SENATE BILL No. 1094

September 21, 2016, Introduced by Senator O'BRIEN and referred to the Committee on Transportation.

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 709 (MCL 257.709), as amended by 2010 PA 258.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 709. (1) A person shall not operate a motor vehicle with

any of the following:

     (a) A sign, poster, nontransparent material, window

application, reflective film, or nonreflective film upon or in the

front windshield, the side windows immediately adjacent to the

driver or front passenger, or the sidewings adjacent to and forward

of the driver or front passenger, except that a tinted film may be

used along the top edge of the windshield and the side windows or

sidewings immediately adjacent to the driver or front passenger if

the material does not extend more than 4 inches from the top of the

windshield, or lower than the shade band, whichever is closer to

the top of the windshield.

     (b) A rear window or side window to the rear of the driver

composed of, covered by, or treated with a material that creates a

total solar reflectance of 35% or more in the visible light range,

including a silver or gold reflective film.

     (c) An object that obstructs the vision of the driver of the

vehicle, except as authorized by law.

     (2) A person shall not drive a motor vehicle if driver

visibility through the rear window is obstructed, unless the

vehicle is equipped with 2 rearview mirrors, 1 on each side,

adjusted so that the operator has a clear view of the highway

behind the vehicle.

     (3) This section does not apply to any of the following:

     (a) The use of draperies, louvers, or other special window

treatments, except those specifically designated in this section,

on the rear window, or a side window to the rear of the driver if

the vehicle is equipped with 2 outside rearview mirrors, 1 on each

side, adjusted so that the driver has a clear view of the highway

behind the vehicle.

     (b) The use of a nonreflective, smoked or tinted glass,

nonreflective film, perforated window screen, or other decorative

window application on the rear window or a side window to the rear

of the driver.

     (c) The placement of a necessary certificate or sticker that

does not obstruct the driver's clear view of the roadway or an

intersecting roadway.

     (d) A vehicle registered in another state, territory,

commonwealth of the United States, or another country or province.

     (e) A special window treatment or application determined

necessary by a physician or optometrist, for the protection of a

person who is light sensitive or photosensitive, if the owner or

operator of a motor vehicle has in possession a letter signed by a

physician or optometrist, indicating that the special window

treatment or application is a medical necessity. However, the

special window treatment or application shall not interfere with or

obstruct the driver's clear vision of the highway or an

intersecting highway. This subdivision does not prevent a family

member or a caregiver of the owner of a motor vehicle described in

this subdivision from operating a motor vehicle equipped with a

special window treatment or application if all other requirements

of this subdivision are satisfied.

     (4) Except as provided in subsection (5), the windshield on

each motor vehicle shall be equipped with a device for cleaning

rain, snow, or other moisture from the windshield, which device

shall be so constructed as to be controlled or operated by the

driver of the vehicle. A vehicle licensed as an historical vehicle

is exempt from this subsection if the vehicle was not originally

equipped with such a device. Each windshield wiper upon a motor

vehicle shall be maintained in good working order.

     (5) A truck with a gross weight over 10,000 pounds, a truck

tractor, a bus, or a truck regardless of weight carrying hazardous

materials on which a placard is required to be posted pursuant to

49 CFR parts 100 to 199 having a windshield shall be equipped with

not less than 2 automatically operating windshield wiper blades, 1

on each side of the centerline of the windshield, for cleaning

rain, snow, or other moisture from the windshield. The blades shall

be in such condition as to provide clear vision for the driver,

unless 1 blade is so arranged as to clean an area of the windshield

extending to within 1 inch of the limit of vision through the

windshield at each side. However, in driveaway-towaway operations,

this subsection applies only to the operated vehicle. In addition,

1 windshield wiper blade suffices under this subsection when the

driven vehicle in a driveaway-towaway operation constitutes part or

all of the property being transported and has no provision for 2

blades. A truck and truck tractor, manufactured after June 30,

1953, that depends upon vacuum to operate the windshield wipers,

shall be so constructed that the operation of the wipers is not

materially impaired by change in the intake manifold pressure.

     (6) A truck with a gross weight over 10,000 pounds, a truck

tractor, a bus, or a truck regardless of weight carrying hazardous

materials on which a placard is required to be posted under 49 CFR

parts 100 to 199 shall not be operated on the highways at any time

unless it is equipped with a hot air windshield defroster or an

electrically heated windshield or other device to heat and maintain

the windshield in operable condition at all times.

     (7) As used in this section:

     (a) "Physician" means that term as defined in section 17001 or

17501 of the public health code, 1978 PA 368, MCL 333.17001 and

333.17501.

     (b) "Optometrist" means that term as defined in section 17401

of the public health code, 1978 PA 368, MCL 333.17401.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.