Illinois 2023-2024 Regular Session

Illinois House Bill HB2389 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0032
2	1		HB2389 EnrolledLRB103 27460 MXP 53832 b HB2389 Enrolled LRB103 27460 MXP 53832 b
3	2		HB2389 Enrolled LRB103 27460 MXP 53832 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Vehicle Code is amended by
8		-	changing Section 12-503 as follows:
9		-	(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
10		-	Sec. 12-503. Windshields must be unobstructed and equipped
11		-	with wipers.
12		-	(a) No person shall drive a motor vehicle with any sign,
13		-	poster, window application, reflective material, nonreflective
14		-	material, or tinted film upon the front windshield, except
15		-	that a nonreflective tinted film may be used along the
16		-	uppermost portion of the windshield if such material does not
17		-	extend more than 6 inches down from the top of the windshield.
18		-	(a-3) No new or used motor vehicle dealer shall permit a
19		-	driver to drive a motor vehicle offered for sale or lease off
20		-	the premises where the motor vehicle is being offered for sale
21		-	or lease, including when the driver is test driving the
22		-	vehicle, with signs, decals, paperwork, or other material on
23		-	the front windshield or on the windows immediately adjacent to
24		-	each side of the driver that would obstruct the driver's view
25		-	in violation of subsection (a) of this Section. For purposes
26		-	of this subsection (a-3), "test driving" means when a driver,
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Vehicle Code is amended by
	7	+	5 changing Section 12-503 as follows:
	8	+	6 (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
	9	+	7 Sec. 12-503. Windshields must be unobstructed and equipped
	10	+	8 with wipers.
	11	+	9 (a) No person shall drive a motor vehicle with any sign,
	12	+	10 poster, window application, reflective material, nonreflective
	13	+	11 material, or tinted film upon the front windshield, except
	14	+	12 that a nonreflective tinted film may be used along the
	15	+	13 uppermost portion of the windshield if such material does not
	16	+	14 extend more than 6 inches down from the top of the windshield.
	17	+	15 (a-3) No new or used motor vehicle dealer shall permit a
	18	+	16 driver to drive a motor vehicle offered for sale or lease off
	19	+	17 the premises where the motor vehicle is being offered for sale
	20	+	18 or lease, including when the driver is test driving the
	21	+	19 vehicle, with signs, decals, paperwork, or other material on
	22	+	20 the front windshield or on the windows immediately adjacent to
	23	+	21 each side of the driver that would obstruct the driver's view
	24	+	22 in violation of subsection (a) of this Section. For purposes
	25	+	23 of this subsection (a-3), "test driving" means when a driver,
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33		-	with permission of the new or used vehicle dealer or employee
34		-	of the new or used vehicle dealer, drives a vehicle owned and
35		-	held for sale or lease by a new or used vehicle dealer that the
36		-	driver is considering to purchase or lease.
37		-	(a-5) No window treatment or tinting shall be applied to
38		-	the windows immediately adjacent to each side of the driver,
39		-	except:
40		-	(1) On vehicles where none of the windows to the rear
41		-	of the driver's seat are treated in a manner that allows
42		-	less than 30% light transmittance, a nonreflective tinted
43		-	film that allows at least 50% light transmittance, with a
44		-	5% variance observed by any law enforcement official
45		-	metering the light transmittance, may be used on the
46		-	vehicle windows immediately adjacent to each side of the
47		-	driver.
48		-	(2) On vehicles where none of the windows to the rear
49		-	of the driver's seat are treated in a manner that allows
50		-	less than 35% light transmittance, a nonreflective tinted
51		-	film that allows at least 35% light transmittance, with a
52		-	5% variance observed by any law enforcement official
53		-	metering the light transmittance, may be used on the
54		-	vehicle windows immediately adjacent to each side of the
55		-	driver.
56		-	(3) (Blank).
57		-	(4) On vehicles where a nonreflective smoked or tinted
58		-	glass that was originally installed by the manufacturer on
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	34	+	1 with permission of the new or used vehicle dealer or employee
	35	+	2 of the new or used vehicle dealer, drives a vehicle owned and
	36	+	3 held for sale or lease by a new or used vehicle dealer that the
	37	+	4 driver is considering to purchase or lease.
	38	+	5 (a-5) No window treatment or tinting shall be applied to
	39	+	6 the windows immediately adjacent to each side of the driver,
	40	+	7 except:
	41	+	8 (1) On vehicles where none of the windows to the rear
	42	+	9 of the driver's seat are treated in a manner that allows
	43	+	10 less than 30% light transmittance, a nonreflective tinted
	44	+	11 film that allows at least 50% light transmittance, with a
	45	+	12 5% variance observed by any law enforcement official
	46	+	13 metering the light transmittance, may be used on the
	47	+	14 vehicle windows immediately adjacent to each side of the
	48	+	15 driver.
	49	+	16 (2) On vehicles where none of the windows to the rear
	50	+	17 of the driver's seat are treated in a manner that allows
	51	+	18 less than 35% light transmittance, a nonreflective tinted
	52	+	19 film that allows at least 35% light transmittance, with a
	53	+	20 5% variance observed by any law enforcement official
	54	+	21 metering the light transmittance, may be used on the
	55	+	22 vehicle windows immediately adjacent to each side of the
	56	+	23 driver.
	57	+	24 (3) (Blank).
	58	+	25 (4) On vehicles where a nonreflective smoked or tinted
	59	+	26 glass that was originally installed by the manufacturer on
59	60
60	61
61		-	the windows to the rear of the driver's seat, a
62		-	nonreflective tint that allows at least 50% light
63		-	transmittance, with a 5% variance observed by a law
64		-	enforcement official metering the light transmittance, may
65		-	be used on the vehicle windows immediately adjacent to
66		-	each side of the driver.
67		-	(a-10) No person shall install or repair any material
68		-	prohibited by subsection (a) of this Section.
69		-	(1) Nothing in this subsection shall prohibit a person
70		-	from removing or altering any material prohibited by
71		-	subsection (a) to make a motor vehicle comply with the
72		-	requirements of this Section.
73		-	(2) Nothing in this subsection shall prohibit a person
74		-	from installing window treatment for a person with a
75		-	medical condition described in subsection (g) of this
76		-	Section. An installer who installs window treatment for a
77		-	person with a medical condition described in subsection
78		-	(g) must obtain a copy of the certified statement or
79		-	letter written by a physician described in subsection (g)
80		-	from the person with the medical condition prior to
81		-	installing the window treatment. The copy of the certified
82		-	statement or letter must be kept in the installer's
83		-	permanent records.
84		-	(b) On motor vehicles where window treatment has not been
85		-	applied to the windows immediately adjacent to each side of
86		-	the driver, the use of a perforated window screen or other
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88	63
89		-	decorative window application on windows to the rear of the
90		-	driver's seat shall be allowed.
91		-	(b-5) Any motor vehicle with a window to the rear of the
92		-	driver's seat treated in this manner shall be equipped with a
93		-	side mirror on each side of the motor vehicle which are in
94		-	conformance with Section 12-502.
95		-	(c) No person shall drive a motor vehicle with any objects
96		-	placed or suspended between the driver and the front
97		-	windshield, rear window, side wings, or side windows
98		-	immediately adjacent to each side of the driver which
99		-	materially obstructs the driver's view.
100		-	(c-5) No person shall drive a motor vehicle with any
101		-	objects placed or suspended between the driver and the front
102		-	windshield which materially obstruct the driver's view. No
103		-	motor vehicle, or driver or passenger of such vehicle, shall
104		-	be stopped or searched by any law enforcement officer solely
105		-	on the basis of a violation or suspected violation of this
106		-	subsection.
107		-	(d) Every motor vehicle, except motorcycles, shall be
108		-	equipped with a device, controlled by the driver, for cleaning
109		-	rain, snow, moisture, or other obstructions from the
110		-	windshield; and no person shall drive a motor vehicle with
111		-	snow, ice, moisture, or other material on any of the windows or
112		-	mirrors, which materially obstructs the driver's clear view of
113		-	the highway.
114		-	(e) No person shall drive a motor vehicle when the
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117		-	windshield, side, or rear windows are in such defective
118		-	condition or repair as to materially impair the driver's view
119		-	to the front, side, or rear. A vehicle equipped with a side
120		-	mirror on each side of the vehicle which are in conformance
121		-	with Section 12-502 will be deemed to be in compliance in the
122		-	event the rear window of the vehicle is materially obscured.
123		-	(f) Subsections (a), (a-5), (b), and (b-5) of this Section
124		-	shall not apply to:
125		-	(1) (Blank).
126		-	(2) those motor vehicles properly registered in
127		-	another jurisdiction.
128		-	(g) Subsections (a) and (a-5) of this Section shall not
129		-	apply to window treatment, including, but not limited to, a
130		-	window application, nonreflective material, or tinted film,
131		-	applied or affixed to a motor vehicle for which distinctive
132		-	license plates or license plate stickers have been issued
133		-	pursuant to subsection (k) of Section 3-412 of this Code, and
134		-	which:
135		-	(1) is owned and operated by a person afflicted with
136		-	or suffering from a medical disease, including, but not
137		-	limited to, systemic or discoid lupus erythematosus,
138		-	disseminated superficial actinic porokeratosis, light
139		-	sensitivity as a result of a traumatic brain injury, or
140		-	albinism, which would require that person to be shielded
141		-	from the direct rays of the sun; or
142		-	(2) is used in transporting a person when the person
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	70	+	1 the windows to the rear of the driver's seat, a
	71	+	2 nonreflective tint that allows at least 50% light
	72	+	3 transmittance, with a 5% variance observed by a law
	73	+	4 enforcement official metering the light transmittance, may
	74	+	5 be used on the vehicle windows immediately adjacent to
	75	+	6 each side of the driver.
	76	+	7 (a-10) No person shall install or repair any material
	77	+	8 prohibited by subsection (a) of this Section.
	78	+	9 (1) Nothing in this subsection shall prohibit a person
	79	+	10 from removing or altering any material prohibited by
	80	+	11 subsection (a) to make a motor vehicle comply with the
	81	+	12 requirements of this Section.
	82	+	13 (2) Nothing in this subsection shall prohibit a person
	83	+	14 from installing window treatment for a person with a
	84	+	15 medical condition described in subsection (g) of this
	85	+	16 Section. An installer who installs window treatment for a
	86	+	17 person with a medical condition described in subsection
	87	+	18 (g) must obtain a copy of the certified statement or
	88	+	19 letter written by a physician described in subsection (g)
	89	+	20 from the person with the medical condition prior to
	90	+	21 installing the window treatment. The copy of the certified
	91	+	22 statement or letter must be kept in the installer's
	92	+	23 permanent records.
	93	+	24 (b) On motor vehicles where window treatment has not been
	94	+	25 applied to the windows immediately adjacent to each side of
	95	+	26 the driver, the use of a perforated window screen or other
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145		-	resides at the same address as the registered owner of the
146		-	vehicle and the person is afflicted with or suffering from
147		-	a medical disease which would require the person to be
148		-	shielded from the direct rays of the sun, including, but
149		-	not limited to, systemic or discoid lupus erythematosus,
150		-	disseminated superficial actinic porokeratosis, light
151		-	sensitivity as a result of a traumatic brain injury, or
152		-	albinism.
153		-	The owner must obtain a certified statement or letter
154		-	written by a physician licensed to practice medicine in
155		-	Illinois that such person owning and operating or being
156		-	transported in a motor vehicle is afflicted with or
157		-	suffers from such disease, including, but not limited to,
158		-	systemic or discoid lupus erythematosus, disseminated
159		-	superficial actinic porokeratosis, light sensitivity as a
160		-	result of a traumatic brain injury, or albinism. However,
161		-	no exemption from the requirements of subsection (a-5)
162		-	shall be granted for any condition for which protection
163		-	from the direct rays of the sun can be adequately obtained
164		-	by the use of sunglasses or other eye protective devices.
165		-	Such certification must be carried in the motor
166		-	vehicle at all times. The certification shall be legible
167		-	and shall contain the date of issuance, the name, address,
168		-	and signature of the attending physician, and the name,
169		-	address, and medical condition of the person requiring
170		-	exemption. The information on the certificate for a window
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173		-	treatment must remain current and shall be renewed every 4
174		-	years by the attending physician. The owner shall also
175		-	submit a copy of the certification to the Secretary of
176		-	State. The Secretary of State may forward notice of
177		-	certification to law enforcement agencies.
178		-	(g-5) (Blank).
179		-	(g-7) Installers shall only install window treatment
180		-	authorized by subsection (g) on motor vehicles for which
181		-	distinctive plates or license plate stickers have been issued
182		-	pursuant to subsection (k) of Section 3-412 of this Code. The
183		-	distinctive license plates or plate sticker must be on the
184		-	motor vehicle at the time of window treatment installation.
185		-	(h) Subsection (a) of this Section shall not apply to
186		-	motor vehicle stickers or other certificates issued by State
187		-	or local authorities which are required to be displayed upon
188		-	motor vehicle windows to evidence compliance with requirements
189		-	concerning motor vehicles.
190		-	(i) (Blank).
191		-	(j) A person found guilty of violating subsection (a),
192		-	(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
193		-	shall be guilty of a petty offense and fined no less than $50
194		-	nor more than $500. A second or subsequent violation of
195		-	subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
196		-	this Section shall be treated as a Class C misdemeanor and the
197		-	violator fined no less than $100 nor more than $500. Any person
198		-	convicted under subsection (a), (a-5), (b), or (b-5) of this
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201		-	Section shall be ordered to alter any nonconforming windows
202		-	into compliance with this Section.
203		-	(k) Except as provided in subsection (a-3) of this
204		-	Section, nothing in this Section shall create a cause of
205		-	action on behalf of a buyer against a vehicle dealer or
206		-	manufacturer who sells a motor vehicle with a window which is
207		-	in violation of this Section.
208		-	(l) The Secretary of State shall provide a notice of the
209		-	requirements of this Section to a new resident applying for
210		-	vehicle registration in this State pursuant to Section 3-801
211		-	of this Code. The Secretary of State may comply with this
212		-	subsection by posting the requirements of this Section on the
213		-	Secretary of State's website.
214		-	(m) A home rule unit may not regulate motor vehicles in a
215		-	manner inconsistent with this Section. This Section is a
216		-	limitation under subsection (i) of Section 6 of Article VII of
217		-	the Illinois Constitution on the concurrent exercise by home
218		-	rule units of powers and functions exercised by the State.
219		-	(Source: P.A. 102-111, eff. 1-1-22.)
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	106	+	1 decorative window application on windows to the rear of the
	107	+	2 driver's seat shall be allowed.
	108	+	3 (b-5) Any motor vehicle with a window to the rear of the
	109	+	4 driver's seat treated in this manner shall be equipped with a
	110	+	5 side mirror on each side of the motor vehicle which are in
	111	+	6 conformance with Section 12-502.
	112	+	7 (c) No person shall drive a motor vehicle with any objects
	113	+	8 placed or suspended between the driver and the front
	114	+	9 windshield, rear window, side wings, or side windows
	115	+	10 immediately adjacent to each side of the driver which
	116	+	11 materially obstructs the driver's view.
	117	+	12 (c-5) No person shall drive a motor vehicle with any
	118	+	13 objects placed or suspended between the driver and the front
	119	+	14 windshield which materially obstruct the driver's view. No
	120	+	15 motor vehicle, or driver or passenger of such vehicle, shall
	121	+	16 be stopped or searched by any law enforcement officer solely
	122	+	17 on the basis of a violation or suspected violation of this
	123	+	18 subsection.
	124	+	19 (d) Every motor vehicle, except motorcycles, shall be
	125	+	20 equipped with a device, controlled by the driver, for cleaning
	126	+	21 rain, snow, moisture, or other obstructions from the
	127	+	22 windshield; and no person shall drive a motor vehicle with
	128	+	23 snow, ice, moisture, or other material on any of the windows or
	129	+	24 mirrors, which materially obstructs the driver's clear view of
	130	+	25 the highway.
	131	+	26 (e) No person shall drive a motor vehicle when the
	132	+
	133	+
	134	+
	135	+
	136	+
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	142	+	1 windshield, side, or rear windows are in such defective
	143	+	2 condition or repair as to materially impair the driver's view
	144	+	3 to the front, side, or rear. A vehicle equipped with a side
	145	+	4 mirror on each side of the vehicle which are in conformance
	146	+	5 with Section 12-502 will be deemed to be in compliance in the
	147	+	6 event the rear window of the vehicle is materially obscured.
	148	+	7 (f) Subsections (a), (a-5), (b), and (b-5) of this Section
	149	+	8 shall not apply to:
	150	+	9 (1) (Blank).
	151	+	10 (2) those motor vehicles properly registered in
	152	+	11 another jurisdiction.
	153	+	12 (g) Subsections (a) and (a-5) of this Section shall not
	154	+	13 apply to window treatment, including, but not limited to, a
	155	+	14 window application, nonreflective material, or tinted film,
	156	+	15 applied or affixed to a motor vehicle for which distinctive
	157	+	16 license plates or license plate stickers have been issued
	158	+	17 pursuant to subsection (k) of Section 3-412 of this Code, and
	159	+	18 which:
	160	+	19 (1) is owned and operated by a person afflicted with
	161	+	20 or suffering from a medical disease, including, but not
	162	+	21 limited to, systemic or discoid lupus erythematosus,
	163	+	22 disseminated superficial actinic porokeratosis, light
	164	+	23 sensitivity as a result of a traumatic brain injury, or
	165	+	24 albinism, which would require that person to be shielded
	166	+	25 from the direct rays of the sun; or
	167	+	26 (2) is used in transporting a person when the person
	168	+
	169	+
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	178	+	1 resides at the same address as the registered owner of the
	179	+	2 vehicle and the person is afflicted with or suffering from
	180	+	3 a medical disease which would require the person to be
	181	+	4 shielded from the direct rays of the sun, including, but
	182	+	5 not limited to, systemic or discoid lupus erythematosus,
	183	+	6 disseminated superficial actinic porokeratosis, light
	184	+	7 sensitivity as a result of a traumatic brain injury, or
	185	+	8 albinism.
	186	+	9 The owner must obtain a certified statement or letter
	187	+	10 written by a physician licensed to practice medicine in
	188	+	11 Illinois that such person owning and operating or being
	189	+	12 transported in a motor vehicle is afflicted with or
	190	+	13 suffers from such disease, including, but not limited to,
	191	+	14 systemic or discoid lupus erythematosus, disseminated
	192	+	15 superficial actinic porokeratosis, light sensitivity as a
	193	+	16 result of a traumatic brain injury, or albinism. However,
	194	+	17 no exemption from the requirements of subsection (a-5)
	195	+	18 shall be granted for any condition for which protection
	196	+	19 from the direct rays of the sun can be adequately obtained
	197	+	20 by the use of sunglasses or other eye protective devices.
	198	+	21 Such certification must be carried in the motor
	199	+	22 vehicle at all times. The certification shall be legible
	200	+	23 and shall contain the date of issuance, the name, address,
	201	+	24 and signature of the attending physician, and the name,
	202	+	25 address, and medical condition of the person requiring
	203	+	26 exemption. The information on the certificate for a window
	204	+
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	214	+	1 treatment must remain current and shall be renewed every 4
	215	+	2 years by the attending physician. The owner shall also
	216	+	3 submit a copy of the certification to the Secretary of
	217	+	4 State. The Secretary of State may forward notice of
	218	+	5 certification to law enforcement agencies.
	219	+	6 (g-5) (Blank).
	220	+	7 (g-7) Installers shall only install window treatment
	221	+	8 authorized by subsection (g) on motor vehicles for which
	222	+	9 distinctive plates or license plate stickers have been issued
	223	+	10 pursuant to subsection (k) of Section 3-412 of this Code. The
	224	+	11 distinctive license plates or plate sticker must be on the
	225	+	12 motor vehicle at the time of window treatment installation.
	226	+	13 (h) Subsection (a) of this Section shall not apply to
	227	+	14 motor vehicle stickers or other certificates issued by State
	228	+	15 or local authorities which are required to be displayed upon
	229	+	16 motor vehicle windows to evidence compliance with requirements
	230	+	17 concerning motor vehicles.
	231	+	18 (i) (Blank).
	232	+	19 (j) A person found guilty of violating subsection (a),
	233	+	20 (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
	234	+	21 shall be guilty of a petty offense and fined no less than $50
	235	+	22 nor more than $500. A second or subsequent violation of
	236	+	23 subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
	237	+	24 this Section shall be treated as a Class C misdemeanor and the
	238	+	25 violator fined no less than $100 nor more than $500. Any person
	239	+	26 convicted under subsection (a), (a-5), (b), or (b-5) of this
	240	+
	241	+
	242	+
	243	+
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	250	+	1 Section shall be ordered to alter any nonconforming windows
	251	+	2 into compliance with this Section.
	252	+	3 (k) Except as provided in subsection (a-3) of this
	253	+	4 Section, nothing in this Section shall create a cause of
	254	+	5 action on behalf of a buyer against a vehicle dealer or
	255	+	6 manufacturer who sells a motor vehicle with a window which is
	256	+	7 in violation of this Section.
	257	+	8 (l) The Secretary of State shall provide a notice of the
	258	+	9 requirements of this Section to a new resident applying for
	259	+	10 vehicle registration in this State pursuant to Section 3-801
	260	+	11 of this Code. The Secretary of State may comply with this
	261	+	12 subsection by posting the requirements of this Section on the
	262	+	13 Secretary of State's website.
	263	+	14 (m) A home rule unit may not regulate motor vehicles in a
	264	+	15 manner inconsistent with this Section. This Section is a
	265	+	16 limitation under subsection (i) of Section 6 of Article VII of
	266	+	17 the Illinois Constitution on the concurrent exercise by home
	267	+	18 rule units of powers and functions exercised by the State.
	268	+	19 (Source: P.A. 102-111, eff. 1-1-22.)
	269	+
	270	+
	271	+
	272	+
	273	+
	274	+	HB2389 Enrolled - 8 - LRB103 27460 MXP 53832 b