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90_HB1115eng 625 ILCS 5/12-503 from Ch. 95 1/2, par. 12-503 Amends the Vehicle Code to delete an exemption from the windshield obstruction prohibition for certain motor vehicles owned, operated, or used by persons with a medical condition that may require shielding from the direct rays of the sun, as certified to by a licensed physician. LRB9004045DPcc HB1115 Engrossed LRB9004045DPcc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 12-503. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 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 23 film, perforated window screen or other decorative window 24 application on windows to the rear of the driver's seat, 25 except that any motor vehicle with a window to the rear of 26 the driver's seat treated in this manner shall be equipped 27 with a side mirror on each side of the motor vehicle which 28 are in conformance with Section 12-502. 29 (c) No person shall drive a motor vehicle with any 30 objects placed or suspended between the driver and the front 31 windshield, rear window, side wings or side windows HB1115 Engrossed -2- LRB9004045DPcc 1 immediately adjacent to each side of the driver which 2 materially obstructs the driver's view. 3 (d) Every motor vehicle, except motorcycles, shall be 4 equipped with a device, controlled by the driver, for 5 cleaning rain, snow, moisture or other obstructions from the 6 windshield; and no person shall drive a motor vehicle with 7 snow, ice, moisture or other material on any of the windows 8 or mirrors, which materially obstructs the driver's clear 9 view of the highway. 10 (e) No person shall drive a motor vehicle when the 11 windshield, side or rear windows are in such defective 12 condition or repair as to materially impair the driver's view 13 to the front, side or rear. A vehicle equipped with a side 14 mirror on each side of the vehicle which are in conformance 15 with Section 12-502 will be deemed to be in compliance in the 16 event the rear window of the vehicle is materially obscured. 17 (f) Paragraphs (a) and (b) of this Section shall not 18 apply to: 19 (1) motor vehicles manufactured prior to January 1, 20 1982; or 21 (2) to those motor vehicles properly registered in 22 another jurisdiction. 23 (g) Paragraph (a) of this Section shall not apply to any 24 motor vehicle with a window treatment, including but not 25 limited to a window application, reflective material, 26 nonreflective material, or tinted film, applied or affixed to 27 the motor vehicle for the purposes set forth in item (1) or 28 (2) before the effective date of this amendatory Act of 1997 29 and: 30 (1) that is owned and operated by a person 31 afflicted with or suffering from a medical illness, 32 ailment, or disease which would require that person to be 33 shielded from the direct rays of the sun; or 34 (2) that is used in transporting a person when the HB1115 Engrossed -3- LRB9004045DPcc 1suchperson resides at the same address as the registered 2 owner of the vehicle and thesuchperson is afflicted 3 with or suffering from a medical illness, ailment or 4 disease which would require thesuchperson to be 5 shielded from the direct rays of the sun; 6 It must be certified by a physician licensed to 7 practice medicine in Illinois that such person owning and 8 operating or being transported in a motor vehicle is 9 afflicted with or suffers from such illness, ailment, or 10 disease and such certification must be carried in the 11 motor vehicle at all times. The certification shall be 12 legible and shall contain the date of issuance, the name, 13 address and signature of the attending physician, and the 14 name, address, and medical condition of the person 15 requiring exemption. The information on the certificate 16 for a window treatment applied or affixed before the 17 effective date of this amendatory Act of 1997 must remain 18 current and shall be renewed annually by the attending 19 physician, but in no event shall a certificate issued for 20 purposes of this subsection be valid on or after January 21 1, 2008. The person shall also submit a copy of the 22 certification to the Secretary of State. The Secretary of 23 State shall forward notice of certification to law 24 enforcement agencies. 25 This subsection shall not be construed to authorize 26 window treatments applied or affixed on or after the 27 effective date of this amendatory Act of 1997. 28 The exemption provided by this subsection (g) shall not 29 apply to any motor vehicle on and after January 1, 2008. 30 (h) Paragraph (a) of this Section shall not apply to 31 motor vehicle stickers or other certificates issued by State 32 or local authorities which are required to be displayed upon 33 motor vehicle windows to evidence compliance with 34 requirements concerning motor vehicles. HB1115 Engrossed -4- LRB9004045DPcc 1 (i) Those motor vehicles exempted under paragraph (f)(1) 2 of this Section shall not cause their windows to be treated 3 as described in paragraph (a) after January 1, 1993. 4 (j) A person found guilty of violating paragraphs (a), 5 (b), or (i) of this Section shall be guilty of a petty 6 offense and fined no less than $50 nor more than $500.,A 7 second or subsequent violation of paragraphs (a), (b), or (i) 8 of this Section shall be treated as a Class C misdemeanor and 9 the violator fined no less than $100 nor more than $500. Any 10 person convicted under paragraphs (a), (b), or (i) of this 11 Section shall be ordered to alter any nonconforming windows 12 into compliance with this Section. 13 (Source: P.A. 87-1203; 88-52.)