HB0774eng 98TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-105 and 12-215 as follows:
 
6    (625 ILCS 5/1-105)  (from Ch. 95 1/2, par. 1-105)
7    Sec. 1-105. Authorized emergency vehicle. Emergency
8vehicles of municipal departments or public service
9corporations as are designated or authorized by proper local
10authorities; police vehicles; vehicles of the fire department;
11vehicles of a HazMat or technical rescue team authorized by a
12county board under Section 5-1127 of the Counties Code;
13ambulances; vehicles of the Illinois Emergency Management
14Agency; vehicles of the Office of the Illinois State Fire
15Marshal; mine rescue and explosives emergency response
16vehicles of the Department of Natural Resources; vehicles of
17the Illinois Department of Public Health; vehicles of the
18Illinois Department of Transportation identified as Emergency
19Traffic Patrol; and vehicles of a municipal or county emergency
20services and disaster agency, as defined by the Illinois
21Emergency Management Agency Act.
22(Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11;
2396-1190, eff. 7-22-10; 97-149, eff. 7-14-11; 97-333, eff.

 

 

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17-12-11.)
 
2    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
3    Sec. 12-215. Oscillating, rotating or flashing lights on
4motor vehicles. Except as otherwise provided in this Code:
5    (a) The use of red or white oscillating, rotating or
6flashing lights, whether lighted or unlighted, is prohibited
7except on:
8        1. Law enforcement vehicles of State, Federal or local
9    authorities;
10        2. A vehicle operated by a police officer or county
11    coroner and designated or authorized by local authorities,
12    in writing, as a law enforcement vehicle; however, such
13    designation or authorization must be carried in the
14    vehicle;
15        2.1. A vehicle operated by a fire chief who has
16    completed an emergency vehicle operation training course
17    approved by the Office of the State Fire Marshal and
18    designated or authorized by local authorities, in writing,
19    as a fire department, fire protection district, or township
20    fire department vehicle; however, the designation or
21    authorization must be carried in the vehicle, and the
22    lights may be visible or activated only when responding to
23    a bona fide emergency;
24        3. Vehicles of local fire departments and State or
25    federal firefighting vehicles;

 

 

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1        4. Vehicles which are designed and used exclusively as
2    ambulances or rescue vehicles; furthermore, such lights
3    shall not be lighted except when responding to an emergency
4    call for and while actually conveying the sick or injured;
5        5. Tow trucks licensed in a state that requires such
6    lights; furthermore, such lights shall not be lighted on
7    any such tow truck while the tow truck is operating in the
8    State of Illinois;
9        6. Vehicles of the Illinois Emergency Management
10    Agency, vehicles of the Office of the Illinois State Fire
11    Marshal, vehicles of the Illinois Department of Public
12    Health, and vehicles of the Department of Nuclear Safety;
13        7. Vehicles operated by a local or county emergency
14    management services agency as defined in the Illinois
15    Emergency Management Agency Act;
16        8. School buses operating alternately flashing head
17    lamps as permitted under Section 12-805 of this Code;
18        9. Vehicles that are equipped and used exclusively as
19    organ transplant vehicles when used in combination with
20    blue oscillating, rotating, or flashing lights;
21    furthermore, these lights shall be lighted only when the
22    transportation is declared an emergency by a member of the
23    transplant team or a representative of the organ
24    procurement organization; and
25        10. Vehicles of the Illinois Department of Natural
26    Resources that are used for mine rescue and explosives

 

 

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1    emergency response.
2        11. Vehicles of the Illinois Department of
3    Transportation identified as Emergency Traffic Patrol. The
4    lights shall not be lighted except when responding to an
5    emergency call or when parked or stationary while engaged
6    in motor vehicle assistance or at the scene of the
7    emergency.
8    (b) The use of amber oscillating, rotating or flashing
9lights, whether lighted or unlighted, is prohibited except on:
10        1. Second division vehicles designed and used for
11    towing or hoisting vehicles; furthermore, such lights
12    shall not be lighted except as required in this paragraph
13    1; such lights shall be lighted when such vehicles are
14    actually being used at the scene of an accident or
15    disablement; if the towing vehicle is equipped with a flat
16    bed that supports all wheels of the vehicle being
17    transported, the lights shall not be lighted while the
18    vehicle is engaged in towing on a highway; if the towing
19    vehicle is not equipped with a flat bed that supports all
20    wheels of a vehicle being transported, the lights shall be
21    lighted while the towing vehicle is engaged in towing on a
22    highway during all times when the use of headlights is
23    required under Section 12-201 of this Code;
24        2. Motor vehicles or equipment of the State of
25    Illinois, local authorities and contractors; furthermore,
26    such lights shall not be lighted except while such vehicles

 

 

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1    are engaged in maintenance or construction operations
2    within the limits of construction projects;
3        3. Vehicles or equipment used by engineering or survey
4    crews; furthermore, such lights shall not be lighted except
5    while such vehicles are actually engaged in work on a
6    highway;
7        4. Vehicles of public utilities, municipalities, or
8    other construction, maintenance or automotive service
9    vehicles except that such lights shall be lighted only as a
10    means for indicating the presence of a vehicular traffic
11    hazard requiring unusual care in approaching, overtaking
12    or passing while such vehicles are engaged in maintenance,
13    service or construction on a highway;
14        5. Oversized vehicle or load; however, such lights
15    shall only be lighted when moving under permit issued by
16    the Department under Section 15-301 of this Code;
17        6. The front and rear of motorized equipment owned and
18    operated by the State of Illinois or any political
19    subdivision thereof, which is designed and used for removal
20    of snow and ice from highways;
21        (6.1) The front and rear of motorized equipment or
22    vehicles that (i) are not owned by the State of Illinois or
23    any political subdivision of the State, (ii) are designed
24    and used for removal of snow and ice from highways and
25    parking lots, and (iii) are equipped with a snow plow that
26    is 12 feet in width; these lights may not be lighted except

 

 

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1    when the motorized equipment or vehicle is actually being
2    used for those purposes on behalf of a unit of government;
3        7. Fleet safety vehicles registered in another state,
4    furthermore, such lights shall not be lighted except as
5    provided for in Section 12-212 of this Code;
6        8. Such other vehicles as may be authorized by local
7    authorities;
8        9. Law enforcement vehicles of State or local
9    authorities when used in combination with red oscillating,
10    rotating or flashing lights;
11        9.5. Propane delivery trucks;
12        10. Vehicles used for collecting or delivering mail for
13    the United States Postal Service provided that such lights
14    shall not be lighted except when such vehicles are actually
15    being used for such purposes;
16        10.5. Vehicles of the Office of the Illinois State Fire
17    Marshal, provided that such lights shall not be lighted
18    except for when such vehicles are engaged in work for the
19    Office of the Illinois State Fire Marshal;
20        11. Any vehicle displaying a slow-moving vehicle
21    emblem as provided in Section 12-205.1;
22        12. All trucks equipped with self-compactors or
23    roll-off hoists and roll-on containers for garbage or
24    refuse hauling. Such lights shall not be lighted except
25    when such vehicles are actually being used for such
26    purposes;

 

 

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1        13. Vehicles used by a security company, alarm
2    responder, or control agency;
3        14. Security vehicles of the Department of Human
4    Services; however, the lights shall not be lighted except
5    when being used for security related purposes under the
6    direction of the superintendent of the facility where the
7    vehicle is located; and
8        15. Vehicles of union representatives, except that the
9    lights shall be lighted only while the vehicle is within
10    the limits of a construction project.
11    (c) The use of blue oscillating, rotating or flashing
12lights, whether lighted or unlighted, is prohibited except on:
13        1. Rescue squad vehicles not owned by a fire department
14    and vehicles owned or operated by a:
15            voluntary firefighter;
16            paid firefighter;
17            part-paid firefighter;
18            call firefighter;
19            member of the board of trustees of a fire
20        protection district;
21            paid or unpaid member of a rescue squad;
22            paid or unpaid member of a voluntary ambulance
23        unit; or
24            paid or unpaid members of a local or county
25        emergency management services agency as defined in the
26        Illinois Emergency Management Agency Act, designated

 

 

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1        or authorized by local authorities, in writing, and
2        carrying that designation or authorization in the
3        vehicle.
4        However, such lights are not to be lighted except when
5    responding to a bona fide emergency or when parked or
6    stationary at the scene of a fire, rescue call, ambulance
7    call, or motor vehicle accident.
8        Any person using these lights in accordance with this
9    subdivision (c)1 must carry on his or her person an
10    identification card or letter identifying the bona fide
11    member of a fire department, fire protection district,
12    rescue squad, ambulance unit, or emergency management
13    services agency that owns or operates that vehicle. The
14    card or letter must include:
15            (A) the name of the fire department, fire
16        protection district, rescue squad, ambulance unit, or
17        emergency management services agency;
18            (B) the member's position within the fire
19        department, fire protection district, rescue squad,
20        ambulance unit, or emergency management services
21        agency;
22            (C) the member's term of service; and
23            (D) the name of a person within the fire
24        department, fire protection district, rescue squad,
25        ambulance unit, or emergency management services
26        agency to contact to verify the information provided.

 

 

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1        2. Police department vehicles in cities having a
2    population of 500,000 or more inhabitants.
3        3. Law enforcement vehicles of State or local
4    authorities when used in combination with red oscillating,
5    rotating or flashing lights.
6        4. Vehicles of local fire departments and State or
7    federal firefighting vehicles when used in combination
8    with red oscillating, rotating or flashing lights.
9        5. Vehicles which are designed and used exclusively as
10    ambulances or rescue vehicles when used in combination with
11    red oscillating, rotating or flashing lights; furthermore,
12    such lights shall not be lighted except when responding to
13    an emergency call.
14        6. Vehicles that are equipped and used exclusively as
15    organ transport vehicles when used in combination with red
16    oscillating, rotating, or flashing lights; furthermore,
17    these lights shall only be lighted when the transportation
18    is declared an emergency by a member of the transplant team
19    or a representative of the organ procurement organization.
20        7. Vehicles of the Illinois Emergency Management
21    Agency, vehicles of the Office of the Illinois State Fire
22    Marshal, vehicles of the Illinois Department of Public
23    Health, and vehicles of the Department of Nuclear Safety,
24    when used in combination with red oscillating, rotating, or
25    flashing lights.
26        8. Vehicles operated by a local or county emergency

 

 

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1    management services agency as defined in the Illinois
2    Emergency Management Agency Act, when used in combination
3    with red oscillating, rotating, or flashing lights.
4        9. Vehicles of the Illinois Department of Natural
5    Resources that are used for mine rescue and explosives
6    emergency response, when used in combination with red
7    oscillating, rotating, or flashing lights.
8    (c-1) In addition to the blue oscillating, rotating, or
9flashing lights permitted under subsection (c), and
10notwithstanding subsection (a), a vehicle operated by a
11voluntary firefighter, a voluntary member of a rescue squad, or
12a member of a voluntary ambulance unit may be equipped with
13flashing white headlights and blue grill lights, which may be
14used only in responding to an emergency call or when parked or
15stationary at the scene of a fire, rescue call, ambulance call,
16or motor vehicle accident.
17    (c-2) In addition to the blue oscillating, rotating, or
18flashing lights permitted under subsection (c), and
19notwithstanding subsection (a), a vehicle operated by a paid or
20unpaid member of a local or county emergency management
21services agency as defined in the Illinois Emergency Management
22Agency Act, may be equipped with white oscillating, rotating,
23or flashing lights to be used in combination with blue
24oscillating, rotating, or flashing lights, if authorization by
25local authorities is in writing and carried in the vehicle.
26    (d) The use of a combination of amber and white

 

 

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1oscillating, rotating or flashing lights, whether lighted or
2unlighted, is prohibited except motor vehicles or equipment of
3the State of Illinois, local authorities, contractors, and
4union representatives may be so equipped; furthermore, such
5lights shall not be lighted on vehicles of the State of
6Illinois, local authorities, and contractors except while such
7vehicles are engaged in highway maintenance or construction
8operations within the limits of highway construction projects,
9and shall not be lighted on the vehicles of union
10representatives except when those vehicles are within the
11limits of a construction project.
12    (e) All oscillating, rotating or flashing lights referred
13to in this Section shall be of sufficient intensity, when
14illuminated, to be visible at 500 feet in normal sunlight.
15    (f) Nothing in this Section shall prohibit a manufacturer
16of oscillating, rotating or flashing lights or his
17representative from temporarily mounting such lights on a
18vehicle for demonstration purposes only.
19    (g) Any person violating the provisions of subsections (a),
20(b), (c) or (d) of this Section who without lawful authority
21stops or detains or attempts to stop or detain another person
22shall be guilty of a Class 2 felony.
23    (h) Except as provided in subsection (g) above, any person
24violating the provisions of subsections (a) or (c) of this
25Section shall be guilty of a Class A misdemeanor.
26(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10;

 

 

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197-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, eff.
27-13-12.)