Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 323
Approved for Filing: S. Larson 6                                 st
                                                                       1 Sub. (Buff)
          6 02-12-24 4:30 PM 6
                   Representative Karianne Lisonbee proposes the following substitute bill:
          MOTOR VEHICLE SAFETY INSPECTION MODIFICATIONS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Karianne Lisonbee
                                 Senate Sponsor: Daniel McCay
 6
 LONG TITLE
 General Description:
        This bill amends provisions relating to window tinting.
 Highlighted Provisions:
        This bill:
        < enacts a provision allowing a peace officer to stop a vehicle for improper side
 window tinting only if the peace officer has stopped the vehicle for a violation of
 another offense; and
        < prohibits the revocation or suspension of an individual's vehicle registration or
 driver license for a window tinting violation.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None                                                                                  1 stSub. H.B. 323
 Utah Code Sections Affected:
 AMENDS:
        41-6a-1635, as last amended by Laws of Utah 2022, Chapter 183
24
 Be it enacted by the Legislature of the state of Utah:
     *HB0323S01*
      1st Sub. (Buff) H.B. 323                                                       02-12-24 4:30 PM
           Section 1. Section 41-6a-1635 is amended to read:
           41-6a-1635. Windshields and windows -- Tinting -- Obstructions reducing
 visibility -- Wipers -- Prohibitions.
           (1) Except as provided in Subsections (2), (3), and (4) a person may not operate a
 motor vehicle with:
           (a) a windshield that allows less than 70% light transmittance;
           (b) a front side window that allows less than 35% light transmittance, with no more
 than a 5% variance observed by a peace officer metering the light transmittance;
           (c) any windshield or window that is composed of, covered by, or treated with any
 material or component that presents a metallic or mirrored appearance;
           (d) any sign, poster, or other nontransparent material on the windshield or side
 windows of the motor vehicle except:
           (i) a certificate or other paper required to be so displayed by law; or
           (ii) the vehicle's identification number displayed or etched in accordance with rules
 made by the department under Section 41-6a-1601; or
           (e) any debris, frost, or other substance that materially obstructs the operator's view.
           (2) (a) A person may not operate a motor vehicle with an object or device hanging or
 mounted in a manner that materially obstructs the operator's view.
           (b) A person shall ensure that an object or device hanging or mounted in compliance
 with Subsection (2)(a) is used in accordance with this chapter.
           (3) Nontransparent materials may be used:
           (a) along the top edge of the windshield if the materials do not extend downward more
 than four inches from the top edge of the windshield or beyond the AS-1 line whichever is
 lowest;
           (b) in the lower left-hand corner of the windshield provided they do not extend more
 than three inches to the right of the left edge or more than four inches above the bottom edge of
 the windshield; or
           (c) on the rear windows including rear side windows located behind the vehicle
 operator.
           (4) A windshield or other window is considered to comply with the requirements of
 Subsection (1) if the windshield or other window meets the federal statutes and regulations for
                                                       -2-
        02-12-24 4:30 PM                                                      1st Sub. (Buff) H.B. 323
  motor vehicle window composition, covering, light transmittance, and treatment.
         (5) Except for material used on the windshield in compliance with Subsections (3)(a)
  and (b), a motor vehicle with tinting or nontransparent material on any window shall be
  equipped with rear-view mirrors mounted on the left side and on the right side of the motor
  vehicle to reflect to the driver a view of the highway to the rear of the motor vehicle.
         (6) (a) (i) The windshield on a motor vehicle shall be equipped with a device for
  cleaning rain, snow, or other moisture from the windshield.
         (ii) The device shall be constructed to be operated by the operator of the motor vehicle.
         (b) A windshield wiper on a motor vehicle shall be maintained in good working order.
         (7) A person may not have for sale, sell, offer for sale, install, cover, or treat a
  windshield or window in violation of this section.
         (8) Notwithstanding this section, any person subject to the federal Motor Vehicle
  Safety Standards, including motor vehicle manufacturers, distributors, dealers, importers, and
  repair businesses, shall comply with the federal standards on motor vehicle window tinting.
         (9) A violation of this section is an infraction.
           º [(10) A peace officer may only enforce Subsection (1)(b) when the peace officer has
 detained the operator of a motor vehicle for a suspected violation of another section in Title 41,
 Motor Vehicles, or for another offense.] »
           º [(11)] (10) »     The Motor Vehicle Division or Driver License Division may not revoke
75a or
  suspend an individual's vehicle registration or driver license for a violation or multiple
  violations of Subsection (1)(a) or (b).
         Section 2. Effective date.
         This bill takes effect on May 1, 2024.
                                                       -3-              House Floor Amendments 2-21-2024 ho/sl
Statutes affected: 
Introduced: 
Amended: 
H.B. 323 1st Substitute (Not Adopted) Text: 