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91_HB1408sam001
LRB9104047KScsam
1 AMENDMENT TO HOUSE BILL 1408
2 AMENDMENT NO. . Amend House Bill 1408 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 12-503."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 12-503 as follows:
10 (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
11 Sec. 12-503. Windshields must be unobstructed and
12 equipped with wipers.
13 (a) No person shall drive a motor vehicle with any sign,
14 poster, window application, reflective material,
15 nonreflective material or tinted film upon the front
16 windshield, sidewings or side windows immediately adjacent to
17 each side of the driver. A nonreflective tinted film may be
18 used along the uppermost portion of the windshield if such
19 material does not extend more than 6 inches down from the top
20 of the windshield. Nothing in this Section shall create a
21 cause of action on behalf of a buyer against a dealer or
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1 manufacturer who sells a motor vehicle with a window which is
2 in violation of this Section.
3 (a-1) No person shall sell or lease a new or used motor
4 vehicle that would be unlawful pursuant to subsection (a) of
5 this Section for the buyer to operate in this State.
6 (b) Nothing contained in this Section shall prohibit the
7 use or sale of a motor vehicle with a nonreflective, smoked
8 or tinted glass, nonreflective film, perforated window screen
9 or other decorative window application on windows to the rear
10 of the driver's seat, except that any motor vehicle with a
11 window to the rear of the driver's seat treated in this
12 manner shall be equipped with a side mirror on each side of
13 the motor vehicle which are in conformance with Section
14 12-502.
15 (c) No person shall drive a motor vehicle with any
16 objects placed or suspended between the driver and the front
17 windshield, rear window, side wings or side windows
18 immediately adjacent to each side of the driver which
19 materially obstructs the driver's view.
20 (d) Every motor vehicle, except motorcycles, shall be
21 equipped with a device, controlled by the driver, for
22 cleaning rain, snow, moisture or other obstructions from the
23 windshield; and no person shall drive a motor vehicle with
24 snow, ice, moisture or other material on any of the windows
25 or mirrors, which materially obstructs the driver's clear
26 view of the highway.
27 (e) No person shall drive a motor vehicle when the
28 windshield, side or rear windows are in such defective
29 condition or repair as to materially impair the driver's view
30 to the front, side or rear. A vehicle equipped with a side
31 mirror on each side of the vehicle which are in conformance
32 with Section 12-502 will be deemed to be in compliance in the
33 event the rear window of the vehicle is materially obscured.
34 (f) Paragraphs (a) and (b) of this Section shall not
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1 apply to:
2 (1) motor vehicles manufactured prior to January 1,
3 1982; or
4 (2) to those motor vehicles properly registered in
5 another jurisdiction.
6 (g) Paragraph (a) of this Section shall not apply to any
7 motor vehicle with a window treatment, including but not
8 limited to a window application, reflective material,
9 nonreflective material, or tinted film, applied or affixed to
10 the motor vehicle for the purposes set forth in item (1) or
11 (2) before the effective date of this amendatory Act of 1997
12 and:
13 (1) that is owned and operated by a person
14 afflicted with or suffering from a medical illness,
15 ailment, or disease which would require that person to be
16 shielded from the direct rays of the sun; or
17 (2) that is used in transporting a person when the
18 person resides at the same address as the registered
19 owner of the vehicle and the person is afflicted with or
20 suffering from a medical illness, ailment or disease
21 which would require the person to be shielded from the
22 direct rays of the sun;
23 It must be certified by a physician licensed to
24 practice medicine in Illinois that such person owning and
25 operating or being transported in a motor vehicle is
26 afflicted with or suffers from such illness, ailment, or
27 disease and such certification must be carried in the
28 motor vehicle at all times. The certification shall be
29 legible and shall contain the date of issuance, the name,
30 address and signature of the attending physician, and the
31 name, address, and medical condition of the person
32 requiring exemption. The information on the certificate
33 for a window treatment applied or affixed before the
34 effective date of this amendatory Act of 1997 must remain
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1 current and shall be renewed annually by the attending
2 physician, but in no event shall a certificate issued for
3 purposes of this subsection be valid on or after January
4 1, 2008. The person shall also submit a copy of the
5 certification to the Secretary of State. The Secretary of
6 State may forward notice of certification to law
7 enforcement agencies.
8 This subsection shall not be construed to authorize
9 window treatments applied or affixed on or after the
10 effective date of this amendatory Act of 1997.
11 The exemption provided by this subsection (g) shall not
12 apply to any motor vehicle on and after January 1, 2008.
13 (h) Paragraph (a) of this Section shall not apply to
14 motor vehicle stickers or other certificates issued by State
15 or local authorities which are required to be displayed upon
16 motor vehicle windows to evidence compliance with
17 requirements concerning motor vehicles.
18 (i) Those motor vehicles exempted under paragraph (f)(1)
19 of this Section shall not cause their windows to be treated
20 as described in paragraph (a) after January 1, 1993.
21 (j) A person found guilty of violating paragraphs (a),
22 (a-1), (b), or (i) of this Section shall be guilty of a petty
23 offense and fined no less than $50 nor more than $500. A
24 second or subsequent violation of paragraphs (a), (a-1), (b),
25 or (i) of this Section shall be treated as a Class C
26 misdemeanor and the violator fined no less than $100 nor more
27 than $500. Any person convicted under paragraphs (a), (a-1),
28 (b), or (i) of this Section shall be ordered to alter any
29 nonconforming windows into compliance with this Section.
30 (Source: P.A. 90-389, eff. 1-1-98.)".