Full Text of SB0099 94th General Assembly
SB0099 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0099
Introduced 1/26/2005, by Sen. Larry K. Bomke 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 provisions of the Illinois Vehicle Code setting forth circumstances under which the windshield and side windows of a vehicle may be tinted to protect a vehicle owner or household member who is afflicted with a medical condition that requires shielding from the direct rays of the sun as follows: eliminates a prohibition against applying tinting on or after January 1, 1998; eliminates a prohibition against tinting for medical purposes on or after January 1, 2008; and makes other conforming changes. Provides that the Secretary of State shall (rather than may) notify law enforcement agencies if a physician's certification has been issued.
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A BILL FOR
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SB0099 |
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LRB094 06767 DRH 36869 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 | 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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LRB094 06767 DRH 36869 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 the
effective date of this amendatory Act of 1997 and :
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| (1) that is owned and operated by a person afflicted | 27 |
| with or suffering
from a medical illness, ailment, or | 28 |
| disease which would require that person
to be shielded from | 29 |
| the direct rays of the sun; or
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| (2) that is used in transporting a person when the | 31 |
| person
resides at
the same address as the registered owner | 32 |
| of the vehicle and the
person is
afflicted with or | 33 |
| suffering from a medical illness, ailment or disease
which | 34 |
| would require the person to be shielded from the direct | 35 |
| rays
of the
sun .
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| It must be certified by a physician licensed to practice |
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| medicine in
Illinois that such person owning and operating or | 2 |
| being transported in a motor
vehicle is afflicted with or | 3 |
| suffers from such illness, ailment, or disease and
such | 4 |
| certification must be carried in the motor vehicle at all | 5 |
| times. The
certification shall be legible and shall contain the | 6 |
| date of issuance, the
name, address and signature of the | 7 |
| attending physician, and the name, address,
and medical | 8 |
| condition of the person requiring exemption. The information on
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| the certificate for a window treatment applied or affixed | 10 |
| before the effective
date of this amendatory Act of 1997 must | 11 |
| remain current and shall be renewed
annually by the attending | 12 |
| physician , but in no event shall a
certificate issued for | 13 |
| purposes of this subsection be valid on or after
January 1, | 14 |
| 2008 . The person shall also submit a copy of the certification | 15 |
| to
the Secretary of
State. The Secretary of State shall
may
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| forward notice of certification to law
enforcement agencies.
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| This subsection shall not be construed to authorize window | 18 |
| treatments
applied or affixed on or after the effective date of | 19 |
| this amendatory Act of
1997.
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| The exemption provided by this subsection (g) shall not | 21 |
| apply to any motor
vehicle on and after January 1, 2008.
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| (h) Paragraph (a) of this Section shall not apply to motor | 23 |
| vehicle
stickers or other certificates issued by State or local | 24 |
| authorities which
are required to be displayed upon motor | 25 |
| vehicle windows to evidence
compliance with requirements | 26 |
| concerning motor vehicles.
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| (i) Those motor vehicles exempted under paragraph (f)(1) of | 28 |
| this Section
shall not cause their windows to be treated as | 29 |
| described in paragraph (a) after
January 1, 1993.
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| (j) A person found guilty of violating paragraphs (a), (b), | 31 |
| or (i) of this
Section shall be guilty of a petty offense and | 32 |
| fined no less than $50 nor more
than $500. A second or | 33 |
| subsequent violation of paragraphs (a), (b), or (i) of
this | 34 |
| Section shall be treated as a Class C misdemeanor and the | 35 |
| violator fined
no less than $100 nor more than $500. Any person | 36 |
| convicted under paragraphs
(a), (b), or (i) of this Section |
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| shall be ordered to alter any
nonconforming windows into | 2 |
| compliance with this Section.
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| (Source: P.A. 90-389, eff. 1-1-98 .)
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