Public Act 90-0389 of the 90th General Assembly

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Public Act 90-0389

HB1115 Enrolled                                LRB9004045DPcc

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Section 12-503.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section  5.  The Illinois  Vehicle  Code  is  amended  by
changing Section 12-503 as follows:

    (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
    Sec.   12-503.   Windshields  must  be  unobstructed  and
equipped with wipers.
    (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, sidewings or side windows immediately adjacent to
each  side of the driver.  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.  Nothing  in this Section shall create a
cause of action on behalf of a  buyer  against  a  dealer  or
manufacturer who sells a motor vehicle with a window which is
in violation of this Section.
    (b)  Nothing contained in this Section shall prohibit the
use  of  nonreflective, smoked or tinted glass, nonreflective
film, perforated window screen  or  other  decorative  window
application  on  windows  to  the  rear of the driver's seat,
except that any motor vehicle with a window to  the  rear  of
the  driver's  seat  treated in this manner shall be equipped
with a side mirror on each side of the  motor  vehicle  which
are in conformance with Section 12-502.
    (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.
    (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 mirrors, which materially  obstructs  the  driver's  clear
view of the highway.
    (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
with Section 12-502 will be deemed to be in compliance in the
event the rear window of the vehicle is materially obscured.
    (f)  Paragraphs  (a)  and  (b)  of this Section shall not
apply to:
         (1)  motor vehicles manufactured prior to January 1,
    1982; or
         (2)  to those motor vehicles properly registered  in
    another jurisdiction.
    (g)  Paragraph (a) of this Section shall not apply to any
motor  vehicle  with  a  window  treatment, including but not
limited  to  a  window  application,   reflective   material,
nonreflective material, or tinted film, applied or affixed to
the  motor  vehicle for the purposes set forth in item (1) or
(2) before the effective date of this amendatory Act of  1997
and:
         (1)  that   is   owned  and  operated  by  a  person
    afflicted with  or  suffering  from  a  medical  illness,
    ailment, or disease which would require that person to be
    shielded from the direct rays of the sun; or
         (2)  that  is used in transporting a person when the
    such person resides at the same address as the registered
    owner of the vehicle and the  such  person  is  afflicted
    with  or  suffering  from  a  medical illness, ailment or
    disease  which  would  require  the  such  person  to  be
    shielded from the direct rays of the sun;
         It must be certified  by  a  physician  licensed  to
    practice medicine in Illinois that such person owning and
    operating  or  being  transported  in  a motor vehicle is
    afflicted with or suffers from such illness, ailment,  or
    disease  and  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  applied  or  affixed  before  the
    effective date of this amendatory Act of 1997 must remain
    current  and  shall  be renewed annually by the attending
    physician, but in no event shall a certificate issued for
    purposes of this subsection be valid on or after  January
    1,  2008.  The  person  shall  also  submit a copy of the
    certification to the Secretary of State. The Secretary of
    State  may  forward  notice  of  certification   to   law
    enforcement agencies.
    This  subsection  shall  not  be  construed  to authorize
window  treatments  applied  or  affixed  on  or  after   the
effective date of this amendatory Act of 1997.
    The  exemption  provided by this subsection (g) shall not
apply to any motor vehicle on and after January 1, 2008.
    (h)  Paragraph (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.
    (i)  Those motor vehicles exempted under paragraph (f)(1)
of  this  Section shall not cause their windows to be treated
as described in paragraph (a) after January 1, 1993.
    (j)   A person found guilty of violating paragraphs  (a),
(b),  or  (i)  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 paragraphs (a), (b), or (i)
of 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  paragraphs (a), (b), or (i) of this
Section shall be ordered to alter any  nonconforming  windows
into compliance with this Section.
(Source: P.A. 87-1203; 88-52.)

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