H. B. 2704
(By Delegate Beane)
[Introduced February 24, 1995; referred to the
Committee on Roads and Transportation then
A BILL to amend and reenact section thirty-six-a, article
fifteen, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to traffic regulations, laws of the road; equipment;
sunscreening devices; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section thirty-six-a, article fifteen, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
ARTICLE 15. EQUIPMENT.
§17C-15-36a. Sunscreening devices; penalties.
(a) No person may operate a motor vehicle that is registered
or required to be registered in the state on any public highway,
road or street that has
a an aftermarket type sunscreening
device, excluding original manufacturer glass that meets federal
safety standards, on the windshield, the front side wings and
side windows adjacent to the right and left of the driver and
windows adjacent to the rear of the driver that do not meet the
requirements of this section.
(b) A sunscreening device when used in conjunction with the
windshield must be nonreflective and may not be red, yellow or
amber in color. A sunscreening device may be used only along the
top of the windshield and may not extend downward beyond the ASI
line or more than five inches from the top of the windshield
whichever is closer to the top of the windshield.
(c) A sunscreening device when used in conjunction with the
automotive safety glazing materials of the side wings or side
windows located at the immediate right and left of the driver
shall be a nonreflective type with reflectivity of not more than twenty percent and have a light transmission of not less than
thirty-five percent. The side windows behind the driver and the
rear most windows may have a sunscreening device that is designed
to be used on automotive safety glazing materials that has a
light transmission of not less than thirty-five percent and a
reflectivity of not more than twenty percent. If a sunscreening
device is used on glazing behind the driver, one right and one
left outside rear view mirror is required.
(d) Each manufacturer shall:
(1) Certify to the division of public safety and division of
motor vehicles that a sunscreening device used by it is in
compliance with the reflectivity and transmittance requirements
of this section;
(2) Provide a label not to exceed one and one-half square
inches in size, with a means for the permanent and legible
installations between the sunscreening material and each glazing
surface to which it is applied that contains the manufacturer's
name and its percentage of light transmission; and
(3) Include instructions with the product or material for
proper installation, including the affixing of the label
specified in this section. The labeling or marking must be
placed in the left lower corner of each glazing surface when
facing the vehicle from the outside.
(e) No person may:
(1) Offer for sale or for use any sunscreening product or
material for motor vehicle use not in compliance with this
(2) Install any sunscreening product or material on vehicles
intended for use on public roads without permanently affixing the
label specified in this section.
(f) The provisions of this section do not apply to a motor
vehicle registered in this state in the name of a person, or the
person's legal guardian, who has an affidavit signed by a
physician or an optometrist licensed to practice in this state
that states that the person has a physical condition that makes
it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous
reflectance in violation of this section. Any affidavit shall
describe the testing used to determine this physical condition
and shall be submitted to the commissioner, for approval, with
copies of test and results. The affidavit must be in the
possession of the person so afflicted, or the person's legal
guardian, at all times while being transported in the motor
vehicle: Provided, That the person's operator's license shall
reflect this physical condition and contain a restriction that
the person may not operate a motor vehicle at any time other than
during daylight hours.
(g) The light transmittance requirement of this section does
not apply to windows behind the driver on trucks, buses,
trailers, mobile homes and multipurpose passenger vehicles.
(h) As used in this section:
(1) "Bus" means a motor vehicle with motive power, except a
trailer, designed for carrying more than ten persons.
(2) "Light transmission" means the ratio of the amount of total light to pass through a product or material to the amount
of the total light falling on the product or material.
(3) "Luminous reflectants" means the ratio of the amount of
total light that is reflected outward by the product or material
to the amount of the total light falling on the product or
(4) "Manufacturer" means any person engaged in the
manufacturing or assembling of sunscreening products or materials
designed to be used in conjunction with vehicle glazing materials
for the purpose of reducing the effects of the sun.
(5) "Motor homes" means vehicular units designed to provide
temporary living quarters built into and an integral part of or
permanently attached to a self-propelled motor vehicle chassis.
(6) "Multipurpose passenger vehicle" means a motor vehicle
with motive power, except a trailer, designed to carry ten
persons or less which is constructed either on a truck chassis or
with special features for occasional off-road operation.
(7) "Nonreflective" means a product or material designed to absorb light rather than to reflect it.
(8) "Passenger car" means a motor vehicle with motive power,
except a multipurpose passenger vehicle, motorcycle or trailer,
designed for carrying ten persons or less.
(9) "Sunscreening device" means film material or device that
is designed to be used in conjunction with motor vehicle safety
glazing materials for reducing the effects of the sun.
(10) "Truck" means a motor vehicle with motive power, except
a trailer, designed primarily for the transportation of property
or special purpose equipment.
(i) Any person violating the provisions of this section is
guilty of a misdemeanor, and, upon conviction thereof, may be
fined not more than two hundred dollars or be imprisoned for not
more than thirty days.
NOTE: This bill requires persons with physical conditions
that require screening devices in motor vehicles to have their
condition noted on their operators' license as a restriction; it
restricts such persons to driving during daylight hours only; it
requires physicians or optometrists who certify physical conditions requiring the use of screening devices to document
their findings to the Commissioner for approval. The bill also
refers to screening devices as "aftermarket type," excluding
original manufacturer glass meeting federal safety standards.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.