HB3325 Engrossed LRB096 05916 AJT 15997 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. The purpose of this Act is to allow drivers or
5 passengers of motor vehicles to protect themselves from skin
6 cancer, while at the same time to protect the environment from
7 the harmful emissions created by the excessive and unnecessary
8 use of vehicle air-conditioning systems.
 
9     Section 5. The Illinois Vehicle Code is amended by changing
10 Section 12-503 as follows:
 
11     (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)
12     Sec. 12-503. Windshields must be unobstructed and equipped
13 with wipers.
14     (a) No person shall drive a motor vehicle with any sign,
15 poster, window application, reflective material, nonreflective
16 material or tinted film upon the front windshield, sidewings or
17 side windows immediately adjacent to each side of the driver,
18 except as provided in this subsection and subsections (a-5),
19 (a-7), and (a-9) of this Section. A nonreflective tinted film
20 may be used along the uppermost portion of the windshield if
21 such material does not extend more than 6 inches down from the
22 top of the windshield. Nothing in this Section shall create a

 

 

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1 cause of action on behalf of a buyer against a dealer or
2 manufacturer who sells a motor vehicle with a window which is
3 in violation of this Section.
4     (a-5) A nonreflective tinted film that does not allow less
5 than 50% light transmittance, with a 5% variance observed by
6 any law enforcement official metering the light transmittance,
7 may be used on the side windows immediately adjacent to each
8 side of the driver. This subsection does not apply to the front
9 windshield. This subsection does not apply to any motor
10 vehicle, except as provided for in subsection (a-9) of this
11 Section, that has one or more windows to the rear of the
12 driver's seat treated in a manner described by subsection (b)
13 of this Section that allows less than 30% light transmittance.
14     (a-7) A nonreflective tinted film that does not allow less
15 than 35% light transmittance, with a 5% variance observed by
16 any law enforcement official metering the light transmittance,
17 may be used on the side windows immediately adjacent to each
18 side of the driver. This subsection does not apply to the front
19 windshield. This subsection does not apply to any motor vehicle
20 that has one or more windows to the rear of the driver's seat
21 treated in a manner described by subsection (b) of this Section
22 that allows less than 35% light transmittance.
23     (a-9) A nonreflective tinted film that does not allow less
24 than 50% light transmittance, with a 5% variance observed by
25 any law enforcement official metering the light transmittance,
26 may be used on the side windows immediately adjacent to each

 

 

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1 side of the driver in any multipurpose passenger vehicle, as
2 defined by Section 1-148.3b of this Code. This Section does not
3 apply to any multipurpose passenger vehicle which has tinting
4 other than the tinting originally applied by the manufacturer.
5     (b) Nothing contained in this Section shall prohibit the
6 use of nonreflective, smoked or tinted glass, nonreflective
7 film, perforated window screen or other decorative window
8 application on windows to the rear of the driver's seat, except
9 that any motor vehicle with a window to the rear of the
10 driver's seat treated in this manner shall be equipped with a
11 side mirror on each side of the motor vehicle which are in
12 conformance with Section 12-502.
13     (c) No person shall drive a motor vehicle with any objects
14 placed or suspended between the driver and the front
15 windshield, rear window, side wings or side windows immediately
16 adjacent to each side of the driver which materially obstructs
17 the driver's view.
18     (d) Every motor vehicle, except motorcycles, shall be
19 equipped with a device, controlled by the driver, for cleaning
20 rain, snow, moisture or other obstructions from the windshield;
21 and no person shall drive a motor vehicle with snow, ice,
22 moisture or other material on any of the windows or mirrors,
23 which materially obstructs the driver's clear view of the
24 highway.
25     (e) No person shall drive a motor vehicle when the
26 windshield, side or rear windows are in such defective

 

 

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1 condition or repair as to materially impair the driver's view
2 to the front, side or rear. A vehicle equipped with a side
3 mirror on each side of the vehicle which are in conformance
4 with Section 12-502 will be deemed to be in compliance in the
5 event the rear window of the vehicle is materially obscured.
6     (f) Paragraphs (a) and (b) of this Section shall not apply
7 to:
8         (1) (Blank). motor vehicles manufactured prior to
9     January 1, 1982; or
10         (2) to those motor vehicles properly registered in
11     another jurisdiction.
12     (g) Paragraph (a) of this Section shall not apply to any
13 motor vehicle with a window treatment, including but not
14 limited to a window application, reflective material,
15 nonreflective material, or tinted film, applied or affixed to a
16 motor vehicle that:
17         (1) is owned and operated by a person afflicted with or
18     suffering from a medical illness, ailment, or disease,
19     including but not limited to systemic or discoid lupus
20     erythematosus, disseminated superficial actinic
21     porokeratosis, or albinism, which would require that
22     person to be shielded from the direct rays of the sun; or
23         (2) is used in transporting a person when the person
24     resides at the same address as the registered owner of the
25     vehicle and the person is afflicted with or suffering from
26     a medical illness, ailment or disease which would require

 

 

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1     the person to be shielded from the direct rays of the sun,
2     including but not limited to systemic or discoid lupus
3     erythematosus, disseminated superficial actinic
4     porokeratosis, or albinism.
5         The owner must obtain a certified statement or letter
6     written by a physician licensed to practice medicine in
7     Illinois that such person owning and operating or being
8     transported in a motor vehicle is afflicted with or suffers
9     from such illness, ailment, or disease, including but not
10     limited to systemic or discoid lupus erythematosus,
11     disseminated superficial actinic porokeratosis, or
12     albinism, and such certification must be carried in the
13     motor vehicle at all times. The certification shall be
14     legible and shall contain the date of issuance, the name,
15     address and signature of the attending physician, and the
16     name, address, and medical condition of the person
17     requiring exemption. The information on the certificate
18     for a window treatment must remain current and shall be
19     renewed annually by the attending physician. The owner
20     shall also submit a copy of the certification to the
21     Secretary of State. The Secretary of State may forward
22     notice of certification to law enforcement agencies.
23     (g-3) Paragraph (a) of this Section shall not apply to any
24 motor vehicle with a window treatment, including but not
25 limited to a window application, nonreflective material, or
26 tinted film, applied or affixed to a motor vehicle displaying a

 

 

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1 distinctive license plates or license plate stickers
2 authorized under subsection (k) of Section 3-412 of this Code.
3     (g-5) (Blank).
4     (g-7) An installer who installs window treatment for a
5 person with a medical condition described in subsection (g)
6 must obtain a copy of the certified statement or letter written
7 by a physician described in subsection (g) from the person with
8 the medical condition prior to installing the window treatment.
9 The copy of the certified statement or letter must be kept in
10 the installer's permanent records.
11     (h) Paragraph (a) of this Section shall not apply to motor
12 vehicle stickers or other certificates issued by State or local
13 authorities which are required to be displayed upon motor
14 vehicle windows to evidence compliance with requirements
15 concerning motor vehicles.
16     (i) (Blank). Those motor vehicles exempted under paragraph
17 (f)(1) of this Section shall not cause their windows to be
18 treated as described in paragraph (a) after January 1, 1993.
19     (j) A person found guilty of violating paragraphs (a), (b),
20 or (g-7) (i) of this Section shall be guilty of a petty offense
21 and fined no less than $50 nor more than $500. A second or
22 subsequent violation of paragraphs (a), (b), or (g-7) (i) of
23 this Section shall be treated as a Class C misdemeanor and the
24 violator fined no less than $100 nor more than $500. Any person
25 convicted under paragraphs (a), (b), or (g-7) (i) of this
26 Section shall be ordered to alter any nonconforming windows

 

 

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1 into compliance with this Section.
2     (k) Nothing in this Section shall create a cause of action
3 on behalf of a buyer against a dealer or manufacturer who sells
4 a motor vehicle with a window which is in violation of this
5 Section.
6 (Source: P.A. 94-564, eff. 8-12-05; 95-202, eff. 8-16-07.)