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1998 SESSION
984367666Be 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 fifteen 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. 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 § 2.1-446, 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.