189.110 Unobstructed windshields -- Display of American flag -- Windshield wipers. - Kentucky Statutes

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Page 1 of 3 189.110 Unobstructed windshields -- Display of American flag -- Windshield wipers. (1) A windshield in a fixed and upright position, that is equipped with safety glazing as required by federal safety-glazing material standards, is required on every motor
vehicle which is operated on the public highways, roads, and streets, except on a
motorcycle or implement of husbandry. (2) A person shall not operate a motor vehicle on a public highway, road, or street with any sign, sunscreening material, product, or covering attached to, or located in or
upon the windshield, except the following:
(a) A certificate or other paper required to be displayed by law;
(b) Sunscreening material along a strip at the top of the windshield, if the material is transparent and does not encroach upon the driver's direct forward viewing
area as defined in Federal Motor Vehicle Safety Standards No. 205 as the
AS/1 portion of the windshield. (3) A person shall not operate a motor vehicle required to be registered in the Commonwealth, on a public highway, road, or street on which vehicle the side
wings and side windows on either side forward of or adjacent to the operator's seat
are composed of, covered by, or treated with any sunscreening material or other
product or covering which has the effect of making the window nontransparent or
which would alter the window's color, increase its reflectivity, or reduce its light
transmittance, except as expressly permitted by this section. A sunscreening
material may be applied to the windows if, when tested on one-eighth (1/8) inch
clear glass, the material has a total solar reflectance of visible light of not more than
twenty-five percent (25%) as measured on the nonfilm side and a light
transmittance of at least thirty-five percent (35%) in the visible light range. (4) A person shall not operate a motor vehicle required to be registered in the Commonwealth, on a public highway, road, or street on which vehicle any windows
behind the driver are composed of, covered by, or treated with any sunscreening
material, or other product or material which has the effect of making the window
nontransparent or which would alter the window's color, increase its reflectivity, or
reduce its light transmittance, except as specified below:
(a) Sunscreen material consisting of film which, when tested on one-eighth (1/8) inch clear glass, has a total solar reflectance of visible light of not more than
thirty-five percent (35%) as measured on the nonfilm side and a light
transmittance of at least eighteen percent (18%) in the visible light range;
however, sunscreen material which, when tested on one-eighth (1/8) inch clear
glass, has a total solar reflectance of visible light of not more than thirty-five
percent (35%) as measured on the nonfilm side and a light transmittance of at
least eight percent (8%) in the visible light range may be used on multipurpose
passenger vehicles; (b) Perforated sunscreening material which, when tested in conjunction with existing glazing or film material, has a total reflectance of visible light of not
more than thirty-five percent (35%) and a light transmittance of no less than Page 2 of 3 thirty percent (30%). For those products or materials having different levels of
reflectance, the highest reflectance from the product or material will be
measured by dividing the area into sixteen (16) equal sections and averaging
the overall reflectance. The measured reflectance of any of those sections may
not exceed fifty percent (50%). (5) A person shall not operate a motor vehicle required to be registered in the Commonwealth, upon a public highway, road, or street, on which vehicle the rear
window is composed of, covered by, or treated with any material which has the
effect of making the window nontransparent, unless the vehicle is equipped with
side mirrors on both sides. (6) Each installer or seller of sunscreening material shall provide a pressure-sensitive, self-destructive, nonremovable, vinyl-type film label to the purchaser stating that
the material complies with the provisions of KRS 189.010(20) to (23) and
subsections (1) to (5) of this section. Each installer shall affix the required label to
the inside left door jamb of the motor vehicle. In addition, the label shall state the
trade name of the material and the installer's or seller's business name. Labeling is
not required for factory glazing which complies with Federal Motor Vehicle Safety
Standard No. 205. (7) Every percentage measurement required by subsections (3) and (4) of this section is subject to a tolerance of plus or minus three percent (3%). (8) A person shall not install window tinting materials on a vehicle that fails to meet the minimum standards for light transmission pursuant to subsections (3) and (4) of this
section. Tinted material that fails to meet the minimum standards for light
transmission pursuant to subsections (3) and (4) of this section shall be removed
immediately. (9) A person who applies sunscreening materials in violation of this section shall be guilty upon conviction of a Class B misdemeanor. (10) Nothing in this section shall prevent the display of a representation of the American flag on the rear window of any motor vehicle, including any vehicle owned by a
local or state government, provided that the representation does not exceed a size of
five (5) inches by eight (8) inches and is placed in a lower corner of the rear
window. (11) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be so
constructed as to be controlled by the operator of the vehicle. (12) Nothing in this section shall be construed to prevent the use of any window which is composed of, covered by, or treated with any material or component in a manner
approved by federal statute or regulation if the window was a component part of a
vehicle at the time of the vehicle manufacture, or the replacement of any window by
a covering which meets these requirements. Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 42, sec. 11, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 244, sec. 2, effective July 15, 1988. -- Amended 1970 Ky. Acts Page 3 of 3 ch. 283, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 2739g-69c.