Bill Text: IL HB4769 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. Deletes a provision concerning side window tinting on multipurpose passenger vehicles and adds a provision providing that 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 may be used on the vehicle windows immediately adjacent to each side of the driver. Provides that the use of a nonreflective, smoked, or tinted glass or nonreflective film is not allowed on the window's to the rear of the driver if window treatment has been applied to the windows immediately adjacent to each side of the driver. Makes other technical changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2010-04-06 - Referred to Assignments [HB4769 Detail]

Download: Illinois-2009-HB4769-Engrossed.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, 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.
(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

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vehicle side 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 side windows immediately adjacent to each side of
the driver.
(3) (Blank). on multipurpose passenger vehicles, as
defined by Section 1-148.3b of this Code, a nonreflective
tinted film originally applied by the manufacturer, 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 side windows immediately
adjacent to each side of the driver.
(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) (a-5) No person shall install or repair any material

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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 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 shall be allowed. , except that any
(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
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

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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), (a-5), and (b), and (b-5) of this
Section shall not apply to:
(1) (Blank).
(2) to those motor vehicles properly registered in
another jurisdiction.
(g) Paragraphs (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,

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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:
(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, 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 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 disease, including but not limited to systemic or
discoid lupus erythematosus, disseminated superficial
actinic porokeratosis, or albinism. However, no exemption
from the requirements of subsection (a-5) shall be granted

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for any condition, such as light sensitivity, 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 annually
by the attending physician. The owner 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).
(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) 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

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concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating paragraphs (a),
(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 paragraphs (a),
(a-5), (a-10), (b), (b-5), or (g-7) 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), (a-5), or (b), or (b-5) of this Section shall
be ordered to alter any nonconforming windows into compliance
with this Section.
(k) 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) (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
Secretary of State's website.
(Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10;
96-815, eff. 10-30-09; revised 11-9-09.)
Section 95. No acceleration or delay. Where this Act makes

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changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon