Bill Text: IL HB4327 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Provides that a person may not install or repair 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. Provides that a first violation is a petty offense with a fine between $50 and $500, and a second or subsequent offense is a Class C misdemeanor with a fine between $100 and $500. Provides that an installer may install window treatment for a person who is legally permitted, due to medical reasons, to drive with window treatment that would otherwise be illegal and provides that the installer must obtain and store a copy of a doctor's certificate or letter from the person with medical condition in the installer's permanent records. Provides that the Secretary of State shall provide a notice of the requirements of a provision prohibiting driving 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, unless an exception applies, to a new resident applying for vehicle registration.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0530 [HB4327 Detail]

Download: Illinois-2009-HB4327-Enrolled.html

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AN ACT concerning transportation.
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.
(a-5) 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

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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) 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

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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 a
motor vehicle that:
(1) is owned and operated by a person afflicted with or
suffering from a medical illness, ailment, or disease,
including but not limited to systemic or discoid lupus

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erythematosus, disseminated superficial actinic
porokeratosis, or albinism, which would require that
person to be shielded from the direct rays of the sun; or
(2) is used in transporting a person when the person
resides at the same address as the registered owner of the
vehicle and the person is afflicted with or suffering from
a medical illness, ailment or 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, or albinism.
The owner must obtain a certified statement or letter
written 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, including but not
limited to systemic or discoid lupus erythematosus,
disseminated superficial actinic porokeratosis, or
albinism, 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 must remain current and shall be
renewed annually by the attending physician. The owner

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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.
(g-5) (Blank).
(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),
(a-5), (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), (a-5), (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.
(k) 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

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Secretary of State's website.
(Source: P.A. 94-564, eff. 8-12-05; 95-202, eff. 8-16-07.)