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90_HB1115ham002
LRB9004045DPcwam
1 AMENDMENT TO HOUSE BILL 1115
2 AMENDMENT NO. . Amend House Bill 1115, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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
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1 film, perforated window screen or other decorative window
2 application on windows to the rear of the driver's seat,
3 except that any motor vehicle with a window to the rear of
4 the driver's seat treated in this manner shall be equipped
5 with a side mirror on each side of the motor vehicle which
6 are in conformance with Section 12-502.
7 (c) No person shall drive a motor vehicle with any
8 objects placed or suspended between the driver and the front
9 windshield, rear window, side wings or side windows
10 immediately adjacent to each side of the driver which
11 materially obstructs the driver's view.
12 (d) Every motor vehicle, except motorcycles, shall be
13 equipped with a device, controlled by the driver, for
14 cleaning rain, snow, moisture or other obstructions from the
15 windshield; and no person shall drive a motor vehicle with
16 snow, ice, moisture or other material on any of the windows
17 or mirrors, which materially obstructs the driver's clear
18 view of the highway.
19 (e) No person shall drive a motor vehicle when the
20 windshield, side or rear windows are in such defective
21 condition or repair as to materially impair the driver's view
22 to the front, side or rear. A vehicle equipped with a side
23 mirror on each side of the vehicle which are in conformance
24 with Section 12-502 will be deemed to be in compliance in the
25 event the rear window of the vehicle is materially obscured.
26 (f) Paragraphs (a) and (b) of this Section shall not
27 apply to:
28 (1) motor vehicles manufactured prior to January 1,
29 1982; or
30 (2) to those motor vehicles properly registered in
31 another jurisdiction.
32 (g) Paragraph (a) of this Section shall not apply to any
33 motor vehicle with a window treatment, including but not
34 limited to a window application, reflective material,
-3- LRB9004045DPcwam
1 nonreflective material, or tinted film, applied or affixed to
2 the motor vehicle for the purposes set forth in item (1) or
3 (2) before the effective date of this amendatory Act of 1997
4 and:
5 (1) that is owned and operated by a person
6 afflicted with or suffering from a medical illness,
7 ailment, or disease which would require that person to be
8 shielded from the direct rays of the sun; or
9 (2) that is used in transporting a person when the
10 such person resides at the same address as the registered
11 owner of the vehicle and the such person is afflicted
12 with or suffering from a medical illness, ailment or
13 disease which would require the such person to be
14 shielded from the direct rays of the sun;
15 It must be certified by a physician licensed to
16 practice medicine in Illinois that such person owning and
17 operating or being transported in a motor vehicle is
18 afflicted with or suffers from such illness, ailment, or
19 disease and such certification must be carried in the
20 motor vehicle at all times. The certification shall be
21 legible and shall contain the date of issuance, the name,
22 address and signature of the attending physician, and the
23 name, address, and medical condition of the person
24 requiring exemption. The information on the certificate
25 for a window treatment applied or affixed before the
26 effective date of this amendatory Act of 1997 must remain
27 current and shall be renewed annually by the attending
28 physician, but in no event shall a certificate issued for
29 purposes of this subsection be valid on or after January
30 1, 2008. The person shall also submit a copy of the
31 certification to the Secretary of State. The Secretary of
32 State shall forward notice of certification to law
33 enforcement agencies.
34 This subsection shall not be construed to authorize
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1 window treatments applied or affixed on or after the
2 effective date of this amendatory Act of 1997.
3 The exemption provided by this subsection (g) shall not
4 apply to any motor vehicle on and after January 1, 2008.
5 (h) Paragraph (a) of this Section shall not apply to
6 motor vehicle stickers or other certificates issued by State
7 or local authorities which are required to be displayed upon
8 motor vehicle windows to evidence compliance with
9 requirements concerning motor vehicles.
10 (i) Those motor vehicles exempted under paragraph (f)(1)
11 of this Section shall not cause their windows to be treated
12 as described in paragraph (a) after January 1, 1993.
13 (j) A person found guilty of violating paragraphs (a),
14 (b), or (i) of this Section shall be guilty of a petty
15 offense and fined no less than $50 nor more than $500., A
16 second or subsequent violation of paragraphs (a), (b), or (i)
17 of this Section shall be treated as a Class C misdemeanor and
18 the violator fined no less than $100 nor more than $500. Any
19 person convicted under paragraphs (a), (b), or (i) of this
20 Section shall be ordered to alter any nonconforming windows
21 into compliance with this Section.
22 (Source: P.A. 87-1203; 88-52.)".