Public Act 098-0511
 
SB2356 EnrolledLRB098 10723 MLW 41052 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 1-187.001, 11-601, 11-601.5, 11-602, and 11-603 as 
follows:
 



    (625 ILCS 5/1-187.001)



    Sec. 1-187.001. Serious traffic violation. 

    (a) A conviction when operating a motor vehicle for:


        (1) a violation of subsection (a) of Section 11-402, 
    relating to a motor
vehicle
accident involving damage to a 
    vehicle;


        (2) a violation of Section 11-403, relating to failure 
    to stop and
exchange information after a motor vehicle 
    collision, property damage only;


        (3) a violation of subsection (a) of Section 11-502, 
    relating to illegal
transportation, possession, or 
    carrying of alcoholic liquor within the
passenger area of 
    any vehicle;


        (4) a violation of Section 6-101 relating to operating 
    a motor vehicle
without a
valid license or permit;


        (5) a violation of Section 11-403, relating to failure 
    to stop and
exchange information or give aid after a motor 
    vehicle collision involving
personal injury or death;


        (6) a violation relating to excessive speeding, 
    involving a single
speeding charge of 26 30 miles per hour 
    or more above the legal speed limit;


        (7) a violation relating to reckless driving;


        (8) a violation of subsection (d) of Section 11-707, 
    relating to passing
in a no-passing zone;


        (9) a violation of subsection (b) of Section 11-1402, 
    relating to
limitations on backing
upon a controlled access 
    highway;


        (10) a violation of subsection (b) of Section 11-707, 
    relating to driving
on the left
side of a roadway in a 
    no-passing zone;


        (11) a violation of subsection (e) of Section 11-1002, 
    relating to failure
to yield
the right-of-way to a 
    pedestrian at an intersection;


        (12) a violation of Section 11-1008, relating to 
    failure to yield to a
pedestrian on a sidewalk; or


        (13) a violation of Section 11-1201, relating to 
    failure to stop for an
approaching railroad train or 
    railroad track equipment or signals; or

    (b) Any other similar violation of a law or local ordinance 
of any state
relating to motor vehicle traffic control, other 
than a parking violation. 

    (c) A violation of any of these defined serious traffic 
offenses shall
not preclude the defendant from being eligible 
to receive an order of court
supervision under Section 5-6-1 of 
the Unified Code of Corrections.

(Source: P.A. 96-1244, eff. 1-1-11.)

 



    (625 ILCS 5/11-601)  (from Ch. 95 1/2, par. 11-601)



    Sec. 11-601. General speed restrictions. 

    (a) No vehicle may be driven upon any highway of this State 
at a speed
which is greater than is reasonable and proper with 
regard to traffic
conditions and the use of the highway, or 
endangers the safety of any
person or property.  The fact that 
the speed of a vehicle does not exceed
the applicable maximum 
speed limit does not relieve the driver from the
duty to 
decrease speed when approaching and crossing an intersection,

approaching and going around a curve, when approaching a hill 
crest, when
traveling upon any narrow or winding roadway, or 
when special hazard exists
with respect to pedestrians or other 
traffic or by reason of weather or
highway conditions.  Speed 
must be decreased as may be necessary to avoid
colliding with 
any person or vehicle on or entering the highway in
compliance 
with legal requirements and the duty of all persons to use due

care.

    (b) No person may drive a vehicle upon any highway of this 
State at a
speed which is greater than the applicable statutory 
maximum speed limit
established by paragraphs (c), (d), (e), 
(f) or (g) of this Section, by
Section 11-605 or by a 
regulation or ordinance made under this Chapter.

    (c) Unless some other speed restriction is established 
under this
Chapter, the maximum speed limit in an urban 
district for all vehicles is:


        1. 30 miles per hour; and


        2. 15 miles per hour in an alley.

    (d) Unless some other speed restriction is established 
under this Chapter,
the maximum speed limit outside an urban 
district for any vehicle is (1) 65 miles per hour (i) for
all 
highways under the jurisdiction of the Illinois State Toll

Highway Authority, unless some other speed limit is designated,   
and (ii) for all or part of highways that are designated by
the 
Department, have at least 4 lanes of traffic, and have a 
separation between
the roadways moving in opposite directions 
and (2) 55 miles per hour for all
other highways, roads, and 
streets.

    (d-1) Unless some other speed restriction is established 
under this Chapter,
the maximum speed limit outside an urban 
district for any vehicle is (1) 70 miles per hour on any 
interstate highway as defined by Section 1-133.1 of this Code; 
(2) 65 miles per hour for all or part of highways that are 
designated by the Department, have at least 4 lanes of traffic, 
and have a separation between the roadways moving in opposite 
directions; and (3) 55 miles per hour for all other highways, 
roads, and streets. The counties of Cook, DuPage, Kane, Lake, 
Madison, McHenry, St. Clair, and Will  may adopt ordinances 
setting a maximum speed limit on highways, roads, and streets 
that is lower than the limits established by this Section. 
    (e) In the counties of Cook, DuPage, Kane, Lake, McHenry, 
and Will, unless some lesser speed restriction is established 
under
this
Chapter, the maximum speed limit outside an urban 
district for a second
division vehicle designed or used for the 
carrying of a gross weight of
8,001 pounds or more (including 
the weight of the vehicle and
maximum load) is
55 miles per 
hour.

    (e-1) (Blank). 
    (f) Unless some other speed restriction is established 
under this Chapter,
the maximum speed limit outside an urban 
district for a bus is:


        1. 65 miles per hour upon any highway which has at 
    least 4 lanes of
traffic
and of which the roadways for 
    traffic moving in opposite directions are
separated by a 
    strip of ground which is not surfaced or suitable for 
    vehicular
traffic, except that the maximum speed limit for 
    a bus on all highways,
roads, or streets not under the 
    jurisdiction of the Department or the Illinois
State Toll 
    Highway Authority
is 55 miles per hour; and

        1.5. 70 miles per hour upon any interstate highway as 
    defined by Section 1-133.1 of this Code outside the 
    counties of Cook, DuPage, Kane, Lake, McHenry, and Will; 
    and

        2. 55 miles per hour on any other highway.

    (g) (Blank). 

(Source: P.A. 96-524, eff. 1-1-10; 97-202, eff. 1-1-12.)

 



    (625 ILCS 5/11-601.5)



    Sec. 11-601.5. Driving 26 31 miles per hour or more in 
excess of
applicable limit. 
    (a) A person who drives a vehicle upon any highway of
this 
State at a speed that is 26 31 miles per hour or more but less 
than 35 40 miles per hour in excess of
the applicable maximum 
speed limit established under this Chapter or a
local ordinance 
commits a Class B misdemeanor. 
    (b)  A person who drives a vehicle upon any highway of
this 
State at a speed that is 35 40 miles per hour or more in excess 
of
the applicable maximum speed limit established under this 
Chapter or a
local ordinance commits a Class A misdemeanor.

(Source: P.A. 96-1002, eff. 1-1-11; 96-1507, eff. 1-27-11.)

 
    (625 ILCS 5/11-602)  (from Ch. 95 1/2, par. 11-602)

    Sec. 11-602. Alteration of limits by Department.   Whenever 
the Department
determines,
upon the basis of an engineering and 
traffic investigation concerning any
highway for which the 
Department has maintenance responsibility, that a
maximum 
speed limit prescribed in Section 11-601 of this Chapter is 
greater
or less than is reasonable or safe with respect to the 
conditions found
to exist at any intersection or other place on 
such highway or along any
part or zone thereof, the Department 
shall determine and declare a reasonable
and safe absolute 
maximum speed limit applicable to such intersection or
place, 
or along such part or zone.  However, such limit shall conform 
with the maximum speed limit restrictions provided for in 
Section 11-601 of this Code not exceed
 65 miles per hour on a

highway or street which is especially
designed for
through 
traffic and to, from, or over which owners of or persons having

an interest in abutting property or other persons have no right 
or easement,
or only a limited right or easement, of access, 
crossing, light, air, or
view, and shall not exceed 55 miles 
per hour on any other highway. Where
a highway under the 
Department's jurisdiction
is contiguous to school property, 
the Department may, at the school district's
request, set a

reduced maximum speed limit for student safety purposes in the 
portion of the
highway that faces the school property and in 
the portions of the highway that
extend
one-quarter mile in 
each direction from the opposite ends of the school
property. A 
limit determined and
declared as provided in this Section 
becomes effective, and suspends the
applicability of the limit

prescribed
in Section 11-601 of this Chapter, when appropriate 
signs giving notice
of the limit are erected at such 
intersection or other
place, or along such part or zone of the 
highway.  Electronic
speed-detecting devices shall not be used 
within 500 feet beyond any such
sign in the direction of 
travel; if so used in violation hereof, evidence
obtained 
thereby shall be inadmissible in any prosecution for speeding.

However, nothing in this Section prohibits the use of such 
electronic
speed-detecting devices within 500 feet of a sign 
within a special
school speed zone indicating such zone, 
conforming to the requirements of
Section 11-605 of this Act, 
nor shall evidence obtained thereby be
inadmissible in any 
prosecution for speeding provided the use of such
device shall 
apply only to the enforcement of the speed limit in such

special school speed zone.


(Source: P.A. 96-524, eff. 1-1-10.)

 



    (625 ILCS 5/11-603)  (from Ch. 95 1/2, par. 11-603)



    Sec. 11-603. Alteration of limits by Toll Highway 
Authority. 
Whenever the Illinois State Toll Highway Authority

determines, upon the basis of an
engineering and traffic 
investigation concerning a toll highway under its

jurisdiction, that a maximum speed limit prescribed in Section 
11-601 of
this Chapter is greater or less than is reasonable or 
safe with respect to
conditions found to exist at any place or 
along any part or zone of such
highway, the Authority shall 
determine and declare by regulation a
reasonable and safe 
absolute maximum speed limit at such place or along
such part 
or zone, and the speed limit shall conform with the maximum 
speed limit restrictions provided for in Section 11-601 of this 
Code not exceeding 65 miles per hour.  A limit so determined
and 
declared becomes effective, and suspends the application of the 
limit
prescribed in Section 11-601 of this Chapter, when (a) 
the Department
concurs in writing with the Authority's 
regulation, and (b) appropriate
signs giving notice of the 
limit are erected at such place or along such
part or zone of 
the highway.  Electronic speed-detecting devices shall not
be 
used within 500 feet beyond any such sign in the direction of 
travel; if
so used in violation hereof, evidence obtained 
thereby shall be
inadmissible in any prosecution for speeding.  

(Source: P.A. 89-444, eff. 1-25-96.)