ASSEMBLY, No. 2453
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 7, 1996
By Assemblyman GIBSON
An Act concerning the windshields and windows of certain motor vehicles and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any other law to the contrary, the owner or lessee of a motor vehicle that is driven by or is used to regularly transport a person who has a medical condition involving ophthalmic or dermatologic photosensitivity may apply to the director for permission to have the windshield and windows of that vehicle covered by or treated with a product or material that increases its light reflectance or reduces its light transmittance.
The application shall be in a form and manner prescribed by the director and shall include, but not be limited to, a written certification by a certified ophthalmologist or a physician with a plenary license to practice medicine and surgery in this State or a bordering state that the person for whom the application is submitted has a medical condition involving ophthalmic or dermatologic photosensitivity. For the purposes of this act, medical conditions involving ophthalmic or dermatologic photosensitivity shall include:
a. polymorphous light eruption;
b. persistent light reactivity;
c. actinic reticuloid;
e. solar urticaria;
f. lupus erythematosus; and
g. such other photosensitive disorders or conditions as the director shall determine.
2. The director, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall include, but shall not be limited to:
a. Standards and specifications governing the types of materials and products that may be applied to a motor vehicle windshield and windows under this act. These standards and specifications shall include the color of the materials or products, the maximum allowable percentage of total light reflectance of the materials or products, the maximum allowable percentage of the light transmittance and ultraviolet transmittance of the materials or products, and such other matters as the director shall deem appropriate and necessary. In establishing the standards and specifications, the director shall consider, to the greatest extent possible, the safety of law enforcement officers, who during the performance of their duties may find it necessary to inspect or otherwise observe the interior of a motor vehicle having a windshield and windows to which an approved material or product is applied.
b. The issuance of a certificate or card to each approved applicant authorizing the approved covering or treatment. The certificate or card shall be valid for a period of not more than 48 months and shall be exhibited to any law enforcement officer, when so requested, and to a designated motor vehicle examiner whenever the motor vehicle is inspected.
c. Standards and specifications governing the installation and application of approved materials and products, including the affixation of an appropriate label, in a manner and form prescribed by the director, on each windshield and window to which an approved material or product is applied. The label may identify the name and the location of the installer and the name of the manufacturer of the material or product applied.
d. The registration of persons in the business of installing or applying approved materials and products, including the establishment of a fee to cover the costs of that registration.
3. a. A person who violates the provisions of subsection b. of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be subject to a fine not exceeding $100; provided, however, if a person charged with such a violation can exhibit a certificate or card which was valid on the day he was charged to the judge of the municipal court before whom he is summoned to answer the charge, the judge may dismiss the charge. The judge, however, may impose court costs.
b. A person who violates the provisions of subsection c. or d. of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be subject to a fine not to exceed $1,000 for a first offense and not to exceed $5,000 for a second or subsequent offense.
4. This act shall take effect on the first day of the sixth month following enactment, except that section 2 shall take effect immediately.
This bill would permit the application of sun screening materials and products to the windshields and windows of motor vehicles driven by, or used to regularly transport, persons who have medical conditions involving ophthalmic or dermatological photosensitivity.
Under the provisions of the bill, the Director of the Division of Motor Vehicles must promulgate rules and regulations (1) setting the standards and specifications for the types of materials and products that may be applied to the windshield and windows of the motor vehicles driven or used by people suffering from dermatological photosensitive diseases and ophthalmic problems; (2) providing for the issuance of a card or other certification indicating that authorization to apply a sun screening material or product has been granted by the director; (3) standards and specifications governing the installation and application of approved materials and products; and (4) the registration of persons who install or apply the approved materials and products.
In promulgating the rules and regulations relating to the types of materials and products that may be applied to windshields and windows, the director must consider, to the greatest extent possible, the safety of law enforcement officers who, in the course of their regular duties, must readily inspect or observe the interior of motor vehicles which will have these approved sun screening materials and products applied to their windshields and windows.
Individuals who have sun screening materials installed without the approval of the director are subject to a fine of up to $100. Installers of sun screening materials or products who violate the provisions of this act are subject to fines of up to $1,000 for a first offense and up to $5,000 for a second or subsequent offense.
Permits application of certain tinting materials on motor vehicle windows and windshields for medical reasons.