H 4171 General Bill, By T.L. Farr
 A Bill to amend Section 56-5-5015, Code of Laws of South Carolina, 1976,
 relating to sunscreen devices, so as to clarify requirements, establish law
 enforcement, and delete department approval and installer certification.

   01/15/92  House  Introduced and read first time HJ-36
   01/15/92  House  Referred to Committee on Education and Public
                     Works HJ-36

A BILL

TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO CLARIFY REQUIREMENTS, ESTABLISH LAW ENFORCEMENT, AND DELETE DEPARTMENT APPROVAL AND INSTALLER CERTIFICATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 56-5-5015 of the 1976 Code is amended to read:

"Section 56-5-5015. (A) No person may operate a motor vehicle that is required to be registered in this State on any public highway, road, or street that has a sunscreen device on the windshield, the front side wings, and side windows adjacent to the right and left of the driver and windows to the rear of the driver that do not meet the requirements of this section.

(B) A sunscreening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow, or amber in color. A sunscreening device may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches from the top of the windshield whichever is closer to the top of the windshield.

(C) A sunscreening device when used in conjunction with the safety glazing materials of the side wings or side windows, or both, located at the immediate right and left of the driver and the side windows behind the driver on both sides of the vehicle, must be nonreflective and have total light transmission through both the sunscreening device and the glazing of not less than thirty-five percent.

(D) A sunscreening device when used in conjunction with the safety glazing of the rear-most window must be nonreflective and have a total light transmission through both the sunscreening device and the glazing of not less than twenty percent, if one right and one left outside rearview mirror is provided.

(E) Sunscreen devices offered for sale or use in South Carolina shall:

(1) bear a certification of the department that it is in compliance with the reflectivity and transmittance requirements of this section;

(2) bear a label not to exceed two square inches in size, with a means for the permanent and legible installations between the sunscreening material and each glazing surface to which it is applied that contains the installer's name, address, and telephone number and its percentage of light transmission;

(3) include instructions with the product or material for proper installations, including the affixing of the label specified in this section. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle from the outside.

(F) No person may:

(1) offer for sale or for use any sunscreening product or material for motor vehicle use not in compliance with this section;

(2) install any sunscreening product or material on vehicles intended for use on public roads without permanently affixing the label specified in this section.

(G) The provisions of this section do not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in the motor vehicle vehicle at all times during its operation, and must be produced at the request of a law enforcement officer. The affidavit must be updated every two years.

(H)(F) The light transmittance requirement of this section applies to the rear-most window of all pickup trucks, but does not apply to windows behind the driver on all other trucks, buses, trailers, mobile homes, and multipurpose passenger vehicles.

(I)(G) As used in this section:

(1) `Sunscreening device' means a film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.

(2) `Light transmission' means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material.

(3) `Luminous reflectants' means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials.

(4) `Nonreflective' means a product or material designed to absorb light rather than to reflect it.

(5) `Passenger car' means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying ten persons or less.

(6) `Multipurpose passenger vehicle' means a motor vehicle with motive power, except a trailer designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation. (7) `Motor homes' means vehicular units designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis. (8) `Truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. `Truck' does not include a pickup truck.

(9) `Bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons.

(10) `Manufacturer' means any person engaged in the manufacturing or assembling of sunscreening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun.

(J)(H) Any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

(I) Check cards for checking the amount of light transmission must be used for law enforcement purposes."

SECTION 2. This act takes effect upon approval by the Governor.