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Public Act 098-0468 |
HB3054 Enrolled | LRB098 09862 MLW 40020 b |
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AN ACT concerning transportation.
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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 1-105 and 12-215 and by adding Section 12-215.1 as |
follows:
|
(625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
|
Sec. 1-105. Authorized emergency vehicle. Emergency |
vehicles of municipal departments or public service
|
corporations as are designated or authorized by proper local |
authorities;
police vehicles; vehicles of the fire department; |
vehicles of a HazMat or technical rescue team authorized by a |
county board under Section 5-1127 of the Counties Code; |
ambulances;
vehicles of the Illinois Department of |
Corrections; vehicles of the Illinois Department of Juvenile |
Justice; vehicles of the Illinois Emergency Management Agency; |
vehicles of the Office of the Illinois State Fire Marshal; mine |
rescue and explosives emergency response vehicles of the |
Department of Natural Resources; vehicles of the Illinois |
Department of Public Health; and vehicles of a municipal or |
county emergency services and disaster agency, as defined by |
the Illinois Emergency Management Agency Act.
|
(Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11; |
|
96-1190, eff. 7-22-10; 97-149, eff. 7-14-11; 97-333, eff. |
7-12-11.)
|
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
|
(Text of Section before amendment by P.A. 97-1173 )
|
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 Illinois
Department of |
Corrections, and vehicles of the Illinois Department of |
Juvenile Justice 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 , 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 |
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
Illinois Department of |
Corrections, and vehicles of the Illinois Department of |
Juvenile Justice 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 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 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; 97-813, eff. |
7-13-12.)
|
(Text of Section after amendment by P.A. 97-1173 )
|
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
Illinois Department of |
Corrections, and vehicles of the Illinois Department of |
Juvenile Justice 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 , 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 |
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
Illinois Department of |
Corrections, and vehicles of the Illinois Department of |
Juvenile Justice 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; 97-813, eff. 7-13-12; |
97-1173, eff. 1-1-14.)
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(625 ILCS 5/12-215.1 new) |
Sec. 12-215.1. Possession of oscillating, rotating, or |
flashing lights in motor vehicles; police equipment, markings, |
and other indicia of emergency vehicle authority. |
(a) A person, except those given exceptions in Section |
12-215 or 12-609 of this Code, may not possess or be in actual |
physical control of oscillating, rotating, or flashing lights |
or other indicia of emergency vehicle authority within any |
portion of a motor vehicle, including but not limited to |
wig-wags, red and blue LEDs, sirens, mounted or affixed devices |
or other equipment, markings or indicia of emergency vehicle |
authority. |
(b) A person found guilty of violating this Section is |
guilty of a Class A misdemeanor. |
(c) Oscillating, rotating, or flashing lights and any other |
equipment, markings, or indicia of emergency vehicle authority |
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shall be seized by the law enforcement officer at the time of a |
violation of this Section or of Section 12-215 or 12-609 of |
this Code upon any legal search. The officer may seize the |
vehicle containing the prohibited device or mechanism, and this |
device or mechanism shall be removed and held for evidentiary |
purposes. When the device or mechanism is no longer needed for |
evidence, the defendant may petition the court for the return |
of the device or mechanism. The defendant must prove to the |
court by a preponderance of the evidence that the device or |
mechanism will be used for a legitimate and lawful purpose.
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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. |
Section 99. Effective date. This Act takes effect upon |
becoming law. |