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2006 SESSION
068795260Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1053 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1053. Equipping certain motor vehicles with sun-shading or tinting films or applications.
Notwithstanding the provisions of § 46.2-1052, a motor vehicle
operated by or regularly used to transport any person with a medical condition
which renders him susceptible to harm or injury from exposure to sunlight or
bright artificial light may be equipped, on its windshield and any or all of
its windows, with sun-shading or tinting films or applications which reduce the
transmission of light into the vehicle to levels not less
than thirty-five percent. Such sun-shading or tinting
film when applied to the windshield of a motor vehicle shall not cause the
total light transmittance to be reduced to any level less than seventy percent
except for the upper five inches of such windshield or the AS-1 line, whichever
is closer to the top of the windshield deemed necessary by a
licensed physician or licensed optometrist. Vehicles equipped with
such sun-shading or tinting films shall not be operated on any highway unless,
while being so operated, the driver or an occupant of the vehicle has in his
possession a written authorization issued by the Commissioner of the Department
of Motor Vehicles authorizing such operation. The Commissioner shall issue such
written authorization only upon receipt of a signed statement from a licensed
physician or licensed optometrist (i) identifying with reasonable specificity
the person seeking the written authorization and (ii) stating that, in the
physician's or optometrist's professional opinion, the equipping of a vehicle
with sun-shading or tinting films or applications is necessary to safeguard the
health of the person seeking the written authorization. Written authorizations
issued by the Commissioner under this section shall be valid so long as the
condition requiring the use of sun-shading or tinting films or applications
persists or until the vehicle is sold, whichever first occurs. Such written
authorizations shall permit the approval of any such vehicle upon its safety
inspection as required by this chapter if such vehicle otherwise qualifies for
inspection approval. In the discretion of the Commissioner, one or more written
authorizations may be issued to an individual or a family. The Division of
Purchases and Supply, pursuant to § 2.2-1112, shall determine the proper standards
for equipment or devices used to measure light transmittance through windows of
motor vehicles. Law-enforcement officers shall use only such equipment or
devices to measure light transmittance through windows that meet the standards
established by the Division. Such measurements made by law-enforcement officers
shall be given a tolerance of minus seven percentage points.