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Full Text of HB0733  100th General Assembly

HB0733enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB0733 EnrolledLRB100 05691 AXK 15711 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Brendan's Law.
 
5    Section 5. The Illinois Vehicle Code is amended by changing
6Section 12-503 as follows:
 
7    (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)
8    Sec. 12-503. Windshields must be unobstructed and equipped
9with wipers.
10    (a) No person shall drive a motor vehicle with any sign,
11poster, window application, reflective material, nonreflective
12material or tinted film upon the front windshield, except that
13a nonreflective tinted film may be used along the uppermost
14portion of the windshield if such material does not extend more
15than 6 inches down from the top of the windshield.
16    (a-3) No new or used motor vehicle dealer shall permit a
17driver to drive a motor vehicle offered for sale or lease off
18the premises where the motor vehicle is being offered for sale
19or lease, including when the driver is test driving the
20vehicle, with signs, decals, paperwork, or other material on
21the front windshield or on the windows immediately adjacent to
22each side of the driver that would obstruct the driver's view

 

 

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1in violation of subsection (a) of this Section. For purposes of
2this subsection (a-3), "test driving" means when a driver, with
3permission of the new or used vehicle dealer or employee of the
4new or used vehicle dealer, drives a vehicle owned and held for
5sale or lease by a new or used vehicle dealer that the driver
6is considering to purchase or lease.
7    (a-5) No window treatment or tinting shall be applied to
8the windows immediately adjacent to each side of the driver,
9except:
10        (1) On vehicles where none of the windows to the rear
11    of the driver's seat are treated in a manner that allows
12    less than 30% light transmittance, a nonreflective tinted
13    film that allows at least 50% light transmittance, with a
14    5% variance observed by any law enforcement official
15    metering the light transmittance, may be used on the
16    vehicle windows immediately adjacent to each side of the
17    driver.
18        (2) On vehicles where none of the windows to the rear
19    of the driver's seat are treated in a manner that allows
20    less than 35% light transmittance, a nonreflective tinted
21    film that allows at least 35% light transmittance, with a
22    5% variance observed by any law enforcement official
23    metering the light transmittance, may be used on the
24    vehicle windows immediately adjacent to each side of the
25    driver.
26        (3) (Blank).

 

 

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1        (4) On vehicles where a nonreflective smoked or tinted
2    glass that was originally installed by the manufacturer on
3    the windows to the rear of the driver's seat, a
4    nonreflective tint that allows at least 50% light
5    transmittance, with a 5% variance observed by a law
6    enforcement official metering the light transmittance, may
7    be used on the vehicle windows immediately adjacent to each
8    side of the driver.
9    (a-10) No person shall install or repair any material
10prohibited by subsection (a) of this Section.
11        (1) Nothing in this subsection shall prohibit a person
12    from removing or altering any material prohibited by
13    subsection (a) to make a motor vehicle comply with the
14    requirements of this Section.
15        (2) Nothing in this subsection shall prohibit a person
16    from installing window treatment for a person with a
17    medical condition described in subsection (g) of this
18    Section. An installer who installs window treatment for a
19    person with a medical condition described in subsection (g)
20    must obtain a copy of the certified statement or letter
21    written by a physician described in subsection (g) from the
22    person with the medical condition prior to installing the
23    window treatment. The copy of the certified statement or
24    letter must be kept in the installer's permanent records.
25    (b) On motor vehicles where window treatment has not been
26applied to the windows immediately adjacent to each side of the

 

 

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1driver, the use of a perforated window screen or other
2decorative window application on windows to the rear of the
3driver's seat shall be allowed.
4    (b-5) Any motor vehicle with a window to the rear of the
5driver's seat treated in this manner shall be equipped with a
6side mirror on each side of the motor vehicle which are in
7conformance with Section 12-502.
8    (c) No person shall drive a motor vehicle with any objects
9placed or suspended between the driver and the front
10windshield, rear window, side wings or side windows immediately
11adjacent to each side of the driver which materially obstructs
12the driver's view.
13    (d) Every motor vehicle, except motorcycles, shall be
14equipped with a device, controlled by the driver, for cleaning
15rain, snow, moisture or other obstructions from the windshield;
16and no person shall drive a motor vehicle with snow, ice,
17moisture or other material on any of the windows or mirrors,
18which materially obstructs the driver's clear view of the
19highway.
20    (e) No person shall drive a motor vehicle when the
21windshield, side or rear windows are in such defective
22condition or repair as to materially impair the driver's view
23to the front, side or rear. A vehicle equipped with a side
24mirror on each side of the vehicle which are in conformance
25with Section 12-502 will be deemed to be in compliance in the
26event the rear window of the vehicle is materially obscured.

 

 

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1    (f) Paragraphs (a), (a-5), (b), and (b-5) of this Section
2shall not apply to:
3        (1) (Blank).
4        (2) those motor vehicles properly registered in
5    another jurisdiction.
6    (g) Paragraphs (a) and (a-5) of this Section shall not
7apply to window treatment, including but not limited to a
8window application, nonreflective material, or tinted film,
9applied or affixed to a motor vehicle for which distinctive
10license plates or license plate stickers have been issued
11pursuant to subsection (k) of Section 3-412 of this Code, and
12which:
13        (1) is owned and operated by a person afflicted with or
14    suffering from a medical disease, including but not limited
15    to systemic or discoid lupus erythematosus, disseminated
16    superficial actinic porokeratosis, or albinism, which
17    would require that person to be shielded from the direct
18    rays of the sun; or
19        (2) is used in transporting a person when the person
20    resides at the same address as the registered owner of the
21    vehicle and the person is afflicted with or suffering from
22    a medical disease which would require the person to be
23    shielded from the direct rays of the sun, including but not
24    limited to systemic or discoid lupus erythematosus,
25    disseminated superficial actinic porokeratosis, or
26    albinism.

 

 

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1        The owner must obtain a certified statement or letter
2    written by a physician licensed to practice medicine in
3    Illinois that such person owning and operating or being
4    transported in a motor vehicle is afflicted with or suffers
5    from such disease, including but not limited to systemic or
6    discoid lupus erythematosus, disseminated superficial
7    actinic porokeratosis, or albinism. However, no exemption
8    from the requirements of subsection (a-5) shall be granted
9    for any condition, such as light sensitivity, for which
10    protection from the direct rays of the sun can be
11    adequately obtained by the use of sunglasses or other eye
12    protective devices.
13        Such certification must be carried in the motor vehicle
14    at all times. The certification shall be legible and shall
15    contain the date of issuance, the name, address and
16    signature of the attending physician, and the name,
17    address, and medical condition of the person requiring
18    exemption. The information on the certificate for a window
19    treatment must remain current and shall be renewed every 4
20    years by the attending physician. The owner shall also
21    submit a copy of the certification to the Secretary of
22    State. The Secretary of State may forward notice of
23    certification to law enforcement agencies.
24    (g-5) (Blank).
25    (g-7) Installers shall only install window treatment
26authorized by subsection (g) on motor vehicles for which

 

 

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1distinctive plates or license plate stickers have been issued
2pursuant to subsection (k) of Section 3-412 of this Code. The
3distinctive license plates or plate sticker must be on the
4motor vehicle at the time of window treatment installation.
5    (h) Paragraph (a) of this Section shall not apply to motor
6vehicle stickers or other certificates issued by State or local
7authorities which are required to be displayed upon motor
8vehicle windows to evidence compliance with requirements
9concerning motor vehicles.
10    (i) (Blank).
11    (j) A person found guilty of violating paragraphs (a),
12(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
13shall be guilty of a petty offense and fined no less than $50
14nor more than $500. A second or subsequent violation of
15paragraphs (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
16this Section shall be treated as a Class C misdemeanor and the
17violator fined no less than $100 nor more than $500. Any person
18convicted under paragraphs (a), (a-5), (b), or (b-5) of this
19Section shall be ordered to alter any nonconforming windows
20into compliance with this Section.
21    (k) Except as provided in subsection (a-3) of this Section,
22nothing Nothing in this Section shall create a cause of action
23on behalf of a buyer against a vehicle dealer or manufacturer
24who sells a motor vehicle with a window which is in violation
25of this Section.
26    (l) The Secretary of State shall provide a notice of the

 

 

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1requirements of this Section to a new resident applying for
2vehicle registration in this State pursuant to Section 3-801 of
3this Code. The Secretary of State may comply with this
4subsection by posting the requirements of this Section on the
5Secretary of State's website.
6    (m) A home rule unit may not regulate motor vehicles in a
7manner inconsistent with this Section. This Section is a
8limitation under subsection (i) of Section 6 of Article VII of
9the Illinois Constitution on the concurrent exercise by home
10rule units of powers and functions exercised by the State.
11(Source: P.A. 98-153, eff. 1-1-14; 98-737, eff. 1-1-15.)
 
12    Section 99. Effective date. This Act takes effect January
131, 2018.