Illinois General Assembly - Full Text of HB0096
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Full Text of HB0096  102nd General Assembly

HB0096enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0096 EnrolledLRB102 03765 HEP 13778 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 Section 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
14more than 6 inches down from the top of the windshield.
15    (a-3) No new or used motor vehicle dealer shall permit a
16driver to drive a motor vehicle offered for sale or lease off
17the premises where the motor vehicle is being offered for sale
18or lease, including when the driver is test driving the
19vehicle, with signs, decals, paperwork, or other material on
20the front windshield or on the windows immediately adjacent to
21each side of the driver that would obstruct the driver's view
22in violation of subsection (a) of this Section. For purposes
23of this subsection (a-3), "test driving" means when a driver,

 

 

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1with permission of the new or used vehicle dealer or employee
2of the new or used vehicle dealer, drives a vehicle owned and
3held for sale or lease by a new or used vehicle dealer that the
4driver is considering to purchase or lease.
5    (a-5) No window treatment or tinting shall be applied to
6the windows immediately adjacent to each side of the driver,
7except:
8        (1) On vehicles where none of the windows to the rear
9    of the driver's seat are treated in a manner that allows
10    less than 30% light transmittance, a nonreflective tinted
11    film that allows at least 50% light transmittance, with a
12    5% variance observed by any law enforcement official
13    metering the light transmittance, may be used on the
14    vehicle windows immediately adjacent to each side of the
15    driver.
16        (2) On vehicles where none of the windows to the rear
17    of the driver's seat are treated in a manner that allows
18    less than 35% light transmittance, a nonreflective tinted
19    film that allows at least 35% light transmittance, with a
20    5% variance observed by any law enforcement official
21    metering the light transmittance, may be used on the
22    vehicle windows immediately adjacent to each side of the
23    driver.
24        (3) (Blank).
25        (4) On vehicles where a nonreflective smoked or tinted
26    glass that was originally installed by the manufacturer on

 

 

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1    the windows to the rear of the driver's seat, a
2    nonreflective tint that allows at least 50% light
3    transmittance, with a 5% variance observed by a law
4    enforcement official metering the light transmittance, may
5    be used on the vehicle windows immediately adjacent to
6    each side of the driver.
7    (a-10) No person shall install or repair any material
8prohibited by subsection (a) of this Section.
9        (1) Nothing in this subsection shall prohibit a person
10    from removing or altering any material prohibited by
11    subsection (a) to make a motor vehicle comply with the
12    requirements of this Section.
13        (2) Nothing in this subsection shall prohibit a person
14    from installing window treatment for a person with a
15    medical condition described in subsection (g) of this
16    Section. An installer who installs window treatment for a
17    person with a medical condition described in subsection
18    (g) must obtain a copy of the certified statement or
19    letter written by a physician described in subsection (g)
20    from the person with the medical condition prior to
21    installing the window treatment. The copy of the certified
22    statement or letter must be kept in the installer's
23    permanent records.
24    (b) On motor vehicles where window treatment has not been
25applied to the windows immediately adjacent to each side of
26the driver, the use of a perforated window screen or other

 

 

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1decorative window application on windows to the rear of the
2driver's seat shall be allowed.
3    (b-5) Any motor vehicle with a window to the rear of the
4driver's seat treated in this manner shall be equipped with a
5side mirror on each side of the motor vehicle which are in
6conformance with Section 12-502.
7    (c) No person shall drive a motor vehicle with any objects
8placed or suspended between the driver and the front
9windshield, rear window, side wings or side windows
10immediately adjacent to each side of the driver which
11materially obstructs the driver's view.
12    (d) Every motor vehicle, except motorcycles, shall be
13equipped with a device, controlled by the driver, for cleaning
14rain, snow, moisture or other obstructions from the
15windshield; and no person shall drive a motor vehicle with
16snow, ice, moisture or other material on any of the windows or
17mirrors, which materially obstructs the driver's clear view of
18the highway.
19    (e) No person shall drive a motor vehicle when the
20windshield, side or rear windows are in such defective
21condition or repair as to materially impair the driver's view
22to the front, side or rear. A vehicle equipped with a side
23mirror on each side of the vehicle which are in conformance
24with Section 12-502 will be deemed to be in compliance in the
25event the rear window of the vehicle is materially obscured.
26    (f) Subsections (a), (a-5), (b), and (b-5) of this Section

 

 

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1shall not apply to:
2        (1) (Blank).
3        (2) those motor vehicles properly registered in
4    another jurisdiction.
5    (g) Subsections (a) and (a-5) of this Section shall not
6apply to window treatment, including, but not limited to, a
7window application, nonreflective material, or tinted film,
8applied or affixed to a motor vehicle for which distinctive
9license plates or license plate stickers have been issued
10pursuant to subsection (k) of Section 3-412 of this Code, and
11which:
12        (1) is owned and operated by a person afflicted with
13    or suffering from a medical disease, including, but not
14    limited to, systemic or discoid lupus erythematosus,
15    disseminated superficial actinic porokeratosis, light
16    sensitivity as a result of a traumatic brain injury, or
17    albinism, which would require that person to be shielded
18    from the direct rays of the sun; or
19        (2) is used in transporting a person when the person
20    resides at the same address as the registered owner of the
21    vehicle and the person is afflicted with or suffering from
22    a medical disease which would require the person to be
23    shielded from the direct rays of the sun, including, but
24    not limited to, systemic or discoid lupus erythematosus,
25    disseminated superficial actinic porokeratosis, light
26    sensitivity as a result of a traumatic brain injury, or

 

 

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1    albinism.
2        The owner must obtain a certified statement or letter
3    written by a physician licensed to practice medicine in
4    Illinois that such person owning and operating or being
5    transported in a motor vehicle is afflicted with or
6    suffers from such disease, including, but not limited to,
7    systemic or discoid lupus erythematosus, disseminated
8    superficial actinic porokeratosis, light sensitivity as a
9    result of a traumatic brain injury, or albinism. However,
10    no exemption from the requirements of subsection (a-5)
11    shall be granted for any condition, such as light
12    sensitivity, for which protection from the direct rays of
13    the sun can be adequately obtained by the use of
14    sunglasses or other eye protective devices.
15        Such certification must be carried in the motor
16    vehicle at all times. The certification shall be legible
17    and shall contain the date of issuance, the name, address
18    and signature of the attending physician, and the name,
19    address, and medical condition of the person requiring
20    exemption. The information on the certificate for a window
21    treatment must remain current and shall be renewed every 4
22    years by the attending physician. The owner shall also
23    submit a copy of the certification to the Secretary of
24    State. The Secretary of State may forward notice of
25    certification to law enforcement agencies.
26    (g-5) (Blank).

 

 

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1    (g-7) Installers shall only install window treatment
2authorized by subsection (g) on motor vehicles for which
3distinctive plates or license plate stickers have been issued
4pursuant to subsection (k) of Section 3-412 of this Code. The
5distinctive license plates or plate sticker must be on the
6motor vehicle at the time of window treatment installation.
7    (h) Subsection (a) of this Section shall not apply to
8motor vehicle stickers or other certificates issued by State
9or local authorities which are required to be displayed upon
10motor vehicle windows to evidence compliance with requirements
11concerning motor vehicles.
12    (i) (Blank).
13    (j) A person found guilty of violating subsection (a),
14(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
15shall be guilty of a petty offense and fined no less than $50
16nor more than $500. A second or subsequent violation of
17subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
18this Section shall be treated as a Class C misdemeanor and the
19violator fined no less than $100 nor more than $500. Any person
20convicted under subsection (a), (a-5), (b), or (b-5) of this
21Section shall be ordered to alter any nonconforming windows
22into compliance with this Section.
23    (k) Except as provided in subsection (a-3) of this
24Section, nothing in this Section shall create a cause of
25action on behalf of a buyer against a vehicle dealer or
26manufacturer who sells a motor vehicle with a window which is

 

 

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1in violation of this Section.
2    (l) The Secretary of State shall provide a notice of the
3requirements of this Section to a new resident applying for
4vehicle registration in this State pursuant to Section 3-801
5of this Code. The Secretary of State may comply with this
6subsection by posting the requirements of this Section on the
7Secretary of State's website.
8    (m) A home rule unit may not regulate motor vehicles in a
9manner inconsistent with this Section. This Section is a
10limitation under subsection (i) of Section 6 of Article VII of
11the Illinois Constitution on the concurrent exercise by home
12rule units of powers and functions exercised by the State.
13(Source: P.A. 100-346, eff. 1-1-18; 100-863, eff. 8-14-18.)