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92_SB1624eng SB1624 Engrossed LRB9214720DHmb 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing 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 8 equipped with wipers. 9 (a) No person shall drive a motor vehicle with any sign, 10 poster, window application, reflective material, 11 nonreflective material or tinted film upon the front 12 windshield, sidewings or side windows immediately adjacent to 13 each side of the driver. A nonreflective tinted film may be 14 used along the uppermost portion of the windshield if such 15 material does not extend more than 6 inches down from the top 16 of the windshield. Nothing in this Section shall create a 17 cause of action on behalf of a buyer against a dealer or 18 manufacturer who sells a motor vehicle with a window which is 19 in violation of this Section. 20 (b) Nothing contained in this Section shall prohibit the 21 use of nonreflective, smoked or tinted glass, nonreflective 22 film, perforated window screen or other decorative window 23 application on windows to the rear of the driver's seat, 24 except that any motor vehicle with a window to the rear of 25 the driver's seat treated in this manner shall be equipped 26 with a side mirror on each side of the motor vehicle which 27 are in conformance with Section 12-502. 28 (c) No person shall drive a motor vehicle with any 29 objects placed or suspended between the driver and the front 30 windshield, rear window, side wings or side windows 31 immediately adjacent to each side of the driver which SB1624 Engrossed -2- LRB9214720DHmb 1 materially obstructs the driver's view. 2 (d) Every motor vehicle, except motorcycles, shall be 3 equipped with a device, controlled by the driver, for 4 cleaning rain, snow, moisture or other obstructions from the 5 windshield; and no person shall drive a motor vehicle with 6 snow, ice, moisture or other material on any of the windows 7 or mirrors, which materially obstructs the driver's clear 8 view of the highway. 9 (e) No person shall drive a motor vehicle when the 10 windshield, side or rear windows are in such defective 11 condition or repair as to materially impair the driver's view 12 to the front, side or rear. A vehicle equipped with a side 13 mirror on each side of the vehicle which are in conformance 14 with Section 12-502 will be deemed to be in compliance in the 15 event the rear window of the vehicle is materially obscured. 16 (f) Paragraphs (a) and (b) of this Section shall not 17 apply to: 18 (1) motor vehicles manufactured prior to January 1, 19 1982; or 20 (2) to those motor vehicles properly registered in 21 another jurisdiction. 22 (g) Paragraph (a) of this Section shall not apply to any 23 motor vehicle with a window treatment, including but not 24 limited to a window application, reflective material, 25 nonreflective material, or tinted film, applied or affixed to 26 the motor vehicle for the purposes set forth in item (1) or 27 (2) before the effective date of this amendatory Act of 1997 28 and: 29 (1) that is owned and operated by a person 30 afflicted with or suffering from a medical illness, 31 ailment, or disease which would require that person to be 32 shielded from the direct rays of the sun; or 33 (2) that is used in transporting a person when the 34 person resides at the same address as the registered SB1624 Engrossed -3- LRB9214720DHmb 1 owner of the vehicle and the person is afflicted with or 2 suffering from a medical illness, ailment or disease 3 which would require the person to be shielded from the 4 direct rays of the sun; 5 It must be certified by a physician licensed to 6 practice medicine in Illinois that such person owning and 7 operating or being transported in a motor vehicle is 8 afflicted with or suffers from such illness, ailment, or 9 disease and such certification must be carried in the 10 motor vehicle at all times. The certification shall be 11 legible and shall contain the date of issuance, the name, 12 address and signature of the attending physician, and the 13 name, address, and medical condition of the person 14 requiring exemption. The information on the certificate 15 for a window treatment applied or affixed before the 16 effective date of this amendatory Act of 1997 must remain 17 current and shall be renewed annually by the attending 18 physician, but in no event shall a certificate issued for 19 purposes of this subsection be valid on or after January 20 1, 2008. The person shall also submit a copy of the 21 certification to the Secretary of State. The Secretary of 22 State shallmayforward notice of certification to 23 appropriate law enforcement agencies. 24 This subsection shall not be construed to authorize 25 window treatments applied or affixed on or after the 26 effective date of this amendatory Act of 1997. 27 The exemption provided by this subsection (g) shall not 28 apply to any motor vehicle on and after January 1, 2008. 29 (g-5) Paragraph (a) of this Section shall not apply to 30 any motor vehicle with a window treatment, including but not 31 limited to a window application, reflective material, 32 nonreflective material, or tinted film, applied or affixed to 33 the motor vehicle for the purposes set forth in item (1) or 34 (2) as follows: SB1624 Engrossed -4- LRB9214720DHmb 1 (1) that is owned and operated by a person 2 afflicted with or suffering from lupus erythematosus; or 3 (2) that is used in transporting a person when the 4 person resides at the same address as the registered 5 owner of the vehicle and the person is afflicted with or 6 suffering from lupus erythematosus. 7 It must be certified by a physician licensed to practice 8 medicine in Illinois that the person owning and operating or 9 being transported in a motor vehicle is afflicted with or 10 suffers from lupus erythematosus and that certification must 11 be carried in the motor vehicle at all times. The 12 certification shall be legible and shall contain the date of 13 issuance, the name, address, and signature of the attending 14 physician, and the name, address, and medical condition of 15 the person requiring exemption. The information on the 16 certificate for a window treatment must remain current and 17 shall be renewed annually by the attending physician. The 18 person shall also submit a copy of the certification to the 19 Secretary of State. The Secretary of State shall forward 20 notice of certification to appropriate law enforcement 21 agencies. 22 (h) Paragraph (a) of this Section shall not apply to 23 motor vehicle stickers or other certificates issued by State 24 or local authorities which are required to be displayed upon 25 motor vehicle windows to evidence compliance with 26 requirements concerning motor vehicles. 27 (i) Those motor vehicles exempted under paragraph (f)(1) 28 of this Section shall not cause their windows to be treated 29 as described in paragraph (a) after January 1, 1993. 30 (j) A person found guilty of violating paragraphs (a), 31 (b), or (i) of this Section shall be guilty of a petty 32 offense and fined no less than $50 nor more than $500. A 33 second or subsequent violation of paragraphs (a), (b), or (i) 34 of this Section shall be treated as a Class C misdemeanor and SB1624 Engrossed -5- LRB9214720DHmb 1 the violator fined no less than $100 nor more than $500. Any 2 person convicted under paragraphs (a), (b), or (i) of this 3 Section shall be ordered to alter any nonconforming windows 4 into compliance with this Section. 5 (Source: P.A. 90-389, eff. 1-1-98.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.