SECTION 9D. Windshields and windows obscured by nontransparent materials

No person shall operate any motor vehicle upon any public way or upon any way to which the public shall have the right of access with any of the following affixed thereto:

(1) a sign, poster or sticker on the front windshield, the side windows immediately adjacent to the operator's seat and the front passenger seat, the side windows immediately to the rear of the operator's seat and the front passenger seat and the rear window in such a manner so as to obstruct, impede or distort the vision of the operator.

(2) nontransparent or sunscreen material, window application, reflective film or nonreflective film used in any way to cover or treat the front windshield, the side windows immediately adjacent to the right and left of the operator's seat, the side windows immediately to the rear of the operator's seat and the front passenger seat and the rear window, so as to make such windshield and said window glass areas in any way nontransparent or obscured from either the interior or exterior thereof.

This section shall not apply to:

(1) motor vehicles manufactured with windshields and window glass areas equipped in accordance with specifications of 49 Code of Federal Regulations 571.205 as authorized by 15 USC 1407.

(2) the use of draperies, louvers, or other special window treatments, except those specifically designated in this section, on the rear window, or a side window to the rear of the driver if the vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(3) federal, state and local law enforcement agencies, watch guard or patrol agencies licensed under the provisions of section twenty-five of chapter one hundred and forty-seven and college, university and hospital police agencies appointed under the provisions of section sixty-three of chapter twenty-two C utilizing K–9 teams in a motor vehicle while in the regular performance of their duties provided said motor vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(4) the use of nontransparent or sunscreen material or window application which has a total visible light reflectance of not more than thirty-five per cent or a visible light transmittance of not less than thirty-five per cent on the side windows immediately adjacent to the right and left of the operator's seat, the side windows immediately to the rear of the operator's seat and the front passenger seat or on the rear window if the vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of the highway behind the vehicle.

(5) the use of any transparent material limited to the uppermost 6'' along the top of the windshield, provided such strip does not encroach upon the driver's direct forward viewing area as more particularly described and defined in applicable Federal Motor Vehicle Safety Standards.

(6) a vehicle registered in another state, territory or another country or province.

(7) the use of nontransparent or sunscreen material, window application, reflective film or nonreflective film used in any way to cover or treat the side windows immediately to the rear of the operator's seat and the front passenger seat and the rear window so as to make such window glass areas in any way nontransparent or obscured from either the interior or exterior thereof of a private passenger motor vehicle registered under the provisions of this chapter for public livery and hired for that purpose for any period of time which exclusion shall not include a taxicab.

(8) special window treatment or application determined necessary by a licensed physician, for the protection of the owner or operator of a private passenger motor vehicle who is determined to be light or photosensitive. Applications for such exemption based upon such medical reason or reasons shall be made in writing to the medical advisory board established under section eight C. All applications must be supported by a written attestation of a physician licensed to practice in this commonwealth of the necessity thereof. Upon granting of such exemption by the board, the registrar shall issue a sufficiently noticeable sticker to the applicant which shall be affixed to the side window immediately adjacent to the operator. The registrar shall keep a record of all such exemption stickers so issued.

The registrar shall, in accordance with the provisions of section thirty-one, establish rules and regulations to provide standards to measure the aforementioned percentage of reflectance and transmittance of light, and shall provide for testing of any motor vehicle glazing alleged to be in violation of this section. A statement from the registrar attesting that such glazing treated or covered with nontransparent or sunscreen material window application or reflective film is in compliance with the provisions of this section shall be prima facie evidence of such compliance in any prosecution thereof.

No person shall manufacture, sell, offer for sale or trade, equip or operate a motor vehicle in the commonwealth in violation of the provisions of this section; provided, however, that nothing in this section shall be construed to prohibit the manufacture or sale of reflective or nonreflective film in the commonwealth.

Violations of any provisions of this section shall be punishable by a fine of not more than two hundred and fifty dollars. Upon a third or subsequent conviction of a violation of the provisions of this section, the registrar shall suspend the operator's license of a person so convicted for a period not to exceed ninety days.