HB-5634, As Passed House, December 20, 2018

HB-5634, As Passed Senate, December 18, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5634

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 709 (MCL 257.709), as amended by 2010 PA 258.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

any of the following:

     (a) 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 below the vehicle manufacturer's AS-1

line or more than 4 6 inches from the top of the windshield, or

lower than the shade band, whichever is closer to farther from 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) An object that obstructs the vision of the driver of the

vehicle, except as authorized by law.

     (2) Except as provided in subsection (3), a person shall not

operate a motor vehicle with a sign, poster, nontransparent

material, window application, reflective film, or nonreflective

film upon or in the side windows immediately adjacent to the driver

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

driver or front passenger.

     (3) A person may operate a motor vehicle with a material that

has a visible light transmittance of 70%, plus or minus 5%, or

more, upon or in the side windows immediately adjacent to the

driver or front passenger or the sidewings adjacent to and forward

of the driver or front passenger.

     (4) A person may operate a motor vehicle with a material that

has a visible light transmittance of 25%, plus or minus 5%, or

more, upon or in a rear window or a side window to the rear of the

driver.

(5) (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.

(6) (3) This section 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 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.

(b) (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.

(c) (d) A vehicle registered in another state, territory,

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

(d) (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 on that motor vehicle 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. This subdivision does not

require that the operator of a motor vehicle equipped with a

special window treatment or application described in this

subdivision be the individual for whom a physician or optometrist

considers the treatment or application medically necessary.

(7) (4) Except as provided in subsection (5), (8), 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.

(8) (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 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 a 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 applies only to the operated 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 so that the operation of

the wipers is not materially impaired by change in the intake

manifold pressure.

(9) (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

under 49 CFR parts 100 to 199 shall not be operated on the highways

of this state 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.

(10) (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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.