Full Text of HB0096 102nd General Assembly
HB0096 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0096 Introduced 1/14/2021, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/12-503 | from Ch. 95 1/2, par. 12-503 |
|
Amends the Illinois Vehicle Code. To the list of medical conditions for which a person is exempt from certain restrictions concerning window tinting, adds light sensitivity as a result of a traumatic brain
injury. Deletes language providing that no exemption shall be granted 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.
|
| |
| | A BILL FOR |
|
| | | HB0096 | | LRB102 03765 HEP 13778 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 equipped | 8 | | with wipers.
| 9 | | (a) No person shall drive a motor vehicle with any sign, | 10 | | poster, window
application, reflective material, nonreflective | 11 | | material or tinted film
upon the front windshield, except that | 12 | | a nonreflective tinted film may be used along
the uppermost | 13 | | portion of the windshield if such material does not extend
| 14 | | more than 6 inches down from the top of the windshield.
| 15 | | (a-3) No new or used motor vehicle dealer shall permit a | 16 | | driver to drive a motor vehicle offered for sale or lease off | 17 | | the premises where the motor vehicle is being offered for sale | 18 | | or lease, including when the driver is test driving the | 19 | | vehicle, with signs, decals, paperwork, or other material on | 20 | | the front windshield or on the windows immediately adjacent to | 21 | | each side of the driver that would obstruct the driver's view | 22 | | in violation of subsection (a) of this Section. For purposes | 23 | | of this subsection (a-3), "test driving" means when a driver, |
| | | HB0096 | - 2 - | LRB102 03765 HEP 13778 b |
|
| 1 | | with permission of the new or used vehicle dealer or employee | 2 | | of the new or used vehicle dealer, drives a vehicle owned and | 3 | | held for sale or lease by a new or used vehicle dealer that the | 4 | | driver is considering to purchase or lease. | 5 | | (a-5) No window treatment or tinting shall be applied to | 6 | | the windows immediately adjacent to each side of the driver, | 7 | | except: | 8 | | (1) On vehicles where none of the windows to the rear | 9 | | of the driver's seat are treated in a manner that allows | 10 | | less than 30% light transmittance, a nonreflective tinted | 11 | | film that allows at least 50% light transmittance, with a | 12 | | 5% variance observed by any law enforcement official | 13 | | metering the light transmittance, may be used on the | 14 | | vehicle windows immediately adjacent to each side of the | 15 | | driver. | 16 | | (2) On vehicles where none of the windows to the rear | 17 | | of the driver's seat are treated in a manner that allows | 18 | | less than 35% light transmittance, a nonreflective tinted | 19 | | film that allows at least 35% light transmittance, with a | 20 | | 5% variance observed by any law enforcement official | 21 | | metering the light transmittance, may be used on the | 22 | | vehicle windows immediately adjacent to each side of the | 23 | | driver. | 24 | | (3) (Blank). | 25 | | (4) On vehicles where a nonreflective smoked or tinted | 26 | | glass that was originally installed by the manufacturer on |
| | | HB0096 | - 3 - | LRB102 03765 HEP 13778 b |
|
| 1 | | the windows to the rear of the driver's seat, a | 2 | | nonreflective tint that allows at least 50% light | 3 | | transmittance, with a 5% variance observed by a law | 4 | | enforcement official metering the light transmittance, may | 5 | | be used on the vehicle windows immediately adjacent to | 6 | | each side of the driver. | 7 | | (a-10) No person shall install or repair any material | 8 | | prohibited by subsection (a) of this Section. | 9 | | (1) Nothing in this subsection shall prohibit a person | 10 | | from removing or altering any material prohibited by | 11 | | subsection (a) to make a motor vehicle comply with the | 12 | | requirements of this Section. | 13 | | (2) Nothing in this subsection shall prohibit a person | 14 | | from installing window treatment for a person with a | 15 | | medical condition described in subsection (g) of this | 16 | | Section. An installer who installs window treatment for a | 17 | | person with a medical condition described in subsection | 18 | | (g) must obtain a copy of the certified statement or | 19 | | letter written by a physician described in subsection (g) | 20 | | from the person with the medical condition prior to | 21 | | installing the window treatment. The copy of the certified | 22 | | statement or letter must be kept in the installer's | 23 | | permanent records. | 24 | | (b) On motor vehicles where window treatment has not been | 25 | | applied to the windows immediately adjacent to each side of | 26 | | the driver, the use of a
perforated
window screen or other |
| | | HB0096 | - 4 - | LRB102 03765 HEP 13778 b |
|
| 1 | | decorative window application on windows to the rear
of the | 2 | | driver's seat shall be allowed. | 3 | | (b-5) Any motor vehicle with a window to the
rear of the | 4 | | driver's seat treated in this manner shall be equipped with a
| 5 | | side mirror on each side of the motor vehicle which are in | 6 | | conformance with
Section 12-502.
| 7 | | (c) No person shall drive a motor vehicle with any objects | 8 | | placed or
suspended between the driver and the front | 9 | | windshield, rear
window, side wings or side windows | 10 | | immediately adjacent to each side of
the driver which | 11 | | materially obstructs the driver's view.
| 12 | | (d) Every motor vehicle, except motorcycles, shall be | 13 | | equipped with a
device, controlled by the driver, for cleaning | 14 | | rain, snow, moisture or other
obstructions from the | 15 | | windshield; and no person shall drive a motor vehicle
with | 16 | | snow, ice, moisture or other material on any of the windows or
| 17 | | mirrors, which materially obstructs the driver's clear view of | 18 | | the highway.
| 19 | | (e) No person shall drive a motor vehicle when the | 20 | | windshield, side or
rear windows are in such defective | 21 | | condition or repair as to materially
impair the driver's view | 22 | | to the front, side or rear. A vehicle equipped
with a side | 23 | | mirror on each side of the vehicle which are in conformance
| 24 | | with Section 12-502 will be deemed to be in compliance in the | 25 | | event the
rear window of the vehicle is materially obscured.
| 26 | | (f) Subsections (a), (a-5), (b), and (b-5) of this Section |
| | | HB0096 | - 5 - | LRB102 03765 HEP 13778 b |
|
| 1 | | shall not apply to:
| 2 | | (1) (Blank).
| 3 | | (2) those motor vehicles properly registered in | 4 | | another jurisdiction.
| 5 | | (g) Subsections (a) and (a-5) of this Section shall not | 6 | | apply to window treatment, including, but not limited to, a | 7 | | window application,
nonreflective material, or tinted film, | 8 | | applied or affixed
to a motor vehicle for which distinctive | 9 | | license plates or license plate stickers have been issued | 10 | | pursuant to subsection (k) of Section 3-412 of this Code, and | 11 | | which:
| 12 | | (1) is owned and operated by a person afflicted with | 13 | | or suffering
from a medical disease, including, but not | 14 | | limited to, systemic or discoid lupus erythematosus, | 15 | | disseminated superficial actinic porokeratosis, light | 16 | | sensitivity as a result of a traumatic brain
injury, or | 17 | | albinism, which would require that person
to be shielded | 18 | | from the direct rays of the sun; or
| 19 | | (2) is used in transporting a person when the person
| 20 | | resides at
the same address as the registered owner of the | 21 | | vehicle and the
person is
afflicted with or suffering from | 22 | | a medical disease
which would require the person to be | 23 | | shielded from the direct rays
of the
sun, including, but | 24 | | not limited to, systemic or discoid lupus erythematosus, | 25 | | disseminated superficial actinic porokeratosis, light | 26 | | sensitivity as a result of a traumatic brain
injury, or |
| | | HB0096 | - 6 - | LRB102 03765 HEP 13778 b |
|
| 1 | | albinism.
| 2 | | The owner must obtain a certified statement or letter | 3 | | written by a physician licensed to practice medicine in
| 4 | | Illinois that such person owning and operating or being | 5 | | transported in a motor
vehicle is afflicted with or | 6 | | suffers from such disease, including, but not limited to, | 7 | | systemic or discoid lupus erythematosus, disseminated | 8 | | superficial actinic porokeratosis, light sensitivity as a | 9 | | result of a traumatic brain
injury, or albinism. However, | 10 | | no exemption from the requirements of subsection (a-5) | 11 | | shall be granted for any condition, such as light | 12 | | sensitivity, for which protection from the direct rays of | 13 | | the sun can be adequately obtained by the use of | 14 | | sunglasses or other eye protective devices. | 15 | | Such certification must be carried in the motor | 16 | | vehicle at all times. The
certification shall be legible | 17 | | and shall contain the date of issuance, the
name, address | 18 | | and signature of the attending physician, and the name, | 19 | | address,
and medical condition of the person requiring | 20 | | exemption. The information on
the certificate for a window | 21 | | treatment must remain current and shall be renewed every 4 | 22 | | years
by the attending physician. The owner shall also | 23 | | submit a copy of the certification to
the Secretary of
| 24 | | State. The Secretary of State may forward notice of | 25 | | certification to law
enforcement agencies.
| 26 | | (g-5) (Blank). |
| | | HB0096 | - 7 - | LRB102 03765 HEP 13778 b |
|
| 1 | | (g-7) Installers shall only install window treatment | 2 | | authorized by subsection (g) on motor vehicles for which | 3 | | distinctive plates or license plate stickers have been issued | 4 | | pursuant to subsection (k) of Section 3-412 of this Code. The | 5 | | distinctive license plates or plate sticker must be on the | 6 | | motor vehicle at the time of window treatment installation. | 7 | | (h) Subsection (a) of this Section shall not apply to | 8 | | motor vehicle
stickers or other certificates issued by State | 9 | | or local authorities which
are required to be displayed upon | 10 | | motor vehicle windows to evidence
compliance with requirements | 11 | | concerning motor vehicles.
| 12 | | (i) (Blank).
| 13 | | (j) A person found guilty of violating subsection (a), | 14 | | (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section | 15 | | shall be guilty of a petty offense and fined no less than $50 | 16 | | nor more
than $500. A second or subsequent violation of | 17 | | subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
| 18 | | this Section shall be treated as a Class C misdemeanor and the | 19 | | violator fined
no less than $100 nor more than $500. Any person | 20 | | convicted under subsection
(a), (a-5), (b), or (b-5) of this | 21 | | Section shall be ordered to alter any
nonconforming windows | 22 | | into compliance with this Section.
| 23 | | (k) Except as provided in subsection (a-3) of this | 24 | | Section, nothing in this
Section shall create a cause of | 25 | | action on behalf of a buyer against a
vehicle dealer or | 26 | | manufacturer who sells a motor vehicle with a window which is |
| | | HB0096 | - 8 - | LRB102 03765 HEP 13778 b |
|
| 1 | | in
violation of this Section. | 2 | | (l) The Secretary of State shall provide a notice of the | 3 | | requirements of this Section to a new resident applying for | 4 | | vehicle registration in this State pursuant to Section 3-801 | 5 | | of this Code. The Secretary of State may comply with this | 6 | | subsection by posting the requirements of this Section on the | 7 | | Secretary of State's website. | 8 | | (m) A home rule unit may not regulate motor vehicles in a | 9 | | manner inconsistent with this Section. This Section is a | 10 | | limitation under subsection (i) of Section 6 of Article VII of | 11 | | the Illinois Constitution on the concurrent exercise by home | 12 | | rule units of powers and functions exercised by the State. | 13 | | (Source: P.A. 100-346, eff. 1-1-18; 100-863, eff. 8-14-18.)
|
|