Broken windshield - illegal? (Gilbert: insurance, inspection, deductible)

[Dewey59]

About 2 months ago, I got a rock chip on the 101 and the windshield cracked the next day, so I got a new one (zero deductible - yay!). Less than 3 weeks later, I got another rock chip on the 101. The cracks have been spreading slowly ever since, but not in my field of view.

Recently, someone told me that it is illegal in AZ to drive with a broken windshield. Is this true? Is it anywhere on the windshield, or just if it's in the field of view for the driver? I have been hesitating to get a new one so soon because I was worried my insurance rates would go up. Plus, if I am going to get another rock chip, I would just as soon it happen to the one that is already broken rather than another new one!

[Troglodyte74]

No, that is incorrect. If that were the law, 84% of the cars on the road would be illegal. You could be ticketed if you absolutely and obviously could not see out the windshield, but I've never heard of it.

[chaz40]

§ 393.60 Glazing in specified openings.
(a)Glazing material. Glazing material used in windshields, windows, and doors on a motor vehicle manufactured on or after December 25, 1968, shall at a minimum meet the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 205 in effect on the date of manufacture of the motor vehicle. The glazing material shall be marked in accordance with FMVSS No. 205 ( 49 CFR 571.205, S6).

(b)Windshields required. Each bus, truck and truck-tractor shall be equipped with a windshield. Each windshield or portion of a multi-piece windshield shall be mounted using the full periphery of the glazing material.

(c)Windshield condition. With the exception of the conditions listed in paragraphs (c)(1), (c)(2), and (c)(3) of this section, each windshield shall be free of discoloration or damage in the area extending upward from the height of the top of the steering wheel (excluding a 51 mm (2 inch) border at the top of the windshield) and extending from a 25 mm (1 inch) border at each side of the windshield or windshield panel. Exceptions:

(1) Coloring or tinting which meets the requirements of paragraph (d) of this section;

(2) Any crack that is not intersected by any other cracks;

(3) Any damaged area which can be covered by a disc 19 mm ( 3/4 inch) in diameter if not closer than 76 mm (3 inches) to any other similarly damaged area.

(d)Coloring or tinting of windshields and windows. Coloring or tinting of windshields and the windows to the immediate right and left of the driver is allowed, provided the parallel luminous transmittance through the colored or tinted glazing is not less than 70 percent of the light at normal incidence in those portions of the windshield or windows which are marked as having a parallel luminous transmittance of not less than 70 percent. The transmittance restriction does not apply to other windows on the commercial motor vehicle.

(e)Prohibition on obstructions to the driver's field of view - (1) Devices mounted on the interior of the windshield.

(i) Antennas, and similar devices must not be mounted more than 152 mm (6 inches) below the upper edge of the windshield. These devices must be located outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals.

(ii) Paragraph (e)(1)(i) of this section does not apply to vehicle safety technologies, as defined in § 393.5, that are mounted on the interior of a windshield. Devices with vehicle safety technologies must be mounted:

(A) Not more than 100 mm (4 inches) below the upper edge of the area swept by the windshield wipers;

(B) Not more than 175 mm (7 inches) above the lower edge of the area swept by the windshield wipers; and

(C) Outside the driver's sight lines to the road and highway signs and signals.

(2)Decals and stickers mounted on the windshield. Commercial Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/or decals required under Federal or State laws may be placed at the bottom or sides of the windshield provided such decals or stickers do not extend more than 115 mm (4 1/2 inches) from the bottom of the windshield and are located outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs or signals.

[Troglodyte74]

Originally Posted by chaz40

§ 393.60 Glazing in specified openings.
(a)Glazing material. Glazing material used in windshields, windows, and doors on a motor vehicle manufactured on or after December 25, 1968, shall at a minimum meet the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 205 in effect on the date of manufacture of the motor vehicle. The glazing material shall be marked in accordance with FMVSS No. 205 ( 49 CFR 571.205, S6).

Nice try, but I'm an Arizona lawyer. What you have cited is a Federal Motor Carrier Safety Regulation. It has no applicability to the OP or his car.

§ 393.1 Scope of the rules in this part.
(a) The rules in this part establish minimum standards for commercial motor vehicles as defined in § 390.5 of this title. Only motor vehicles (as defined in § 390.5) and combinations of motor vehicles which meet the definition of a commercial motor vehicle are subject to the requirements of this part. All requirements that refer to motor vehicles with a GVWR below 4,536 kg (10,001 pounds) are applicable only when the motor vehicle or combination of motor vehicles meets the definition of a commercial motor vehicle.

Rule #1 for studying statutes and regulations: Read the definitions.

[AZ Manager]

There is no law but you can be ticketed for it under hazardous driving conditions, completely up to the officer and unlikely to happen. There is such a large problem with rocks on our roads that most officers wouldn't waste their time on it since they would have to show up in court to defend it if you decided to fight it.

Also by law, §20-263, they can't raise your rates for an accident in AZ so go get it replaced, before they take away mandatory glass coverage (dead for now but they will keep trying).

[wit-nit]

From: How Long Can I Drive With A Cracked Windshield In Arizona? | T&S Body
Lots of people think “I’ll just keep driving until I simply can’t see, or the windshield actually shatters”. This isn’t safe for them, or anyone else on the road. You see people cruising around with broken and cracked windshields all the time, but it doesn’t mean it is safe or smart.
There isn’t a timer that starts when you get a crack in your windshield. The question “how long can I drive with a cracked windshield?” is similar to “how long can I drive without a license?”. Both can get you pulled over, and both can get you a ticket.

The state of Arizona clearly lists that any windshield with a crack over a quarter inch wide should be repaired or replaced. This statue is for the driver’s side of the windshield. With that said it is ultimately up to law-enforcement if the damage is impairing your ability to drive safely.

If you do get pulled over with a cracked windshield the ticket can be range from $100-$150 dollars. Many times in Arizona wind shield replacement has no deductable for drivers with comprehensive vehicle insurance. This means that the ticket is much more than you will be paying to get your windshield replaced. It’s a good idea to check with your insurance company when you are signing up or renewing policies to find out if you are covered for free windshield replacement.

[Troglodyte74]

Originally Posted by wit-nit

From: How Long Can I Drive With A Cracked Windshield In Arizona? | T&S Body
Lots of people think “I’ll just keep driving until I simply can’t see, or the windshield actually shatters”. This isn’t safe for them, or anyone else on the road. You see people cruising around with broken and cracked windshields all the time, but it doesn’t mean it is safe or smart.
There isn’t a timer that starts when you get a crack in your windshield. The question “how long can I drive with a cracked windshield?” is similar to “how long can I drive without a license?”. Both can get you pulled over, and both can get you a ticket.

The state of Arizona clearly lists that any windshield with a crack over a quarter inch wide should be repaired or replaced. This statue is for the driver’s side of the windshield. With that said it is ultimately up to law-enforcement if the damage is impairing your ability to drive safely.

If you do get pulled over with a cracked windshield the ticket can be range from $100-$150 dollars. Many times in Arizona wind shield replacement has no deductable for drivers with comprehensive vehicle insurance. This means that the ticket is much more than you will be paying to get your windshield replaced. It’s a good idea to check with your insurance company when you are signing up or renewing policies to find out if you are covered for free windshield replacement.

If T&S Body promises to stop practicing law, I will promise not to enter the windshield replacement business. T&S Body is trying to sell windshields, period.

Read my lips: THERE IS NO SUCH STATUTE IN ARIZONA. Thank you.

Arizona requires a vehicle to have an "adequate" windshield. In addition to practicing law since 1982, I have been licensed to drive in Arizona since 1966. I have never HEARD of anyone being cited because a windshield was "inadequate" due to cracks.

[AZ Manager]

Originally Posted by Troglodyte74

If T&S Body promises to stop practicing law, I will promise not to enter the windshield replacement business. T&S Body is trying to sell windshields, period.

Read my lips: THERE IS NO SUCH STATUTE IN ARIZONA. Thank you.

Arizona requires a vehicle to have an "adequate" windshield. In addition to practicing law since 1982, I have been licensed to drive in Arizona since 1966. I have never HEARD of anyone being cited because a windshield was "inadequate" due to cracks.

I get what you are trying to do but you are a bit out of line, and likely beyond the scope of your legal practice I'd bet. Here's an article with a Gilbert PD spokesperson stating how they write tickets for windshields, from 2016 mind you so it is fairly recent. Just because you haven't heard of it doesn't mean it doesn't happen.

Police mostly see cracked glass as safety hazard, not violation | Arizona | eastvalleytribune.com

[locolobo13]

I've never received a ticket for it but have been issued a repair order or warning. OTOH I haven't had a vehicle of any make or model in the last 20 yrs that didn't get crack in the windshield somewhere. As long as the cracks don't block my vision or start lining up to combine into a potential hole I don't worry about it.

But it brings up the question. Why don't windshields last longer than a year or two before developing cracks?

[Dewey59]

Thanks all. I think I will stretch it until the crack comes into my field of vision. Sounds like the risk is low that the cops will bother me and if they do, I can get it replaced then without paying a fine. As I mentioned, I don't want to replace the windshield only to get another chip a few weeks later.

The other day, I seen a truck hauling all kinds of yard / household debris on Grand. He had no tarp on the back, and stuff was flying out all over. I assume THAT is against the law - if not, it definitely SHOULD be! With jerks like that on the road, no wonder we get so many cracked windshields!

To answer your question locolobo13, it is very very rare for a windshield to crack on it's own (it is possible due to too tight of a fit, but very uncommon). Probably 99% of windshield cracks originate from an initial impact of some kind (usually a rock at high speed). Sometimes, as in the case of my most recent one, the rock chip is barely visible. Mine was right at the top of the glass and then the crack spread from there downward and across the glass.