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Public Act 096-0530
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| HB4327 Enrolled |
LRB096 08455 AJT 18573 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 12-503 as follows:
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(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
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Sec. 12-503. Windshields must be unobstructed and equipped |
with wipers.
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(a) No person shall drive a motor vehicle with any sign, |
poster, window
application, reflective material, nonreflective |
material or tinted film
upon the front windshield, sidewings or |
side windows immediately adjacent
to each side of the driver. A |
nonreflective tinted film may be used along
the uppermost |
portion of the windshield if such material does not extend
more |
than 6 inches down from the top of the windshield. Nothing in |
this
Section shall create a cause of action on behalf of a |
buyer against a
dealer or manufacturer who sells a motor |
vehicle with a window which is in
violation of this Section.
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(a-5) No person shall install or repair any material |
prohibited by subsection (a) of this Section. |
(1) Nothing in this subsection shall prohibit a person |
from removing or altering any material prohibited by |
subsection (a) to make a motor vehicle comply with the |
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requirements of this Section. |
(2) Nothing in this subsection shall prohibit a person |
from installing window treatment for a person with a |
medical condition described in subsection (g) of this |
Section. An installer who installs window treatment for a |
person with a medical condition described in subsection (g) |
must obtain a copy of the certified statement or letter |
written by a physician described in subsection (g) from the |
person with the medical condition prior to installing the |
window treatment. The copy of the certified statement or |
letter must be kept in the installer's permanent records. |
(b) Nothing contained in this Section shall prohibit the |
use of
nonreflective, smoked or tinted glass, nonreflective |
film, perforated
window screen or other decorative window |
application on windows to the rear
of the driver's seat, except |
that any motor vehicle with a window to the
rear of the |
driver's seat treated in this manner shall be equipped with a
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side mirror on each side of the motor vehicle which are in |
conformance with
Section 12-502.
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(c) No person shall drive a motor vehicle with any objects |
placed or
suspended between the driver and the front |
windshield, rear
window, side wings or side windows immediately |
adjacent to each side of
the driver which materially obstructs |
the driver's view.
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(d) Every motor vehicle, except motorcycles, shall be |
equipped with a
device, controlled by the driver, for cleaning |
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rain, snow, moisture or other
obstructions from the windshield; |
and no person shall drive a motor vehicle
with snow, ice, |
moisture or other material on any of the windows or
mirrors, |
which materially obstructs the driver's clear view of the |
highway.
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(e) No person shall drive a motor vehicle when the |
windshield, side or
rear windows are in such defective |
condition or repair as to materially
impair the driver's view |
to the front, side or rear. A vehicle equipped
with a side |
mirror on each side of the vehicle which are in conformance
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with Section 12-502 will be deemed to be in compliance in the |
event the
rear window of the vehicle is materially obscured.
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(f) Paragraphs (a) and (b) of this Section shall not apply |
to:
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(1) motor vehicles manufactured prior to January 1, |
1982; or
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(2) to those motor vehicles properly registered in |
another jurisdiction.
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(g) Paragraph (a) of this Section shall not apply to any |
motor vehicle with
a window treatment, including but not |
limited to a window application,
reflective material, |
nonreflective material, or tinted film, applied or affixed
to a |
motor vehicle that:
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(1) is owned and operated by a person afflicted with or |
suffering
from a medical illness, ailment, or disease, |
including but not limited to systemic or discoid lupus |
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erythematosus, disseminated superficial actinic |
porokeratosis, or albinism, which would require that |
person
to be shielded from the direct rays of the sun; or
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(2) is used in transporting a person when the person
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resides at
the same address as the registered owner of the |
vehicle and the
person is
afflicted with or suffering from |
a medical illness, ailment or disease
which would require |
the person to be shielded from the direct rays
of the
sun, |
including but not limited to systemic or discoid lupus |
erythematosus, disseminated superficial actinic |
porokeratosis, or albinism.
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The owner must obtain a certified statement or letter |
written by a physician licensed to practice medicine in
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Illinois that such person owning and operating or being |
transported in a motor
vehicle is afflicted with or suffers |
from such illness, ailment, or disease, including but not |
limited to systemic or discoid lupus erythematosus, |
disseminated superficial actinic porokeratosis, or |
albinism, and
such certification must be carried in the |
motor vehicle at all times. The
certification shall be |
legible and shall contain the date of issuance, the
name, |
address and signature of the attending physician, and the |
name, address,
and medical condition of the person |
requiring exemption. The information on
the certificate |
for a window treatment must remain current and shall be |
renewed
annually by the attending physician. The owner |
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shall also submit a copy of the certification to
the |
Secretary of
State. The Secretary of State may forward |
notice of certification to law
enforcement agencies.
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(g-5) (Blank). |
(h) Paragraph (a) of this Section shall not apply to motor |
vehicle
stickers or other certificates issued by State or local |
authorities which
are required to be displayed upon motor |
vehicle windows to evidence
compliance with requirements |
concerning motor vehicles.
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(i) Those motor vehicles exempted under paragraph (f)(1) of |
this Section
shall not cause their windows to be treated as |
described in paragraph (a) after
January 1, 1993.
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(j) A person found guilty of violating paragraphs (a), |
(a-5), (b), or (i) of this
Section shall be guilty of a petty |
offense and fined no less than $50 nor more
than $500. A second |
or subsequent violation of paragraphs (a), (a-5), (b), or (i) |
of
this Section shall be treated as a Class C misdemeanor and |
the violator fined
no less than $100 nor more than $500. Any |
person convicted under paragraphs
(a), (b), or (i) of this |
Section shall be ordered to alter any
nonconforming windows |
into compliance with this Section. |
(k) The Secretary of State shall provide a notice of the |
requirements of this Section to a new resident applying for |
vehicle registration in this State pursuant to Section 3-801 of |
this Code. The Secretary of State may comply with this |
subsection by posting the requirements of this Section on the |