ous materials on which a placard is required to be posted pursu-

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      ant to 49 C.F.R.  171  parts 100 to 199 having a windshield

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      shall be equipped with not less than 2 automatically operating



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

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

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

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

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

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

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      driveaway-towaway operations, this subsection shall apply only to

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      the driven vehicle.  In addition, 1 windshield wiper blade suf-

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      fices under this subsection when the driven vehicle in a

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      driveaway-towaway operation constitutes part or all of the prop-

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      erty being transported and has no provision for 2 blades.  A

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      truck and truck tractor, manufactured after June 30, 1953, that

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      depends upon vacuum to operate the windshield wipers, shall be so

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      constructed that the operation of the wipers is not materially

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      impaired by change in the intake manifold pressure.

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

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      tractor, A bus, or a truck regardless of weight carrying hazard-

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      ous materials on which a placard is required to be  posed  POSTED

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      pursuant to 49 C.F.R.  171  parts 100 to 199 shall not be oper-

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

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      air windshield defroster or an electrically heated windshield or

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      other  scientific method that is devised so long as the wind-

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      shield is heated and maintained  DEVICE TO HEAT AND MAINTAIN THE

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      WINDSHIELD in operable condition at all times.

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            (7) A licensed motor vehicle which is manufactured after

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      January 1, 1956, shall not be operated on the highways unless it

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      is equipped with a windshield washer maintained in operable



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      condition at all times and capable of cleaning the windshield so

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      as to leave the driver with a clear view of the highway or an

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      intersecting highway. 

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           (7)  (8)  As used in this section:

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           (a) "Physician" means  a person licensed by the state to

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      engage in the practice of medicine or the practice of osteopathic

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      medicine and surgery under article 15 of the public health code,

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      Act No. 368 of the Public Acts of 1978, being sections 333.16101

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      to 333.18838 of the Michigan Compiled Laws  THAT TERM AS DEFINED

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      IN SECTION 17001 OR 17501 OF THE PUBLIC HEALTH CODE, 1978 PA 368,

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      MCL 333.17001 AND 333.17501.

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           (b) "Optometrist" means  a person licensed by the state to

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      engage in the practice of optometry under article 15 of the

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      public health code, Act No. 368 of the Public Acts of 1978  THAT

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      TERM AS DEFINED IN SECTION 17401 OF THE PUBLIC HEALTH CODE, 1978

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      PA 368, MCL 333.17401.

























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