(625 ILCS 5/12-405) (from Ch. 95 1/2, par. 12-405)
Sec. 12-405.
Operating condition of pneumatic tires.
(a) Definition. The term "spare tire" as used in
this Section 12-405
means any new, used or specially constructed tire that is either carried
or installed for short term emergency use.
(b) Promulgated Rules. The Department shall promulgate rules concerning
unsafe operating
conditions of pneumatic tires. The rules shall be
enforced by police officers by visual inspection of
tires, including visual comparison with simple
measuring scales or gauges. The rules shall include precepts and standards
for determining unsafe conditions, including the determination of an effective
depth of tread groove, and shall
be based upon, to the extent that
it is reasonable and practical, all provisions set forth in paragraph (d)
of this Section.
(c) Use of Unsafe Tire. 1. No person or organization shall place,
drive or move, or
cause or allow to be placed, driven or moved, on
a highway of this
State, any vehicle equipped with one or more pneumatic tires deemed
to be unsafe under a provision of paragraph (d) of
this Section or a rule promulgated under paragraph (b) of this Section.
2. Exemptions. Any restriction stated in this paragraph (c) shall not apply:
(i) To a tire on a damaged, disabled, abandoned, or other unsafe or unwanted
vehicle being legally towed, pushed or otherwise transferred to a repair,
relocation, storage, salvage, junking, or other collection site;
(ii) To a tire on a racing or other competitive vehicle being legally
moved or transported, not under its own power, to a lawful competition site
or to a bona fide testing site; or
(iii) To a spare tire either carried or in short term emergency use for
only such distance or time as is reasonably necessary to accomplish the
repair or replacement of the damaged or unsafe tire for which the spare
was substituted.
(d) Criteria for Unsafe Pneumatic Tires. A pneumatic tire shall
be deemed to be unsafe if it has:
1. Any part of a ply or cord exposed;
2. A tread or sidewall crack, cut, snag, or other surface interruption
deep enough to expose a ply or cord;
3. Any bulge, knot, or separation;
4. Tread wear indicators flush with the tread outer surface in any 2 or
more adjacent tread grooves at 3 locations approximately equally spaced
around the circumference of the
tire;
5. A depth of tread groove less than 2/32
of an inch or less than 1/32 of an inch if on a motorcycle or truckster,
measured in any 2 or more adjacent tread grooves at 3 locations approximately
equally
spaced around the circumference of the tire, at least one of which, in the
judgment of the inspecting officer, is a location at which the tread is
thinnest, provided that any measurement over a tie
bar, tread wear indicator, hump or
fillet is excluded;
6. A depth of tread groove less than 4/32 of an inch at any one location
and the tire is mounted on the front wheel of a motor vehicle subject to
the provisions of Chapter 18B of this Code, provided that any measurement
over a tie bar, tread wear indicator, hump or fillet is excluded;
7. A marking which indicates that the tire is not intended for use on a
public highway;
8. Been regrooved or recut below the bottom of an original
tread groove, except in the case of a
special "regroovable" tire that was manufactured
or retreaded with thick undertread, identified and regrooved in compliance
with the applicable federal standard in Title 49 of the Code of Federal
Regulations, and in compliance with each applicable Section of this Code; or
9. Other condition, marking or lack of marking that may be reasonably
demonstrated to
identify the tire as unsuitable for highway use, including inflation,
load, speed or installation condition seriously
incompatible with the tire size, construction, or other pertinent marking
or feature.
(e) Sale, Lease or Installation of Pneumatic Tires. 1. No
person or organization shall sell, lease, or offer for sale or lease,
or mount, install, or cause or allow to be mounted or installed,
for use on a highway, any pneumatic tire deemed
to be unsafe under paragraph (d) of this Section or under a rule
promulgated under paragraph (b) of this Section. Except as provided in
paragraph (c) of this Section, any person or organization offering
a vehicle for sale or lease shall, prior to its being placed, driven
or moved on a
highway, correct any unsafe tire condition.
2. No person or organization shall sell, lease, or offer for sale or
lease, for highway use, any pneumatic tire, or any vehicle equipped with
a pneumatic tire, which has a depth of tread groove less than 3/32 of an
inch; except a pneumatic tire on a motorcycle or truckster may have a depth
of tire groove of not less than 2/32 of an inch. Groove depth shall not
be measured where a tie bar, tread wear indicator, hump or fillet is located.
(f) Compliance and Enforcement. Any police officer, upon reasonable
cause to believe that a person or organization has acted or is acting in
violation of any provision of this Section, shall require the driver,
owner, or other appropriate
custodian to submit the tire or tires to an inspection. When so required,
the owner or other appropriate
custodian shall allow the tire inspection and the driver of a vehicle
or combination of vehicles shall stop at a designated
location and allow the tire or tires to be inspected
or shall move the vehicle or combination to
a location that is reasonably convenient and is suitable for such inspection.
(Source: P.A. 83-213.)
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(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.
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(2) On vehicles where none of the windows to the
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| 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.
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(3) (Blank).
(4) On vehicles where a nonreflective smoked or
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| 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.
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(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
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| person from removing or altering any material prohibited by subsection (a) to make a motor vehicle comply with the requirements of this Section.
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(2) Nothing in this subsection shall prohibit a
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| 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.
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(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) Subsections (a), (a-5), (b), and (b-5) of this Section shall not apply to:
(1) (Blank).
(2) those motor vehicles properly registered in
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(g) Subsections (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
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| or suffering from a medical disease, including, but not limited to, systemic or discoid lupus erythematosus, disseminated superficial actinic porokeratosis, light sensitivity as a result of a traumatic brain injury, or albinism, which would require that person to be shielded from the direct rays of the sun; or
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(2) is used in transporting a person when the person
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| 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, light sensitivity as a result of a traumatic brain injury, or albinism.
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The owner must obtain a certified statement or letter
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| 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, light sensitivity as a result of a traumatic brain injury, or albinism. However, no exemption from the requirements of subsection (a-5) shall be granted for any condition for which protection from the direct rays of the sun can be adequately obtained by the use of sunglasses or other eye protective devices.
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Such certification must be carried in the motor
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| 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.
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(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) Subsection (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 subsection (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 subsection (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 subsection
(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 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. 102-111, eff. 1-1-22 .)
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(625 ILCS 5/12-601.1)
Sec. 12-601.1. Traffic control signal preemption devices.
(a) As used in this Section, "traffic control signal preemption device"
means any
device,
either mechanical or electrical, that emits a pulse of light or other signal
that, when
received by a detector attached to a traffic control signal, changes that
traffic control signal to a green
light or, if the traffic control signal is already green, extends the duration
of the green
light.
(b) Except as provided in subsection (d), a traffic control signal
preemption
device may not be installed on a motor vehicle, may not be transported in the
passenger compartment of a motor vehicle, and may not be operated by the
driver or passenger of a motor vehicle.
Violation of this subsection (b) is a Class A misdemeanor, punishable by
a fine of $1,000 in addition to any other penalty that may be imposed.
(c) A retailer or manufacturer may not sell a traffic control signal
preemption device to any person or entity for any intended use other than
operation as permitted under subsection (d).
Violation of this subsection (c) is a Class A misdemeanor, punishable by a
fine of $5,000 for each sale of each device, in addition to any other penalty
that may be imposed.
(d) Installation of a traffic control signal preemption device is permitted
on the
following vehicles, and operation of the device is permitted as follows:
(1) Police department vehicles, when responding to a |
| bona fide emergency, when used in combination with red or blue oscillating, rotating, or flashing lights.
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(2) Law enforcement vehicles of State or local
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| authorities, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(3) Vehicles of local fire departments, fire
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| protection districts, and State or federal firefighting vehicles, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(4) Vehicles that are designed and used exclusively
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| as ambulances or rescue vehicles, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(5) Vehicles that are equipped and used exclusively
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| as organ transport vehicles, when the transportation is declared an emergency by a member of the transplant team or a representative of the organ procurement organization, when used in combination with red oscillating, rotating, or flashing lights.
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(6) Vehicles of the Illinois Emergency Management
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| Agency and vehicles of the Department of Nuclear Safety, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(7) Commuter buses owned by any political subdivision
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| of this State, operated either by the political subdivision or its lessee or agent, and offering short-haul for-hire regularly scheduled passenger transportation service, over regular routes with fixed schedules, within metropolitan and suburban areas, when used to extend the duration of an already green light to meet schedules.
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(8) Vehicles used for snow removal owned by any
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| political subdivision of this State, operated either by the political subdivision or its lessee or agent, when used during a snow emergency in combination with yellow or amber oscillating, rotating, or flashing lights, when used to extend the duration of an already green light.
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(e) This Section does not prohibit use by motorcycles of electronic or
magnetic safety devices designed to allow traffic control signal systems to
recognize or detect motorcycles.
(Source: P.A. 102-842, eff. 1-1-23 .)
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(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use safety belts,
exceptions and penalty. (a) Each driver and passenger of a motor vehicle operated on a
street or highway in this State shall wear a properly adjusted and
fastened seat safety belt. A child less than 8 years of age shall
be protected as required pursuant to the Child Passenger Protection Act.
Each driver of a motor vehicle transporting a child 8 years of age or
more, but less than 16 years of age,
shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act. Each driver of a motor vehicle transporting a passenger who is unable, due to infirmity, illness, or age, to properly adjust and
fasten a seat
safety belt and is not exempted from wearing a seat safety belt under subsection (b)
shall secure the passenger in a properly adjusted and fastened seat safety belt as required under this Section.
(b) Paragraph (a) shall not apply to any of the following:
1. A driver or passenger frequently stopping and |
| leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour.
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2. A driver or passenger possessing a written
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| statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt.
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3. A driver or passenger possessing an official
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| certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt.
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4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A moped.
8. A motor vehicle which is not required to be
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| equipped with seat safety belts under federal law.
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9. A motor vehicle operated by a rural letter carrier
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| of the United States postal service while performing duties as a rural letter carrier.
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10. A driver or passenger of an authorized emergency
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| vehicle, except this exception does not apply to vehicles of the fire department; vehicles of the Office of the State Fire Marshal; or ambulances, unless the delivery of life-saving measures prohibits the use of a seat safety belt.
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11. A back seat passenger of a taxicab.
(c) Failure to wear a seat safety belt in violation of this Section
shall not be considered evidence of negligence, shall not limit the
liability of an insurer, and shall not diminish any recovery for damages
arising out of the ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense and subject to a
fine not to exceed $25.
(e) (Blank).
(f) A law enforcement officer may not search or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of this
Section.
(Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11; 98-451, eff. 8-16-13.)
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