Public Act 098-0153
 
SB1524 EnrolledLRB098 06135 MLW 36176 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 12-503 as follows:
 



    (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)



    Sec. 12-503. Windshields must be unobstructed and equipped 
with wipers. 

    (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, except that 
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.

    (a-5) No window treatment or tinting shall be applied to 
the windows immediately adjacent to each side of the driver, 
except:
        (1)  On vehicles where none of the windows to the rear 
    of the driver's seat are treated in a manner that allows 
    less than 30% light transmittance, a nonreflective tinted 
    film that allows at least 50% light transmittance, with a 
    5% variance observed by any law enforcement official 
    metering the light transmittance, may be used on the 
    vehicle windows immediately adjacent to each side of the 
    driver.
        (2)  On vehicles where none of the windows to the rear 
    of the driver's seat are treated in a manner that allows 
    less than 35% light transmittance, a nonreflective tinted 
    film that allows at least 35% light transmittance, with a 
    5% variance observed by any law enforcement official 
    metering the light transmittance, may be used on the 
    vehicle windows immediately adjacent to each side of the 
    driver.
        (3)  (Blank). 
        (4) On vehicles where a nonreflective smoked or tinted 
    glass that was originally installed by the manufacturer on 
    the windows to the rear of the driver's seat, a 
    nonreflective tint that allows at least 50% light 
    transmittance, with a 5% variance observed by a law 
    enforcement official metering the light transmittance, may 
    be used on the vehicle windows immediately adjacent to each 
    side of the driver. 
    (a-10) 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 
    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) On motor vehicles where window treatment has not been 
applied to the windows immediately adjacent to each side of the 
driver, the use of a
 perforated
window screen or other 
decorative window application on windows to the rear
of the 
driver's seat shall be allowed. 
    (b-5) Any motor vehicle with a window to the
rear of the 
driver's seat treated in this manner shall be equipped with a

side mirror on each side of the motor vehicle which are in 
conformance with
Section 12-502.

    (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.

    (d) Every motor vehicle, except motorcycles, shall be 
equipped with a
device, controlled by the driver, for cleaning 
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.

    (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

with Section 12-502 will be deemed to be in compliance in the 
event the
rear window of the vehicle is materially obscured.

    (f) Paragraphs  (a), (a-5), (b), and (b-5) of this Section 
shall not apply to:


        (1) (Blank).


        (2) those motor vehicles properly registered in 
    another jurisdiction.

    (g) Paragraphs (a) and (a-5) of this Section shall not 
apply to window treatment, including but not limited to a 
window application,
 nonreflective material, or tinted film, 
applied or affixed
to a motor vehicle for which distinctive 
license plates or license plate stickers have been issued 
pursuant to subsection (k) of Section 3-412 of this Code, and 
which:


        (1) is owned and operated by a person afflicted with or 
    suffering
from a medical disease, including but not limited 
    to systemic or discoid lupus erythematosus, disseminated 
    superficial actinic porokeratosis, or albinism, which 
    would require that person
to be shielded from the direct 
    rays of the sun; or


        (2) is used in transporting a person when the person

    resides at
the same address as the registered owner of the 
    vehicle and the
person is
afflicted with or suffering from 
    a medical 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.


        The owner must obtain a certified statement or letter 
    written by a physician licensed to practice medicine in

    Illinois that such person owning and operating or being 
    transported in a motor
vehicle is afflicted with or suffers 
    from such disease, including but not limited to systemic or 
    discoid lupus erythematosus, disseminated superficial 
    actinic porokeratosis, or albinism. However, no exemption 
    from the requirements of subsection (a-5) shall be granted 
    for any condition, such as light sensitivity, for which 
    protection from the direct rays of the sun can be 
    adequately obtained by the use of sunglasses or other eye 
    protective devices.
        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 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.



    (g-5) (Blank).
    (g-7) Installers shall only install window treatment 
authorized by subsection (g) on motor vehicles for which 
distinctive plates or license plate stickers have been issued 
pursuant to subsection (k) of Section 3-412 of this Code. The 
distinctive license plates or plate sticker must be on the 
motor vehicle at the time of window treatment installation. 
    (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.

    (i) (Blank).

    (j) A person found guilty of violating paragraphs (a), 
(a-5), (a-10), (b), (b-5), or (g-7) 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), (a-10), (b), (b-5), or (g-7) 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), (a-5), (b), or (b-5) of this Section shall be 
ordered to alter any
nonconforming windows into compliance with 
this Section.

    (k) Nothing in this
Section shall create a cause of action 
on behalf of a buyer against a
vehicle dealer or manufacturer 
who sells a motor vehicle with a window which is in
violation 
of this Section. 
    (l) 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 
Secretary of State's website. 
    (m) A home rule unit may not regulate motor vehicles in a 
manner inconsistent with this Section. This Section is a 
limitation under subsection (i) of Section 6 of Article VII of 
the Illinois Constitution on the concurrent exercise by home 
rule units of powers and functions exercised by the State. 
(Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10; 
96-815, eff. 10-30-09; 96-1000, eff. 7-2-10; 96-1056, eff. 
7-14-10.)