Rep. Charles E Meier

Filed: 3/20/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1812

2    AMENDMENT NO. ______. Amend House Bill 1812 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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
8with wipers.
9    (a) No person shall drive a motor vehicle with any sign,
10poster, window application, reflective material, nonreflective
11material or tinted film upon the front windshield, except that
12a nonreflective tinted film may be used along the uppermost
13portion of the windshield if such material does not extend more
14than 6 inches down from the top of the windshield.
15    (a-5) No window treatment or tinting shall be applied to
16the windows immediately adjacent to each side of the driver,

 

 

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1except:
2        (1) On vehicles where none of the windows to the rear
3    of the driver's seat are treated in a manner that allows
4    less than 30% light transmittance, a nonreflective tinted
5    film that allows at least 50% light transmittance, with a
6    5% variance observed by any law enforcement official
7    metering the light transmittance, may be used on the
8    vehicle windows immediately adjacent to each side of the
9    driver.
10        (2) On vehicles where none of the windows to the rear
11    of the driver's seat are treated in a manner that allows
12    less than 35% light transmittance, a nonreflective tinted
13    film that allows at least 35% light transmittance, with a
14    5% variance observed by any law enforcement official
15    metering the light transmittance, may be used on the
16    vehicle windows immediately adjacent to each side of the
17    driver.
18        (3) (Blank).
19        (4) On vehicles where a nonreflective smoked or tinted
20    glass that was originally installed by the manufacturer on
21    the windows to the rear of the driver's seat, a
22    nonreflective tint that allows at least 50% light
23    transmittance, with a 5% variance observed by a law
24    enforcement official metering the light transmittance, may
25    be used on the vehicle windows immediately adjacent to each
26    side of the driver.

 

 

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1    (a-10) No person shall install or repair any material
2prohibited by subsection (a) of this Section.
3        (1) Nothing in this subsection shall prohibit a person
4    from removing or altering any material prohibited by
5    subsection (a) to make a motor vehicle comply with the
6    requirements of this Section.
7        (2) Nothing in this subsection shall prohibit a person
8    from installing window treatment for a person with a
9    medical condition described in subsection (g) of this
10    Section. An installer who installs window treatment for a
11    person with a medical condition described in subsection (g)
12    must obtain a copy of the certified statement or letter
13    written by a physician described in subsection (g) from the
14    person with the medical condition prior to installing the
15    window treatment. The copy of the certified statement or
16    letter must be kept in the installer's permanent records.
17    (b) On motor vehicles where window treatment has not been
18applied to the windows immediately adjacent to each side of the
19driver, the use of a perforated window screen or other
20decorative window application on windows to the rear of the
21driver's seat shall be allowed.
22    (b-5) Any motor vehicle with a window to the rear of the
23driver's seat treated in this manner shall be equipped with a
24side mirror on each side of the motor vehicle which are in
25conformance with Section 12-502.
26    (c) No person shall drive a motor vehicle with any objects

 

 

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1placed or suspended between the driver and the front
2windshield, rear window, side wings or side windows immediately
3adjacent to each side of the driver which materially obstructs
4the driver's view.
5    (d) Every motor vehicle, except motorcycles, shall be
6equipped with a device, controlled by the driver, for cleaning
7rain, snow, moisture or other obstructions from the windshield;
8and no person shall drive a motor vehicle with snow, ice,
9moisture or other material on any of the windows or mirrors,
10which materially obstructs the driver's clear view of the
11highway.
12    (e) No person shall drive a motor vehicle when the
13windshield, side or rear windows are in such defective
14condition or repair as to materially impair the driver's view
15to the front, side or rear. A vehicle equipped with a side
16mirror on each side of the vehicle which are in conformance
17with Section 12-502 will be deemed to be in compliance in the
18event the rear window of the vehicle is materially obscured.
19    (f) Paragraphs (a), (a-5), (b), and (b-5) of this Section
20shall not apply to:
21        (1) (Blank).
22        (2) those motor vehicles properly registered in
23    another jurisdiction.
24    (g) Paragraphs (a) and (a-5) of this Section shall not
25apply to window treatment, including but not limited to a
26window application, nonreflective material, or tinted film,

 

 

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1applied or affixed to a motor vehicle for which distinctive
2license plates or license plate stickers have been issued
3pursuant to subsection (k) of Section 3-412 of this Code, and
4which:
5        (1) is owned and operated by a person afflicted with or
6    suffering from a medical disease, including but not limited
7    to systemic or discoid lupus erythematosus, disseminated
8    superficial actinic porokeratosis, or albinism, which
9    would require that person to be shielded from the direct
10    rays of the sun; or
11        (2) is used in transporting a person when the person
12    resides at the same address as the registered owner of the
13    vehicle and the person is afflicted with or suffering from
14    a medical disease which would require the person to be
15    shielded from the direct rays of the sun, including but not
16    limited to systemic or discoid lupus erythematosus,
17    disseminated superficial actinic porokeratosis, or
18    albinism.
19        The owner must obtain a certified statement or letter
20    written by a physician licensed to practice medicine in
21    Illinois that such person owning and operating or being
22    transported in a motor vehicle is afflicted with or suffers
23    from such disease, including but not limited to systemic or
24    discoid lupus erythematosus, disseminated superficial
25    actinic porokeratosis, or albinism. However, no exemption
26    from the requirements of subsection (a-5) shall be granted

 

 

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1    for any condition, such as light sensitivity, for which
2    protection from the direct rays of the sun can be
3    adequately obtained by the use of sunglasses or other eye
4    protective devices.
5        Such certification must be carried in the motor vehicle
6    at all times. The certification shall be legible and shall
7    contain the date of issuance, the name, address and
8    signature of the attending physician, and the name,
9    address, and medical condition of the person requiring
10    exemption. The information on the certificate for a window
11    treatment must remain current and shall be renewed annually
12    by the attending physician. The owner shall also submit a
13    copy of the certification to the Secretary of State. The
14    Secretary of State may forward notice of certification to
15    law enforcement agencies.
16    (g-5) (Blank).
17    (g-7) Installers shall only install window treatment
18authorized by subsection (g) on motor vehicles for which
19distinctive plates or license plate stickers have been issued
20pursuant to subsection (k) of Section 3-412 of this Code. The
21distinctive license plates or plate sticker must be on the
22motor vehicle at the time of window treatment installation.
23    (h) Paragraph (a) of this Section shall not apply to motor
24vehicle stickers or other certificates issued by State or local
25authorities which are required to be displayed upon motor
26vehicle windows to evidence compliance with requirements

 

 

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1concerning motor vehicles.
2    (i) (Blank).
3    (j) A person found guilty of violating paragraphs (a),
4(a-5), (a-10), (b), (b-5), or (g-7) of this Section shall be
5guilty of a petty offense and fined no less than $50 nor more
6than $500. A second or subsequent violation of paragraphs (a),
7(a-5), (a-10), (b), (b-5), or (g-7) of this Section shall be
8treated as a Class C misdemeanor and the violator fined no less
9than $100 nor more than $500. Any person convicted under
10paragraphs (a), (a-5), (b), or (b-5) of this Section shall be
11ordered to alter any nonconforming windows into compliance with
12this Section.
13    (k) Nothing in this Section shall create a cause of action
14on behalf of a buyer against a vehicle dealer or manufacturer
15who sells a motor vehicle with a window which is in violation
16of this Section.
17    (l) The Secretary of State shall provide a notice of the
18requirements of this Section to a new resident applying for
19vehicle registration in this State pursuant to Section 3-801 of
20this Code. The Secretary of State may comply with this
21subsection by posting the requirements of this Section on the
22Secretary of State's website.
23(Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10;
2496-815, eff. 10-30-09; 96-1000, eff. 7-2-10; 96-1056, eff.
257-14-10.)".