Although I do not spend much time on social media, I saw a post regarding law enforcement and a recent traffic stop due to items hanging from this person’s rear-view mirror. I thought this would be a great opportunity to share the specific statute related to this situation.

Much effort has gone into the design of the average passenger vehicle, including concerns such as restraints, impact design, safety glass, etc. Another big improvement over the years has been the improvement of visibility for the driver, eliminating such things as blind spots. Unfortunately, we undermine some of these design breakthroughs by our actions. We create obstructions through window tinting, hanging items from the inside mirror, and failing to repair windshield damage. 

Transportation code 305.34(6) covers matters regarding windshields and obstructions to them.

“Nothing may be placed or suspended in or on the vehicle or windshield so as to obstruct the driver's clear vision through the windshield. There may not be any posters, stickers, or other nontransparent material, other than a certificate or sticker issued by order of a governmental agency, located on the windshield or located between the driver and the windshield.”

Transportation Code 305.34(3) covers damage to windshields.

“The windshield may not be excessively cracked or damaged. A windshield is excessively cracked or damaged if:

Trans 305.34(3)(a) (a) The windshield has a crack inside, or which extends inside, the windshield critical area.

Trans 305.34(3)(b) (b) The windshield has cracks which extend into any area more than 8 inches from the frame.

Trans 305.34(3)(c) (c) The windshield has stone or shot damage with a diameter in excess of ½ inch in the windshield critical area or in excess of 1½ inches in diameter in any other area.

The code refers to the “Critical Area” of the windshield for obstructions or defects, which, in simple terms, means any portion of the windshield covered by the windshield wipers.

In the upcoming weeks, I will continue to share statutes related to vehicle equipment. I feel this is a greatly misunderstood area of the laws we enforce, and as with so many things in our world, it is very important to understand the “why” behind these laws.