98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3706

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-503  from Ch. 95 1/2, par. 12-503

    Amends the Illinois Vehicle Code. Provides that persons with medical certificates allowing tinted windows do not need to renew their medical certificate annually.


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A BILL FOR

 

HB3706LRB098 14336 MLW 48962 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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,
17except:
18        (1) On vehicles where none of the windows to the rear
19    of the driver's seat are treated in a manner that allows
20    less than 30% light transmittance, a nonreflective tinted
21    film that allows at least 50% light transmittance, with a
22    5% variance observed by any law enforcement official
23    metering the light transmittance, may be used on the

 

 

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1    vehicle windows immediately adjacent to each side of the
2    driver.
3        (2) On vehicles where none of the windows to the rear
4    of the driver's seat are treated in a manner that allows
5    less than 35% light transmittance, a nonreflective tinted
6    film that allows at least 35% light transmittance, with a
7    5% variance observed by any law enforcement official
8    metering the light transmittance, may be used on the
9    vehicle windows immediately adjacent to each side of the
10    driver.
11        (3) (Blank).
12        (4) On vehicles where a nonreflective smoked or tinted
13    glass that was originally installed by the manufacturer on
14    the windows to the rear of the driver's seat, a
15    nonreflective tint that allows at least 50% light
16    transmittance, with a 5% variance observed by a law
17    enforcement official metering the light transmittance, may
18    be used on the vehicle windows immediately adjacent to each
19    side of the driver.
20    (a-10) No person shall install or repair any material
21prohibited by subsection (a) of this Section.
22        (1) Nothing in this subsection shall prohibit a person
23    from removing or altering any material prohibited by
24    subsection (a) to make a motor vehicle comply with the
25    requirements of this Section.
26        (2) Nothing in this subsection shall prohibit a person

 

 

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1    from installing window treatment for a person with a
2    medical condition described in subsection (g) of this
3    Section. An installer who installs window treatment for a
4    person with a medical condition described in subsection (g)
5    must obtain a copy of the certified statement or letter
6    written by a physician described in subsection (g) from the
7    person with the medical condition prior to installing the
8    window treatment. The copy of the certified statement or
9    letter must be kept in the installer's permanent records.
10    (b) On motor vehicles where window treatment has not been
11applied to the windows immediately adjacent to each side of the
12driver, the use of a perforated window screen or other
13decorative window application on windows to the rear of the
14driver's seat shall be allowed.
15    (b-5) Any motor vehicle with a window to the rear of the
16driver's seat treated in this manner shall be equipped with a
17side mirror on each side of the motor vehicle which are in
18conformance with Section 12-502.
19    (c) No person shall drive a motor vehicle with any objects
20placed or suspended between the driver and the front
21windshield, rear window, side wings or side windows immediately
22adjacent to each side of the driver which materially obstructs
23the driver's view.
24    (d) Every motor vehicle, except motorcycles, shall be
25equipped with a device, controlled by the driver, for cleaning
26rain, snow, moisture or other obstructions from the windshield;

 

 

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1and no person shall drive a motor vehicle with snow, ice,
2moisture or other material on any of the windows or mirrors,
3which materially obstructs the driver's clear view of the
4highway.
5    (e) No person shall drive a motor vehicle when the
6windshield, side or rear windows are in such defective
7condition or repair as to materially impair the driver's view
8to the front, side or rear. A vehicle equipped with a side
9mirror on each side of the vehicle which are in conformance
10with Section 12-502 will be deemed to be in compliance in the
11event the rear window of the vehicle is materially obscured.
12    (f) Paragraphs (a), (a-5), (b), and (b-5) of this Section
13shall not apply to:
14        (1) (Blank).
15        (2) those motor vehicles properly registered in
16    another jurisdiction.
17    (g) Paragraphs (a) and (a-5) of this Section shall not
18apply to window treatment, including but not limited to a
19window application, nonreflective material, or tinted film,
20applied or affixed to a motor vehicle for which distinctive
21license plates or license plate stickers have been issued
22pursuant to subsection (k) of Section 3-412 of this Code, and
23which:
24        (1) is owned and operated by a person afflicted with or
25    suffering from a medical disease, including but not limited
26    to systemic or discoid lupus erythematosus, disseminated

 

 

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1    superficial actinic porokeratosis, or albinism, which
2    would require that person to be shielded from the direct
3    rays of the sun; or
4        (2) is used in transporting a person when the person
5    resides at the same address as the registered owner of the
6    vehicle and the person is afflicted with or suffering from
7    a medical disease which would require the person to be
8    shielded from the direct rays of the sun, including but not
9    limited to systemic or discoid lupus erythematosus,
10    disseminated superficial actinic porokeratosis, or
11    albinism.
12        The owner must obtain a certified statement or letter
13    written by a physician licensed to practice medicine in
14    Illinois that such person owning and operating or being
15    transported in a motor vehicle is afflicted with or suffers
16    from such disease, including but not limited to systemic or
17    discoid lupus erythematosus, disseminated superficial
18    actinic porokeratosis, or albinism. However, no exemption
19    from the requirements of subsection (a-5) shall be granted
20    for any condition, such as light sensitivity, for which
21    protection from the direct rays of the sun can be
22    adequately obtained by the use of sunglasses or other eye
23    protective devices.
24        Such certification must be carried in the motor vehicle
25    at all times. The certification shall be legible and shall
26    contain the date of issuance, the name, address and

 

 

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1    signature of the attending physician, and the name,
2    address, and medical condition of the person requiring
3    exemption. The information on the certificate for a window
4    treatment must remain current and shall be renewed annually
5    by the attending physician. The owner shall also submit a
6    copy of the certification to the Secretary of State. The
7    Secretary of State may forward notice of certification to
8    law enforcement agencies.
9    (g-5) (Blank).
10    (g-7) Installers shall only install window treatment
11authorized by subsection (g) on motor vehicles for which
12distinctive plates or license plate stickers have been issued
13pursuant to subsection (k) of Section 3-412 of this Code. The
14distinctive license plates or plate sticker must be on the
15motor vehicle at the time of window treatment installation.
16    (h) Paragraph (a) of this Section shall not apply to motor
17vehicle stickers or other certificates issued by State or local
18authorities which are required to be displayed upon motor
19vehicle windows to evidence compliance with requirements
20concerning motor vehicles.
21    (i) (Blank).
22    (j) A person found guilty of violating paragraphs (a),
23(a-5), (a-10), (b), (b-5), or (g-7) of this Section shall be
24guilty of a petty offense and fined no less than $50 nor more
25than $500. A second or subsequent violation of paragraphs (a),
26(a-5), (a-10), (b), (b-5), or (g-7) of this Section shall be

 

 

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1treated as a Class C misdemeanor and the violator fined no less
2than $100 nor more than $500. Any person convicted under
3paragraphs (a), (a-5), (b), or (b-5) of this Section shall be
4ordered to alter any nonconforming windows into compliance with
5this Section.
6    (k) Nothing in this Section shall create a cause of action
7on behalf of a buyer against a vehicle dealer or manufacturer
8who sells a motor vehicle with a window which is in violation
9of this Section.
10    (l) The Secretary of State shall provide a notice of the
11requirements of this Section to a new resident applying for
12vehicle registration in this State pursuant to Section 3-801 of
13this Code. The Secretary of State may comply with this
14subsection by posting the requirements of this Section on the
15Secretary of State's website.
16    (m) A home rule unit may not regulate motor vehicles in a
17manner inconsistent with this Section. This Section is a
18limitation under subsection (i) of Section 6 of Article VII of
19the Illinois Constitution on the concurrent exercise by home
20rule units of powers and functions exercised by the State.
21(Source: P.A. 98-153, eff. 1-1-14.)