| Windshields | | Print | |
| Tuesday, 05 June 2007 06:29 |
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Disclaimer: This section is intended to educate riders on legal issues common to motorcyclists. The laws are printed and interpreted as accurately as possible but we make no warranty or guarantee as to their correctness or ability to aid you in a court of law. This is intended only as a guide. If you have any legal issues, you are encouraged to contact an attorney. Windshields: 26700(a), 26701(d), 26708(a), 26710 Summary: Windshields also refers to windscreens. Motorcycles are NOT required to have a windshield. Windshields can not be red, blue, or amber translucent material. A windshield can not be in a condition, or have anything affixed or attached to it that would inhibit your clear, unobstructed view of the road ahead. Opinion: The law as it pertains to motorcycles is very vague. All the codes are obviously geared toward vehicles where the driver must view through the windshield. Since motorcycles are not required to have windshields, most of the windshield codes should not apply to motorcycles unless your windshield extends high enough that you look through it. Since most sportbike windshields are too low to look through, the only law that seems to apply is that it can not be translucent (see-thru) red, blue, or amber. The purpose of these codes is obvious: you must have a clear, unobstructed view of the road. Since most sportbike windshields are not looked through, codes pertaining to tinting or painting over or affixing stickers do not apply. Some judges may have difficulty understanding this so when fighting a ticket under these codes, it may be necessary to take your case to the appellate division. 26700(a): Except as provided in subdivision (b), a passenger vehicle, other than a motorcycle, and every bus, motortruck or truck tractor, and every firetruck, fire engine or other fire apparatus, whether publicly or privately owned, shall be equipped with an adequate windshield. 26701(d): No person shall sell, offer for sale, or operate any motor vehicle equipped with red, blue, or amber translucent aftermarket material in any partitions, windows, windshields, or wind deflectors. 26708(a)(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. 26710: It is unlawful to operate any motor vehicle upon a highway when the windshield or rear window is in such a defective condition as to impair the driver's vision either to the front or rear.
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