Public Act 93-0344
HB3063 Enrolled LRB093 09094 DRH 09326 b
AN ACT in relation to vehicles.
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 Section 12-301 as follows:
(625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
Sec. 12-301. Brakes.
(a) Brake equipment required.
1. Every motor vehicle, other than a motor-driven
cycle and an antique vehicle displaying an antique plate,
when operated upon a highway shall be equipped with
brakes adequate to control the movement of and to stop
and hold such vehicle, including 2 separate means of
applying the brakes, each of which means shall be
effective to apply the brakes to at least one wheel on a
motorcycle and at least 2 wheels on all other first
division and second division vehicles. If these 2
separate means of applying the brakes are connected in
any way, they shall be so constructed that failure of any
one part of the operating mechanism shall not leave the
motor vehicle without brakes.
2. Every motor-driven cycle when operated upon a
highway shall be equipped with at least one brake which
may be operated by hand or foot.
3. Every antique vehicle shall be equipped with the
brakes of the same type originally installed by the
manufacturer as original equipment and in working order.
4. Except as provided in paragraph 4.1, every
trailer or semitrailer of a gross weight of over 3,000
pounds, when operated upon a highway must be equipped
with brakes adequate to control the movement of, to stop
and to hold such vehicle, and designed so as to be
operable by the driver of the towing vehicle from its
cab. Such brakes must be so designed and connected that
in case of an accidental breakaway of a towed vehicle
over 5,000 pounds, the brakes are automatically applied.
4.1. Every boat trailer of a gross weight of over
3,000 pounds, when operated upon a highway, must be
equipped with brakes adequate to control the movement of,
to stop, and to hold that boat trailer. The brakes must
be designed to ensure that, in case of an accidental
breakaway of a towed boat trailer over 5,000 pounds, the
brakes are automatically applied.
5. Every motor vehicle, trailer, pole trailer or
semitrailer, sold in this State or operated upon the
highways shall be equipped with service brakes upon all
wheels of every such vehicle, except any motor-driven
cycle, and except that any trailer, pole trailer or
semitrailer 3,000 pounds gross weight or less need not be
equipped with brakes, and except that any trailer or
semitrailer with gross weight over 3,000 pounds but under
5,001 pounds need be equipped with brakes on only one
wheel on each side of the vehicle. Any motor vehicle and
truck tractor having 3 or more axles and manufactured
prior to July 25, 1980 need not have brakes on the front
wheels, except when such vehicles are equipped with at
least 2 steerable axles, the wheels of one such axle need
not be equipped with brakes. However, a vehicle that is
more than 30 years of age and which is driven on the
highways only in going to and returning from an antique
auto show or for servicing or for a demonstration need be
equipped with 2 wheel brakes only.
(b) Performance ability of brakes.
1. The service brakes upon any motor vehicle or
combination of vehicles operating on a level surface
shall be adequate to stop such vehicle or vehicles when
traveling 20 miles per hour within a distance of 30 feet
when upon dry asphalt or concrete pavement surface free
from loose material.
2. Under the above conditions the hand brake shall
be adequate to stop such vehicle or vehicles, except any
motorcycle, within a distance of 55 feet and the hand
brake shall be adequate to hold such vehicle or vehicles
stationary on any grade upon which operated.
3. Under the above conditions the service brakes
upon an antique vehicle shall be adequate to stop the
vehicle within a distance of 40 feet and the hand brake
adequate to stop the vehicle within a distance of 55
feet.
4. All braking distances specified in this Section
apply to all vehicles mentioned, whether such vehicles
are unloaded or are loaded to the maximum capacity
permitted under this Act.
5. All brakes shall be maintained in good working
order and shall be so adjusted as to operate as equally
as practicable with respect to the wheels on opposite
sides of the vehicle.
6. Brake assembly requirements for mobile homes
shall be the standards required by the United States
Department of Housing and Urban Development adopted under
Title VI of the Housing and Community Development Act of
1974.
(c) For purposes of this Section, a custom vehicle or
street rod is considered to be in compliance with all brake
equipment requirements if it has passed the approved vehicle
safety inspection provided for in Section 3-804.1 or 3-804.2.
(Source: P.A. 92-668, eff. 1-1-03.)