Public Act 097-1173
 
SB2979 EnrolledLRB097 16685 HLH 61857 b



    AN ACT concerning economic development.

 
    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 12-609 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 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, 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;


        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, and vehicles of
the
Department of Nuclear Safety;


        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; and 
        10. Vehicles of the Illinois Department of Natural 
    Resources that are used for mine rescue and explosives 
    emergency response. 
    (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;


        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;

        (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 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;


        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 
    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, and vehicles of
the
Department of Nuclear Safety, 
    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 motor
vehicles or equipment of 
the State of Illinois, local authorities, contractors,
and 
union representatives may be so equipped; furthermore, such 
lights shall
not be lighted on vehicles of the State of 
Illinois, local authorities, and
contractors except while such 
vehicles are engaged in 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. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10; 
97-39, eff. 1-1-12; 97-149, eff. 7-14-11; revised 9-15-11.)

 



    (625 ILCS 5/12-609)  (from Ch. 95 1/2, par. 12-609)



    Sec. 12-609. 
(a) No official or employee of the State, any

political subdivision thereof,
any county, municipality, or 
local authority,
and no
owner or employee of any new vehicle 
dealer, used vehicle dealer, or vehicle
auctioneer shall
sell, 
trade or otherwise dispose of any motor
vehicle bearing 
equipment, markings,  or other indicia of police
authority 
unless, prior to delivery of the vehicle, the equipment and

markings have been sufficiently altered or obliterated to 
remove the
appearance of such authority.

    (b) A person may not operate on the highways of this State 
a vehicle
bearing the equipment, markings, or other indicia of 
police authority, unless
the vehicle is an authorized emergency 
vehicle as defined in Section 1-105 of
this Code.

    (c) This Section does not apply to vehicles bearing indicia 
of police
authority that are antique vehicles, as defined in 
Section 1-102.1, and are
registered as antique vehicles, as 
provided in Section 3-804.

    (c-5) Nothing in this Section shall prohibit a manufacturer 
of authorized emergency vehicle equipment, markings, or other 
indicia, or the manufacturer's representative or authorized 
vendor, from temporarily mounting
the equipment, markings, or 
other indicia on a vehicle for demonstration purposes only. If 
the equipment, markings, or other indicia 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.
    (d) Any police officer is authorized to seize any vehicle 
that is in
violation of this Section and to impound that 
vehicle, at the owner's expense,
until any equipment, markings, 
or other indicia of police authority have been
sufficiently 
removed, altered, or obliterated to remove the appearance of

police
authority.

    (e) A person convicted of violating this Section is guilty 
of a petty
offense and subject to a fine of not less than $500 
and not more than $1,000.

(Source: P.A. 93-513, eff. 1-1-04.)