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| Public Act 103-0032 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Section 12-503 as follows:
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(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
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Sec. 12-503. Windshields must be unobstructed and equipped | ||||
with wipers.
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(a) No person shall drive a motor vehicle with any sign, | ||||
poster, window
application, reflective material, nonreflective | ||||
material, or tinted film
upon the front windshield, except | ||||
that a nonreflective tinted film may be used along
the | ||||
uppermost portion of the windshield if such material does not | ||||
extend
more than 6 inches down from the top of the windshield.
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(a-3) No new or used motor vehicle dealer shall permit a | ||||
driver to drive a motor vehicle offered for sale or lease off | ||||
the premises where the motor vehicle is being offered for sale | ||||
or lease, including when the driver is test driving the | ||||
vehicle, with signs, decals, paperwork, or other material on | ||||
the front windshield or on the windows immediately adjacent to | ||||
each side of the driver that would obstruct the driver's view | ||||
in violation of subsection (a) of this Section. For purposes | ||||
of this subsection (a-3), "test driving" means when a driver, | ||||
with permission of the new or used vehicle dealer or employee | ||
of the new or used vehicle dealer, drives a vehicle owned and | ||
held for sale or lease by a new or used vehicle dealer that the | ||
driver is considering to purchase or lease. | ||
(a-5) No window treatment or tinting shall be applied to | ||
the windows immediately adjacent to each side of the driver, | ||
except: | ||
(1) On vehicles where none of the windows to the rear | ||
of the driver's seat are treated in a manner that allows | ||
less than 30% light transmittance, a nonreflective tinted | ||
film that allows at least 50% light transmittance, with a | ||
5% variance observed by any law enforcement official | ||
metering the light transmittance, may be used on the | ||
vehicle windows immediately adjacent to each side of the | ||
driver. | ||
(2) On vehicles where none of the windows to the rear | ||
of the driver's seat are treated in a manner that allows | ||
less than 35% light transmittance, a nonreflective tinted | ||
film that allows at least 35% light transmittance, with a | ||
5% variance observed by any law enforcement official | ||
metering the light transmittance, may be used on the | ||
vehicle windows immediately adjacent to each side of the | ||
driver. | ||
(3) (Blank). | ||
(4) On vehicles where a nonreflective smoked or tinted | ||
glass that was originally installed by the manufacturer on | ||
the windows to the rear of the driver's seat, a | ||
nonreflective tint that allows at least 50% light | ||
transmittance, with a 5% variance observed by a law | ||
enforcement official metering the light transmittance, may | ||
be used on the vehicle windows immediately adjacent to | ||
each side of the driver. | ||
(a-10) No person shall install or repair any material | ||
prohibited by subsection (a) of this Section. | ||
(1) Nothing in this subsection shall prohibit a person | ||
from removing or altering any material prohibited by | ||
subsection (a) to make a motor vehicle comply with the | ||
requirements of this Section. | ||
(2) Nothing in this subsection shall prohibit a person | ||
from installing window treatment for a person with a | ||
medical condition described in subsection (g) of this | ||
Section. An installer who installs window treatment for a | ||
person with a medical condition described in subsection | ||
(g) must obtain a copy of the certified statement or | ||
letter written by a physician described in subsection (g) | ||
from the person with the medical condition prior to | ||
installing the window treatment. The copy of the certified | ||
statement or letter must be kept in the installer's | ||
permanent records. | ||
(b) On motor vehicles where window treatment has not been | ||
applied to the windows immediately adjacent to each side of | ||
the driver, the use of a
perforated
window screen or other | ||
decorative window application on windows to the rear
of the | ||
driver's seat shall be allowed. | ||
(b-5) Any motor vehicle with a window to the
rear of the | ||
driver's seat treated in this manner shall be equipped with a
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side mirror on each side of the motor vehicle which are in | ||
conformance with
Section 12-502.
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(c) No person shall drive a motor vehicle with any objects | ||
placed or
suspended between the driver and the front | ||
windshield, rear
window, side wings, or side windows | ||
immediately adjacent to each side of
the driver which | ||
materially obstructs the driver's view.
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(c-5) No person shall drive a motor vehicle with any | ||
objects placed or suspended between the driver and the front | ||
windshield which materially obstruct the driver's view. No | ||
motor vehicle, or driver or passenger of such vehicle, shall | ||
be stopped or searched by any law enforcement officer solely | ||
on the basis of a violation or suspected violation of this | ||
subsection. | ||
(d) Every motor vehicle, except motorcycles, shall be | ||
equipped with a
device, controlled by the driver, for cleaning | ||
rain, snow, moisture, or other
obstructions from the | ||
windshield; and no person shall drive a motor vehicle
with | ||
snow, ice, moisture, or other material on any of the windows or
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mirrors, which materially obstructs the driver's clear view of | ||
the highway.
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(e) No person shall drive a motor vehicle when the | ||
windshield, side, or
rear windows are in such defective | ||
condition or repair as to materially
impair the driver's view | ||
to the front, side, or rear. A vehicle equipped
with a side | ||
mirror on each side of the vehicle which are in conformance
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with Section 12-502 will be deemed to be in compliance in the | ||
event the
rear window of the vehicle is materially obscured.
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(f) Subsections (a), (a-5), (b), and (b-5) of this Section | ||
shall not apply to:
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(1) (Blank).
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(2) those motor vehicles properly registered in | ||
another jurisdiction.
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(g) Subsections (a) and (a-5) of this Section shall not | ||
apply to window treatment, including, but not limited to, a | ||
window application,
nonreflective material, or tinted film, | ||
applied or affixed
to a motor vehicle for which distinctive | ||
license plates or license plate stickers have been issued | ||
pursuant to subsection (k) of Section 3-412 of this Code, and | ||
which:
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(1) is owned and operated by a person afflicted with | ||
or suffering
from a medical disease, including, but not | ||
limited to, systemic or discoid lupus erythematosus, | ||
disseminated superficial actinic porokeratosis, light | ||
sensitivity as a result of a traumatic brain
injury, or | ||
albinism, which would require that person
to be shielded | ||
from the direct rays of the sun; or
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(2) is used in transporting a person when the person
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resides at
the same address as the registered owner of the | ||
vehicle and the
person is
afflicted with or suffering from | ||
a medical disease
which would require the person to be | ||
shielded from the direct rays
of the
sun, including, but | ||
not limited to, systemic or discoid lupus erythematosus, | ||
disseminated superficial actinic porokeratosis, light | ||
sensitivity as a result of a traumatic brain
injury, or | ||
albinism.
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The owner must obtain a certified statement or letter | ||
written by a physician licensed to practice medicine in
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Illinois that such person owning and operating or being | ||
transported in a motor
vehicle is afflicted with or | ||
suffers from such disease, including, but not limited to, | ||
systemic or discoid lupus erythematosus, disseminated | ||
superficial actinic porokeratosis, light sensitivity as a | ||
result of a traumatic brain
injury, or albinism. However, | ||
no exemption from the requirements of subsection (a-5) | ||
shall be granted for any condition for which protection | ||
from the direct rays of the sun can be adequately obtained | ||
by the use of sunglasses or other eye protective devices. | ||
Such certification must be carried in the motor | ||
vehicle at all times. The
certification shall be legible | ||
and shall contain the date of issuance, the
name, address, | ||
and signature of the attending physician, and the name, | ||
address,
and medical condition of the person requiring | ||
exemption. The information on
the certificate for a window | ||
treatment must remain current and shall be renewed every 4 | ||
years
by the attending physician. The owner shall also | ||
submit a copy of the certification to
the Secretary of
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State. The Secretary of State may forward notice of | ||
certification to law
enforcement agencies.
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(g-5) (Blank). | ||
(g-7) Installers shall only install window treatment | ||
authorized by subsection (g) on motor vehicles for which | ||
distinctive plates or license plate stickers have been issued | ||
pursuant to subsection (k) of Section 3-412 of this Code. The | ||
distinctive license plates or plate sticker must be on the | ||
motor vehicle at the time of window treatment installation. | ||
(h) Subsection (a) of this Section shall not apply to | ||
motor vehicle
stickers or other certificates issued by State | ||
or local authorities which
are required to be displayed upon | ||
motor vehicle windows to evidence
compliance with requirements | ||
concerning motor vehicles.
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(i) (Blank).
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(j) A person found guilty of violating subsection (a), | ||
(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section | ||
shall be guilty of a petty offense and fined no less than $50 | ||
nor more
than $500. A second or subsequent violation of | ||
subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
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this Section shall be treated as a Class C misdemeanor and the | ||
violator fined
no less than $100 nor more than $500. Any person | ||
convicted under subsection
(a), (a-5), (b), or (b-5) of this | ||
Section shall be ordered to alter any
nonconforming windows | ||
into compliance with this Section.
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(k) Except as provided in subsection (a-3) of this | ||
Section, nothing in this
Section shall create a cause of | ||
action on behalf of a buyer against a
vehicle dealer or | ||
manufacturer who sells a motor vehicle with a window which is | ||
in
violation of this Section. | ||
(l) The Secretary of State shall provide a notice of the | ||
requirements of this Section to a new resident applying for | ||
vehicle registration in this State pursuant to Section 3-801 | ||
of this Code. The Secretary of State may comply with this | ||
subsection by posting the requirements of this Section on the | ||
Secretary of State's website. | ||
(m) A home rule unit may not regulate motor vehicles in a | ||
manner inconsistent with this Section. This Section is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the Illinois Constitution on the concurrent exercise by home | ||
rule units of powers and functions exercised by the State. | ||
(Source: P.A. 102-111, eff. 1-1-22.)
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