February 18, 2009, Introduced by Rep. Green 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 operate 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 operator
of the vehicle, except
as authorized by law.
(2)
A person shall not drive operate
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.
(3)
This section shall does not apply to
any of the following:
(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 operator
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 operator.
(c) The placement of a necessary certificate or sticker that
does
not obstruct the driver's operator'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 , to be necessary 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, and
complies with the requirements of subsection (4). 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.
(f) A person who resides with an owner or operator described
in subdivision (e) who is operating the motor vehicle with the
permission of that person, or any other person who is operating the
motor vehicle while the owner or operator described in subdivision
(e) is a passenger in that motor vehicle. A person who operates the
motor vehicle in violation of this subdivision is responsible for a
civil infraction and may be fined not more than $300.00.
(4) The owner of a motor vehicle that is to be operated under
subsection (3)(e) or (f) shall place a sticker obtained from the
secretary of state on the rear window of the motor vehicle before
operating the motor vehicle under subsection (3)(e) or allowing the
motor vehicle to be operated under subsection (3)(e) or (f). An
owner who operates a motor vehicle without the required sticker on
the rear window or who allows the motor vehicle to be operated
without the required sticker on the rear window is responsible for
a civil infraction and may be fined not more than $200.00. The fine
is in addition to the fine authorized for operating the motor
vehicle in violation of subsection (3)(e) or (f). A person who
removes a window sticker placed on a motor vehicle under this
subsection for purposes of selling or transferring the motor
vehicle to another person and who does not modify or replace the
windows in order for the motor vehicle to be in compliance with
Michigan law before the motor vehicle is sold or transferred is
responsible for a civil infraction and may be fined not more than
$200.00.
(5) The secretary of state shall issue a window sticker to an
owner of a motor vehicle to be operated under subsection (3)(e) or
(f) who properly applies for the sticker only if the secretary of
state is provided with proof satisfactory to the secretary of state
of the medical necessity for the exemption under subsection (3).
The secretary of state may charge a fee for the window sticker that
does not exceed the actual cost of the sticker. The sticker shall
be of a design considered appropriate by the secretary of state and
shall contain a warning that the use of the motor vehicle is
restricted as provided in this section and that upon sale of the
motor vehicle, the windows may have to be modified or replaced in
order for the motor vehicle to be operated in compliance with
Michigan law.
(6) (4)
Except as provided in subsection (5)
(7), the
windshield on each motor vehicle shall be equipped with a device
for
cleaning rain, snow, or other moisture from the windshield. ,
which
The device shall be so constructed as to be controlled
or
operated
by the driver operator 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.
(7) (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 under 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 operator, 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 operated vehicle.
In addition, 1
windshield wiper blade suffices under this subsection when the
driven
operated 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.
(8) (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 under 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.
(9) (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.