Full Text of HB0096 102nd General Assembly
HB0096enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 12-503 as follows:
| 6 | | (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| 7 | | Sec. 12-503. Windshields must be unobstructed and equipped | 8 | | with wipers.
| 9 | | (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, except that | 12 | | a nonreflective tinted film may be used along
the uppermost | 13 | | portion of the windshield if such material does not extend
| 14 | | more than 6 inches down from the top of the windshield.
| 15 | | (a-3) No new or used motor vehicle dealer shall permit a | 16 | | driver to drive a motor vehicle offered for sale or lease off | 17 | | the premises where the motor vehicle is being offered for sale | 18 | | or lease, including when the driver is test driving the | 19 | | vehicle, with signs, decals, paperwork, or other material on | 20 | | the front windshield or on the windows immediately adjacent to | 21 | | each side of the driver that would obstruct the driver's view | 22 | | in violation of subsection (a) of this Section. For purposes | 23 | | of this subsection (a-3), "test driving" means when a driver, |
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| 1 | | with permission of the new or used vehicle dealer or employee | 2 | | of the new or used vehicle dealer, drives a vehicle owned and | 3 | | held for sale or lease by a new or used vehicle dealer that the | 4 | | driver is considering to purchase or lease. | 5 | | (a-5) No window treatment or tinting shall be applied to | 6 | | the windows immediately adjacent to each side of the driver, | 7 | | except: | 8 | | (1) On vehicles where none of the windows to the rear | 9 | | of the driver's seat are treated in a manner that allows | 10 | | less than 30% light transmittance, a nonreflective tinted | 11 | | film that allows at least 50% light transmittance, with a | 12 | | 5% variance observed by any law enforcement official | 13 | | metering the light transmittance, may be used on the | 14 | | vehicle windows immediately adjacent to each side of the | 15 | | driver. | 16 | | (2) On vehicles where none of the windows to the rear | 17 | | of the driver's seat are treated in a manner that allows | 18 | | less than 35% light transmittance, a nonreflective tinted | 19 | | film that allows at least 35% light transmittance, with a | 20 | | 5% variance observed by any law enforcement official | 21 | | metering the light transmittance, may be used on the | 22 | | vehicle windows immediately adjacent to each side of the | 23 | | driver. | 24 | | (3) (Blank). | 25 | | (4) On vehicles where a nonreflective smoked or tinted | 26 | | glass that was originally installed by the manufacturer on |
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| 1 | | the windows to the rear of the driver's seat, a | 2 | | nonreflective tint that allows at least 50% light | 3 | | transmittance, with a 5% variance observed by a law | 4 | | enforcement official metering the light transmittance, may | 5 | | be used on the vehicle windows immediately adjacent to | 6 | | each side of the driver. | 7 | | (a-10) No person shall install or repair any material | 8 | | prohibited by subsection (a) of this Section. | 9 | | (1) Nothing in this subsection shall prohibit a person | 10 | | from removing or altering any material prohibited by | 11 | | subsection (a) to make a motor vehicle comply with the | 12 | | requirements of this Section. | 13 | | (2) Nothing in this subsection shall prohibit a person | 14 | | from installing window treatment for a person with a | 15 | | medical condition described in subsection (g) of this | 16 | | Section. An installer who installs window treatment for a | 17 | | person with a medical condition described in subsection | 18 | | (g) must obtain a copy of the certified statement or | 19 | | letter written by a physician described in subsection (g) | 20 | | from the person with the medical condition prior to | 21 | | installing the window treatment. The copy of the certified | 22 | | statement or letter must be kept in the installer's | 23 | | permanent records. | 24 | | (b) On motor vehicles where window treatment has not been | 25 | | applied to the windows immediately adjacent to each side of | 26 | | the driver, the use of a
perforated
window screen or other |
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| 1 | | decorative window application on windows to the rear
of the | 2 | | driver's seat shall be allowed. | 3 | | (b-5) Any motor vehicle with a window to the
rear of the | 4 | | driver's seat treated in this manner shall be equipped with a
| 5 | | side mirror on each side of the motor vehicle which are in | 6 | | conformance with
Section 12-502.
| 7 | | (c) No person shall drive a motor vehicle with any objects | 8 | | placed or
suspended between the driver and the front | 9 | | windshield, rear
window, side wings or side windows | 10 | | immediately adjacent to each side of
the driver which | 11 | | materially obstructs the driver's view.
| 12 | | (d) Every motor vehicle, except motorcycles, shall be | 13 | | equipped with a
device, controlled by the driver, for cleaning | 14 | | rain, snow, moisture or other
obstructions from the | 15 | | windshield; and no person shall drive a motor vehicle
with | 16 | | snow, ice, moisture or other material on any of the windows or
| 17 | | mirrors, which materially obstructs the driver's clear view of | 18 | | the highway.
| 19 | | (e) No person shall drive a motor vehicle when the | 20 | | windshield, side or
rear windows are in such defective | 21 | | condition or repair as to materially
impair the driver's view | 22 | | to the front, side or rear. A vehicle equipped
with a side | 23 | | mirror on each side of the vehicle which are in conformance
| 24 | | with Section 12-502 will be deemed to be in compliance in the | 25 | | event the
rear window of the vehicle is materially obscured.
| 26 | | (f) Subsections (a), (a-5), (b), and (b-5) of this Section |
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| 1 | | shall not apply to:
| 2 | | (1) (Blank).
| 3 | | (2) those motor vehicles properly registered in | 4 | | another jurisdiction.
| 5 | | (g) Subsections (a) and (a-5) of this Section shall not | 6 | | apply to window treatment, including, but not limited to, a | 7 | | window application,
nonreflective material, or tinted film, | 8 | | applied or affixed
to a motor vehicle for which distinctive | 9 | | license plates or license plate stickers have been issued | 10 | | pursuant to subsection (k) of Section 3-412 of this Code, and | 11 | | which:
| 12 | | (1) is owned and operated by a person afflicted with | 13 | | or suffering
from a medical disease, including, but not | 14 | | limited to, systemic or discoid lupus erythematosus, | 15 | | disseminated superficial actinic porokeratosis, light | 16 | | sensitivity as a result of a traumatic brain
injury, or | 17 | | albinism, which would require that person
to be shielded | 18 | | from the direct 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 | 24 | | not limited to, systemic or discoid lupus erythematosus, | 25 | | disseminated superficial actinic porokeratosis, light | 26 | | sensitivity as a result of a traumatic brain
injury, or |
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| 1 | | albinism.
| 2 | | The owner must obtain a certified statement or letter | 3 | | written by a physician licensed to practice medicine in
| 4 | | Illinois that such person owning and operating or being | 5 | | transported in a motor
vehicle is afflicted with or | 6 | | suffers from such disease, including, but not limited to, | 7 | | systemic or discoid lupus erythematosus, disseminated | 8 | | superficial actinic porokeratosis, light sensitivity as a | 9 | | result of a traumatic brain
injury, or albinism. However, | 10 | | no exemption from the requirements of subsection (a-5) | 11 | | shall be granted for any condition , such as light | 12 | | sensitivity, for which protection from the direct rays of | 13 | | the sun can be adequately obtained by the use of | 14 | | sunglasses or other eye protective devices. | 15 | | Such certification must be carried in the motor | 16 | | vehicle at all times. The
certification shall be legible | 17 | | and shall contain the date of issuance, the
name, address | 18 | | and signature of the attending physician, and the name, | 19 | | address,
and medical condition of the person requiring | 20 | | exemption. The information on
the certificate for a window | 21 | | treatment must remain current and shall be renewed every 4 | 22 | | years
by the attending physician. The owner shall also | 23 | | submit a copy of the certification to
the Secretary of
| 24 | | State. The Secretary of State may forward notice of | 25 | | certification to law
enforcement agencies.
| 26 | | (g-5) (Blank). |
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| 1 | | (g-7) Installers shall only install window treatment | 2 | | authorized by subsection (g) on motor vehicles for which | 3 | | distinctive plates or license plate stickers have been issued | 4 | | pursuant to subsection (k) of Section 3-412 of this Code. The | 5 | | distinctive license plates or plate sticker must be on the | 6 | | motor vehicle at the time of window treatment installation. | 7 | | (h) Subsection (a) of this Section shall not apply to | 8 | | motor vehicle
stickers or other certificates issued by State | 9 | | or local authorities which
are required to be displayed upon | 10 | | motor vehicle windows to evidence
compliance with requirements | 11 | | concerning motor vehicles.
| 12 | | (i) (Blank).
| 13 | | (j) A person found guilty of violating subsection (a), | 14 | | (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section | 15 | | shall be guilty of a petty offense and fined no less than $50 | 16 | | nor more
than $500. A second or subsequent violation of | 17 | | subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
| 18 | | this Section shall be treated as a Class C misdemeanor and the | 19 | | violator fined
no less than $100 nor more than $500. Any person | 20 | | convicted under subsection
(a), (a-5), (b), or (b-5) of this | 21 | | Section shall be ordered to alter any
nonconforming windows | 22 | | into compliance with this Section.
| 23 | | (k) Except as provided in subsection (a-3) of this | 24 | | Section, nothing in this
Section shall create a cause of | 25 | | action on behalf of a buyer against a
vehicle dealer or | 26 | | manufacturer who sells a motor vehicle with a window which is |
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| 1 | | in
violation of this Section. | 2 | | (l) The Secretary of State shall provide a notice of the | 3 | | requirements of this Section to a new resident applying for | 4 | | vehicle registration in this State pursuant to Section 3-801 | 5 | | of this Code. The Secretary of State may comply with this | 6 | | subsection by posting the requirements of this Section on the | 7 | | Secretary of State's website. | 8 | | (m) A home rule unit may not regulate motor vehicles in a | 9 | | manner inconsistent with this Section. This Section is a | 10 | | limitation under subsection (i) of Section 6 of Article VII of | 11 | | the Illinois Constitution on the concurrent exercise by home | 12 | | rule units of powers and functions exercised by the State. | 13 | | (Source: P.A. 100-346, eff. 1-1-18; 100-863, eff. 8-14-18.)
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