Kentucky 2024 Regular Session

Kentucky Senate Bill SB46 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	24 RS BR 906 
Page 1 of 4 
XXXX   12/4/2023 12:16 PM  	Jacketed 
AN ACT relating to motor vehicles. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 189.110 is amended to read as follows: 3 
(1) A windshield in a fixed and upright position, that is equipped with safety glazing as 4 
required by federal safety-glazing material standards, is required on every motor 5 
vehicle which is operated on the public highways, roads, and streets, except on a 6 
motorcycle or implement of husbandry. 7 
(2) A person shall not operate a motor vehicle on a public highway, road, or street with 8 
any sign, sunscreening material, product, or covering attached to, or located in or 9 
upon the windshield, except the following: 10 
(a) A certificate or other paper required to be displayed by law; 11 
(b) Sunscreening material along a strip at the top of the windshield, if the material 12 
is transparent and does not encroach upon the driver's direct forward viewing 13 
area as defined in Federal Motor Vehicle Safety Standards No. 205 as the 14 
AS/1 portion of the windshield; or 15 
(c) Sunscreening material or other product or material applied to the 16 
windshield, when used in conjunction with the safety glazing materials of 17 
the windshield, if it has a light transmittance of not less than seventy 18 
percent (70%) and is not red or yellow in color. 19 
(3) A person shall not operate a motor vehicle required to be registered in the 20 
Commonwealth, on a public highway, road, or street on which vehicle the side 21 
wings and side windows on either side forward of or adjacent to the operator's seat 22 
are composed of, covered by, or treated with any sunscreening material or other 23 
product or covering which has the effect of making the window nontransparent or 24 
which would alter the window's color, increase its reflectivity, or reduce its light 25 
transmittance, except as expressly permitted by this section. A sunscreening 26 
material may be applied to the windows if, when tested on one-eighth (1/8) inch 27  UNOFFICIAL COPY  	24 RS BR 906 
Page 2 of 4 
XXXX   12/4/2023 12:16 PM  	Jacketed 
clear glass, the material has a total solar reflectance of visible light of not more than 1 
twenty-five percent (25%) as measured on the nonfilm side and a light 2 
transmittance of at least thirty-five percent (35%) in the visible light range. 3 
(4) A person shall not operate a motor vehicle required to be registered in the 4 
Commonwealth, on a public highway, road, or street on which vehicle any windows 5 
behind the driver are composed of, covered by, or treated with any sunscreening 6 
material, or other product or material which has the effect of making the window 7 
nontransparent or which would alter the window's color, increase its reflectivity, or 8 
reduce its light transmittance, except as specified below: 9 
(a) Sunscreen material consisting of film which, when tested on one-eighth (1/8) 10 
inch clear glass, has a total solar reflectance of visible light of not more than 11 
thirty-five percent (35%) as measured on the nonfilm side and a light 12 
transmittance of at least eighteen percent (18%) in the visible light range; 13 
however, sunscreen material which, when tested on one-eighth (1/8) inch 14 
clear glass, has a total solar reflectance of visible light of not more than thirty-15 
five percent (35%) as measured on the nonfilm side and a light transmittance 16 
of at least eight percent (8%) in the visible light range may be used on 17 
multipurpose passenger vehicles; or 18 
(b) Perforated sunscreening material which, when tested in conjunction with 19 
existing glazing or film material, has a total reflectance of visible light of not 20 
more than thirty-five percent (35%) and a light transmittance of no less than 21 
thirty percent (30%). For those products or materials having different levels of 22 
reflectance, the highest reflectance from the product or material will be 23 
measured by dividing the area into sixteen (16) equal sections and averaging 24 
the overall reflectance. The measured reflectance of any of those sections may 25 
not exceed fifty percent (50%). 26 
(5) A person shall not operate a motor vehicle required to be registered in the 27  UNOFFICIAL COPY  	24 RS BR 906 
Page 3 of 4 
XXXX   12/4/2023 12:16 PM  	Jacketed 
Commonwealth, upon a public highway, road, or street, on which vehicle the rear 1 
window is composed of, covered by, or treated with any material which has the 2 
effect of making the window nontransparent, unless the vehicle is equipped with 3 
side mirrors on both sides. 4 
(6) Each installer or seller of sunscreening material shall provide a pressure-sensitive, 5 
self-destructive, nonremovable, vinyl-type film label to the purchaser stating that 6 
the material complies with the provisions of KRS 189.010(20) to (23) and 7 
subsections (1) to (5) of this section. Each installer shall affix the required label to 8 
the inside left door jamb of the motor vehicle. In addition, the label shall state the 9 
trade name of the material and the installer's or seller's business name. Labeling is 10 
not required for factory glazing which complies with Federal Motor Vehicle Safety 11 
Standard No. 205. 12 
(7) Every percentage measurement required by subsections (2) to[ (3) and] (4) of this 13 
section is subject to a tolerance of plus or minus three percent (3%). 14 
(8) A person shall not install window tinting materials on a vehicle that fails to meet 15 
the minimum standards for light transmission pursuant to subsections (2) to[(3) 16 
and] (4) of this section. Tinted material that fails to meet the minimum standards for 17 
light transmission pursuant to subsections (2) to[(3) and] (4) of this section shall be 18 
removed immediately. 19 
(9) A person who applies sunscreening materials in violation of this section shall be 20 
guilty upon conviction of a Class B misdemeanor. 21 
(10) Nothing in this section shall prevent the display of a representation of the American 22 
flag on the rear window of any motor vehicle, including any vehicle owned by a 23 
local or state government, provided that the representation does not exceed a size of 24 
five (5) inches by eight (8) inches and is placed in a lower corner of the rear 25 
window. 26 
(11) The windshield on every motor vehicle shall be equipped with a device for cleaning 27  UNOFFICIAL COPY  	24 RS BR 906 
Page 4 of 4 
XXXX   12/4/2023 12:16 PM  	Jacketed 
rain, snow or other moisture from the windshield. The device shall be so 1 
constructed as to be controlled by the operator of the vehicle. 2 
(12) Nothing in this section shall be construed to prevent the use of any window which 3 
is composed of, covered by, or treated with any material or component in a manner 4 
approved by federal statute or regulation if the window was a component part of a 5 
vehicle at the time of the vehicle manufacture, or the replacement of any window 6 
by a covering which meets these requirements. 7