HB 368: RELATING TO MOTOR VEHICLE SUN SCREENING DEVICES.

A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE SUN SCREENING DEVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 291-21.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  This section shall not apply to:

     (1)  Rearview mirrors;

     (2)  Adjustable nontransparent sun visors [which] that are mounted forward of the side windows and are not attached to the glazing material;

     (3)  Signs, stickers, or other materials [which] that are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials [which] that are displayed in a five-inch square in the lower corner of the windshield nearest the driver;

     (4)  Rear trunk lid handle or hinges;

     (5)  Window wipers and window wiper motors;

     (6)  Transparent sun screening film materials [which] that are installed, affixed, or applied along the top edge of the windshield so long as [such] the materials do not encroach upon the AS-1 portion of the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield [moulding] molding if no AS-1 markings can be found in the left or right upper margin of the windshield;

     (7)  Sun screening devices for front side wing vents and windows [which,] that, when used in conjunction with the glazing material have a light transmittance of no less than [thirty-five] twenty-five per cent plus or minus six per cent;

     (8)  Sun screening devices for side windows necessary for driving visibility [which] that are to the rear of the driver and for rear windows necessary for driving visibility [which,] that, when used in conjunction with the glazing material, have a light transmittance of no less than [thirty-five] twenty-five per cent plus or minus six per cent;

     (9)  Side windows [which] that are to the rear of the driver and rear windows on vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides;

    (10)  Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; [or]

    (11)  Transparent sun screening materials, when applied to the AS-1 portion of the windshield, which meets the requirements of Federal Motor Vehicle Safety Standard 205[.]; or

    (12)  For motor vehicles owned by persons having light sensitivity of the eyes or skin due to a medical condition, as evidenced by documentation that shall be updated every two years from a physician licensed under chapter 453, and that cannot be resolved with eye protection devices, any sun screening devices that, when used in conjunction with the glazing material, have a light transmittance of no less than twenty per cent; provided that all side wing vents and side rear windows to which a tint has been applied in excess of the level permitted under paragraphs (7) and (8) shall be rolled down when the motor vehicle is stopped by a law enforcement officer at a traffic stop."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Motor Vehicles; Safety; Equipment; Sun Screening Devices; Window Tinting; Exemptions

Description:

Exempts from restrictions on light transmittance percentages, up to a certain percent, of certain motor vehicle sun screening devices for persons having light sensitivity of the eyes due to a medical condition.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to motor vehicle sun screening devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 291-21.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  This section shall not apply to:

     (1)  Rearview mirrors;

     (2)  Adjustable nontransparent sun visors [which] that are mounted forward of the side windows and are not attached to the glazing material;

     (3)  Signs, stickers, or other materials [which] that are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials [which] that are displayed in a five-inch square in the lower corner of the windshield nearest the driver;

     (4)  Rear trunk lid handle or hinges;

     (5)  Window wipers and window wiper motors;

     (6)  Transparent sun screening film materials [which] that are installed, affixed, or applied along the top edge of the windshield so long as [such] the materials do not encroach upon the AS-1 portion of the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield [moulding] molding if no AS-1 markings can be found in the left or right upper margin of the windshield;

     (7)  Sun screening devices for front side wing vents and windows [which,] that, when used in conjunction with the glazing material have a light transmittance of no less than [thirty-five] twenty-five per cent plus or minus six per cent;

     (8)  Sun screening devices for side windows necessary for driving visibility [which] that are to the rear of the driver and for rear windows necessary for driving visibility [which,] that, when used in conjunction with the glazing material, have a light transmittance of no less than [thirty-five] twenty-five per cent plus or minus six per cent;

     (9)  Side windows [which] that are to the rear of the driver and rear windows on vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides;

    (10)  Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; [or]

    (11)  Transparent sun screening materials, when applied to the AS-1 portion of the windshield, which meets the requirements of Federal Motor Vehicle Safety Standard 205[.]; or

    (12)  For motor vehicles owned by persons having light sensitivity of the eyes or skin due to a medical condition, as evidenced by documentation that shall be updated every two years from a physician licensed under chapter 453, and that cannot be resolved with eye protection devices, any sun screening devices that, when used in conjunction with the glazing material, have a light transmittance of no less than twenty per cent; provided that all side wing vents and side rear windows to which a tint has been applied in excess of the level permitted under paragraphs (7) and (8) shall be rolled down when the motor vehicle is stopped by a law enforcement officer at a traffic stop."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Motor Vehicles; Safety; Equipment; Sun Screening Devices; Window Tinting; Exemptions

Description:

Exempts from restrictions on light transmittance percentages, up to a certain percent, of certain motor vehicle sun screening devices for persons having light sensitivity of the eyes due to a medical condition.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  368

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 368

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 368 entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLE SUN SCREENING DEVICES,"

begs leave to report as follows:

     The purpose of this measure is to exempt from restrictions on light transmittance percentages, up to a certain percent, of certain motor vehicle sun screening devices for persons having light sensitivity of the eyes due to a medical condition.

     Your Committee received testimony in support of this measure from three individuals.  Your Committee received testimony in opposition to this measure from the Department of Transportation.

     Your Committee finds that individuals with light sensitivity due to a medical condition, such as those related to eye or skin conditions, often face difficulties driving in bright sunlight despite using protective eyewear.  Your Committee further finds that existing laws do not sufficiently accommodate these individuals, as existing restrictions on sun screening devices do not allow for the level of protection necessary for their safety and well-being.  This measure ensures individuals with light sensitivity can safely operate their vehicles without compromising their health, while still maintaining road safety standards.

     Your Committee notes that as this measure moves through the legislative process, clarification is needed on which authority should be responsible for regulating and approving medical conditions to ensure consistent enforcement and compliance with this measure.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 368, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 368, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,