SF 2015 (LSB 5037XS (5) 83)

SENATE FILE 2015

BY  SCHOENJAHN

A BILL FOR

An Act relating to motor vehicle window transparency requirements, providing for a motor vehicle decal for persons who qualify for an exemption, providing a fee, and making a penalty applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.438, subsection 2, Code 2009, is amended to read as follows:
   2.  A person shall not operate on the highway a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver, or a side-wing forward of and to the left or right of the driver which is excessively dark or reflective so that it is difficult for a person outside the motor vehicle to see into the motor vehicle through the windshield, window, or sidewing. The department shall adopt rules establishing a minimum measurable standard of transparency which shall apply to violations of this subsection.
   a.  A person suffering from a severe sensitivity to light may apply to the department for an exemption from the minimum measurable standard of transparency established pursuant to this subsection for one motor vehicle other than a commercial motor vehicle. The application shall be on a form prescribed by the department and shall be accompanied by a statement from a physician licensed under chapter 148, 151, or 154 documenting the need for the exemption. A person granted an exemption by the department shall do one of the following:
   (1)  Obtain a form provided by the department, to be signed by the person’s physician attesting to the person’s light sensitivity. The form shall be carried at all times in the vehicle to which the exemption applies, whether or not the person qualifying for the exemption is the driver or a passenger in the vehicle at the time, and shall be available to any peace officer upon the officer’s request.
   (2)  Display, on the vehicle to which the exemption applies, a decal issued by the department signifying that the vehicle’s front windshield, side windows to the immediate right and left of the driver, and side-wings forward of and to the right and left of the driver, as applicable, meet the minimum standard of transparency for exempt vehicles, as established by the department by rule. An applicant for a decal shall provide evidence to the department that the vehicle to which the exemption applies has passed a tint meter test acceptable to the department and administered by a certified peace officer. The department may charge a fee for exemption decals to cover the necessary costs of issuing the decals.
   b.  The department shall adopt rules to implement this subsection, including but not limited to rules establishing a minimum standard of transparency of not less than thirty-five percent light transmittance for vehicles which are exempt under paragraph “a”, providing for the duration of an exemption, prescribing requirements for the display of exemption decals, and providing for the disposition of an exemption decal upon transfer of ownership of a motor vehicle.
EXPLANATION
   This bill concerns the exemption from motor vehicle window transparency standards that is available for certain light-sensitive persons.
   Under current law, the front windshield, side windows, and any side-wings to the right and left of the driver must not be excessively dark or reflective so that it is difficult for a person outside the motor vehicle to see into the motor vehicle. Pursuant to administrative rules, “excessively dark or reflective” means that the window does not meet a minimum standard of transparency of 70 percent light transmittance. A person suffering from a severe light-sensitive condition may be exempted from the standard by the department of transportation if the need is documented by a physician. Currently, a person who requires windows with less than 70 percent but not less than 35 percent transparency can obtain a form from the department, to be signed by the person’s physician, which must be carried in the exempt motor vehicle at all times. The bill specifies that an exemption applies to only one motor vehicle, and cannot apply to a commercial vehicle.
   The bill retains the current exemption process, but also creates a second option for a person with light sensitivity who qualifies for an exemption from the 70 percent transparency standard. Rather than carry a form inside the vehicle, the person can obtain a decal from the department to be displayed on the vehicle in a manner to be prescribed by rule. The applicant for an exemption decal must provide evidence that the vehicle to which the exemption applies has undergone a tint meter test administered by a certified peace officer, establishing that the vehicle’s windshield, front windows, and front side-wings permit at least 35 percent light transmittance. The department is authorized to charge a fee for exemption decals to cover the costs of issuing the decals.
   The bill requires the department to adopt rules concerning the minimum standard of transparency for exempt vehicles, the duration of an exemption, and requirements for the display of exemption decals and the disposition of decals upon transfer of ownership of an exempt vehicle.
   The existing penalty for a violation of motor vehicle window transparency applies to the new exemption decal provisions under the bill. A violation is a simple misdemeanor punishable by a scheduled fine of $15.