HB2389 EngrossedLRB103 27460 MXP 53832 b HB2389 Engrossed LRB103 27460 MXP 53832 b
HB2389 Engrossed LRB103 27460 MXP 53832 b
1 AN ACT concerning transportation.
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 equipped
8 with wipers.
9 (a) No person shall drive a motor vehicle with any sign,
10 poster, window application, reflective material, nonreflective
11 material, or tinted film upon the front windshield, except
12 that a nonreflective tinted film may be used along the
13 uppermost portion of the windshield if such material does not
14 extend more than 6 inches down from the top of the windshield.
15 (a-3) No new or used motor vehicle dealer shall permit a
16 driver to drive a motor vehicle offered for sale or lease off
17 the premises where the motor vehicle is being offered for sale
18 or lease, including when the driver is test driving the
19 vehicle, with signs, decals, paperwork, or other material on
20 the front windshield or on the windows immediately adjacent to
21 each side of the driver that would obstruct the driver's view
22 in violation of subsection (a) of this Section. For purposes
23 of this subsection (a-3), "test driving" means when a driver,
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1 with permission of the new or used vehicle dealer or employee
2 of the new or used vehicle dealer, drives a vehicle owned and
3 held for sale or lease by a new or used vehicle dealer that the
4 driver is considering to purchase or lease.
5 (a-5) No window treatment or tinting shall be applied to
6 the windows immediately adjacent to each side of the driver,
7 except:
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
6 each side of the driver.
7 (a-10) No person shall install or repair any material
8 prohibited 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
18 (g) must obtain a copy of the certified statement or
19 letter written by a physician described in subsection (g)
20 from the person with the medical condition prior to
21 installing the window treatment. The copy of the certified
22 statement or letter must be kept in the installer's
23 permanent records.
24 (b) On motor vehicles where window treatment has not been
25 applied to the windows immediately adjacent to each side of
26 the driver, the use of a perforated window screen or other
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1 decorative window application on windows to the rear of the
2 driver's seat shall be allowed.
3 (b-5) Any motor vehicle with a window to the rear of the
4 driver's seat treated in this manner shall be equipped with a
5 side mirror on each side of the motor vehicle which are in
6 conformance with Section 12-502.
7 (c) No person shall drive a motor vehicle with any objects
8 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 (c-5) No person shall drive a motor vehicle with any
13 objects placed or suspended between the driver and the front
14 windshield which materially obstruct the driver's view. No
15 motor vehicle, or driver or passenger of such vehicle, shall
16 be stopped or searched by any law enforcement officer solely
17 on the basis of a violation or suspected violation of this
18 subsection.
19 (d) Every motor vehicle, except motorcycles, shall be
20 equipped with a device, controlled by the driver, for cleaning
21 rain, snow, moisture, or other obstructions from the
22 windshield; and no person shall drive a motor vehicle with
23 snow, ice, moisture, or other material on any of the windows or
24 mirrors, which materially obstructs the driver's clear view of
25 the highway.
26 (e) No person shall drive a motor vehicle when the
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1 windshield, side, or rear windows are in such defective
2 condition or repair as to materially impair the driver's view
3 to the front, side, or rear. A vehicle equipped with a side
4 mirror on each side of the vehicle which are in conformance
5 with Section 12-502 will be deemed to be in compliance in the
6 event the rear window of the vehicle is materially obscured.
7 (f) Subsections (a), (a-5), (b), and (b-5) of this Section
8 shall 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
13 apply to window treatment, including, but not limited to, a
14 window application, nonreflective material, or tinted film,
15 applied or affixed to a motor vehicle for which distinctive
16 license plates or license plate stickers have been issued
17 pursuant to subsection (k) of Section 3-412 of this Code, and
18 which:
19 (1) is owned and operated by a person afflicted with
20 or suffering from a medical disease, including, but not
21 limited to, systemic or discoid lupus erythematosus,
22 disseminated superficial actinic porokeratosis, light
23 sensitivity as a result of a traumatic brain injury, or
24 albinism, which would require that person to be shielded
25 from the direct rays of the sun; or
26 (2) is used in transporting a person when the person
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1 resides at the same address as the registered owner of the
2 vehicle and the person is afflicted with or suffering from
3 a medical disease which would require the person to be
4 shielded from the direct rays of the sun, including, but
5 not limited to, systemic or discoid lupus erythematosus,
6 disseminated superficial actinic porokeratosis, light
7 sensitivity as a result of a traumatic brain injury, or
8 albinism.
9 The owner must obtain a certified statement or letter
10 written by a physician licensed to practice medicine in
11 Illinois that such person owning and operating or being
12 transported in a motor vehicle is afflicted with or
13 suffers from such disease, including, but not limited to,
14 systemic or discoid lupus erythematosus, disseminated
15 superficial actinic porokeratosis, light sensitivity as a
16 result of a traumatic brain injury, or albinism. However,
17 no exemption from the requirements of subsection (a-5)
18 shall be granted for any condition for which protection
19 from the direct rays of the sun can be adequately obtained
20 by the use of sunglasses or other eye protective devices.
21 Such certification must be carried in the motor
22 vehicle at all times. The certification shall be legible
23 and shall contain the date of issuance, the name, address,
24 and signature of the attending physician, and the name,
25 address, and medical condition of the person requiring
26 exemption. The information on the certificate for a window
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1 treatment must remain current and shall be renewed every 4
2 years by the attending physician. The owner shall also
3 submit a copy of the certification to the Secretary of
4 State. The Secretary of State may forward notice of
5 certification to law enforcement agencies.
6 (g-5) (Blank).
7 (g-7) Installers shall only install window treatment
8 authorized by subsection (g) on motor vehicles for which
9 distinctive plates or license plate stickers have been issued
10 pursuant to subsection (k) of Section 3-412 of this Code. The
11 distinctive license plates or plate sticker must be on the
12 motor vehicle at the time of window treatment installation.
13 (h) Subsection (a) of this Section shall not apply to
14 motor vehicle stickers or other certificates issued by State
15 or local authorities which are required to be displayed upon
16 motor vehicle windows to evidence compliance with requirements
17 concerning motor vehicles.
18 (i) (Blank).
19 (j) A person found guilty of violating subsection (a),
20 (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
21 shall be guilty of a petty offense and fined no less than $50
22 nor more than $500. A second or subsequent violation of
23 subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
24 this Section shall be treated as a Class C misdemeanor and the
25 violator fined no less than $100 nor more than $500. Any person
26 convicted under subsection (a), (a-5), (b), or (b-5) of this
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1 Section shall be ordered to alter any nonconforming windows
2 into compliance with this Section.
3 (k) Except as provided in subsection (a-3) of this
4 Section, nothing in this Section shall create a cause of
5 action on behalf of a buyer against a vehicle dealer or
6 manufacturer who sells a motor vehicle with a window which is
7 in violation of this Section.
8 (l) The Secretary of State shall provide a notice of the
9 requirements of this Section to a new resident applying for
10 vehicle registration in this State pursuant to Section 3-801
11 of this Code. The Secretary of State may comply with this
12 subsection by posting the requirements of this Section on the
13 Secretary of State's website.
14 (m) A home rule unit may not regulate motor vehicles in a
15 manner inconsistent with this Section. This Section is a
16 limitation under subsection (i) of Section 6 of Article VII of
17 the Illinois Constitution on the concurrent exercise by home
18 rule units of powers and functions exercised by the State.
19 (Source: P.A. 102-111, eff. 1-1-22.)
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