96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3721


 
Introduced 2/25/2009, by Rep. Renée Kosel
 
SYNOPSIS AS INTRODUCED:
 		








  




625 ILCS 5/12-602.1





625 ILCS 5/11-505 rep.









    Amends the Illinois Vehicle Code. Provides that the Department of Transportation may erect and maintain  signs prohibiting excessive engine braking noise on interstate highways when multiple residences are immediately adjacent to the highway at a density of 2 per acre or more. Merges a provision of the Illinois Vehicle Code prohibiting a person from operating any motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other
such noise from the vehicle's tires due to rapid acceleration or excessive
speed around corners or other such reason into another provision of the Illinois Vehicle Code prohibiting the driver of a commercial vehicle from operating or actuating any engine braking system that emits excessive noise.
















LRB096 11432 AJT 21905 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3721

LRB096 11432 AJT 21905 b






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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 12-602.1 as follows:



 
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    (625 ILCS 5/12-602.1)

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    Sec. 12-602.1. Excessive engine braking and tire noise; 
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signs.
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    (a) A county or municipality may post signs that prohibit 
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the driver of a commercial vehicle, as defined in Section 
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1-111.8 of this Code, from operating or actuating any engine 
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braking system that emits excessive noise.
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    (b) The sign in subsection (a) shall state, "EXCESSIVE 
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ENGINE BRAKING NOISE PROHIBITED". The Department of 
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Transportation shall adopt rules providing for the
erection and 
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placement of these signs. The Department may erect and maintain 
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these signs on interstate highways when multiple residences are 
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immediately adjacent to the highway at a density of 2 per acre 
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or more. 
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    (b-5) No person shall operate any motor vehicle in such a

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manner as to cause or allow to be emitted squealing, 
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screeching, or other
such noise from the vehicle's tires due to 
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rapid acceleration or excessive
speed around corners or other 
 


 






HB3721
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LRB096 11432 AJT 21905 b




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such reason. 
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    (c) Subsection (a) This Section does not apply to  the use 
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of an engine braking system that has an adequate sound muffling 
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system in proper working order that prevents excessive noise.
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    (c-5) Subsection (b-5) shall not apply to the following 
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conditions: 
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        (1) an authorized emergency vehicle, when responding 
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    to an emergency
call or when in the pursuit of an actual or 
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    suspected violator; 
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        (2) the emergency operation of a motor vehicle when 
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    avoiding imminent
danger; or 
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        (3) any raceway, racing facility or other public event, 
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    not part of a
highway, sanctioned by the appropriate 
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    governmental authority. 
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    (d) It is a defense to subsection (a) this Section that the 
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driver used an engine braking system that emits excessive noise 
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in an emergency to avoid a collision with a person or another 
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vehicle on the highway.
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    (e) A violation of this Section is an equipment violation 
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punishable by a fine of $75.


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(Source: P.A. 94-756, eff. 1-1-07.)

 

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    (625 ILCS 5/11-505 rep.)


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    Section 10. The Illinois Vehicle Code is amended  by 
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repealing Section 11-505.