Public Act 90-0347 of the 90th General Assembly

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Public Act 90-0347

SB186 Enrolled                                 LRB9001951NTsb

    AN ACT to amend  the  Illinois  Vehicle  Code  by  adding
Section 1-154.4 and changing Sections 12-215 and 12-601.

    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
adding  Section  1-154.4  and  changing  Sections  12-215 and
12-601 as follows:

    (625 ILCS 5/1-154.4 new)
    Sec. 1-154.4.  Organ transport vehicle. A  motor  vehicle
of  the second division equipped and used exclusively for the
transportation  of  organs  for  human  transplant   or   the
transportation of members of the surgical team performing the
organ  harvesting or transplant operations.  Vehicles defined
in this Section shall be owned or operated by a company  that
has a contractual agreement with a federally designated organ
procurement  organization  for  the  purposes  stated in this
Section.

    (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
    (Text of Section before amendment by P.A. 89-507)
    Sec. 12-215.  Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
    (a)  The use of red or  white  oscillating,  rotating  or
flashing  lights, whether lighted or unlighted, is prohibited
except on:
         1.  Law enforcement vehicles of  State,  Federal  or
    local authorities;
         2.  A vehicle operated by a police officer or county
    coroner   and   designated   or   authorized   by   local
    authorities,  in  writing,  as a law enforcement vehicle;
    however,  such  designation  or  authorization  must   be
    carried in the vehicle;
         3.  Vehicles  of local fire departments and State or
    federal firefighting vehicles;
         4.  Vehicles which are designed and used exclusively
    as  ambulances  or  rescue  vehicles;  furthermore,  such
    lights shall not be lighted except when responding to  an
    emergency  call for and while actually conveying the sick
    or injured; and
         5.  Tow trucks licensed in  a  state  that  requires
    such  lights;  furthermore,  such  lights  shall  not  be
    lighted  on  any  such  tow  truck while the tow truck is
    operating in the State of Illinois.
    (b)  The use of amber oscillating, rotating  or  flashing
lights,  whether  lighted  or unlighted, is prohibited except
on:
         1.  Second division vehicles designed and  used  for
    towing  or  hoisting  vehicles;  furthermore, such lights
    shall not be lighted except as required in this paragraph
    1; such lights shall be lighted when  such  vehicles  are
    actually  being  used   at  the  scene  of an accident or
    disablement and while such vehicles are engaged in towing
    on a highway;
         2.  Motor vehicles or  equipment  of  the  State  of
    Illinois, local authorities and contractors; furthermore,
    such  lights  shall  not  be  lighted  except  while such
    vehicles  are  engaged  in  maintenance  or  construction
    operations within the limits of construction projects;
         3.  Vehicles or equipment  used  by  engineering  or
    survey  crews;  furthermore,  such  lights  shall  not be
    lighted except while such vehicles are  actually  engaged
    in work on a highway;
         4.  Vehicles of public utilities, municipalities, or
    other  construction,  maintenance  or  automotive service
    vehicles except that such lights shall be lighted only as
    a means  for  indicating  the  presence  of  a  vehicular
    traffic  hazard  requiring  unusual  care in approaching,
    overtaking or passing while such vehicles are engaged  in
    maintenance, service or construction on a highway;
         5.  Oversized  vehicle or load; however, such lights
    shall only be lighted when moving under permit issued  by
    the Department under Section 15-301 of this Code;
         6.  The  front and rear of motorized equipment owned
    and operated by the State of Illinois  or  any  political
    subdivision  thereof,  which  is  designed  and  used for
    removal of snow and ice from highways;
         7.  Fleet  safety  vehicles  registered  in  another
    state, furthermore, such  lights  shall  not  be  lighted
    except as provided for in Section 12-212 of this Code;
         8.  Such  other  vehicles  as  may  be authorized by
    local authorities;
         9.  Law  enforcement  vehicles  of  State  or  local
    authorities   when   used   in   combination   with   red
    oscillating, rotating or flashing lights;
         10.  Vehicles used for collecting or delivering mail
    for the United States Postal Service provided  that  such
    lights shall not be lighted except when such vehicles are
    actually being used for such purposes;
         11.  Any  vehicle  displaying  a slow-moving vehicle
    emblem as provided in Section 12-205.1;
         12.  All trucks  equipped  with  self-compactors  or
    roll-off  hoists  and  roll-on  containers for garbage or
    refuse hauling.  Such lights shall not be lighted  except
    when  such  vehicles  are  actually  being  used for such
    purposes;
         13.  Vehicles used  by  a  security  company,  alarm
    responder,  or  control  agency, if the security company,
    alarm responder, or control agency is bound by a contract
    with a federal, State, or local government entity to  use
    the lights; and
         14.  Security  vehicles  of the Department of Mental
    Health  and  Developmental  Disabilities;  however,   the
    lights  shall  not  be lighted except when being used for
    security related purposes  under  the  direction  of  the
    superintendent  of  the  facility  where  the  vehicle is
    located.
    (c)  The use of blue oscillating,  rotating  or  flashing
lights, whether lighted or unlighted is prohibited except:
         1.  On vehicles owned or fully operated by a:
              voluntary firefighter;
              paid firefighter;
              part-paid firefighter;
              call firefighter;
              member  of  the  board  of  trustees  of a fire
         protection district;
              paid or unpaid member of a rescue squad;
              paid or unpaid member of a voluntary  ambulance
         unit;
              rescue  squad  vehicles  not  owned  by  a fire
         department.
         However, such lights are not to  be  lighted  except
    when responding to a bona fide emergency.
         2.  Police  department  vehicles  in cities having a
    population of 500,000 or more inhabitants.
         3.  Law  enforcement  vehicles  of  State  or  local
    authorities   when   used   in   combination   with   red
    oscillating, rotating or flashing lights.
         4.  Vehicles of local fire departments and State  or
    federal  firefighting  vehicles  when used in combination
    with red oscillating, rotating or flashing lights.
         5.  Vehicles which are designed and used exclusively
    as ambulances or rescue vehicles when used in combination
    with  red  oscillating,  rotating  or  flashing   lights;
    furthermore, such lights shall not be lighted except when
    responding to an emergency call.
    (d)  The   use  of  a  combination  of  amber  and  white
oscillating, rotating or flashing lights, whether lighted  or
unlighted,  is prohibited, except motor vehicles or equipment
of the State of Illinois, local authorities  and  contractors
may  be  so  equipped;  furthermore, such lights shall not be
lighted except while such vehicles  are  engaged  in  highway
maintenance  or  construction operations within the limits of
highway construction projects.
    (e)  All  oscillating,  rotating   or   flashing   lights
referred to in this Section shall be of sufficient intensity,
when  illuminated,  to  be  visible  at  500  feet  in normal
sunlight.
    (f)  Nothing   in   this   Section   shall   prohibit   a
manufacturer of oscillating, rotating or flashing  lights  or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
    (g)  Any  person  violating the provisions of subsections
(a), (b), (c) or (d)  of  this  Section  who  without  lawful
authority  stops  or  detains  or  attempts to stop or detain
another person shall be guilty of a Class 4 felony.
    (h)  Except as provided  in  subsection  (g)  above,  any
person  violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 88-58; 88-341; 88-670,  eff.  12-2-94;  89-433,
eff. 12-15-95.)

    (Text of Section after amendment by P.A. 89-507)
    Sec. 12-215.  Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
    (a)  The  use  of  red  or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is  prohibited
except on:
         1.  Law  enforcement  vehicles  of State, Federal or
    local authorities;
         2.  A vehicle operated by a police officer or county
    coroner   and   designated   or   authorized   by   local
    authorities, in writing, as a  law  enforcement  vehicle;
    however,   such  designation  or  authorization  must  be
    carried in the vehicle;
         3.  Vehicles of local fire departments and State  or
    federal firefighting vehicles;
         4.  Vehicles which are designed and used exclusively
    as  ambulances  or  rescue  vehicles;  furthermore,  such
    lights  shall not be lighted except when responding to an
    emergency call for and while actually conveying the  sick
    or injured; and
         5.  Tow  trucks  licensed  in  a state that requires
    such  lights;  furthermore,  such  lights  shall  not  be
    lighted on any such tow truck  while  the  tow  truck  is
    operating in the State of Illinois.
    (b)  The  use  of amber oscillating, rotating or flashing
lights, whether lighted or unlighted,  is  prohibited  except
on:
         1.  Second  division  vehicles designed and used for
    towing or hoisting  vehicles;  furthermore,  such  lights
    shall not be lighted except as required in this paragraph
    1;  such  lights  shall be lighted when such vehicles are
    actually being used  at  the  scene  of  an  accident  or
    disablement and while such vehicles are engaged in towing
    on a highway;
         2.  Motor  vehicles  or  equipment  of  the State of
    Illinois, local authorities and contractors; furthermore,
    such lights  shall  not  be  lighted  except  while  such
    vehicles  are  engaged  in  maintenance  or  construction
    operations within the limits of construction projects;
         3.  Vehicles  or  equipment  used  by engineering or
    survey crews;  furthermore,  such  lights  shall  not  be
    lighted  except  while such vehicles are actually engaged
    in work on a highway;
         4.  Vehicles of public utilities, municipalities, or
    other construction,  maintenance  or  automotive  service
    vehicles except that such lights shall be lighted only as
    a  means  for  indicating  the  presence  of  a vehicular
    traffic hazard requiring  unusual  care  in  approaching,
    overtaking  or passing while such vehicles are engaged in
    maintenance, service or construction on a highway;
         5.  Oversized vehicle or load; however, such  lights
    shall  only be lighted when moving under permit issued by
    the Department under Section 15-301 of this Code;
         6.  The front and rear of motorized equipment  owned
    and  operated  by  the State of Illinois or any political
    subdivision thereof,  which  is  designed  and  used  for
    removal of snow and ice from highways;
         7.  Fleet  safety  vehicles  registered  in  another
    state,  furthermore,  such  lights  shall  not be lighted
    except as provided for in Section 12-212 of this Code;
         8.  Such other vehicles  as  may  be  authorized  by
    local authorities;
         9.  Law  enforcement  vehicles  of  State  or  local
    authorities   when   used   in   combination   with   red
    oscillating, rotating or flashing lights;
         10.  Vehicles used for collecting or delivering mail
    for  the  United States Postal Service provided that such
    lights shall not be lighted except when such vehicles are
    actually being used for such purposes;
         11.  Any vehicle displaying  a  slow-moving  vehicle
    emblem as provided in Section 12-205.1;
         12.  All  trucks  equipped  with  self-compactors or
    roll-off hoists and roll-on  containers  for  garbage  or
    refuse  hauling.  Such lights shall not be lighted except
    when such vehicles  are  actually  being  used  for  such
    purposes;
         13.  Vehicles  used  by  a  security  company, alarm
    responder, or control agency, if  the  security  company,
    alarm responder, or control agency is bound by a contract
    with  a federal, State, or local government entity to use
    the lights; and
         14.  Security vehicles of the  Department  of  Human
    Services; however, the lights shall not be lighted except
    when  being  used for security related purposes under the
    direction of the superintendent of the facility where the
    vehicle is located.
    (c)  The use of blue oscillating,  rotating  or  flashing
lights, whether lighted or unlighted is prohibited except:
         1.  On vehicles owned or fully operated by a:
              voluntary firefighter;
              paid firefighter;
              part-paid firefighter;
              call firefighter;
              member  of  the  board  of  trustees  of a fire
         protection district;
              paid or unpaid member of a rescue squad;
              paid or unpaid member of a voluntary  ambulance
         unit;
              rescue  squad  vehicles  not  owned  by  a fire
         department.
         However, such lights are not to  be  lighted  except
    when responding to a bona fide emergency.
         2.  Police  department  vehicles  in cities having a
    population of 500,000 or more inhabitants.
         3.  Law  enforcement  vehicles  of  State  or  local
    authorities   when   used   in   combination   with   red
    oscillating, rotating or flashing lights.
         4.  Vehicles of local fire departments and State  or
    federal  firefighting  vehicles  when used in combination
    with red oscillating, rotating or flashing lights.
         5.  Vehicles which are designed and used exclusively
    as ambulances or rescue vehicles when used in combination
    with  red  oscillating,  rotating  or  flashing   lights;
    furthermore, such lights shall not be lighted except when
    responding to an emergency call.
         6.  Vehicles  that are equipped and used exclusively
    as organ transport vehicles when used in combination with
    red   oscillating,   rotating,   or   flashing    lights;
    furthermore,  these lights shall only be lighted when the
    transportation is declared an emergency by  a  member  of
    the  transplant  team  or  a  representative of the organ
    procurement organization.
    (d)  The  use  of  a  combination  of  amber  and   white
oscillating,  rotating or flashing lights, whether lighted or
unlighted, is prohibited, except motor vehicles or  equipment
of  the  State of Illinois, local authorities and contractors
may be so equipped; furthermore, such  lights  shall  not  be
lighted  except  while  such  vehicles are engaged in highway
maintenance or construction operations within the  limits  of
highway construction projects.
    (e)  All   oscillating,   rotating   or  flashing  lights
referred to in this Section shall be of sufficient intensity,
when illuminated,  to  be  visible  at  500  feet  in  normal
sunlight.
    (f)  Nothing   in   this   Section   shall   prohibit   a
manufacturer  of  oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
    (g)  Any person violating the provisions  of  subsections
(a),  (b),  (c)  or  (d)  of  this Section who without lawful
authority stops or detains or  attempts  to  stop  or  detain
another person shall be guilty of a Class 4 felony.
    (h)  Except  as  provided  in  subsection  (g) above, any
person violating the provisions of subsections (a) or (c)  of
this Section shall be guilty of a Class A misdemeanor.
(Source:  P.A.  88-58;  88-341; 88-670, eff. 12-2-94; 89-433,
eff. 12-15-95; 89-507, eff. 7-1-97.)

    (625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
    (Text of Section before amendment by P.A. 89-687)
    Sec. 12-601.  Horns and warning devices.
    (a)  Every motor vehicle when  operated  upon  a  highway
shall  be  equipped  with  a  horn  in good working order and
capable of emitting sound  audible  under  normal  conditions
from  a  distance  of  not less than 200 feet, but no horn or
other warning device shall emit an unreasonable loud or harsh
sound or a whistle.  The driver of a motor vehicle shall when
reasonably necessary to insure safe  operation  give  audible
warning  with  his horn but shall not otherwise use such horn
when upon a highway.
    (b)  No vehicle shall be  equipped  with  nor  shall  any
person use upon a vehicle any siren, whistle, or bell, except
as  otherwise  permitted  in  this  section.   Any authorized
emergency vehicle as defined in Chapter 1 of this Act may  be
equipped  with a siren, whistle, or bell, capable of emitting
sound audible under normal conditions from a distance of  not
less  than  500  feet, but such siren, whistle or bell, shall
not be used except when such vehicle is operated in  response
to  an  emergency  call  or  in  the immediate pursuant of an
actual or suspected violator of the law in  either  of  which
events  the  driver  of  such vehicle shall sound such siren,
whistle or bell, when necessary to warn pedestrians and other
drivers of the approach thereof.
    (c)  Trackless trolley coaches,  as  defined  by  Section
1-206  of  this Code, may be equipped with a bell or bells in
lieu of a horn, and may, in addition to the  requirements  of
paragraph  (a)  of  this Section, use a bell or bells for the
purpose of indicating  arrival  or  departure  at  designated
stops during the hours of scheduled operation.
(Source: P.A. 89-345, eff. 1-1-96.)

    (Text of Section after amendment by P.A. 89-687)
    Sec. 12-601.  Horns and warning devices.
    (a)  Every  motor  vehicle  when  operated upon a highway
shall be equipped with a  horn  in  good  working  order  and
capable  of  emitting  sound  audible under normal conditions
from a distance of not less than 200 feet,  but  no  horn  or
other warning device shall emit an unreasonable loud or harsh
sound or a whistle.  The driver of a motor vehicle shall when
reasonably  necessary  to  insure safe operation give audible
warning with his horn but shall not otherwise use  such  horn
when upon a highway.
    (b)  No  vehicle  shall  be  equipped  with nor shall any
person use upon a vehicle any siren, whistle, or bell, except
as otherwise permitted  in  this  section.    Any  authorized
emergency  vehicle  or  organ transport vehicle as defined in
Chapter 1 of this Act may be equipped with a siren,  whistle,
or  bell,  capable  of  emitting  sound  audible under normal
conditions from a distance of not less  than  500  feet,  but
such  siren,  whistle  or bell, shall not be used except when
such vehicle is operated in response to an emergency call  or
in  the immediate pursuant of an actual or suspected violator
of the law in either of  which  events  the  driver  of  such
vehicle  shall  sound  such  siren,  whistle  or  bell,  when
necessary  to  warn  pedestrians  and  other  drivers  of the
approach thereof.
    (c)  Trackless trolley coaches,  as  defined  by  Section
1-206  of  this  Code,  and  replica  trolleys, as defined by
Section 1-171.04 of this Code, may be equipped with a bell or
bells in lieu  of  a  horn,  and  may,  in  addition  to  the
requirements  of paragraph (a) of this Section, use a bell or
bells for the purpose of indicating arrival or  departure  at
designated stops during the hours of scheduled operation.
(Source: P.A. 89-345, eff. 1-1-96; 89-687, eff. 6-1-97.)

    Section  95.   No  acceleration or delay.  Where this Act
makes 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.

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