Public Act 103-0032
 
HB2389 EnrolledLRB103 27460 MXP 53832 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-3) No new or used motor vehicle dealer shall permit a 
driver to drive a motor vehicle offered for sale or lease off 
the  premises where the motor vehicle is being offered for sale 
or lease, including when the driver is test driving the 
vehicle, with signs, decals, paperwork, or other material on 
the front  windshield or on the windows immediately adjacent to 
each side of the driver that would obstruct the driver's view 
in violation of subsection (a) of this Section. For purposes 
of this subsection (a-3), "test driving" means when a driver, 
with permission of the new or used vehicle dealer or employee 
of the new or used vehicle dealer, drives a vehicle owned and 
held for sale or lease by a new or used vehicle dealer that the 
driver is considering to purchase or lease. 
    (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. 

    (c-5) No person shall drive a motor vehicle with any 
objects placed or suspended between the driver and the front 
windshield which materially obstruct the driver's view. No 
motor vehicle, or driver or passenger of such vehicle, shall 
be stopped or searched by any law enforcement officer solely 
on the  basis of a violation or suspected violation of this 
subsection. 
    (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) Subsections  (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) Subsections (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, light 
    sensitivity as a result of a traumatic brain
injury, 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, light 
    sensitivity as a result of a traumatic brain
injury, 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, light sensitivity as a 
    result of a traumatic brain
injury, or albinism. However, 
    no exemption from the requirements of subsection (a-5) 
    shall be granted for any condition 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 every 4 
    years
 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) Subsection (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 subsection (a), 
(a-3), (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 
subsection (a), (a-3), (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 subsection
(a), (a-5), (b), or (b-5) of this 
Section shall be ordered to alter any
nonconforming windows 
into compliance with this Section.

    (k) Except as provided in subsection (a-3) of this 
Section, 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. 102-111, eff. 1-1-22.)




Effective Date:  1/1/2024