HB4033 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4033

 

Introduced 1/8/2020, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-503  from Ch. 95 1/2, par. 12-503

    Amends the Illinois Vehicle Code. Provides that no person shall operate a motor vehicle with any reflective material, nonreflective material, or tinted film upon the windshield, windows immediately adjacent to each side of the driver, or windows to the rear of the driver's seat unless the person is determined to suffer from light sensitivity as a result of a traumatic brain injury.


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A BILL FOR

 

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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 changing
5Section 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 more
14than 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 of
23this subsection (a-3), "test driving" means when a driver, with

 

 

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1permission of the new or used vehicle dealer or employee of the
2new or used vehicle dealer, drives a vehicle owned and held for
3sale or lease by a new or used vehicle dealer that the driver
4is 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 each
6    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 (g)
18    must obtain a copy of the certified statement or letter
19    written by a physician described in subsection (g) from the
20    person with the medical condition prior to installing the
21    window treatment. The copy of the certified statement or
22    letter must be kept in the installer's permanent records.
23    (b) On motor vehicles where window treatment has not been
24applied to the windows immediately adjacent to each side of the
25driver, the use of a perforated window screen or other
26decorative window application on windows to the rear of the

 

 

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1driver's seat shall be allowed.
2    (b-5) Any motor vehicle with a window to the rear of the
3driver's seat treated in this manner shall be equipped with a
4side mirror on each side of the motor vehicle which are in
5conformance with Section 12-502.
6    (b-10) No person shall operate a motor vehicle with any
7reflective material, nonreflective material, or tinted film
8upon the windshield, windows immediately adjacent to each side
9of the driver, or windows to the rear of the driver's seat, as
10provided under subsection (a), (a-5), or (b), unless the person
11is determined, by a physician licensed to practice medicine, to
12suffer from light sensitivity as a result of a traumatic brain
13injury.
14    (c) No person shall drive a motor vehicle with any objects
15placed or suspended between the driver and the front
16windshield, rear window, side wings or side windows immediately
17adjacent to each side of the driver which materially obstructs
18the driver's view.
19    (d) Every motor vehicle, except motorcycles, shall be
20equipped with a device, controlled by the driver, for cleaning
21rain, snow, moisture or other obstructions from the windshield;
22and no person shall drive a motor vehicle with snow, ice,
23moisture or other material on any of the windows or mirrors,
24which materially obstructs the driver's clear view of the
25highway.
26    (e) No person shall drive a motor vehicle when the

 

 

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1windshield, side or rear windows are in such defective
2condition or repair as to materially impair the driver's view
3to the front, side or rear. A vehicle equipped with a side
4mirror on each side of the vehicle which are in conformance
5with Section 12-502 will be deemed to be in compliance in the
6event the rear window of the vehicle is materially obscured.
7    (f) Subsections (a), (a-5), (b), and (b-5) of this Section
8shall not apply to:
9        (1) (Blank).
10        (2) those motor vehicles properly registered in
11    another jurisdiction.
12    (g) Subsections (a) and (a-5) of this Section shall not
13apply to window treatment, including, but not limited to, a
14window application, nonreflective material, or tinted film,
15applied or affixed to a motor vehicle for which distinctive
16license plates or license plate stickers have been issued
17pursuant to subsection (k) of Section 3-412 of this Code, and
18which:
19        (1) is owned and operated by a person afflicted with or
20    suffering from a medical disease, including, but not
21    limited to, systemic or discoid lupus erythematosus,
22    disseminated superficial actinic porokeratosis, or
23    albinism, which would require that person to be shielded
24    from the direct rays of the sun; or
25        (2) is used in transporting a person when the person
26    resides at the same address as the registered owner of the

 

 

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

 

 

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1    submit a copy of the certification to the Secretary of
2    State. The Secretary of State may forward notice of
3    certification to law enforcement agencies.
4    (g-5) (Blank).
5    (g-7) Installers shall only install window treatment
6authorized by subsection (g) on motor vehicles for which
7distinctive plates or license plate stickers have been issued
8pursuant to subsection (k) of Section 3-412 of this Code. The
9distinctive license plates or plate sticker must be on the
10motor vehicle at the time of window treatment installation.
11    (h) Subsection (a) of this Section shall not apply to motor
12vehicle stickers or other certificates issued by State or local
13authorities which are required to be displayed upon motor
14vehicle windows to evidence compliance with requirements
15concerning motor vehicles.
16    (i) (Blank).
17    (j) A person found guilty of violating subsection (a),
18(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
19shall be guilty of a petty offense and fined no less than $50
20nor more than $500. A second or subsequent violation of
21subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
22this Section shall be treated as a Class C misdemeanor and the
23violator fined no less than $100 nor more than $500. Any person
24convicted under subsection (a), (a-5), (b), or (b-5) of this
25Section shall be ordered to alter any nonconforming windows
26into compliance with this Section.

 

 

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1    (k) Except as provided in subsection (a-3) of this Section,
2nothing in this Section shall create a cause of action on
3behalf of a buyer against a vehicle dealer or manufacturer who
4sells a motor vehicle with a window which is in violation of
5this Section.
6    (l) The Secretary of State shall provide a notice of the
7requirements of this Section to a new resident applying for
8vehicle registration in this State pursuant to Section 3-801 of
9this Code. The Secretary of State may comply with this
10subsection by posting the requirements of this Section on the
11Secretary of State's website.
12    (m) A home rule unit may not regulate motor vehicles in a
13manner inconsistent with this Section. This Section is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17(Source: P.A. 100-346, eff. 1-1-18; 100-863, eff. 8-14-18.)