Bill Text: MI SB0276 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Traffic control; violations; objects suspended from rearview mirror; remove from prohibition. Amends sec. 709 of 1949 PA 300 (MCL 257.709).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0258'10 With Immediate Effect [SB0276 Detail]
Download: Michigan-2009-SB0276-Engrossed.html
SB-0276, As Passed House, December 2, 2010
SUBSTITUTE FOR
SENATE BILL NO. 276
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 709 (MCL 257.709), as amended by 2000 PA 127.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
709. (1) A person shall not drive 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)
A dangling ornament or other suspended 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 shall 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.
(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
C.F.R. 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 shall apply applies
only to the driven
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 pursuant to
under
49 C.F.R. 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.
