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Public Act 098-0153
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| SB1524 Enrolled | LRB098 06135 MLW 36176 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, 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.
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(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 |
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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 |
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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
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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 |
rain, snow, moisture or other
obstructions from the windshield; |
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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), (a-5), (b), and (b-5) of this Section |
shall not apply to:
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(1) (Blank).
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(2) those motor vehicles properly registered in |
another jurisdiction.
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(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:
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(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 |
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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 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 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 |
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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.
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(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.
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(i) (Blank).
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(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
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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 |
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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.
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(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.)
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