S*1310 Session 109 (1991-1992)
S*1310(Rat #0559, Act #0462 of 1992) General Bill, By J.V. Smith, C.T. Hinson,
Leatherman, I.E. Lourie, S.S. Martschink, McConnell, McGill, Moore and
Passailaigue
A Bill to amend Section 56-5-5015, Code of Laws of South Carolina, 1976,
relating to sunscreen devices, so as to prohibit the installation and use of
more than one sunscreen device, to provide for a total light transmission of
sunscreening device and factory or manufacturer installed sunscreening
material of not less than twenty-seven percent, to provide that beginning
January 1, 1993, sunscreen devices applied or used on the rear windows and the
factory or manufacturer installed sunscreening material must have a total
light transmission of not less than twenty-seven percent, to provide for a
certificate of compliance, to provide additional penalties, to add
definitions, to provide for promulgation of regulations, and to provide
exceptions.-amended title
02/19/92 Senate Introduced and read first time SJ-8
02/19/92 Senate Referred to Committee on Transportation SJ-8
03/10/92 Senate Committee report: Favorable Transportation SJ-12
03/11/92 Senate Read second time SJ-26
03/11/92 Senate Unanimous consent for third reading on next
legislative day SJ-26
03/12/92 Senate Read third time and sent to House SJ-22
03/17/92 House Introduced and read first time HJ-14
03/17/92 House Referred to Committee on Education and Public
Works HJ-14
05/06/92 House Committee report: Favorable with amendment
Education and Public Works HJ-2
05/20/92 House Objection by Rep. Hyatt, Keyserling & J. Bailey HJ-71
05/20/92 House Debate adjourned until Thursday, May 21, 1992 HJ-72
05/21/92 House Debate adjourned until Tuesday, May 26, 1992 HJ-48
05/26/92 House Amended HJ-39
05/26/92 House Read second time HJ-43
05/27/92 House Read third time and returned to Senate with
amendments HJ-27
05/27/92 Senate Concurred in House amendment and enrolled SJ-25
06/04/92 Ratified R 559
06/15/92 Signed By Governor
06/15/92 Effective date 08/14/92
06/15/92 Act No. 462
06/15/92 See act for exception to or explanation of
effective date
07/09/92 Copies available
(A462, R559, S1310)
AN ACT TO AMEND SECTION 56-5-5015, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
SUNSCREEN DEVICES, SO AS TO PROHIBIT THE
INSTALLATION AND USE OF MORE THAN ONE
SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT
TRANSMISSION OF SUNSCREENING DEVICE AND
FACTORY OR MANUFACTURER INSTALLED
SUNSCREENING MATERIAL OF NOT LESS THAN
TWENTY-SEVEN PERCENT, TO PROVIDE THAT
BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES
APPLIED OR USED ON THE REAR WINDOWS AND THE
FACTORY OR MANUFACTURER INSTALLED
SUNSCREENING MATERIAL MUST HAVE A TOTAL
LIGHT TRANSMISSION OF NOT LESS THAN
TWENTY-SEVEN PERCENT, TO PROVIDE FOR A
CERTIFICATE OF COMPLIANCE, TO PROVIDE
ADDITIONAL PENALTIES, TO ADD DEFINITIONS, TO
PROVIDE FOR PROMULGATION OF REGULATIONS, AND
TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
Sunscreen devices on motor vehicles
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. If no after-factory installed sunscreen device has been added to the window
surface, the provisions of this section regarding light
transmittance do not apply.
(B) A sunscreening device 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 AS1 line. If the AS1 line is not visible, no
sunscreening device may be applied to the windshield.
(C) A single sunscreening device may be installed on 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. The
sunscreening device must be nonreflective and the combined light
transmission of the sunscreening device with the factory or
manufacturer installed sunscreening material must not be less than
twenty-seven percent.
(D) (1) A sunscreening device to be applied to the rear-most
window must be nonreflective and have a light transmission of not
less than twenty percent. If a sunscreening device is used on the
rear-most window, one right and one left outside rearview mirror
is required.
(2) Beginning January 1, 1993, a single sunscreening
device to be applied to the rear-most window must be
nonreflective and the combined light transmission of the
sunscreening device with the factory or manufacturer installed
sunscreening material must not be less than twenty-seven percent.
If a sunscreening device is used on the rear-most window, one
right and one left outside rearview mirror is required.
(3) A motor vehicle with a sunscreening device which
complied with the requirements of item (1) at the time of
installation is not considered to be in violation of this section on
January 1, 1993, so long as the original sunscreen device is in
place.
(E) Each vehicle equipped with an after-factory sunscreening
device, whether installed by a consumer or professional window
tinter, at all times must bear a certificate of compliance. The
certificate of compliance must be of a size and form prescribed by
the department. Each certificate of compliance must be properly
attached to the vehicle on the inside and lower right hand corner
of each window containing an after-factory installed sunscreen
device and must contain the following information:
(1) the percentage of light transmission allowed by the
sunscreening device;
(2) the identity of the installer by name, address, and
telephone number; and
(3) date of installation.
(F) Sunscreening devices offered for sale or use in South
Carolina must include instructions with the product or material for
proper installation. The manufacturer of the sunscreen device
offered for sale or use in South Carolina must provide the
certificate of compliance specified in subsection (E) and
instructions for affixing it to the sunscreen device.
(G) 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 titled for use on public roads without permanently
affixing the certificate of compliance specified in this section.
A professional window tinter who violates the provisions of
subsections (E) or (G) is guilty of a misdemeanor triable in
magistrate's court and, upon conviction, must be fined not less
than one thousand dollars or imprisoned not more than thirty days,
or both, for each offense. A consumer who violates the provisions
of subsection (E) or (G) is guilty of a misdemeanor triable in
magistrate's court and, upon conviction, must be fined not less
than two hundred dollars or imprisoned not more than thirty days
for each offense.
(H) 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 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.
(I) The light transmittance requirement of this section
applies to windows behind the driver on pickup trucks, but does
not apply to windows behind the driver on other trucks, buses,
trailers, mobile homes, multipurpose passenger vehicles, and
recreational vehicles.
(J) 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 visible light to pass through a product or material to the
amount of the total light falling on the product or material.
(3) `Luminous reflectant' 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 primarily
designed to absorb light rather than to reflect it.
(5) `Multipurpose passenger vehicle' means a vehicle
with motive power designed to carry ten persons or less which is
constructed either on a truck chassis or with special features for
occasional off-road operation.
(6) `Motor home' means a vehicular unit designed to
provide temporary living quarters built into and an integral part of
or permanently attached to a self-propelled motor vehicle
chassis.
(7) `Truck' means a vehicle with motive power designed
primarily for the transportation of property or special purpose
equipment.
(8) `Bus' means a vehicle with motive power designed for
carrying more than ten persons.
(9) `Manufacturer' means a 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.
(10) `Recreational vehicle' means a self-propelled or towed
vehicle that is equipped to serve as temporary living quarters for
recreational, camping, or travel purposes, and is used solely as a
family/personal conveyance.
(11) `AS1' means a glazing material position marking as
defined in 49 Code of Federal Regulations, Section 571.205,
Subsection S5.1.1.
(12) `Trailer' means every vehicle without motive power
designed to carry persons or property, and for being drawn by a
motor vehicle and constructed so that no part of its weight rests
upon the towing vehicle.
(13) `Professional window tinter' means a person who
installs sunscreening devices for profit.
(K) A person who owns or operates a motor vehicle in
violation of the provisions of this section is guilty of a
misdemeanor triable in magistrate's court and, upon conviction,
must be fined not more than two hundred dollars or imprisoned
not more than thirty days.
(L) The department shall promulgate regulations prescribing
enforcement, including, but not limited to, the procedure and
mechanism for testing light transmittance. Inspection stations
must not be required to test light transmittance for purposes of
enforcement of this section."
Time effective
SECTION 2. This act takes effect sixty days after approval by
the Governor.
Approved the 15th day of June, 1992. |