Full Text of HB4329 93rd General Assembly
HB4329 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4329
Introduced 02/02/04, by Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/12-503 |
from Ch. 95 1/2, par. 12-503 |
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Amends the Illinois Vehicle Code. Provides that the exemption from the prohibition against window treatment, allowed to persons with a medical condition that requires the person to be shielded from the direct rays of the sun, applies to window treatments applied or affixed before January 1, 2008 (rather than before January 1, 1998). Provides that the medical certification for a window treatment applied or affixed before January 1, 2008 (rather than before January 1, 1998) must be kept current and must be renewed annually by the certifying physician. Provides that the exemption remains in effect until January 1, 2014 (rather than until January 1, 2008). Effective immediately.
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A BILL FOR
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HB4329 |
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LRB093 18288 DRH 43991 b |
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| AN ACT concerning vehicles.
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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 | 5 |
| 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 | 8 |
| with wipers.
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| (a) No person shall drive a motor vehicle with any sign, | 10 |
| poster, window
application, reflective material, nonreflective | 11 |
| material or tinted film
upon the front windshield, sidewings or | 12 |
| side windows immediately adjacent
to each side of the driver. A | 13 |
| nonreflective tinted film may be used along
the uppermost | 14 |
| portion of the windshield if such material does not extend
more | 15 |
| than 6 inches down from the top of the windshield. Nothing in | 16 |
| this
Section shall create a cause of action on behalf of a | 17 |
| buyer against a
dealer or manufacturer who sells a motor | 18 |
| vehicle with a window which is in
violation of this Section.
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| (b) Nothing contained in this Section shall prohibit the | 20 |
| use of
nonreflective, smoked or tinted glass, nonreflective | 21 |
| film, perforated
window screen or other decorative window | 22 |
| application on windows to the rear
of the driver's seat, except | 23 |
| that any motor vehicle with a window to the
rear of the | 24 |
| 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 | 26 |
| conformance with
Section 12-502.
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| (c) No person shall drive a motor vehicle with any objects | 28 |
| placed or
suspended between the driver and the front | 29 |
| windshield, rear
window, side wings or side windows immediately | 30 |
| adjacent to each side of
the driver which materially obstructs | 31 |
| the driver's view.
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| (d) Every motor vehicle, except motorcycles, shall be |
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HB4329 |
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LRB093 18288 DRH 43991 b |
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| equipped with a
device, controlled by the driver, for cleaning | 2 |
| rain, snow, moisture or other
obstructions from the windshield; | 3 |
| and no person shall drive a motor vehicle
with snow, ice, | 4 |
| moisture or other material on any of the windows or
mirrors, | 5 |
| which materially obstructs the driver's clear view of the | 6 |
| highway.
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| (e) No person shall drive a motor vehicle when the | 8 |
| windshield, side or
rear windows are in such defective | 9 |
| condition or repair as to materially
impair the driver's view | 10 |
| to the front, side or rear. A vehicle equipped
with a side | 11 |
| 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 | 13 |
| 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 | 15 |
| to:
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| (1) motor vehicles manufactured prior to January 1, | 17 |
| 1982; or
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| (2) to those motor vehicles properly registered in | 19 |
| another jurisdiction.
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| (g) Paragraph (a) of this Section shall not apply to any | 21 |
| motor vehicle with
a window treatment, including but not | 22 |
| limited to a window application,
reflective material, | 23 |
| nonreflective material, or tinted film, applied or affixed
to | 24 |
| the motor vehicle for the purposes set forth in item (1) or (2) | 25 |
| before January 1, 2008
the
effective date of this amendatory | 26 |
| Act of 1997 and:
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| (1) that is owned and operated by a person afflicted | 28 |
| with or suffering
from a medical illness, ailment, or | 29 |
| disease which would require that person
to be shielded from | 30 |
| the direct rays of the sun; or
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| (2) that is used in transporting a person when the | 32 |
| person
resides at
the same address as the registered owner | 33 |
| of the vehicle and the
person is
afflicted with or | 34 |
| suffering from a medical illness, ailment or disease
which | 35 |
| would require the person to be shielded from the direct | 36 |
| rays
of the
sun . ;
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LRB093 18288 DRH 43991 b |
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| It must be certified by a physician licensed to | 2 |
| practice medicine in
Illinois that such person owning and | 3 |
| operating or being transported in a motor
vehicle is | 4 |
| afflicted with or suffers from such illness, ailment, or | 5 |
| disease and
such certification must be carried in the motor | 6 |
| vehicle at all times. The
certification shall be legible | 7 |
| and shall contain the date of issuance, the
name, address | 8 |
| and signature of the attending physician, and the name, | 9 |
| address,
and medical condition of the person requiring | 10 |
| exemption. The information on
the certificate for a window | 11 |
| treatment applied or affixed before January 1, 2008
the | 12 |
| effective
date of this amendatory Act of 1997 must remain | 13 |
| current and shall be renewed
annually by the attending | 14 |
| physician, but in no event shall a
certificate issued for | 15 |
| purposes of this subsection be valid on or after
January 1, | 16 |
| 2014
January 1, 2008 . The person shall also submit a copy | 17 |
| of the certification to
the Secretary of
State. The | 18 |
| Secretary of State may forward notice of certification to | 19 |
| law
enforcement agencies.
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| This subsection shall not be construed to authorize window | 21 |
| treatments
applied or affixed on or after January 1, 2008
the | 22 |
| effective date of this amendatory Act of
1997 .
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| The exemption provided by this subsection (g) shall not | 24 |
| apply to any motor
vehicle on and after January 1, 2014
January | 25 |
| 1, 2008 .
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| (h) Paragraph (a) of this Section shall not apply to motor | 27 |
| vehicle
stickers or other certificates issued by State or local | 28 |
| authorities which
are required to be displayed upon motor | 29 |
| vehicle windows to evidence
compliance with requirements | 30 |
| concerning motor vehicles.
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| (i) Those motor vehicles exempted under paragraph (f)(1) of | 32 |
| this Section
shall not cause their windows to be treated as | 33 |
| described in paragraph (a) after
January 1, 1993.
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| (j) A person found guilty of violating paragraphs (a), (b), | 35 |
| or (i) of this
Section shall be guilty of a petty offense and | 36 |
| fined no less than $50 nor more
than $500. A second or |
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LRB093 18288 DRH 43991 b |
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| subsequent violation of paragraphs (a), (b), or (i) of
this | 2 |
| Section shall be treated as a Class C misdemeanor and the | 3 |
| violator fined
no less than $100 nor more than $500. Any person | 4 |
| convicted under paragraphs
(a), (b), or (i) of this Section | 5 |
| shall be ordered to alter any
nonconforming windows into | 6 |
| compliance with this Section.
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| (Source: P.A. 90-389, eff. 1-1-98 .)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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