SSB 3132 (LSB 6877XC (3) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON ZUMBACH)

A BILL FOR

An Act relating to motor vehicles equipped with an excessively dark or reflective front windshield, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.438, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  a.  If a person operates on the highway a motor vehicle equipped with a front windshield that meets a minimum standard of transparency of less than fifty percent light transmittance, a peace officer shall issue a citation for a violation of subsection 2 and impound the motor vehicle. In lieu of the officer impounding the motor vehicle, the person may instead do any of the following:
   (1)  Immediately remove or modify the material that was applied to the windshield until the windshield meets a minimum standard of transparency of at least seventy percent light transmittance.
   (2)  Remove the motor vehicle from the highway without unreasonable delay by towing the vehicle or by having the vehicle towed.
   b.  A person shall not operate on the highway a vehicle that is impounded or towed pursuant to this subsection until the vehicle’s front windshield meets a minimum standard of transparency of at least seventy percent light transmittance.
   c.  Paragraph “a” does not apply to a person who operates a motor vehicle owned or leased by a federal, state, or local law enforcement agency if the operation is part of the person’s official duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person is prohibited from operating a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver, or a sidewing 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 window. Under rules adopted by the department of transportation (DOT) (761 IAC 450.5), “excessively dark or reflective” means the window does not meet a minimum standard of transparency of 70 percent light transmittance. However, the requirement does not apply to a person who operates a motor vehicle owned or leased by a federal, state, or local law enforcement agency if the operation is part of the person’s official duties.
   This bill requires a peace officer to issue a citation and impound a motor vehicle equipped with a front windshield that meets a minimum standard of transparency of less than 50 percent light transmittance. However, in lieu of the officer impounding the motor vehicle, a person may instead immediately remove or modify the material that was applied to the windshield until the windshield meets a minimum standard of transparency of at least 70 percent light transmittance or remove the motor vehicle from the highway without unreasonable delay by towing the vehicle or by having the vehicle towed. The bill prohibits a person from operating a motor vehicle that is impounded or towed pursuant to the bill until the windshield meets a minimum standard of transparency of at least 70 percent light transmittance.
   The bill does not apply to a person who operates a motor vehicle owned or leased by a federal, state, or local law enforcement agency if the operation is part of the person’s official duties.
   A violation of Code section 321.438 is punishable by a scheduled fine of $70.