State of Illinois
90th General Assembly
Legislation

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90_HB1115ham001

                                           LRB9004045DPccam02
 1                    AMENDMENT TO HOUSE BILL 1115
 2        AMENDMENT NO.     .  Amend House Bill 1115  by  replacing
 3    everything after the enacting clause with the following:
 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
                            -2-            LRB9004045DPccam02
 1    application on windows to the  rear  of  the  driver's  seat,
 2    except  that  any  motor vehicle with a window to the rear of
 3    the driver's seat treated in this manner  shall  be  equipped
 4    with  a  side  mirror on each side of the motor vehicle which
 5    are in conformance with Section 12-502.
 6        (c)  No person shall  drive  a  motor  vehicle  with  any
 7    objects  placed or suspended between the driver and the front
 8    windshield,  rear  window,  side  wings   or   side   windows
 9    immediately  adjacent  to  each  side  of  the  driver  which
10    materially obstructs the driver's view.
11        (d)  Every  motor  vehicle,  except motorcycles, shall be
12    equipped  with  a  device,  controlled  by  the  driver,  for
13    cleaning rain, snow, moisture or other obstructions from  the
14    windshield;  and  no  person shall drive a motor vehicle with
15    snow, ice, moisture or other material on any of  the  windows
16    or  mirrors,  which  materially  obstructs the driver's clear
17    view of the highway.
18        (e)  No person shall  drive  a  motor  vehicle  when  the
19    windshield,  side  or  rear  windows  are  in  such defective
20    condition or repair as to materially impair the driver's view
21    to the front, side or rear.  A vehicle equipped with  a  side
22    mirror  on  each side of the vehicle which are in conformance
23    with Section 12-502 will be deemed to be in compliance in the
24    event the rear window of the vehicle is materially obscured.
25        (f)  Paragraphs (a) and (b) of  this  Section  shall  not
26    apply to:
27             (1)  motor vehicles manufactured prior to January 1,
28        1982; or
29             (2)  to  those motor vehicles properly registered in
30        another jurisdiction.
31        (g)  Paragraph (a) of this Section shall not apply to any
32    motor vehicle with a window application, reflective material,
33    nonreflective material, or tinted film affixed to  the  motor
34    vehicle  for  the  purposes  set forth in item (1) before the
                            -3-            LRB9004045DPccam02
 1    effective date of this amendatory Act of 1997 and:
 2             (1)  that  is  owned  and  operated  by   a   person
 3        afflicted  with  or  suffering  from  a  medical illness,
 4        ailment, or disease which would require that person to be
 5        shielded from the direct rays of the sun; or
 6             (2)  that is used in transporting a person when  the
 7        such person resides at the same address as the registered
 8        owner  of  the  vehicle  and the such person is afflicted
 9        with or suffering from  a  medical  illness,  ailment  or
10        disease  which  would  require  the  such  person  to  be
11        shielded from the direct rays of the sun;
12             It  must  be  certified  by  a physician licensed to
13        practice medicine in Illinois that such person owning and
14        operating or being transported  in  a  motor  vehicle  is
15        afflicted  with or suffers from such illness, ailment, or
16        disease and such certification must  be  carried  in  the
17        motor  vehicle  at all times.  The certification shall be
18        legible and shall contain the date of issuance, the name,
19        address and signature of the attending physician, and the
20        name,  address,  and  medical  condition  of  the  person
21        requiring exemption. The information on  the  certificate
22        must  remain current and shall be renewed annually by the
23        attending physician. The person shall also submit a  copy
24        of  this  certification  to  the  Secretary of State. The
25        Secretary of State shall forward notice of  certification
26        to law enforcement agencies.
27        (h)  Paragraph  (a)  of  this  Section shall not apply to
28    motor vehicle stickers or other certificates issued by  State
29    or  local authorities which are required to be displayed upon
30    motor   vehicle   windows   to   evidence   compliance   with
31    requirements concerning motor vehicles.
32        (i)  Those motor vehicles exempted under paragraph (f)(1)
33    of this Section shall not cause their windows to  be  treated
34    as described in paragraph (a) after January 1, 1993.
                            -4-            LRB9004045DPccam02
 1        (j)   A  person found guilty of violating paragraphs (a),
 2    (b), or (i) of this  Section  shall  be  guilty  of  a  petty
 3    offense  and  fined  no less than $50 nor more than $500.,  A
 4    second or subsequent violation of paragraphs (a), (b), or (i)
 5    of this Section shall be treated as a Class C misdemeanor and
 6    the violator fined no less than $100 nor more than $500.  Any
 7    person convicted under paragraphs (a), (b), or  (i)  of  this
 8    Section  shall  be ordered to alter any nonconforming windows
 9    into compliance with this Section.
10    (Source: P.A. 87-1203; 88-52.)".

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