Public Act 102-0842
 
SB3495 EnrolledLRB102 23834 RAM 33026 b


  
    AN ACT concerning transportation.
  
 
    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 
changing Sections 12-215 and 12-601.1 as follows:
 


    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)


    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;

        2.1.  A vehicle operated by a fire chief, deputy fire 
    chief, or assistant fire chief who has completed an 
    emergency vehicle operation training course approved by 
    the Office of the State Fire Marshal and designated or 
    authorized by local authorities, fire departments, or fire 
    protection districts, in writing, as a fire department, 
    fire protection district, or township fire department 
    vehicle; however, the designation or authorization must
be 
    carried in the vehicle, and the lights may be visible or 
    activated only when responding to a bona fide emergency;

        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;

        4.5. Vehicles which are occasionally used as rescue 
    vehicles that have been authorized for use as rescue 
    vehicles by a volunteer EMS provider, provided that the 
    operator of the vehicle has successfully completed an 
    emergency vehicle operation training course recognized by 
    the Department of Public Health; furthermore, the lights 
    shall not be lighted except when responding to an 
    emergency call for the sick or injured; 
        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;

        6. Vehicles of the Illinois Emergency Management 
    Agency, vehicles of the Office of the Illinois State Fire 
    Marshal, vehicles of the Illinois Department of Public 
    Health, vehicles of
the
Illinois Department of 
    Corrections, and vehicles of the Illinois Department of 
    Juvenile Justice;

        7. Vehicles operated by a local or county emergency 
    management
services agency as defined in the Illinois 
    Emergency
Management Agency Act;

        8. School buses operating alternately flashing head 
    lamps as permitted
under Section 12-805 of this Code;

        9. Vehicles that are equipped and used exclusively as 
    organ transplant
vehicles when used in combination with 
    blue oscillating, rotating, or flashing
lights; 
    furthermore, these lights shall be lighted only when the 
    transportation
is declared an emergency by a member of the 
    transplant team or a representative
of the organ 
    procurement organization; 
        10. Vehicles of the Illinois Department of Natural 
    Resources that are used for mine rescue and explosives 
    emergency response;
        11. Vehicles of the Illinois Department of 
    Transportation identified as Emergency Traffic Patrol; the 
    lights shall not be lighted except when responding to an 
    emergency call or when parked or stationary while engaged 
    in motor vehicle assistance or at the scene of the 
    emergency; and
        12.   Vehicles of the Illinois State Toll Highway
    
    Authority with a gross vehicle weight rating of 9,000 
    pounds or more and those identified as Highway Emergency 
    Lane Patrol; the lights shall not be lighted except when 
    responding to an emergency call or when parked or 
    stationary while engaged in motor vehicle assistance or at 
    the scene of the emergency. 
    (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; if the towing vehicle is equipped with a flat 
    bed that
supports all wheels of the vehicle being 
    transported, the lights shall not be
lighted while the 
    vehicle is engaged in towing on a highway; if the towing

    vehicle is not equipped with a flat bed that supports all 
    wheels of a vehicle
being transported, the lights shall be 
    lighted while the
towing
vehicle is engaged in towing on a 
    highway during all
times when the use
of headlights is 
    required under Section 12-201 of this Code; in addition, 
    these vehicles may use white oscillating, rotating, or 
    flashing lights in combination with amber oscillating, 
    rotating, or flashing lights as provided in this 
    paragraph;

        2. Motor vehicles or equipment of the State of 
    Illinois, the Illinois State Toll Highway Authority, 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;

        6.1. The front and rear of motorized equipment or 
    vehicles that (i) are not owned by the State of Illinois or 
    any political subdivision of the State, (ii) are designed 
    and used for removal of snow and ice from highways and 
    parking lots, and (iii) are equipped with a snow plow that 
    is 12 feet in width; these lights may not be lighted except 
    when the motorized equipment or vehicle is actually being 
    used for those purposes on behalf of a unit of government;

        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;

        9.5. Propane delivery trucks;

        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;

        10.5. Vehicles of the Office of the Illinois State 
    Fire Marshal, provided that such lights shall not be 
    lighted except for when such vehicles are engaged in work 
    for the Office of the Illinois State Fire Marshal; 
        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, 
    recycling, 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, control
agency, or the Illinois Department of 
    Corrections;

        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; and

        15. Vehicles of union representatives, except that the 
    lights shall be
lighted only while the vehicle is within 
    the limits of a construction
project.

    (c) The use of blue oscillating, rotating or flashing 
lights, whether
lighted or unlighted, is prohibited except on:

        1. Rescue squad vehicles not owned by a fire 
    department or fire protection district and
vehicles owned 
    or 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; or

            paid or unpaid members of a local or county 
        emergency management
services agency as defined in the 
        Illinois Emergency Management Agency Act,
designated 
        or authorized by local authorities, in writing, and 
        carrying that
designation or authorization in the 
        vehicle.

        However, such lights are not to be lighted except when 
    responding to a
bona fide emergency or when parked or 
    stationary at the scene of a fire, rescue call, ambulance 
    call, or motor vehicle accident.

        Any person using these lights in accordance with this 
    subdivision (c)1 must carry on his or her person an 
    identification card or letter identifying the bona fide 
    member of a fire department, fire protection district, 
    rescue squad, ambulance unit, or emergency management 
    services agency that owns or operates that vehicle. The 
    card or letter must include:
            (A) the name of the fire department, fire 
        protection district, rescue squad, ambulance unit, or 
        emergency management services agency;
            (B) the member's position within the fire 
        department, fire protection district, rescue squad, 
        ambulance unit, or emergency management services 
        agency;
            (C) the member's term of service; and
            (D) the name of a person within the fire 
        department, fire protection district, rescue squad, 
        ambulance unit, or emergency management services 
        agency to contact to verify the information provided.

        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.

        7. Vehicles of the Illinois Emergency Management 
    Agency, vehicles of the Office of the Illinois State Fire 
    Marshal, vehicles of the Illinois Department of Public 
    Health, vehicles of
the
Illinois Department of 
    Corrections, and vehicles of the Illinois Department of 
    Juvenile Justice, when used in combination with red 
    oscillating,
rotating, or flashing lights.

        8. Vehicles operated by a local or county emergency 
    management
services agency as defined in the Illinois 
    Emergency Management Agency
Act, when used in combination 
    with red oscillating, rotating, or
flashing lights.

        9. Vehicles of the Illinois Department of Natural 
    Resources that are used for mine rescue and explosives 
    emergency response, when used in combination with red 
    oscillating,
rotating, or flashing lights. 
    (c-1) In addition to the blue oscillating, rotating, or 
flashing
lights permitted under subsection (c), and 
notwithstanding subsection
(a), a vehicle operated by a 
voluntary firefighter, a voluntary member
of a rescue squad, 
or a member of a voluntary ambulance unit may be
equipped with 
flashing white headlights and blue grill lights, which may
be 
used only in responding to an emergency call or when parked or 
stationary at the scene of a fire, rescue call, ambulance 
call, or motor vehicle accident.

    (c-2) In addition to the blue oscillating, rotating, or 
flashing
lights permitted under subsection (c), and 
notwithstanding subsection (a),
a vehicle operated by a paid 
or unpaid member of a local or county
emergency management 
services agency as defined in the Illinois Emergency

Management Agency Act, may be equipped with white oscillating, 
rotating,
or flashing lights to be used in combination with 
blue oscillating, rotating,
or flashing lights, if 
authorization by local authorities is in
writing and carried 
in the vehicle.

    (d) The use of a combination of amber and white 
oscillating, rotating or
flashing lights, whether lighted or 
unlighted, is prohibited except on second division vehicles 
designed and used for towing or hoisting
vehicles or motor

vehicles or equipment of the State of Illinois, local 
authorities, contractors,
and union representatives; 
furthermore, such lights shall
not be lighted on second 
division vehicles designed and used for towing or hoisting

vehicles or vehicles of the State of Illinois, local 
authorities, and
contractors except while such vehicles are 
engaged in a tow operation, highway maintenance, or

construction operations within the limits of highway 
construction projects, and
shall not be lighted on the 
vehicles of union representatives except when those
vehicles 
are within the limits of a construction project.

    (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 or authorized vendor from temporarily mounting

such lights on a vehicle for demonstration purposes only. If 
the lights are not covered while the vehicle is operated upon a 
highway, the vehicle shall display signage indicating that the 
vehicle is out of service or not an emergency vehicle. The 
signage shall be displayed on all sides of the vehicle in 
letters at least 2 inches tall and one-half inch wide. A 
vehicle authorized to have oscillating,
rotating, or flashing 
lights mounted for demonstration purposes may not activate the 
lights while the vehicle is operated upon a highway. 

    (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 2 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. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20.)

 



    (625 ILCS 5/12-601.1)



    Sec. 12-601.1. Traffic control signal preemption devices. 

    (a) As used in this Section, "traffic control signal 
preemption device"
means any
device,
either mechanical or 
electrical, that emits a pulse of light or other signal
that, 
when
received by a detector attached to a traffic control 
signal, changes that
traffic control signal to a green
light 
or, if the traffic control signal is already green, extends 
the duration
of the green
light.

    (b) Except as provided in subsection (d), a traffic 
control signal
preemption
device may not be installed on a 
motor vehicle, may not be transported in the
passenger 
compartment of a motor vehicle, and may not be operated by the

driver or passenger of a motor vehicle.

    Violation of this subsection (b) is a Class A misdemeanor, 
punishable by
a fine of $1,000 in addition to any other penalty 
that may be imposed.

    (c) A retailer or manufacturer may not sell a traffic 
control signal
preemption device to any person or entity for 
any intended use other than
operation as permitted under 
subsection (d).

    Violation of this subsection (c) is a Class A misdemeanor, 
punishable by a
fine of $5,000 for each sale of each device, in 
addition to any other penalty
that may be imposed.

    (d) Installation of a traffic control signal preemption 
device is permitted
on the
following vehicles, and operation 
of the device is permitted as follows:


        (1) Police department vehicles, when responding to a 
    bona fide
emergency, when used in combination with red or 
    blue oscillating, rotating,
or
flashing lights.


        (2) Law enforcement vehicles of State or local 
    authorities, when
responding to a bona fide emergency, 
    when used in combination with red
oscillating, rotating, 
    or flashing lights.


        (3) Vehicles of local fire departments, fire 
    protection districts, and State or federal firefighting

    vehicles, when responding to a bona fide emergency, when 
    used in combination
with red oscillating, rotating, or 
    flashing lights.


        (4) Vehicles that are designed and used exclusively as 
    ambulances or
rescue vehicles, when responding to a bona 
    fide emergency, when used in
combination with red 
    oscillating, rotating, or flashing lights.


        (5) Vehicles that are equipped and used exclusively as 
    organ transport
vehicles, when the transportation is 
    declared an emergency by a member of the
transplant team 
    or a representative of the organ procurement organization,

    when used in combination with red oscillating, rotating, 
    or flashing lights.


        (6) Vehicles of the Illinois Emergency Management 
    Agency and vehicles
of the Department of Nuclear Safety, 
    when responding to a bona fide
emergency,
when used in 
    combination with red oscillating, rotating, or flashing 
    lights.


        (7) Commuter buses owned by any political
subdivision 
    of this State, operated either by the political 
    subdivision or its
lessee
or agent, and offering 
    short-haul for-hire regularly scheduled passenger

    transportation service, over regular routes with fixed 
    schedules, within
metropolitan and suburban areas, when 
    used to extend the duration of an already
green light to 
    meet schedules.


        (8) Vehicles used for snow removal owned by any 
    political subdivision of
this State, operated either by 
    the political subdivision or its lessee or
agent, when 
    used during a snow emergency in combination with yellow or

    amber oscillating, rotating, or flashing lights, when used 
    to extend the
duration of an already green light.

    (e) This Section does not prohibit use by motorcycles of 
electronic or
magnetic safety devices designed to allow 
traffic control signal systems to
recognize or detect 
motorcycles.

(Source: P.A. 93-80, eff. 7-2-03.)