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  1. #1
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    Default California and confusing windshield law.

    I'm confused about the way the California law on windshield and window obstruction is worded. Does it indirectly prohibit radar detectors from being installed on the windshield? Have any California drivers ever gotten pulled over for having their RD on their windshield?

    Material Obstructing or Reducing Driver's View

    26708. (a) (1) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

    (2) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows.

    (3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice.

    (b) This section does not apply to any of the following:

    (1) Rearview mirrors.

    (2) Adjustable nontransparent sunvisors which are mounted forward of the side windows and are not attached to the glass.

    (3) Signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials which are displayed in a 5-inch square in the lower corner of the windshield nearest the driver.

    (4) Side windows which are to the rear of the driver.

    (5) Direction, destination, or termini signs upon a passenger common carrier motor vehicle or a schoolbus, if those signs do not interfere with the driver's clear view of approaching traffic.

    (6) Rear window wiper motor.

    (7) Rear trunk lid handle or hinges.

    (8) The rear window or windows, when the motor vehicle is equipped with outside mirrors on both the left- and right-hand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.

    (9) A clear, transparent lens affixed to the side window opposite the driver on a vehicle greater than 80 inches in width and which occupies an area not exceeding 50 square inches of the lowest corner toward the rear of that window and which provides the driver with a wide-angle view through the lens.

    (10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a letter or other document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition, or has in his or her possession a letter or other document signed by a licensed optometrist certifying that the person must be shaded from the sun due to a visual condition. The devices authorized by this paragraph shall not be used during darkness.

    (11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:

    (A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.

    (B) The capability for electronic toll and traffic management on public or private roads or facilities.

    (c) Notwithstanding subdivision (a), transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the following conditions apply:

    (1) The bottom edge of the material is at least 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface.

    (2) The material is not red or amber in color.

    (3) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield.

    (4) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield without the material.

    (d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:

    (1) The material has a minimum visible light transmittance of 88 percent.

    (2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

    (3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.

    (4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.

    (5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.

  2. #2
    Street Lawyer
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    Default Re: California and confusing windshield law.

    Quote Originally Posted by Brakefade
    I'm confused about the way the California law on windshield and window obstruction is worded. Does it indirectly prohibit radar detectors from being installed on the windshield? Have any California drivers ever gotten pulled over for having their RD on their windshield?

    Material Obstructing or Reducing Driver's View

    26708. (a) (1) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

    (2) No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows.

    (3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice.

    (b) This section does not apply to any of the following:

    (1) Rearview mirrors.

    (2) Adjustable nontransparent sunvisors which are mounted forward of the side windows and are not attached to the glass.

    (3) Signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials which are displayed in a 5-inch square in the lower corner of the windshield nearest the driver.

    (4) Side windows which are to the rear of the driver.

    (5) Direction, destination, or termini signs upon a passenger common carrier motor vehicle or a schoolbus, if those signs do not interfere with the driver's clear view of approaching traffic.

    (6) Rear window wiper motor.

    (7) Rear trunk lid handle or hinges.

    (8) The rear window or windows, when the motor vehicle is equipped with outside mirrors on both the left- and right-hand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.

    (9) A clear, transparent lens affixed to the side window opposite the driver on a vehicle greater than 80 inches in width and which occupies an area not exceeding 50 square inches of the lowest corner toward the rear of that window and which provides the driver with a wide-angle view through the lens.

    (10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a letter or other document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition, or has in his or her possession a letter or other document signed by a licensed optometrist certifying that the person must be shaded from the sun due to a visual condition. The devices authorized by this paragraph shall not be used during darkness.

    (11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:

    (A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.

    (B) The capability for electronic toll and traffic management on public or private roads or facilities.

    (c) Notwithstanding subdivision (a), transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the following conditions apply:

    (1) The bottom edge of the material is at least 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface.

    (2) The material is not red or amber in color.

    (3) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield.

    (4) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield without the material.

    (d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:

    (1) The material has a minimum visible light transmittance of 88 percent.

    (2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

    (3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.

    (4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.

    (5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.
    the law directly bans ANYTHING from being affixed to the windshield or front side windows(The law bans ALL windows actually, but gives an exception for back side windows and back window if the vehicle is equipped with mirros). This includes, but is not limited to, radar detectors, GPS units, window tint, etc.. NOTHING can be affixed to the windshield or front side windows WITH THE *ONLY* exceptions listed in subsection (b)

  3. #3
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    TX
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    Default

    so If you hung it from the rear view mirror would that be legal?

  4. #4
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    Los Angeles, CA
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    Default

    I don't really know. I guess it all depends on what they mean by "driver's clear view through the windshield or side windows" in section a-2. Does the windshield have to be 100% clear, aside from the rear view mirror? Does that mean that wiper blades are illegal?

    I hate it when hippies try making laws.

  5. #5
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    May 2005
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    Daytona Beach, FL
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    Default

    During the 10 years I lived in CA (94-04) I never heard about anyone getting a ticket for windshield obstruction. I used my RD regularly mounted that way.

  6. #6
    Street Lawyer
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    Default

    Quote Originally Posted by edweird
    During the 10 years I lived in CA (94-04) I never heard about anyone getting a ticket for windshield obstruction. I used my RD regularly mounted that way.
    I got pulled over in my own driveway of all places, this cop was following me, I had no idea what his deal was. He approached my truck and told me he COULD give me a ticket for my radar detector. I informed him there's no law making radar detector's illegal, that's when he told me that you can't have anything affixed to your windshield and let me off with a warning...

  7. #7
    Street Lawyer
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    Default

    Quote Originally Posted by Brakefade
    I don't really know. I guess it all depends on what they mean by "driver's clear view through the windshield or side windows" in section a-2. Does the windshield have to be 100% clear, aside from the rear view mirror? Does that mean that wiper blades are illegal?

    I hate it when hippies try making laws.
    Section a2 is really unenforceable. They have a similar law in Arkansas that they used to try to do some drug bust, all the charges got thrown out, including the 'clear view obstruction' charge, for the simple reason that it is officer's 'speculation' that the clear view was obstructed, as the driver is not as tall as the driver(or taller), wasn't sitting in the drivers seat, or even driving the car. However I wouldn't recomend hanging an RD from your rear view mirror lmfao, without it suctioncupped to the window(which is illegal) that thing will be flying everywhere. As for the window wipers...

    California Vehicle Code
    26706. (a) Every motor vehicle, except motorcycles, equipped with a
    windshield shall also be equipped with a self-operating windshield
    wiper.

    26707. Windshield wipers required by this code shall be maintained
    in good operating condition and shall provide clear vision through
    the windshield for the driver. Wipers shall be operated under
    conditions of fog, snow, or rain and shall be capable of effectively
    clearing the windshield under all ordinary storm or load conditions
    while the vehicle is in operation.
    [/quote]

  8. #8
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    On your six, get outta my way!
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    Default

    Ive seen a below the mirror mount on another website. it looks cool, but i dont like the idea of my detector being visible, especially to the police. In some states, you arent allowed to 'hang' anything from your RVM. Im not sure if a mounted RD would apply.

  9. #9
    Radar Fanatic
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    Default

    MN has that same law, and I have never been talked to about it, and neither has anyone that I know that runs an RD. I say you and anyone in CA and MN are safe with those laws.

  10. #10
    Good Citizen
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    Default

    "(11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:

    (A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device. "

    I believe that a radar detector is an electronic communication device that is capable of receiving communication from the Highway Patrol. You'd probably have to have a really good lawyer to argue that case, but either way, a ticket for an RD hanging from the window is preferable to a speeding ticket.

 

 

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