103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4603

 

Introduced 1/31/2024, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-413  from Ch. 95 1/2, par. 3-413
625 ILCS 5/3-701  from Ch. 95 1/2, par. 3-701
625 ILCS 5/11-601  from Ch. 95 1/2, par. 11-601
625 ILCS 5/11-709  from Ch. 95 1/2, par. 11-709
625 ILCS 5/12-201  from Ch. 95 1/2, par. 12-201
625 ILCS 5/12-208  from Ch. 95 1/2, par. 12-208
625 ILCS 5/12-503  from Ch. 95 1/2, par. 12-503
625 ILCS 5/12-602  from Ch. 95 1/2, par. 12-602
625 ILCS 5/12-603.1  from Ch. 95 1/2, par. 12-603.1
625 ILCS 5/12-608  from Ch. 95 1/2, par. 12-608

    Amends the Illinois Vehicle Code. Provides that no law enforcement officer shall stop a motor vehicle for: (i) failing to display registration plates or stickers; (ii) being operated with an expired registration sticker; (iii) violating general speed restrictions (unless that violation is a misdemeanor or felony offense); (iv) improper lane usage (unless that violation is a misdemeanor or felony offense); (v) failing to comply with certain requirements concerning vehicle lamps; (vi) excessive tint; (vii) defective mirrors; (viii) an obstructed windshield or defective windshield wipers; (ix) defective bumpers; (x) excessive exhaust; and (xi) failure of the vehicle operator to wear a safety belt. Provides that no evidence discovered or obtained as the result of a stop in violation of these provisions, including, but not limited to, evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding. Preempts home rule powers.


LRB103 37689 MXP 67816 b

 

 

A BILL FOR

 

HB4603LRB103 37689 MXP 67816 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
5changing Sections 3-413, 3-701, 11-601, 11-709, 12-201,
612-208, 12-503, 12-602, 12-603.1, and 12-608 as follows:
 
7    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
8    Sec. 3-413. Display of registration plates or digital
9registration plates, registration stickers or digital
10registration stickers, and drive-away permits; registration
11plate or digital registration plate covers.
12    (a) Registration plates or digital registration plates
13issued for a motor vehicle other than a motorcycle, autocycle,
14trailer, semitrailer, truck-tractor, apportioned bus, or
15apportioned truck shall be attached thereto, one in the front
16and one in the rear. The registration plate or digital
17registration plate issued for a motorcycle, autocycle, trailer
18or semitrailer required to be registered hereunder and any
19apportionment plate issued to a bus under the provisions of
20this Code shall be attached to the rear thereof. The
21registration plate or digital registration plate issued for a
22truck-tractor or an apportioned truck required to be
23registered hereunder shall be attached to the front thereof.

 

 

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1    (b) Except for vehicles with rear loaded motorized
2forklifts, every registration plate or digital registration
3plate shall at all times be securely fastened in a horizontal
4position to the vehicle for which it is issued so as to prevent
5the plate from swinging and at a height of not less than 5
6inches from the ground, measuring from the bottom of such
7plate, in a place and position to be clearly visible and shall
8be maintained in a condition to be clearly legible, free from
9any materials that would obstruct the visibility of the plate.
10A registration plate or digital registration plate on a
11motorcycle may be mounted vertically as long as it is
12otherwise clearly visible. Registration stickers or digital
13registration stickers issued as evidence of renewed annual
14registration shall be attached to registration plates or
15displayed on digital registration plates as required by the
16Secretary of State, and be clearly visible at all times. For
17those vehicles with rear loaded motorized forklifts, if the
18rear plate is securely fastened in a horizontal position as
19prescribed, the plate and registration sticker shall not be
20required to be clearly visible at all times as a result of the
21rear mounted motorized forklift obstructing the view.
22    (c) Every drive-away permit issued pursuant to this Code
23shall be firmly attached to the motor vehicle in the manner
24prescribed by the Secretary of State. If a drive-away permit
25is affixed to a motor vehicle in any other manner the permit
26shall be void and of no effect.

 

 

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1    (d) The Illinois prorate decal issued to a foreign
2registered vehicle part of a fleet prorated or apportioned
3with Illinois, shall be displayed on a registration plate or
4digital registration plate and displayed on the front of such
5vehicle in the same manner as an Illinois registration plate
6or digital registration plate.
7    (e) The registration plate or digital registration plate
8issued for a camper body mounted on a truck displaying
9registration plates or digital registration plates shall be
10attached to the rear of the camper body.
11    (f) No person shall operate a vehicle, nor permit the
12operation of a vehicle, upon which is displayed an Illinois
13registration plate or plates or digital registration plate or
14plates or registration stickers or digital registration
15stickers, except as provided for in subsection (b) of Section
163-701 of this Code, after the termination of the registration
17period for which issued or after the expiration date set
18pursuant to Sections 3-414 and 3-414.1 of this Code.
19    (g) A person may not operate any motor vehicle that is
20equipped with registration plate or digital registration plate
21covers. A violation of this subsection (g) or a similar
22provision of a local ordinance is an offense against laws and
23ordinances regulating the movement of traffic.
24    (h) A person may not sell or offer for sale a registration
25plate or digital registration plate cover. A violation of this
26subsection (h) is a business offense.

 

 

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1    (i) A person may not advertise for the purpose of
2promoting the sale of registration plate or digital
3registration plate covers. A violation of this subsection (i)
4is a business offense.
5    (j) A person may not modify the original manufacturer's
6mounting location of the rear registration plate or digital
7registration plate on any vehicle so as to conceal the
8registration or to knowingly cause it to be obstructed in an
9effort to hinder a peace officer from obtaining the
10registration for the enforcement of a violation of this Code,
11Section 27.1 of the Toll Highway Act concerning toll evasion,
12or any municipal ordinance. Modifications prohibited by this
13subsection (j) include but are not limited to the use of an
14electronic device. A violation of this subsection (j) is a
15Class A misdemeanor.
16    (k) No law enforcement officer shall stop a motor vehicle
17for a violation of this Section. No evidence discovered or
18obtained as the result of a stop in violation of this
19subsection, including, but not limited to, evidence discovered
20or obtained with the operator's consent, shall be admissible
21in any trial, hearing, or other proceeding. A home rule unit
22may not regulate motor vehicles in a manner inconsistent with
23this subsection. This subsection is a limitation under
24subsection (i) of Section 6 of Article VII of the Illinois
25Constitution on the concurrent exercise by home rule units of
26powers and functions exercised by the State.

 

 

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1(Source: P.A. 101-395, eff. 8-16-19.)
 
2    (625 ILCS 5/3-701)  (from Ch. 95 1/2, par. 3-701)
3    Sec. 3-701. Operation of vehicles without evidence of
4registration - Operation under mileage plates when odometer
5broken or disconnected.
6    (a) No person shall operate, nor shall an owner knowingly
7permit to be operated, except as provided in subsection (b) of
8this Section, a vehicle upon any highway unless there shall be
9attached thereto and displayed thereon when and as required by
10law, proper evidence of registration in Illinois, as follows:
11        (1) A vehicle required to be registered in Illinois. A
12    current and valid Illinois registration sticker or
13    stickers and plate or plates or digital registration
14    sticker or stickers and digital plate or plates, or an
15    Illinois temporary registration permit, or a drive-away or
16    in-transit permit, issued therefor by the Secretary of
17    State.
18        (2) A vehicle eligible for Reciprocity. A current and
19    valid reciprocal foreign registration plate or digital
20    registration plate or plates properly issued to such
21    vehicle or a temporary registration issued therefor, by
22    the reciprocal State, and, in addition, when required by
23    the Secretary, a current and valid Illinois Reciprocity
24    Permit or Prorate Decal issued therefor by the Secretary
25    of State; or except as otherwise expressly provided for in

 

 

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1    this Chapter.
2        (3) A vehicle commuting for repairs in Illinois. A
3    dealer plate issued by a foreign state shall exempt a
4    vehicle from the requirements of this Section if the
5    vehicle is being operated for the purpose of transport to
6    a repair facility in Illinois to have repairs performed on
7    the vehicle displaying foreign dealer plates. The driver
8    of the motor vehicle bearing dealer plates shall provide a
9    work order or contract with the repair facility to a law
10    enforcement officer upon request.
11    (b) A person may operate or permit operation of a vehicle
12upon any highway a vehicle that has been properly registered
13but does not display a current and valid Illinois registration
14sticker or digital registration sticker if he or she has
15proof, in the form of a printed receipt from the Secretary,
16that he or she registered the vehicle before the previous
17registration's expiration but has not received a new
18registration sticker or digital registration sticker from the
19Secretary. This printed proof of registration is valid for 30
20days from the expiration of the previous registration
21sticker's or digital registration sticker's date.
22    (c) No person shall operate, nor shall any owner knowingly
23permit to be operated, any vehicle of the second division for
24which the owner has made an election to pay the mileage tax in
25lieu of the annual flat weight tax, at any time when the
26odometer of such vehicle is broken or disconnected, or is

 

 

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1inoperable or not operating.
2    (d) No law enforcement officer shall stop a motor vehicle
3for a violation of this Section. No evidence discovered or
4obtained as the result of a stop in violation of this
5subsection, including, but not limited to, evidence discovered
6or obtained with the operator's consent, shall be admissible
7in any trial, hearing, or other proceeding. A home rule unit
8may not regulate motor vehicles in a manner inconsistent with
9this subsection. This subsection is a limitation under
10subsection (i) of Section 6 of Article VII of the Illinois
11Constitution on the concurrent exercise by home rule units of
12powers and functions exercised by the State.
13(Source: P.A. 101-395, eff. 8-16-19.)
 
14    (625 ILCS 5/11-601)  (from Ch. 95 1/2, par. 11-601)
15    Sec. 11-601. General speed restrictions.
16    (a) No vehicle may be driven upon any highway of this State
17at a speed which is greater than is reasonable and proper with
18regard to traffic conditions and the use of the highway, or
19endangers the safety of any person or property. The fact that
20the speed of a vehicle does not exceed the applicable maximum
21speed limit does not relieve the driver from the duty to
22decrease speed when approaching and crossing an intersection,
23approaching and going around a curve, when approaching a hill
24crest, when traveling upon any narrow or winding roadway, or
25when special hazard exists with respect to pedestrians or

 

 

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1other traffic or by reason of weather or highway conditions.
2Speed must be decreased as may be necessary to avoid colliding
3with any person or vehicle on or entering the highway in
4compliance with legal requirements and the duty of all persons
5to use due care.
6    (a-5) For purposes of this Section, "urban district" does
7not include any interstate highway as defined by Section
81-133.1 of this Code which includes all highways under the
9jurisdiction of the Illinois State Toll Highway Authority.
10    (b) No person may drive a vehicle upon any highway of this
11State at a speed which is greater than the applicable
12statutory maximum speed limit established by paragraphs (c),
13(d), (e), (f) or (g) of this Section, by Section 11-605 or by a
14regulation or ordinance made under this Chapter.
15    (c) Unless some other speed restriction is established
16under this Chapter, the maximum speed limit in an urban
17district for all vehicles is:
18        1. 30 miles per hour; and
19        2. 15 miles per hour in an alley.
20    (d) Unless some other speed restriction is established
21under this Chapter, the maximum speed limit outside an urban
22district for any vehicle is (1) 65 miles per hour for all or
23part of highways that are designated by the Department, have
24at least 4 lanes of traffic, and have a separation between the
25roadways moving in opposite directions and (2) 55 miles per
26hour for all other highways, roads, and streets.

 

 

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1    (d-1) Unless some other speed restriction is established
2under this Chapter, the maximum speed limit outside an urban
3district for any vehicle is (1) 70 miles per hour on any
4interstate highway as defined by Section 1-133.1 of this Code
5which includes all highways under the jurisdiction of the
6Illinois State Toll Highway Authority; (2) 65 miles per hour
7for all or part of highways that are designated by the
8Department, have at least 4 lanes of traffic, and have a
9separation between the roadways moving in opposite directions;
10and (3) 55 miles per hour for all other highways, roads, and
11streets. The counties of Cook, DuPage, Kane, Lake, Madison,
12McHenry, St. Clair, and Will may adopt ordinances setting a
13maximum speed limit on highways, roads, and streets that is
14lower than the limits established by this Section.
15    (e) In the counties of Cook, DuPage, Kane, Lake, McHenry,
16and Will, unless some lesser speed restriction is established
17under this Chapter, the maximum speed limit outside an urban
18district for a second division vehicle designed or used for
19the carrying of a gross weight of 8,001 pounds or more
20(including the weight of the vehicle and maximum load) is 60
21miles per hour on any interstate highway as defined by Section
221-133.1 of this Code and 55 miles per hour on all other
23highways, roads, and streets.
24    (e-1) (Blank).
25    (f) Unless some other speed restriction is established
26under this Chapter, the maximum speed limit outside an urban

 

 

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1district for a bus is:
2        1. 65 miles per hour upon any highway which has at
3    least 4 lanes of traffic and of which the roadways for
4    traffic moving in opposite directions are separated by a
5    strip of ground which is not surfaced or suitable for
6    vehicular traffic, except that the maximum speed limit for
7    a bus on all highways, roads, or streets not under the
8    jurisdiction of the Department or the Illinois State Toll
9    Highway Authority is 55 miles per hour;
10        1.5. 70 miles per hour upon any interstate highway as
11    defined by Section 1-133.1 of this Code outside the
12    counties of Cook, DuPage, Kane, Lake, McHenry, and Will;
13    and
14        2. 55 miles per hour on any other highway.
15    (g) (Blank).
16    (h) Notwithstanding any other provision of this Code, no
17law enforcement officer shall stop a motor vehicle for a
18violation of the general speed restrictions recognized or
19established under this Article, unless the violation is
20chargeable as a misdemeanor or felony under this Code. No
21evidence discovered or obtained as the result of a stop in
22violation of this subsection, including, but not limited to,
23evidence discovered or obtained with the operator's consent,
24shall be admissible in any trial, hearing, or other
25proceeding. A home rule unit may not regulate motor vehicles
26in a manner inconsistent with this subsection. This subsection

 

 

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1is a limitation under subsection (i) of Section 6 of Article
2VII of the Illinois Constitution on the concurrent exercise by
3home rule units of powers and functions exercised by the
4State.
5(Source: P.A. 98-511, eff. 1-1-14; 98-1126, eff. 1-1-15;
698-1128, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
7    (625 ILCS 5/11-709)  (from Ch. 95 1/2, par. 11-709)
8    Sec. 11-709. Driving on roadways laned for traffic.
9Whenever any roadway has been divided into 2 or more clearly
10marked lanes for traffic the following rules in addition to
11all others consistent herewith shall apply.
12    (a) A vehicle shall be driven as nearly as practicable
13entirely within a single lane and shall not be moved from such
14lane until the driver has first ascertained that such movement
15can be made with safety.
16    (b) Upon a roadway which is divided into 3 lanes and
17provides for two-way movement of traffic, a vehicle shall not
18be driven in the center lane except when overtaking and
19passing another vehicle traveling in the same direction when
20such center lane is clear of traffic within a safe distance, or
21in preparation for making a left turn or where such center lane
22is at the time allocated exclusively to traffic moving in the
23same direction that the vehicle is proceeding and such
24allocation is designated by official traffic control devices.
25    (c) Official traffic control devices may be erected

 

 

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1directing specific traffic to use a designated lane or
2designating those lanes to be used by traffic moving in a
3particular direction regardless of the center of the roadway
4and drivers of vehicles shall obey the directions of every
5such device. On multi-lane controlled access highways with 3
6or more lanes in one direction or on any multi-laned highway
7with 2 or more lanes in one direction, the Department may
8designate lanes of traffic to be used by different types of
9motor vehicles. Drivers must obey lane designation signing
10except when it is necessary to use a different lane to make a
11turning maneuver.
12    (d) Official traffic control devices may be installed
13prohibiting the changing of lanes on sections of roadway and
14drivers of vehicles shall obey the directions of every such
15device.
16    (e) A person is not in violation of this Section if he or
17she is complying with Section 11-907, 11-907.5, or 11-908.
18    (f) No law enforcement officer shall stop a motor vehicle
19for a violation of this Section, unless the violation is
20chargeable as a misdemeanor or felony under this Code. No
21evidence discovered or obtained as the result of a stop in
22violation of this subsection, including, but not limited to,
23evidence discovered or obtained with the operator's consent,
24shall be admissible in any trial, hearing, or other
25proceeding. A home rule unit may not regulate motor vehicles
26in a manner inconsistent with this subsection. This subsection

 

 

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1is a limitation under subsection (i) of Section 6 of Article
2VII of the Illinois Constitution on the concurrent exercise by
3home rule units of powers and functions exercised by the
4State.
5(Source: P.A. 101-173, eff. 1-1-20.)
 
6    (625 ILCS 5/12-201)  (from Ch. 95 1/2, par. 12-201)
7    Sec. 12-201. When lighted lamps are required.
8    (a) When operated upon any highway in this State, every
9motorcycle shall at all times exhibit at least one lighted
10lamp, showing a white light visible for at least 500 feet in
11the direction the motorcycle is proceeding. However, in lieu
12of such lighted lamp, a motorcycle may be equipped with and use
13a means of modulating the upper beam of the head lamp between
14high and a lower brightness. No such head lamp shall be
15modulated, except to otherwise comply with this Code, during
16times when lighted lamps are required for other motor
17vehicles.
18    (b) All other motor vehicles shall exhibit at least 2
19lighted head lamps, with at least one on each side of the front
20of the vehicle, which satisfy United States Department of
21Transportation requirements, showing white lights, including
22that emitted by high intensity discharge (HID) lamps, or
23lights of a yellow or amber tint, during the period from sunset
24to sunrise, at times when rain, snow, fog, or other
25atmospheric conditions require the use of windshield wipers,

 

 

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1and at any other times when, due to insufficient light or
2unfavorable atmospheric conditions, persons and vehicles on
3the highway are not clearly discernible at a distance of 1000
4feet. Parking lamps may be used in addition to but not in lieu
5of such head lamps. Every motor vehicle, trailer, or
6semi-trailer shall also exhibit at least 2 lighted lamps,
7commonly known as tail lamps, which shall be mounted on the
8left rear and right rear of the vehicle so as to throw a red
9light visible for at least 500 feet in the reverse direction,
10except that a truck tractor or road tractor manufactured
11before January 1, 1968 and all motorcycles need be equipped
12with only one such tail lamp.
13    (c) Either a tail lamp or a separate lamp shall be so
14constructed and placed as to illuminate with a white light a
15rear registration plate when required and render it clearly
16legible from a distance of 50 feet to the rear. Any tail lamp
17or tail lamps, together with any separate lamp or lamps for
18illuminating a rear registration plate, shall be so wired as
19to be lighted whenever the head lamps or auxiliary driving
20lamps are lighted.
21    (d) A person shall install only head lamps that satisfy
22United States Department of Transportation regulations and
23show white light, including that emitted by HID lamps, or
24light of a yellow or amber tint for use by a motor vehicle.
25    (e) (Blank).
26    (f) No law enforcement officer shall stop a motor vehicle

 

 

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1for a violation of this Section. No evidence discovered or
2obtained as the result of a stop in violation of this
3subsection, including, but not limited to, evidence discovered
4or obtained with the operator's consent, shall be admissible
5in any trial, hearing, or other proceeding. A home rule unit
6may not regulate motor vehicles in a manner inconsistent with
7this subsection. This subsection is a limitation under
8subsection (i) of Section 6 of Article VII of the Illinois
9Constitution on the concurrent exercise by home rule units of
10powers and functions exercised by the State.
11(Source: P.A. 96-487, eff. 1-1-10.)
 
12    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
13    Sec. 12-208. Signal lamps and signal devices.
14    (a) Every vehicle other than an antique vehicle displaying
15an antique plate or an expanded-use antique vehicle displaying
16expanded-use antique vehicle plates operated in this State
17shall be equipped with a stop lamp or lamps on the rear of the
18vehicle which shall display a red or amber light visible from a
19distance of not less than 500 feet to the rear in normal
20sunlight and which shall be actuated upon application of the
21service (foot) brake, and which may but need not be
22incorporated with other rear lamps. During times when lighted
23lamps are not required, an antique vehicle or an expanded-use
24antique vehicle may be equipped with a stop lamp or lamps on
25the rear of such vehicle of the same type originally installed

 

 

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1by the manufacturer as original equipment and in working
2order. However, at all other times, except as provided in
3subsection (a-1), such antique vehicle or expanded-use antique
4vehicle must be equipped with stop lamps meeting the
5requirements of Section 12-208 of this Act.
6    (a-1) A motorcycle or an antique vehicle or an
7expanded-use antique vehicle, including an antique motorcycle,
8may display a blue light or lights of up to one inch in
9diameter as part of the vehicle's rear stop lamp or lamps.
10    (b) Every motor vehicle other than an antique vehicle
11displaying an antique plate or an expanded-use antique vehicle
12displaying expanded-use antique vehicle plates shall be
13equipped with an electric turn signal device which shall
14indicate the intention of the driver to turn to the right or to
15the left, change lanes, turn a vehicle, or otherwise turn or
16maneuver a vehicle from a direct course of travel in the form
17of flashing lights located at and showing to the front and rear
18of the vehicle on the side of the vehicle toward which the turn
19is to be made. The lamps showing to the front shall be mounted
20on the same level and as widely spaced laterally as
21practicable and, when signaling, shall emit a white or amber
22light, or any shade of light between white and amber. The lamps
23showing to the rear shall be mounted on the same level and as
24widely spaced laterally as practicable and, when signaling,
25shall emit a red or amber light. An antique vehicle or
26expanded-use antique vehicle shall be equipped with a turn

 

 

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1signal device of the same type originally installed by the
2manufacturer as original equipment and in working order.
3    (c) Every trailer and semitrailer shall be equipped with
4an electric turn signal device which indicates the intention
5of the driver in the power unit to turn to the right or to the
6left in the form of flashing red or amber lights located at the
7rear of the vehicle on the side toward which the turn is to be
8made and mounted on the same level and as widely spaced
9laterally as practicable.
10    (d) Turn signal lamps must be visible from a distance of
11not less than 300 feet in normal sunlight.
12    (e) Motorcycles and motor-driven cycles need not be
13equipped with electric turn signals. Antique vehicles and
14expanded-use antique vehicles need not be equipped with turn
15signals unless such were installed by the manufacturer as
16original equipment.
17    (f) (Blank).
18    (g) Motorcycles and motor-driven cycles may be equipped
19with a stop lamp or lamps on the rear of the vehicle that
20display a red or amber light, visible from a distance of not
21less than 500 feet to the rear in normal sunlight, that flashes
22and becomes steady only when the brake is actuated.
23    (h) Electric turn signal lamps shall not be flashed or
24left in the on position other than to indicate the intention of
25a driver to turn a vehicle left or right, change lanes, or
26otherwise turn or maneuver a vehicle from a direct course of

 

 

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1travel.
2    (i) No law enforcement officer shall stop a motor vehicle
3for a violation of this Section. No evidence discovered or
4obtained as the result of a stop in violation of this
5subsection, including, but not limited to, evidence discovered
6or obtained with the operator's consent, shall be admissible
7in any trial, hearing, or other proceeding. A home rule unit
8may not regulate motor vehicles in a manner inconsistent with
9this subsection. This subsection is a limitation under
10subsection (i) of Section 6 of Article VII of the Illinois
11Constitution on the concurrent exercise by home rule units of
12powers and functions exercised by the State.
13(Source: P.A. 102-508, eff. 8-20-21.)
 
14    (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)
15    Sec. 12-503. Windshields must be unobstructed and equipped
16with wipers.
17    (a) No person shall drive a motor vehicle with any sign,
18poster, window application, reflective material, nonreflective
19material, or tinted film upon the front windshield, except
20that a nonreflective tinted film may be used along the
21uppermost portion of the windshield if such material does not
22extend more than 6 inches down from the top of the windshield.
23    (a-3) No new or used motor vehicle dealer shall permit a
24driver to drive a motor vehicle offered for sale or lease off
25the premises where the motor vehicle is being offered for sale

 

 

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1or lease, including when the driver is test driving the
2vehicle, with signs, decals, paperwork, or other material on
3the front windshield or on the windows immediately adjacent to
4each side of the driver that would obstruct the driver's view
5in violation of subsection (a) of this Section. For purposes
6of this subsection (a-3), "test driving" means when a driver,
7with permission of the new or used vehicle dealer or employee
8of the new or used vehicle dealer, drives a vehicle owned and
9held for sale or lease by a new or used vehicle dealer that the
10driver is considering to purchase or lease.
11    (a-5) No window treatment or tinting shall be applied to
12the windows immediately adjacent to each side of the driver,
13except:
14        (1) On vehicles where none of the windows to the rear
15    of the driver's seat are treated in a manner that allows
16    less than 30% light transmittance, a nonreflective tinted
17    film that allows at least 50% light transmittance, with a
18    5% variance observed by any law enforcement official
19    metering the light transmittance, may be used on the
20    vehicle windows immediately adjacent to each side of the
21    driver.
22        (2) On vehicles where none of the windows to the rear
23    of the driver's seat are treated in a manner that allows
24    less than 35% light transmittance, a nonreflective tinted
25    film that allows at least 35% light transmittance, with a
26    5% variance observed by any law enforcement official

 

 

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1    metering the light transmittance, may be used on the
2    vehicle windows immediately adjacent to each side of the
3    driver.
4        (3) (Blank).
5        (4) On vehicles where a nonreflective smoked or tinted
6    glass that was originally installed by the manufacturer on
7    the windows to the rear of the driver's seat, a
8    nonreflective tint that allows at least 50% light
9    transmittance, with a 5% variance observed by a law
10    enforcement official metering the light transmittance, may
11    be used on the vehicle windows immediately adjacent to
12    each side of the driver.
13    (a-10) No person shall install or repair any material
14prohibited by subsection (a) of this Section.
15        (1) Nothing in this subsection shall prohibit a person
16    from removing or altering any material prohibited by
17    subsection (a) to make a motor vehicle comply with the
18    requirements of this Section.
19        (2) Nothing in this subsection shall prohibit a person
20    from installing window treatment for a person with a
21    medical condition described in subsection (g) of this
22    Section. An installer who installs window treatment for a
23    person with a medical condition described in subsection
24    (g) must obtain a copy of the certified statement or
25    letter written by a physician described in subsection (g)
26    from the person with the medical condition prior to

 

 

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1    installing the window treatment. The copy of the certified
2    statement or letter must be kept in the installer's
3    permanent records.
4    (b) On motor vehicles where window treatment has not been
5applied to the windows immediately adjacent to each side of
6the driver, the use of a perforated window screen or other
7decorative window application on windows to the rear of the
8driver's seat shall be allowed.
9    (b-5) Any motor vehicle with a window to the rear of the
10driver's seat treated in this manner shall be equipped with a
11side mirror on each side of the motor vehicle which are in
12conformance with Section 12-502.
13    (c) No person shall drive a motor vehicle with any objects
14placed or suspended between the driver and the rear window,
15side wings, or side windows immediately adjacent to each side
16of the driver which materially obstructs the driver's view.
17    (c-5) No person shall drive a motor vehicle with any
18objects placed or suspended between the driver and the front
19windshield which materially obstruct the driver's view. No
20motor vehicle, or driver or passenger of such vehicle, shall
21be stopped or searched by any law enforcement officer solely
22on the basis of a violation or suspected violation of this
23subsection.
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

 

 

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1windshield; and no person shall drive a motor vehicle with
2snow, ice, moisture, or other material on any of the windows or
3mirrors, which materially obstructs the driver's clear view of
4the highway.
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) Subsections (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) Subsections (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
25    or suffering from a medical disease, including, but not
26    limited to, systemic or discoid lupus erythematosus,

 

 

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

 

 

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1    vehicle at all times. The certification shall be legible
2    and shall contain the date of issuance, the name, address,
3    and signature of the attending physician, and the name,
4    address, and medical condition of the person requiring
5    exemption. The information on the certificate for a window
6    treatment must remain current and shall be renewed every 4
7    years by the attending physician. The owner shall also
8    submit a copy of the certification to the Secretary of
9    State. The Secretary of State may forward notice of
10    certification to law enforcement agencies.
11    (g-5) (Blank).
12    (g-7) Installers shall only install window treatment
13authorized by subsection (g) on motor vehicles for which
14distinctive plates or license plate stickers have been issued
15pursuant to subsection (k) of Section 3-412 of this Code. The
16distinctive license plates or plate sticker must be on the
17motor vehicle at the time of window treatment installation.
18    (h) Subsection (a) of this Section shall not apply to
19motor vehicle stickers or other certificates issued by State
20or local authorities which are required to be displayed upon
21motor vehicle windows to evidence compliance with requirements
22concerning motor vehicles.
23    (i) (Blank).
24    (j) A person found guilty of violating subsection (a),
25(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
26shall be guilty of a petty offense and fined no less than $50

 

 

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1nor more than $500. A second or subsequent violation of
2subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
3this Section shall be treated as a Class C misdemeanor and the
4violator fined no less than $100 nor more than $500. Any person
5convicted under subsection (a), (a-5), (b), or (b-5) of this
6Section shall be ordered to alter any nonconforming windows
7into compliance with this Section.
8    (k) Except as provided in subsection (a-3) of this
9Section, nothing in this Section shall create a cause of
10action on behalf of a buyer against a vehicle dealer or
11manufacturer who sells a motor vehicle with a window which is
12in violation of this Section.
13    (l) The Secretary of State shall provide a notice of the
14requirements of this Section to a new resident applying for
15vehicle registration in this State pursuant to Section 3-801
16of this Code. The Secretary of State may comply with this
17subsection by posting the requirements of this Section on the
18Secretary of State's website.
19    (m) No law enforcement officer shall stop a motor vehicle
20for a violation of this Section. No evidence discovered or
21obtained as the result of a stop in violation of this
22subsection, including, but not limited to, evidence discovered
23or obtained with the operator's consent, shall be admissible
24in any trial, hearing, or other proceeding. A home rule unit
25may not regulate motor vehicles in a manner inconsistent with
26this subsection or any other provision of this Section. This

 

 

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1subsection Section is a limitation under subsection (i) of
2Section 6 of Article VII of the Illinois Constitution on the
3concurrent exercise by home rule units of powers and functions
4exercised by the State.
5(Source: P.A. 102-111, eff. 1-1-22; 103-32, eff. 1-1-24.)
 
6    (625 ILCS 5/12-602)  (from Ch. 95 1/2, par. 12-602)
7    Sec. 12-602. Mufflers, prevention of noise.
8    Every motor vehicle driven or operated upon the highways
9of this State shall at all times be equipped with an adequate
10muffler or exhaust system in constant operation and properly
11maintained to prevent any excessive or unusual noise. No such
12muffler or exhaust system shall be equipped with a cutout,
13bypass or similar device. No person shall modify the exhaust
14system of a motor vehicle in a manner which will amplify or
15increase the noise of such vehicle above that emitted by the
16muffler originally installed on the vehicle, and such original
17muffler shall comply with all the requirements of this
18Section. No law enforcement officer shall stop a motor vehicle
19for a violation of this Section. No evidence discovered or
20obtained as the result of a stop in violation of this Section,
21including, but not limited to, evidence discovered or obtained
22with the operator's consent, shall be admissible in any trial,
23hearing, or other proceeding. A home rule unit may not
24regulate motor vehicles in a manner inconsistent with this
25subsection. This Section is a limitation under subsection (i)

 

 

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1of Section 6 of Article VII of the Illinois Constitution on the
2concurrent exercise by home rule units of powers and functions
3exercised by the State.
4(Source: P.A. 77-37.)
 
5    (625 ILCS 5/12-603.1)  (from Ch. 95 1/2, par. 12-603.1)
6    Sec. 12-603.1. Driver and passenger required to use safety
7belts, exceptions and penalty.
8    (a) Each driver and passenger of a motor vehicle operated
9on a street or highway in this State shall wear a properly
10adjusted and fastened seat safety belt. A child less than 8
11years of age shall be protected as required pursuant to the
12Child Passenger Protection Act. Each driver of a motor vehicle
13transporting a child 8 years of age or more, but less than 16
14years of age, shall secure the child in a properly adjusted and
15fastened seat safety belt as required under the Child
16Passenger Protection Act. Each driver of a motor vehicle
17transporting a passenger who is unable, due to infirmity,
18illness, or age, to properly adjust and fasten a seat safety
19belt and is not exempted from wearing a seat safety belt under
20subsection (b) shall secure the passenger in a properly
21adjusted and fastened seat safety belt as required under this
22Section.
23    (b) Paragraph (a) shall not apply to any of the following:
24        1. A driver or passenger frequently stopping and
25    leaving the vehicle or delivering property from the

 

 

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1    vehicle, if the speed of the vehicle between stops does
2    not exceed 15 miles per hour.
3        2. A driver or passenger possessing a written
4    statement from a physician that such person is unable, for
5    medical or physical reasons, to wear a seat safety belt.
6        3. A driver or passenger possessing an official
7    certificate or license endorsement issued by the
8    appropriate agency in another state or country indicating
9    that the driver is unable for medical, physical, or other
10    valid reasons to wear a seat safety belt.
11        4. A driver operating a motor vehicle in reverse.
12        5. A motor vehicle with a model year prior to 1965.
13        6. A motorcycle or motor driven cycle.
14        7. A moped.
15        8. A motor vehicle which is not required to be
16    equipped with seat safety belts under federal law.
17        9. A motor vehicle operated by a rural letter carrier
18    of the United States postal service while performing
19    duties as a rural letter carrier.
20        10. A driver or passenger of an authorized emergency
21    vehicle, except this exception does not apply to vehicles
22    of the fire department; vehicles of the Office of the
23    State Fire Marshal; or ambulances, unless the delivery of
24    life-saving measures prohibits the use of a seat safety
25    belt.
26        11. A back seat passenger of a taxicab.

 

 

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1    (c) Failure to wear a seat safety belt in violation of this
2Section shall not be considered evidence of negligence, shall
3not limit the liability of an insurer, and shall not diminish
4any recovery for damages arising out of the ownership,
5maintenance, or operation of a motor vehicle.
6    (d) A violation of this Section shall be a petty offense
7and subject to a fine not to exceed $25.
8    (e) (Blank).
9    (f) No A law enforcement officer shall stop a motor
10vehicle for a violation of this Section. No evidence
11discovered or obtained as the result of a stop in violation of
12this subsection, including, but not limited to, evidence
13discovered or obtained with the operator's consent, shall be
14admissible in any trial, hearing, or other proceeding may not
15search or inspect a motor vehicle, its contents, the driver,
16or a passenger solely because of a violation of this Section.
A
17home rule unit may not regulate motor vehicles in a manner
18inconsistent with this subsection. This subsection is a
19limitation under subsection (i) of Section 6 of Article VII of
20the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22(Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11;
2398-451, eff. 8-16-13.)
 
24    (625 ILCS 5/12-608)  (from Ch. 95 1/2, par. 12-608)
25    Sec. 12-608. Bumpers.

 

 

HB4603- 30 -LRB103 37689 MXP 67816 b

1    (a) It shall be unlawful to operate any motor vehicle with
2a gross vehicle weight rating of 9,000 pounds or less or any
3motor vehicle registered as a recreational vehicle under this
4Code on any highway of this State unless such motor vehicle is
5equipped with both a front and rear bumper.
6    Except as indicated below, maximum bumper heights of such
7motor vehicles shall be determined by weight category of gross
8vehicle weight rating (GVWR) measured from a level surface to
9the highest point of the bottom of the bumper when the vehicle
10is unloaded and the tires are inflated to the manufacturer's
11recommended pressure.
12    Maximum bumper heights are as follows:
13Maximum FrontMaximum Rear
14Bumper heightBumper Height
15All motor vehicles of the first
16    division except multipurpose
17    passenger vehicles:22 inches22 inches
18Multipurpose passenger vehicles
19and all other motor vehicles:
20    4,500 lbs. and under GVWR24 inches26 inches
21    4,501 lbs. through 7,500
22    lbs. GVWR27 inches29 inches
23    7,501 lbs. through 9,000
24    lbs. GVWR28 inches30 inches
25    It is unlawful to operate upon any highway of this State
26any vehicle with a front bumper height that exceeds 28 inches

 

 

HB4603- 31 -LRB103 37689 MXP 67816 b

1or a rear bumper height that exceeds 30 inches, regardless of
2the GVWR of the vehicle, except those vehicles covered by
3Chapter 18b of this Code.
4    For any vehicle with bumpers or attaching components which
5have been modified or altered from the original manufacturer's
6design in order to conform with the maximum bumper
7requirements of this section, the bumper height shall be
8measured from a level surface to the bottom of the vehicle
9frame rail at the most forward and rearward points of the frame
10rail. The bumper on any vehicle so modified or altered shall be
11at least 4.5 inches in vertical height and extend no less than
12the width of the respective wheel tracks outermost distance.
13    However, nothing in this Section shall prevent the
14installation of bumper guards.
15    (b) This Section shall not apply to street rods, custom
16vehicles, motor vehicles designed or modified primarily for
17off-highway purposes while such vehicles are in tow or to
18motorcycles or motor driven cycles, nor to motor vehicles
19registered as antique vehicles or expanded-use antique
20vehicles when the original design of such antique vehicles or
21expanded-use antique vehicles did not include bumpers. The
22provisions of this Section shall not apply to any motor
23vehicle driven during the first 1000 recorded miles of that
24vehicle, when such vehicle is owned or operated by a
25manufacturer, dealer or transporter displaying a special plate
26or plates as described in Chapter 3 of this Code while such

 

 

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1vehicle is (1) being delivered from the manufacturing or
2assembly plant directly to the purchasing dealer or
3distributor, or from one dealership or distributor to another;
4(2) being moved by the most direct route from one location to
5another for the purpose of installing special bodies or
6equipment; or (3) being driven for purposes of demonstration
7by a prospective buyer with the dealer or his agent present in
8the cab of the vehicle during the demonstration.
9    The dealer shall, prior to the receipt of any deposit made
10or any contract signed by the buyer to secure the purchase of a
11vehicle, inform such buyer, by written statement signed by the
12purchaser to indicate acknowledgment acknowledgement of the
13contents thereof, of the legal requirements of this Section
14regarding front and rear bumpers if such vehicle is not to be
15equipped with bumpers at the time of delivery.
16    (c) Any violation of this Section is a Class C
17misdemeanor. A second conviction under this Section shall be
18punishable with a fine of not less than $500. An officer making
19an arrest under this Section shall order the vehicle driver to
20remove the vehicle from the highway. A person found in
21violation of convicted under this Section shall be ordered to
22bring his vehicle into compliance with this Section.
23    (d) No law enforcement officer shall stop a motor vehicle
24for a violation of this Section. No evidence discovered or
25obtained as the result of a stop in violation of this
26subsection, including, but not limited to, evidence discovered

 

 

HB4603- 33 -LRB103 37689 MXP 67816 b

1or obtained with the operator's consent, shall be admissible
2in any trial, hearing, or other proceeding. A home rule unit
3may not regulate motor vehicles in a manner inconsistent with
4this subsection. This subsection is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule units of
7powers and functions exercised by the State.
8(Source: P.A. 97-412, eff. 1-1-12.)