A study bill for an act relating to tinted windows and making a
  penalty applicable. 3-7-95, Subcommittee: Lind, Dearden and
  Gettings. (SF 378).

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1 Section 1. Section 321.438, subsection 2, Code 1995, is 2 amended to read as follows: 3 2. a. A Except as provided in paragraph "b", a person 4 shall not operate on the highway a motor vehicle equipped with 5 a front windshield, a side window to the immediate right or 6 left of the driver, or a side=wing forward of and to the left 7 or right of the driver which is excessively dark or reflective 8 so that it is difficult for a person outside the motor vehicle 9 to see into the motor vehicle through the windshield, window, 10 or sidewing sidewings, or side or rear windows which allow for 11 less than seventy percent light tranmittance. The department 12 shall adopt rules establishing a minimum measurable standard 13 of transparency which shall apply to violations of this 14 subsection. 15 b. A person suffering from a light=sensitive disorder may 16 operate a motor vehicle equipped with windows with less than 17 seventy percent light transmittance, if that person has made 18 application and has received a waiver of the restriction for 19 the person's motor vehicle and if a light=sensitive disorder 20 permit is properly affixed to the person's motor vehicle. The 21 department shall waive the restriction and issue an 22 accompanying permit if the applicant files a written statement 23 signed by a licensed vision specialist which certifies that 24 the applicant suffers from a light=sensitive disorder and that 25 it is medically necessary for the person to obtain a waiver of 26 the light transmittance requirements of this subsection. Any 27 other person operating a motor vehicle with a light=sensitive 28 disorder permit affixed to the motor vehicle shall not be 29 charged with a violation of this section, even though that 30 person does not suffer from a light=sensitive disorder. As 31 used in this paragraph, "licensed vision specialist" means a 32 physician or osteopath licensed under chapter 148, 150, or 33 150A, or an optometrist licensed under chapter 154. This 34 exemption does not apply to commercial vehicles or commercial 35 motor vehicles.

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1 EXPLANATION 2 This bill prohibits a person from operating a motor vehicle 3 with a windshield or other windows which allow for less than 4 70 percent light transmittance. 5 This bill allows a person suffering from a light=sensitive 6 disorder to obtain a permit from the state department of 7 transportation allowing the person to operate a motor vehicle 8 with a front windshield, a front side window, or front 9 sidewing with less than 70 percent light transmittance. The 10 person must make application to the department and present a 11 signed statement from a licensed vision specialist indicating 12 that it is medically necessary for that person to operate a 13 motor vehicle whose light transmittance is lower than the 14 present requirement. Any other person operating a motor 15 vehicle with a light=sensitive disorder permit cannot be 16 charged with a violation of section 321.438, subsection 2, 17 even though that person does not suffer from a light=sensitive 18 disorder. This exemption does not apply to commercial 19 vehicles or commercial motor vehicles. 20 A violation of section 321.438 is a scheduled fine of $15. 21 LSB 2305SC 76 22 js/sc/14