House File 95 - Introduced HOUSE FILE 95 BY KRESSIG A BILL FOR An Act relating to exemptions from motor vehicle window 1 transparency requirements, and making a penalty applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1112YH (3) 85 dea/nh

H.F. 95 Section 1. Section 321.438, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. a. A Except as provided in paragraph “b” , a person 3 shall not operate on the highway a motor vehicle equipped with 4 a front windshield, a side window to the immediate right or 5 left of the driver, or a side-wing sidewing forward of and 6 to the left or right of the driver which is excessively dark 7 or reflective so that it is difficult for a person outside 8 the motor vehicle to see into the motor vehicle through 9 the windshield, window, or sidewing. The department shall 10 adopt rules establishing a minimum measurable standard of 11 transparency which shall apply to violations of this subsection 12 paragraph . 13 b. (1) A person who suffers from a medical condition 14 causing a severe sensitivity to light may apply to the 15 department for an exemption from the minimum measurable 16 standard of transparency established pursuant to paragraph 17 “a” for a vehicle other than a commercial motor vehicle. The 18 application shall be on a form provided by the department and 19 shall include a signed statement from a physician licensed 20 under chapter 148, 151, or 154 describing the nature of the 21 applicant’s medical condition and the extent of the applicant’s 22 light sensitivity. If the exemption is granted, the approved 23 application shall be carried at all times in the vehicle to 24 which it applies, whether or not the person qualifying for the 25 exemption is the driver of or a passenger in the vehicle at the 26 time, and shall be available to any peace officer upon request. 27 (2) The department shall adopt rules to implement this 28 lettered paragraph “b” , including but not limited to rules 29 establishing a minimum standard of transparency of not less 30 than thirty-five percent light transmittance for vehicles which 31 are exempt under this lettered paragraph “b” , providing for the 32 duration of an exemption, and providing for the termination or 33 transfer of an exemption upon transfer of ownership of a motor 34 vehicle. 35 -1- LSB 1112YH (3) 85 dea/nh 1/ 2

H.F. 95 EXPLANATION 1 This bill concerns an exemption from motor vehicle window 2 transparency standards for certain light-sensitive persons. 3 Under current law, the front windshield, side windows, and 4 any sidewings to the right and left of the driver must not 5 be excessively dark or reflective so that it is difficult 6 for a person to see into the motor vehicle from the outside. 7 Pursuant to administrative rules, “excessively dark or 8 reflective” means that the window does not meet a minimum 9 standard of transparency of 70 percent light transmittance. 10 In the past, a person with a severe light-sensitive condition 11 could apply to the department of transportation for an 12 exemption from the minimum standard of transparency if the need 13 was documented by a physician. However, recent amendments to 14 administrative rules provide that effective July 4, 2012, new 15 exemptions shall not be granted and any prior exemption will 16 expire when the vehicle to which the exemption applies is no 17 longer used for the transport of the passenger or driver who is 18 the subject of the exemption. 19 The bill restores the ability of a person who suffers from 20 a medical condition causing a severe sensitivity to light to 21 apply for an exemption from the minimum measurable standard 22 of transparency. The person applying for the exemption 23 must submit a signed statement from a physician, on a form 24 provided by the department, describing the applicant’s medical 25 condition and light sensitivity. The approved application 26 must be carried in the exempt motor vehicle at all times. The 27 department is required to adopt rules concerning the minimum 28 standard of transparency for exempt vehicles, the duration of 29 an exemption, and requirements for the termination or transfer 30 of an exemption upon transfer of ownership of a motor vehicle. 31 Pursuant to current law, a violation of motor vehicle window 32 transparency requirements is a simple misdemeanor punishable by 33 a scheduled fine of $50. 34 -2- LSB 1112YH (3) 85 dea/nh 2/ 2