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Public Act 100-0346


 

Public Act 0346 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0346
 
HB0733 EnrolledLRB100 05691 AXK 15711 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as Brendan's Law.
 
    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.
    (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), (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) Paragraphs (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, 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, 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, or albinism. However, no exemption
    from the requirements of subsection (a-5) shall be granted
    for any condition, such as light sensitivity, 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) 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) (Blank).
    (j) A person found guilty of violating paragraphs (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
paragraphs (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 paragraphs (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 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. 98-153, eff. 1-1-14; 98-737, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect January
1, 2018.

Effective Date: 1/1/2018