HB2402ham002 100TH GENERAL ASSEMBLY

Rep. Christian L. Mitchell

Filed: 4/26/2017

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AMENDMENT TO HOUSE BILL 2402

AMENDMENT NO. ______. Amend House Bill 2402, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 11-1421 and 12-602 as follows:

(625 ILCS 5/11-1421) (from Ch. 95 1/2, par. 11-1421)

Sec. 11-1421. Conditions for operating ambulances and rescue vehicles.

(a) No person shall operate an ambulance or rescue vehicle in a manner not conforming to the motor vehicle laws and regulations of this State or of any political subdivision of this State as such laws and regulations apply to motor vehicles in general, unless in compliance with the following conditions:

1. The person operating the ambulance shall be either responding to a bona fide emergency call or specifically directed by a licensed physician to disregard traffic laws in operating the ambulance during and for the purpose of the specific trip or journey that is involved;

2. The ambulance or rescue vehicle shall be equipped with a siren producing an audible signal of an intensity of 100 decibels at a distance of 50 feet from the siren; except that, beginning July 1, 2018, in a municipality with 1,000,000 or more inhabitants, an ambulance or rescue vehicle owned by the municipality's fire department shall be equipped with a siren producing an audible signal of an intensity of at least 100 decibels, but not to exceed 101 decibels at a distance of 50 feet from the siren. The ambulance or rescue vehicle shall also be equipped , and with a lamp or lamps emitting an oscillating, rotating or flashing red beam directed in part toward the front of the vehicle, and these lamps shall have sufficient intensity to be visible at 500 feet in normal sunlight, and in addition to other lighting requirements, excluding those vehicles operated in counties with a population in excess of 2,000,000, may also operate with a lamp or lamps emitting an oscillating, rotating, or flashing green light;

3. The aforesaid siren and lamp or lamps shall be in operation at all times when it is reasonably necessary to warn pedestrians and other drivers of the approach thereof during such trip or journey;

4. Whenever the ambulance or rescue vehicle is operated at a speed in excess of 40 miles per hour, the ambulance or rescue vehicle shall be operated in complete conformance with every other motor vehicle law and regulation of this State and of the political subdivision in which the ambulance or rescue vehicle is operated, relating to the operation of motor vehicles, as such provision applies to motor vehicles in general, except laws and regulations pertaining to compliance with official traffic-control devices or to vehicular operation upon the right half of the roadway; and

5. The ambulance shall display registration plates identifying the vehicle as an ambulance.

(b) The foregoing provisions do not relieve the driver of an ambulance or rescue vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences resulting from the reckless disregard for the safety of others.

(Source: P.A. 88-517.)

(625 ILCS 5/12-602) (from Ch. 95 1/2, par. 12-602)

Sec. 12-602. Mufflers, prevention of noise.

(a) Every motor vehicle driven or operated upon the highways of this State shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this Section.

(b) In a municipality with 1,000,000 or more inhabitants, no person shall drive or operate a motor vehicle of the first division or a motor vehicle of the second division weighing no more than 10,000 pounds with a noise level intensity at a distance of 50 feet from the centerline of the lane of travel that exceeds:

(1) 76 decibels on a highway with a speed limit of 35 miles per hour or less;

(2) 78 decibels when driving or operating the motor vehicle on a grade exceeding 3% on a highway with a speed limit of 35 miles per hour or less; or

(3) 82 decibels on a highway with a speed limit of more than 35 miles per hour.

(c) In a municipality with 1,000,000 or more inhabitants and except as otherwise provided in this Section, no person shall drive or operate a motor vehicle with a noise level intensity at a distance of 50 feet from the centerline of the lane of travel that exceeds:

(1) 86 decibels on a highway with a speed limit of 35 miles per hour or less;

(2) 88 decibels when driving or operating the motor vehicle on a grade exceeding 3% on a highway with a speed limit of 35 miles per hour or less; or

(3) 90 decibels on a highway with a speed limit of more than 35 miles per hour.

(d) A violation of subsections (b) or (c) of this Section shall be punishable by a maximum fine of $75 for a first offense, a maximum fine of $150 for a second offense, and impoundment of the motor vehicle for a third or subsequent offense.

(Source: P.A. 77-37.)".