GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	2 

HOUSE BILL 225
Committee Substitute Favorable 3/3/94

Short Title:  MV Window Glazing.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO BRING THE NORTH CAROLINA STATUTES ON MOTOR VEHICLE WINDOW GLAZING INTO COMPLIANCE WITH FEDERAL LAW AND REGULATIONS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-127 reads as rewritten:
"§ 20-127.  Windshields must be unobstructed.
	(a)	It shall be unlawful for any person to drive any vehicle upon a highway with any sign, poster or other nontransparent material upon the front windshield, side wings, side or rear window of such motor vehicle other than a certificate or other paper required to be so displayed by law, or approved by the Commissioner of Motor Vehicles.
(b)	No motor vehicle which is equipped with a permanent windshield shall be operated upon the highways unless said windshield is equipped with a device for cleaning snow, rain, moisture, or other matters from the windshield directly in front of the operator, which device shall be in good working order and so constructed as to be controlled or operated by the operator of the vehicle. Provided, on any vehicle equipped by its manufacturer with such devices on both the right and left sides of windshield, both such devices shall be in working order. The device required by this subsection shall be of a type approved by the Commissioner.
								(c)	On or after July 1, 1995, no person may operate a motor vehicle that is registered or required to be registered in this State on any public highway, road, or street that has a sunscreen device or tinted film applied or affixed on the windshield, the front side wings, the front side windows adjacent to the right and left of the driver, and windows to the rear of the operator, that do not meet the requirements of this section.  If no after-factory installed sunscreen device or tinting film has been added to the windows as herein described, the provisions of this section regarding light transmittance and reflectivity do not apply.
(d)	A sunscreen device or tinting film may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches, whichever is closer to the top of the windshield.
(e)	Notwithstanding subsection (d) of this section, a sunscreen device or tinting film must be a nonreflective type and may not be red, yellow, or amber in color.
(f)	No sunscreen device or tinting film may be applied or affixed to any window other than the windshield that reduces the total light transmission of such windows to less than thirty-five percent (35%).
(g)	No sunscreen device or tinting film may be applied or affixed to any window of a motor vehicle that has a reflectance of light exceeding twenty percent (20%).
(h)	No motor vehicle inspection certificate shall be issued on or after July 1, 1995, for a motor vehicle that is not in compliance with the requirements of this section.  No inspection sticker shall be issued for a motor vehicle with any after-factory installed sunscreen device or tinting film unless the window bears the installer's sticker as required by subsection (i) of this section.
(i)	No person or firm may apply or affix to the windows of any motor vehicle registered or required to be registered in this State, a sunscreen device or tinting film that is not in compliance with the requirements of this section.  The installer shall affix a sticker between the film and the glass in the lower back corner of each glass that is visible from the outside of the vehicle, no larger than one inch by two inches which certifies compliance with this section and identifies the installer by name and street address.
(j)	The Commissioner shall approve equipment, methods, and procedures for measuring light transmission and reflectance of sunscreen devices and tinting films.  Testimony that any window of a vehicle failed to meet the light transmittance or reflectance requirements of this section using equipment, methods, or procedures approved by the Commissioner shall be prima facie evidence of a violation of this section.  It shall be a defense under subsections (f) or (g) of this section if the operator charged produces a certification issued by a licensed safety equipment inspection station showing that the sunscreen device or tinting film met the requirements of this section when measured using equipment, methods, or procedures approved by the Commissioner.  It shall be a further defense to show that any sign, poster, or other nontransparent material, discoloration, sunscreen device, or tinting film has been removed or modified so that the vehicle is in compliance with this section.
(k)	This section shall not apply to windows behind the driver of excursion passenger vehicles as defined in G.S. 20-4.01(27)a., for-hire passenger vehicles as defined in G.S. 20-4.01(27)b., common carriers of passengers as defined in G.S. 20-4.01(27)c., ambulances as defined in G.S. 20-4.01(27)f., property hauling vehicles as defined in G.S. 20-4.01(31), limousines, motor homes, or law enforcement K-9 vehicles or vehicles registered in another state and in compliance with the standards required in that state.
(l)	A violation of subsections (h) and (i) of this section shall be a misdemeanor punishable as provided in G.S. 20-176(c).  A violation of any other subsection of this section is an infraction.  Any person violating subsections (f) or (g) of this section during the period of October 1, 1994, through December 31, 1994, shall be given a warning of the violation only."
Sec. 2.  G.S. 20-183.3 is amended by adding a new subsection to read:
"( c)	No inspection certificate shall be issued by a safety equipment inspection station on or after July 1, 1995, for a motor vehicle that is not in compliance with G.S. 20-127.  In addition to the items listed in subsection (a) of this section, safety inspection equipment stations shall inspect the windshields, side wings, side or rear windows of all vehicles in accordance with methods and procedures approved by the Commissioner."
Sec. 3.  This act becomes effective October 1, 1994, and shall apply to all vehicles newly registered on or after that date.  Nothing is this act shall affect prosecutions or violations of this section committed on or before the effective date of this act.