Full Text of SB2994 96th General Assembly
SB2994 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2994
Introduced 2/3/2010, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/12-503 |
from Ch. 95 1/2, par. 12-503 |
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Amends the Illinois Vehicle Code. Provides that a person may not 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 obstructs (rather than materially obstructs) the driver's view. Provides that the window obstruction provision does not apply to authorized emergency vehicles. Provides that a person may not drive a motor vehicle when the windshield, side, or
rear windows are in such defective condition or repair as to
impair (rather than materially impair) the driver's view to the front, side, or rear. Provides that a vehicle equipped
with a side mirror on each side of the vehicle will be deemed to be in compliance with the defective condition provision in the event the
rear window of the vehicle is obscured (rather than materially obscured). Makes other technical changes.
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A BILL FOR
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SB2994 |
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LRB096 20027 AJT 35524 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 12-503 as follows:
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| (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
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| Sec. 12-503. Windshields must be unobstructed and equipped | 8 |
| with wipers.
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| (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
more | 14 |
| than 6 inches down from the top of the windshield.
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| (a-5) No window treatment or tinting shall be applied to | 16 |
| the windows immediately adjacent to each side of the driver, | 17 |
| except: | 18 |
| (1) on vehicles where none of the windows to the rear | 19 |
| of the driver's seat are treated in a manner that allows | 20 |
| less than 30% light transmittance, a nonreflective tinted | 21 |
| film that allows at least 50% light transmittance, with a | 22 |
| 5% variance observed by any law enforcement official | 23 |
| metering the light transmittance, may be used on the side |
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| windows immediately adjacent to each side of the driver. | 2 |
| (2) on vehicles where none of the windows to the rear | 3 |
| of the driver's seat are treated in a manner that allows | 4 |
| less than 35% light transmittance, a nonreflective tinted | 5 |
| film that allows at least 35% light transmittance, with a | 6 |
| 5% variance observed by any law enforcement official | 7 |
| metering the light transmittance, may be used on the side | 8 |
| windows immediately adjacent to each side of the driver. | 9 |
| (3) on multipurpose passenger vehicles, as defined by | 10 |
| Section 1-148.3b of this Code, a nonreflective tinted film | 11 |
| originally applied by the manufacturer, that allows at | 12 |
| least 50% light transmittance, with a 5% variance observed | 13 |
| by any law enforcement official metering the light | 14 |
| transmittance, may be used on the side windows immediately | 15 |
| adjacent to each side of the driver. | 16 |
| (a-10) (a-5) No person shall install or repair any material | 17 |
| prohibited by subsection (a) of this Section. | 18 |
| (1) Nothing in this subsection shall prohibit a person | 19 |
| from removing or altering any material prohibited by | 20 |
| subsection (a) to make a motor vehicle comply with the | 21 |
| requirements of this Section. | 22 |
| (2) Nothing in this subsection shall prohibit a person | 23 |
| from installing window treatment for a person with a | 24 |
| medical condition described in subsection (g) of this | 25 |
| Section. An installer who installs window treatment for a | 26 |
| person with a medical condition described in subsection (g) |
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| must obtain a copy of the certified statement or letter | 2 |
| written by a physician described in subsection (g) from the | 3 |
| person with the medical condition prior to installing the | 4 |
| window treatment. The copy of the certified statement or | 5 |
| letter must be kept in the installer's permanent records. | 6 |
| (b) On motor vehicles where window treatment has not been | 7 |
| applied to the windows immediately adjacent to each side of the | 8 |
| driver, the use of a
nonreflective, smoked or tinted glass, | 9 |
| nonreflective film, perforated
window screen or other | 10 |
| decorative window application on windows to the rear
of the | 11 |
| driver's seat shall be allowed, except that any motor vehicle | 12 |
| with a window to the
rear of the driver's seat treated in this | 13 |
| manner shall be equipped with a
side mirror on each side of the | 14 |
| motor vehicle which are in conformance with
Section 12-502.
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| (c) No person shall drive a motor vehicle with any objects | 16 |
| placed or
suspended between the driver and the front | 17 |
| windshield, rear
window, side wings or side windows immediately | 18 |
| adjacent to each side of
the driver which materially obstructs | 19 |
| the driver's view. This subsection does not apply to authorized | 20 |
| emergency vehicles.
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| (d) Every motor vehicle, except motorcycles, shall be | 22 |
| equipped with a
device, controlled by the driver, for cleaning | 23 |
| rain, snow, moisture or other
obstructions from the windshield; | 24 |
| and no person shall drive a motor vehicle
with snow, ice, | 25 |
| moisture or other material on any of the windows or
mirrors, | 26 |
| which materially obstructs the driver's clear view of the |
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| highway.
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| (e) No person shall drive a motor vehicle when the | 3 |
| windshield, side or
rear windows are in such defective | 4 |
| condition or repair as to materially
impair the driver's view | 5 |
| to the front, side or rear. A vehicle equipped
with a side | 6 |
| mirror on each side of the vehicle which are in conformance
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| with Section 12-502 will be deemed to be in compliance in the | 8 |
| event the
rear window of the vehicle is materially obscured.
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| (f) Paragraphs (a), (a-5), and (b) of this Section shall | 10 |
| not apply to:
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| (1) (Blank).
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| (2) to those motor vehicles properly registered in | 13 |
| another jurisdiction.
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| (g) Paragraphs (a) and (a-5) of this Section shall not | 15 |
| apply to window treatment, including but not limited to a | 16 |
| window application,
nonreflective material, or tinted film, | 17 |
| applied or affixed
to a motor vehicle for which distinctive | 18 |
| license plates or license plate stickers have been issued | 19 |
| pursuant to subsection (k) of Section 3-412 of this Code, and | 20 |
| which:
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| (1) is owned and operated by a person afflicted with or | 22 |
| suffering
from a medical disease, including but not limited | 23 |
| to systemic or discoid lupus erythematosus, disseminated | 24 |
| superficial actinic porokeratosis, or albinism, which | 25 |
| would require that person
to be shielded from the direct | 26 |
| rays of the sun; or
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| (2) is used in transporting a person when the person
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| resides at
the same address as the registered owner of the | 3 |
| vehicle and the
person is
afflicted with or suffering from | 4 |
| a medical disease
which would require the person to be | 5 |
| shielded from the direct rays
of the
sun, including but not | 6 |
| limited to systemic or discoid lupus erythematosus, | 7 |
| disseminated superficial actinic porokeratosis, or | 8 |
| albinism.
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| The owner must obtain a certified statement or letter | 10 |
| written by a physician licensed to practice medicine in
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| Illinois that such person owning and operating or being | 12 |
| transported in a motor
vehicle is afflicted with or suffers | 13 |
| from such disease, including but not limited to systemic or | 14 |
| discoid lupus erythematosus, disseminated superficial | 15 |
| actinic porokeratosis, or albinism. However, no exemption | 16 |
| from the requirements of subsection (a-5) shall be granted | 17 |
| for any condition, such as light sensitivity, for which | 18 |
| protection from the direct rays of the sun can be | 19 |
| adequately obtained by the use of sunglasses or other eye | 20 |
| protective devices. | 21 |
| Such certification must be carried in the motor vehicle | 22 |
| at all times. The
certification shall be legible and shall | 23 |
| contain the date of issuance, the
name, address and | 24 |
| signature of the attending physician, and the name, | 25 |
| address,
and medical condition of the person requiring | 26 |
| exemption. The information on
the certificate for a window |
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| treatment must remain current and shall be renewed
annually | 2 |
| by the attending physician. The owner shall also submit a | 3 |
| copy of the certification to
the Secretary of
State. The | 4 |
| Secretary of State may forward notice of certification to | 5 |
| law
enforcement agencies.
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| (g-5) (Blank). | 7 |
| (g-7) Installers shall only install window treatment | 8 |
| authorized by subsection (g) on motor vehicles for which | 9 |
| distinctive plates or license plate stickers have been issued | 10 |
| pursuant to subsection (k) of Section 3-412 of this Code. The | 11 |
| distinctive license plates or plate sticker must be on the | 12 |
| motor vehicle at the time of window treatment installation. | 13 |
| (h) Paragraph (a) of this Section shall not apply to motor | 14 |
| vehicle
stickers or other certificates issued by State or local | 15 |
| authorities which
are required to be displayed upon motor | 16 |
| vehicle windows to evidence
compliance with requirements | 17 |
| concerning motor vehicles.
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| (i) (Blank).
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| (j) A person found guilty of violating paragraphs (a), | 20 |
| (a-5), (a-10), (b), or (g-7) of this
Section shall be guilty of | 21 |
| a petty offense and fined no less than $50 nor more
than $500. | 22 |
| A second or subsequent violation of paragraphs (a), (a-5), | 23 |
| (a-10), (b), or (g-7) of
this Section shall be treated as a | 24 |
| Class C misdemeanor and the violator fined
no less than $100 | 25 |
| nor more than $500. Any person convicted under paragraphs
(a), | 26 |
| (a-5), or (b) of this Section shall be ordered to alter any
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| nonconforming windows into compliance with this Section.
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| (k) Nothing in this
Section shall create a cause of action | 3 |
| on behalf of a buyer against a
vehicle dealer or manufacturer | 4 |
| who sells a motor vehicle with a window which is in
violation | 5 |
| of this Section. | 6 |
| (l) (k) The Secretary of State shall provide a notice of | 7 |
| the requirements of this Section to a new resident applying for | 8 |
| vehicle registration in this State pursuant to Section 3-801 of | 9 |
| this Code. The Secretary of State may comply with this | 10 |
| subsection by posting the requirements of this Section on the | 11 |
| Secretary of State's website. | 12 |
| (Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10; | 13 |
| 96-815, eff. 10-30-09; revised 11-9-09.)
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