September 29, 2005, Introduced by Senators CHERRY, HARDIMAN, GOSCHKA, JELINEK and BRATER 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 2000 PA 127.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 709. (1) A person shall not drive a motor vehicle with
any of the following:
(a) A sign, poster, nontransparent material, window
application, reflective film, or nonreflective film upon or in the
front windshield, the side windows immediately adjacent to the
driver or front passenger, or the sidewings adjacent to and forward
of the driver or front passenger, except that a tinted film may be
used along the top edge of the windshield and the side windows or
sidewings immediately adjacent to the driver or front passenger if
the material does not extend more than 4 inches from the top of the
windshield, or lower than the shade band, whichever is closer to
the top of the windshield.
(b) A rear window or side window to the rear of the driver
composed of, covered by, or treated with a material that creates a
total solar reflectance of 35% or more in the visible light range,
including a silver or gold reflective film.
(c) A dangling ornament or other suspended object that
obstructs the vision of the driver of the vehicle, except as
authorized by law.
(2) Both of the following apply to a person who violates
subsection (1)(a) or (b):
(a) The person is guilty of a misdemeanor punishable by a fine
of not less than $100.00 or more than $500.00 and imprisonment for
not more than 90 days, or both.
(b) The person shall cause the condition of the vehicle that
is in violation of subsection (1)(a) or (b) to conform to the
requirements of subsection (1)(a) and (b) and shall apply to a law
enforcement agency to certify in writing that the vehicle is in
compliance with subsection (1)(a) or (b). A clerk of the district
court shall not accept payment of a fine imposed under this
subsection without first obtaining a copy of the written
certification required under this subsection.
(3) (2)
A person shall not drive a motor
vehicle if driver
visibility through the rear window is obstructed, unless the
vehicle is equipped with 2 rearview mirrors, 1 on each side,
adjusted so that the operator has a clear view of the highway
behind the vehicle.
(4) (3)
This section shall does
not apply to:
(a) The use of draperies, louvers, or other special window
treatments, except those specifically designated in this section,
on the rear window, or a side window to the rear of the driver if
the vehicle is equipped with 2 outside rearview mirrors, 1 on each
side, adjusted so that the driver has a clear view of the highway
behind the vehicle.
(b) The use of a nonreflective, smoked or tinted glass,
nonreflective film, perforated window screen, or other decorative
window application on the rear window or a side window to the rear
of the driver.
(c) The placement of a necessary certificate or sticker that
does not obstruct the driver's clear view of the roadway or an
intersecting roadway.
(d) A vehicle registered in another state, territory,
commonwealth of the United States, or another country or province.
(e) A special window treatment or application determined
necessary by a physician or optometrist, for the protection of a
person who is light sensitive or photosensitive, if the owner or
operator of a motor vehicle has in possession a letter signed by a
physician or optometrist, indicating that the special window
treatment or application is a medical necessity. However, the
special window treatment or application shall not interfere with or
obstruct the driver's clear vision of the highway or an
intersecting highway.
(5) (4)
Except as provided in subsection (5)
(6), the
windshield on each 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. A vehicle licensed as an
historical vehicle is exempt from this subsection if the vehicle
was not originally equipped with such a device. Each windshield
wiper upon a motor vehicle shall be maintained in good working
order.
(6) (5)
A truck with a gross weight over
10,000 pounds, a
truck tractor, a bus, or a truck regardless of weight carrying
hazardous materials on which a placard is required to be posted
pursuant
to 49 C.F.R. CFR parts 100 to 199 having a windshield
shall be equipped with not less than 2 automatically operating
windshield wiper blades, 1 on each side of the centerline of the
windshield, for cleaning rain, snow, or other moisture from the
windshield. The blades shall be in such condition as to provide
clear vision for the driver, unless 1 blade is so arranged as to
clean an area of the windshield extending to within 1 inch of the
limit of vision through the windshield at each side. However, in
driveaway-towaway
operations, this subsection shall apply applies
only to the driven vehicle. In addition, 1 windshield wiper blade
suffices under this subsection when the driven vehicle in a
driveaway-towaway operation constitutes part or all of the property
being transported and has no provision for 2 blades. A truck and
truck tractor, manufactured after June 30, 1953, that depends upon
vacuum to operate the windshield wipers, shall be so constructed
that the operation of the wipers is not materially impaired by
change in the intake manifold pressure.
(7) (6)
A truck with a gross weight over
10,000 pounds, a
truck tractor, a bus, or a truck regardless of weight carrying
hazardous materials on which a placard is required to be posted
pursuant
to 49 C.F.R. CFR parts 100 to 199 shall not be operated
on the highways at any time unless it is equipped with a hot air
windshield defroster or an electrically heated windshield or other
device to heat and maintain the windshield in operable condition at
all times.
(8) (7)
As used in this section:
(a) "Physician" means that term as defined in section 17001 or
17501 of the public health code, 1978 PA 368, MCL 333.17001 and
333.17501.
(b) "Optometrist" means that term as defined in section 17401
of the public health code, 1978 PA 368, MCL 333.17401.