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Public Act 096-0530
Public Act 0530 96TH GENERAL ASSEMBLY
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Public Act 096-0530 |
HB4327 Enrolled |
LRB096 08455 AJT 18573 b |
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| 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, sidewings or | side windows immediately adjacent
to each side of the driver. 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. Nothing in | this
Section shall create a cause of action on behalf of a | buyer against a
dealer or manufacturer who sells a motor | vehicle with a window which is in
violation of this Section.
| (a-5) 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) Nothing contained in this Section shall prohibit the | use of
nonreflective, smoked or tinted glass, nonreflective | film, perforated
window screen or other decorative window | application on windows to the rear
of the driver's seat, except | that 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) and (b) of this Section shall not apply | to:
| (1) motor vehicles manufactured prior to January 1, | 1982; or
| (2) to those motor vehicles properly registered in | another jurisdiction.
| (g) Paragraph (a) of this Section shall not apply to any | motor vehicle with
a window treatment, including but not | limited to a window application,
reflective material, | nonreflective material, or tinted film, applied or affixed
to a | motor vehicle that:
| (1) is owned and operated by a person afflicted with or | suffering
from a medical illness, ailment, or 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 illness, ailment or 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 illness, ailment, or disease, including but not | limited to systemic or discoid lupus erythematosus, | disseminated superficial actinic porokeratosis, or | albinism, and
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). | (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) Those motor vehicles exempted under paragraph (f)(1) of | this Section
shall not cause their windows to be treated as | described in paragraph (a) after
January 1, 1993.
| (j) A person found guilty of violating paragraphs (a), | (a-5), (b), or (i) 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), (b), or (i) | 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), (b), or (i) of this | Section shall be ordered to alter any
nonconforming windows | into compliance with this Section. | (k) 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.
| (Source: P.A. 94-564, eff. 8-12-05; 95-202, eff. 8-16-07.)
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Effective Date: 1/1/2010
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