Comments on Northern Law Blog: REPOST - Illinois Vehicle Window Tint Law

I would really appreciate a clarification: What d...

2010-03-08T11:50:08.606-06:00

I would really appreciate a clarification:

What does "NOT LIMITED TO" mean in the following:

(625 ILCS 5/12‑503) (From Ch. 95 1/2, par. 12‑503)

(Text of Section from P.A. 96‑530)

From Paragraph (G-2)...

"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."

Patty from IL Sec. St. Office (217) 785-5215 has already denied our plates because our affliction is not listed above... Both my wife and I have a propensity for Melanoma (skin cancer) and have doctors letter on file.

She claims the above statement is not current, and the "including but NOT" portion has been omitted last Dec. 2009. All the websites show what is captured above... in 4 months there have been no website updates?

If Patty is correct... Why maximize protection for only certain conditions (that can be treated and are survivable) and not maximize protection against deadly skin cancer? What medical reasoning supports this decision? Neither my dermatologist nor my wife’s would have endorsed this decision.

I feel discriminated against by this decision and will possibly be placed at further risk. Not to mention the cost to change the current tint on both my vehicles to a less effective UV filter. $200.00 each so I can be legal... once again. We have been abiding by the law and enrolled in this tint program (with doctor’s letter in the car, and on file the Springfield and the new ..WT plates issued) since my first diagnosis in the late 90s. Now we don't qualify?? Absurd!!!

Thank you any response.

heres the link to 12-503 http://www.ilga.gov/legi...

2010-03-03T16:40:08.412-06:00

heres the link to 12-503

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+12+Art%2E+V&ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&SectionID=59764&SeqStart=129100000&SeqEnd=129600000&ActName=Illinois+Vehicle+Code%2E

If you go to the Illinois Compiled statutes (I'll ...

2010-03-03T16:39:31.126-06:00

If you go to the Illinois Compiled statutes (I'll post the direct link at the bottom of this) there are two sections which cover 12-503. The first one you see, allows for no window tint on the windows immediately adjacent to the driver. The second version of 12-503 allows tint with certain percentages. The first one went into effect 01/01/10. The second 10/30/09. These are listed at the bottom of the statutes. It appears the law has reverted back to its original language.

Consider the following factors when deciding to ge...

2010-02-15T01:16:09.451-06:00

Consider the following factors when deciding to get privacy tints:

What color is the interior of your vehicle? (the darker the interior color the darker the tint will appear from the outside of the vehicle)

How often do drive at night? (the darker the tint, decreases night time visibility in your vehicle)
Advice: avoid darker tint for your safety and the safety of others.

As always you should avoid illegal tint percentages i.e. limo tints on the windows adjacent to the driver.
Advice: avoid illegal tints, otherwise you will eventually be cited for violations.

Vehicle tint's, as appealing as they may be, are intended to reduce excess use of air conditioning by drivers during summer days, as well as reducing excessive UV rays on the vehicle occupants.

The mere fact that vehicle privacy tints are allowed, does not give vehicle owners free reign to disregard the law and choose from among tint percentages that are against the law.

I finally got around to tinting my 99 civic. went ...

2010-02-14T03:04:41.751-06:00

I finally got around to tinting my 99 civic. went with 35% all around. Its good, but it just doesnt seem dark enough for me.
Im gonna tint my 2010 altima this week but i dont know if i should go with limo (5%), 15%, or 20%. im leaning more towards the 15% or 20% but i cant decide.. is there a noticeable difference? what should i choose?
thanks in advance.

The law isn't reverted... They are seperate bill...

2010-02-08T11:18:36.764-06:00

The law isn't reverted...
They are seperate bills, one deals with fines for tint shops installing illegally, the other sets tint parameters. HB 4327 only changes language regarding tint shops.

Go here for more details.
http://www.cyberdriveillinois.com/departments/vehicles/license_plate_guide/standard_plates/tinted_windows.html

Did you see Illinois HB4327, it goes into effect 0...

2010-02-08T00:00:13.057-06:00

Did you see Illinois HB4327, it goes into effect 01/01/10 basically reverting the window tint law back to its original language. Tint only allowed six inches from the top of the windshield, and nothing at all on the windows immediately adjacent to the driver. Tint is allowed on the rear windows and the back windshield.

Please, can anyone help me? I was pulled over beca...

2010-02-04T19:37:55.709-06:00

Please, can anyone help me? I was pulled over because of my tinted windows. I was ticketed and told that I could try to contest the violation in court. I drive a Volvo wagon and bought the car with the windows already tinted. The windows have a manufacture's tint with the car's logo placed over the tint. How do I check the percentage of visible light? Is there a way to prove the light coming through? I am convinced that the minimal tint on my windows is not a violation, I just do not know what to do from here.
Terra

With all due respect to the individual who represe...

2010-01-27T16:02:46.712-06:00

With all due respect to the individual who represented him/herself as an officer, the city can't claim home rule on this one. Please reference the language of the law and you will be able to decipher that. It appears that your belief is that any non-resident of the city who drives a tinted vehicle into the municipality would be breaking the law. That would be absurd. Furthermore, I find it ironic that when I've driven past a city police station parking lot, I've seen officer's private vehicles with tinted windows.

You referenced the gun law; you are comparing apples to oranges. There's a bit of a difference between a gun and a window tint. Nevertheless, the gun law that you spoke of is scheduled to be challenged in the supreme court on or March 2, 2010.

Look, criminals will get guns regardless of the law. It's those who obey the laws that tend to get short changed in a situation like this.

What happened? House bill 4327 effective 1.1.10 o...

2009-12-31T18:42:02.088-06:00

What happened? House bill 4327 effective 1.1.10 once again basically states no tint on front 2 windows. It does not even speak to the balance of the vehicle. Where did house bill 3325 and its content go? I am not sure how the new HB4327 is different than the previous law other than stiffer penalties to those with tint or those who install?? Very confused as to where HB3325 went and where law enforcement stands. A local police officer gave me his 2010 Law Update for Law Enforcement copy. Not good. Educated comments please.......

Is there an answer on the City of Chicago's abilit...

2009-12-22T14:48:42.730-06:00

Is there an answer on the City of Chicago's ability to give a ticket for front tinted windows? Wondering if anyone has gotten out of these tickets in the City since the law has been changed?? How did you do it?

Bottom line..? Can the city of Chicago still give ...

2009-12-15T09:55:30.731-06:00

Bottom line..? Can the city of Chicago still give out tint tickets? how do thet measure the tint? I got a ticket on a parked car that has no tint on the front, just residue from the tint glue. You can't even tell if the window's tinted or not in the picture on the ticket.

Bottom line... Does the city of Chicago still have...

2009-12-15T09:52:44.367-06:00

Bottom line... Does the city of Chicago still have the right to give out tickets for the tint?

Just to clarify the issue of preemption, it can ha...

2009-12-14T18:17:05.048-06:00

Just to clarify the issue of preemption, it can happen either expressly or implicitly. I will use state and local law since that was the discussion before.

For instance, state law can expressly preempt local municipalities from regulating a particular area of the law by including an express provision in the statute which regulates that particular field.

Implied preemption can occur either through 1.conflict preemption or 2.field preemption.

Conflict preemption can occur where the local law makes it impossible to comply with the state law.

Field preemption can occur where it is obvious that the state regulates such a wide area of the field of the law in which the local municipality is trying to regulate, that there is an inference that the state legislature did not intend for local municipalities to regulate the field.

I would disagree with some of what the police offi...

2009-12-14T18:05:40.010-06:00

I would disagree with some of what the police officer said. Asserting that local municipalities "always" have the ability to make laws that are more stringent than state law is going a bit too far.

While it is true that a local ordinance can be more stringent, if the local ordinance is in conflict with the state law, it will be preempted. There is even more that goes along with preemption on the state and local level which I will save for a post when I have the time and energy to write about it.

Police Officer here. You are correct that the sta...

2009-12-14T17:49:00.119-06:00

Police Officer here. You are correct that the state law has been changed, however municipalitites always have the ability to make laws that are more stringent than the state or federal laws, they simply can not be more lax. For example, pistols are legal in illinois, however they are illegal in Chicago due to local ordinance. Window tinting up to 35% is now legal in ilinois, however it is still illegal in Chicago due to local ordinance. As for appealing, you can give it a try but I wouldn't hold my breath. As is always the case, ignorance of the law is no excuse for breaking the law.......

There is another site I have been following as wel...

2009-12-04T19:21:10.520-06:00

There is another site I have been following as well on this and below is a code they keep referring to about Home Rule for the city of Chicago. I'm not a lawyer so please read to get a better understanding.

65 ILCS 5/1‑2.1‑2) Sec. 1‑2.1‑2. This section is included in the Illinois Municipal Code, and is pursuant to localities that utilize "Home Rule.

tickets are not valid...if recieving a ticket a le...

2009-12-04T01:36:12.871-06:00

tickets are not valid...if recieving a ticket a letter should do; a copy of the ticket with a copy of the statute to; 1)Police Superintendent 2) Mayors office, and to you police CAPS officer-should get some reponse.
Or go to your police district office, again the copies, speakw/ a watch commander, and that should filter to your beat officer who ....more than likely it's a training issue for police

This goes back to the question I posed earlier in ...

2009-11-26T10:06:48.950-06:00

This goes back to the question I posed earlier in this thread. Can individual municipalities have their own statutes that over ride the state?

I got my windows tinted last week. I followed the letter of the law. Yesterday I received a $250 from Chicago.

I removed the film on the front windows pending the outcome of my ticket. Im going to fight it. I dont know if it was just an uninformed cop or if it is still illegal in the city?

I am still confused. If my tints are 50% or less, ...

2009-11-19T07:45:39.839-06:00

I am still confused. If my tints are 50% or less, why do I keep getting tickets in the city of Chicago for $250. Can someone help please??

Tony, I just read through it again, it states a "...

2009-11-16T15:24:15.572-06:00

Tony,

I just read through it again, it states a "...person may drive a motor vehicle with a nonreflective material tinted film that does not allow less than 50% light transmittance upon the side windows immediately adjacent to each side of the driver." *(Note a 5% variance is allowed)

From what I understood, You are allowed to have 35...

2009-11-16T13:44:44.197-06:00

From what I understood, You are allowed to have 35% all around. So with the 50% on the front windows, you should be fine.

I have the same question as Matthew B. I hope they...

2009-11-15T02:18:07.558-06:00

I have the same question as Matthew B. I hope they educate us more about this as ignorance from the law does not absolve you of any rule-breaking.

Waseem, I am not sure about the exact percentage ...

2009-11-13T11:28:10.074-06:00

Waseem,

I am not sure about the exact percentage of my tints but the front and back windows (it is a four-door car) on both sides are very lightly tinted. You can easily see into the the cabin and out the window on the other side. The large, back window is a little darker but you can still see through it inside the car and out the front windshield. If I contest this by mail should I reference the new law? If so, what is it? Thanks again

Matthew, What percentage are your tints? If I am...

2009-11-12T22:24:01.876-06:00

Matthew,

What percentage are your tints? If I am not mistaken the law allows for window tints that are 50%. The percentage corresponds to the amount of light that is allowed to enter the window.

If the tint is noticeably darker then what the law allows, I don't see why the assessment of the ticket would not be upheld.

Although I don't think it is possible to exactly identify what percentage tint a window is simply by looking at, I do believe it is very evident when tint is darker then 50%. This is because tint that is 50% still allows a person from the outside to see the interior cabin of a vehicle and even out the opposite window.