State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ][ Senate Amendment 001 ]

90_HB1115eng

      625 ILCS 5/12-503         from Ch. 95 1/2, par. 12-503
          Amends the Vehicle Code to delete an exemption  from  the
      windshield obstruction prohibition for certain motor vehicles
      owned,  operated, or used by persons with a medical condition
      that may require shielding from the direct rays of  the  sun,
      as certified to by a licensed physician.
                                                     LRB9004045DPcc
HB1115 Engrossed                               LRB9004045DPcc
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 12-503.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.   The  Illinois  Vehicle  Code is amended by
 6    changing Section 12-503 as follows:
 7        (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
 8        Sec.  12-503.  Windshields  must  be   unobstructed   and
 9    equipped with wipers.
10        (a)  No person shall drive a motor vehicle with any sign,
11    poster,    window    application,    reflective     material,
12    nonreflective   material   or  tinted  film  upon  the  front
13    windshield, sidewings or side windows immediately adjacent to
14    each side of the driver.  A nonreflective tinted film may  be
15    used  along  the  uppermost portion of the windshield if such
16    material does not extend more than 6 inches down from the top
17    of the windshield. Nothing in this  Section  shall  create  a
18    cause  of  action  on  behalf  of a buyer against a dealer or
19    manufacturer who sells a motor vehicle with a window which is
20    in violation of this Section.
21        (b)  Nothing contained in this Section shall prohibit the
22    use of nonreflective, smoked or tinted  glass,  nonreflective
23    film,  perforated  window  screen  or other decorative window
24    application on windows to the  rear  of  the  driver's  seat,
25    except  that  any  motor vehicle with a window to the rear of
26    the driver's seat treated in this manner  shall  be  equipped
27    with  a  side  mirror on each side of the motor vehicle which
28    are in conformance with Section 12-502.
29        (c)  No person shall  drive  a  motor  vehicle  with  any
30    objects  placed or suspended between the driver and the front
31    windshield,  rear  window,  side  wings   or   side   windows
HB1115 Engrossed            -2-                LRB9004045DPcc
 1    immediately  adjacent  to  each  side  of  the  driver  which
 2    materially obstructs the driver's view.
 3        (d)  Every  motor  vehicle,  except motorcycles, shall be
 4    equipped  with  a  device,  controlled  by  the  driver,  for
 5    cleaning rain, snow, moisture or other obstructions from  the
 6    windshield;  and  no  person shall drive a motor vehicle with
 7    snow, ice, moisture or other material on any of  the  windows
 8    or  mirrors,  which  materially  obstructs the driver's clear
 9    view of the highway.
10        (e)  No person shall  drive  a  motor  vehicle  when  the
11    windshield,  side  or  rear  windows  are  in  such defective
12    condition or repair as to materially impair the driver's view
13    to the front, side or rear.  A vehicle equipped with  a  side
14    mirror  on  each side of the vehicle which are in conformance
15    with Section 12-502 will be deemed to be in compliance in the
16    event the rear window of the vehicle is materially obscured.
17        (f)  Paragraphs (a) and (b) of  this  Section  shall  not
18    apply to:
19             (1)  motor vehicles manufactured prior to January 1,
20        1982; or
21             (2)  to  those motor vehicles properly registered in
22        another jurisdiction.
23        (g)  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,  reflective  material,
26    nonreflective material, or tinted film, applied or affixed to
27    the motor vehicle for the purposes set forth in item  (1)  or
28    (2)  before the effective date of this amendatory Act of 1997
29    and:
30             (1)  that  is  owned  and  operated  by   a   person
31        afflicted  with  or  suffering  from  a  medical illness,
32        ailment, or disease which would require that person to be
33        shielded from the direct rays of the sun; or
34             (2)  that is used in transporting a person when  the
HB1115 Engrossed            -3-                LRB9004045DPcc
 1        such person resides at the same address as the registered
 2        owner  of  the  vehicle  and the such person is afflicted
 3        with or suffering from  a  medical  illness,  ailment  or
 4        disease  which  would  require  the  such  person  to  be
 5        shielded from the direct rays of the sun;
 6             It  must  be  certified  by  a physician licensed to
 7        practice medicine in Illinois that such person owning and
 8        operating or being transported  in  a  motor  vehicle  is
 9        afflicted  with or suffers from such illness, ailment, or
10        disease and such certification must  be  carried  in  the
11        motor  vehicle  at all times.  The certification shall be
12        legible and shall contain the date of issuance, the name,
13        address and signature of the attending physician, and the
14        name,  address,  and  medical  condition  of  the  person
15        requiring exemption. The information on  the  certificate
16        for  a  window  treatment  applied  or affixed before the
17        effective date of this amendatory Act of 1997 must remain
18        current and shall be renewed annually  by  the  attending
19        physician, but in no event shall a certificate issued for
20        purposes  of this subsection be valid on or after January
21        1, 2008. The person shall  also  submit  a  copy  of  the
22        certification to the Secretary of State. The Secretary of
23        State  shall  forward  notice  of  certification  to  law
24        enforcement agencies.
25        This  subsection  shall  not  be  construed  to authorize
26    window  treatments  applied  or  affixed  on  or  after   the
27    effective date of this amendatory Act of 1997.
28        The  exemption  provided by this subsection (g) shall not
29    apply to any motor vehicle on and after January 1, 2008.
30        (h)  Paragraph (a) of this Section  shall  not  apply  to
31    motor  vehicle stickers or other certificates issued by State
32    or local authorities which are required to be displayed  upon
33    motor   vehicle   windows   to   evidence   compliance   with
34    requirements concerning motor vehicles.
HB1115 Engrossed            -4-                LRB9004045DPcc
 1        (i)  Those motor vehicles exempted under paragraph (f)(1)
 2    of  this  Section shall not cause their windows to be treated
 3    as described in paragraph (a) after January 1, 1993.
 4        (j)   A person found guilty of violating paragraphs  (a),
 5    (b),  or  (i)  of  this  Section  shall  be guilty of a petty
 6    offense and fined no less than $50 nor more  than  $500.,   A
 7    second or subsequent violation of paragraphs (a), (b), or (i)
 8    of this Section shall be treated as a Class C misdemeanor and
 9    the violator fined no less than $100 nor more than $500.  Any
10    person  convicted  under  paragraphs (a), (b), or (i) of this
11    Section shall be ordered to alter any  nonconforming  windows
12    into compliance with this Section.
13    (Source: P.A. 87-1203; 88-52.)

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