Introduced Version






HOUSE BILL No. 1441

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-19-19.

Synopsis: Installation of treated windows in motor vehicles. Provides that a person may not cover or tint a motor vehicle window in a manner that makes operation of the vehicle a violation of Indiana law. Provides an exception when the covering or tinting is done for medical purposes.

Effective: July 1, 2001.





Smith V




    January 11, 2001, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1441



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-19-19-4; (01)IN1441.1.1. -->     SECTION 1. IC 9-19-19-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) This section does not apply to a manufacturer's tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by FMVSS205 as promulgated in 49 CFR 571.205. Proof from the manufacturer, supplier, or installer that the tinting or glazing is in compliance with or permitted by FMVSS205 must be carried in the vehicle.
    (b) This section does not apply to the driver of a vehicle:
        (1) that is owned by an individual required for medical reasons to be shielded from the direct rays of the sun; or
        (2) in which an individual required for medical reasons to be shielded from the direct rays of the sun is a habitual passenger.
The medical reasons must be attested to by a physician licensed to practice in Indiana, and the physician's certification of that condition must be carried in the vehicle. The physician's certificate must be renewed annually.
    (c) A person may not drive a motor vehicle that has a:
        (1) windshield;
        (2) side wing;
        (3) side window that is part of a front door; or
        (4) rear back window;
that is covered by or treated with sunscreening material or is tinted to the extent or manufactured in a way that the occupants of the vehicle cannot be easily identified or recognized through that window from outside the vehicle. However, it is a defense if the so that when the sunscreening material is applied to those windows has a there is a total solar reflectance of visible light of not more than twenty-five percent (25%) as measured on the nonfilm side and light transmittance of at least less than thirty percent (30%) in the visible light range.
     (d) A person may not drive a motor vehicle that has a:
        (1) windshield;
        (2) side wing;
        (3) side window that is part of a front door; or
        (4) rear back window;
that is tinted to a further extent than that certified by the manufacturer, supplier, or installer to be in compliance with or permitted by FMVSS205 as promulgated in 49 CFR 571.205.

     (e) A person may not tint or otherwise cover or treat with sunscreening the parts of a vehicle described in subsections (c) and (d) so that operation of the vehicle after the tinting or sunscreening is performed is a violation of subsections (c) or (d). However, it is not a violation of this chapter if this work is performed for a person who submits a physician's statement as described in subsection (b) to the person who is to perform the work.
        
SECTION 2. IC 9-19-19-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) This section does not apply to a person who owns or operates a vehicle or combination of vehicles that:
        (1) contains parts and accessories; and
        (2) is equipped;
as required under regulations of the United States Department of Transportation.
    (b) Except as provided in section 8 of this chapter, a person who violates this chapter commits a Class C infraction.
SOURCE: IC 9-19-19-8; (01)IN1441.1.3. -->     SECTION 3. IC 9-19-19-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. A person who violates section 4(e) of this chapter commits a Class B infraction.