HOUSE BILL No. 5634

 

 

February 22, 2018, Introduced by Reps. Alexander, Sheppard, Barrett, Lower, Lucido, Glenn, LaFave, Johnson, Hornberger, Dianda, Zemke, Peterson and Chirkun and referred to the Committee on Transportation and Infrastructure.

 

     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 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.

 

     (b) (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.

 

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

 

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

 

     (d) (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.

 

     (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 a 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 so 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 of this

 

state 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.