VIRGINIA LEGISLATIVE ALERT
Statutory Clarification
To: Virginia
Manufacturers, Distributors, and Installers
From: Darrell Smith,
Executive Director
Lynwood Butner, Legislative Consultant
Date: July 1, 2009
Subject: Virginia
Medical Exemption
During the month
of June 2009, a call was received from a member of IWFA
regarding the appropriate sun-shading allowances for medical waivers
on v
vehicle front windshields in Virginia. Discussions with the State
Police
i indicated that the law
is very clear regarding the medical waiver for the front
windshield. Section 46.2-1053 of the Code of Virginia specifies
that “Such
sun-shading or tinting film 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.”
The confusion
seems to be created by the DMV Sun-Shading Medical
Waiver Application form (MED 20) that reflects the law in a chart
that
indicates the medical waiver for the front windshield is 70%,
without clarifying this as a net rather than a film
requirement. A number of members for years have
interpreted the form to allow for 70 percent film on the front
windshield which
is a violation of state law.
After many
discussions with State Police safety officials and our members,
it was clear that there was unintentional confusion and that, as a
result, members
would be advised of the appropriate medical exemption standard.
Contacts have been made with the Department of Motor Vehicles
officials to modify form
MED 20 (1/27/09) to clarify that the medical allowance is a net
requirement and not a film standard.
The Departments
of State Police and Motor Vehicles have been extremely
helpful in clarifying this issue. All members should comply with the
statutory provision of 70 percent net visible
light transmittance in accordance with the
Virginia Code for medical waivers.
