Rep. Silvana Tabares

Filed: 4/10/2013

 

 


 

 


 
09800HB3054ham004LRB098 09862 MLW 44174 a

1
AMENDMENT TO HOUSE BILL 3054

2    AMENDMENT NO. ______. Amend House Bill 3054 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-105 and 12-215 and by adding Section
612-215.1 as follows:
 
7    (625 ILCS 5/1-105)  (from Ch. 95 1/2, par. 1-105)
8    Sec. 1-105. Authorized emergency vehicle. Emergency
9vehicles of municipal departments or public service
10corporations as are designated or authorized by proper local
11authorities; police vehicles; vehicles of the fire department;
12vehicles of a HazMat or technical rescue team authorized by a
13county board under Section 5-1127 of the Counties Code;
14ambulances; vehicles of the Illinois Department of
15Corrections; vehicles of the Illinois Department of Juvenile
16Justice; vehicles of the Illinois Emergency Management Agency;

 

 

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1vehicles of the Office of the Illinois State Fire Marshal; mine
2rescue and explosives emergency response vehicles of the
3Department of Natural Resources; vehicles of the Illinois
4Department of Public Health; and vehicles of a municipal or
5county emergency services and disaster agency, as defined by
6the Illinois Emergency Management Agency Act.
7(Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11;
896-1190, eff. 7-22-10; 97-149, eff. 7-14-11; 97-333, eff.
97-12-11.)
 
10    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
11    (Text of Section before amendment by P.A. 97-1173)
12    Sec. 12-215. Oscillating, rotating or flashing lights on
13motor vehicles. Except as otherwise provided in this Code:
14    (a) The use of red or white oscillating, rotating or
15flashing lights, whether lighted or unlighted, is prohibited
16except on:
17        1. Law enforcement vehicles of State, Federal or local
18    authorities;
19        2. A vehicle operated by a police officer or county
20    coroner and designated or authorized by local authorities,
21    in writing, as a law enforcement vehicle; however, such
22    designation or authorization must be carried in the
23    vehicle;
24        2.1. A vehicle operated by a fire chief who has
25    completed an emergency vehicle operation training course

 

 

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1    approved by the Office of the State Fire Marshal and
2    designated or authorized by local authorities, in writing,
3    as a fire department, fire protection district, or township
4    fire department vehicle; however, the designation or
5    authorization must be carried in the vehicle, and the
6    lights may be visible or activated only when responding to
7    a bona fide emergency;
8        3. Vehicles of local fire departments and State or
9    federal firefighting vehicles;
10        4. Vehicles which are designed and used exclusively as
11    ambulances or rescue vehicles; furthermore, such lights
12    shall not be lighted except when responding to an emergency
13    call for and while actually conveying the sick or injured;
14        5. Tow trucks licensed in a state that requires such
15    lights; furthermore, such lights shall not be lighted on
16    any such tow truck while the tow truck is operating in the
17    State of Illinois;
18        6. Vehicles of the Illinois Emergency Management
19    Agency, vehicles of the Office of the Illinois State Fire
20    Marshal, vehicles of the Illinois Department of Public
21    Health, and vehicles of the Illinois Department of
22    Corrections, and vehicles of the Illinois Department of
23    Juvenile Justice Nuclear Safety;
24        7. Vehicles operated by a local or county emergency
25    management services agency as defined in the Illinois
26    Emergency Management Agency Act;

 

 

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1        8. School buses operating alternately flashing head
2    lamps as permitted under Section 12-805 of this Code;
3        9. Vehicles that are equipped and used exclusively as
4    organ transplant vehicles when used in combination with
5    blue oscillating, rotating, or flashing lights;
6    furthermore, these lights shall be lighted only when the
7    transportation is declared an emergency by a member of the
8    transplant team or a representative of the organ
9    procurement organization; and
10        10. Vehicles of the Illinois Department of Natural
11    Resources that are used for mine rescue and explosives
12    emergency response.
13    (b) The use of amber oscillating, rotating or flashing
14lights, whether lighted or unlighted, is prohibited except on:
15        1. Second division vehicles designed and used for
16    towing or hoisting vehicles; furthermore, such lights
17    shall not be lighted except as required in this paragraph
18    1; such lights shall be lighted when such vehicles are
19    actually being used at the scene of an accident or
20    disablement; if the towing vehicle is equipped with a flat
21    bed that supports all wheels of the vehicle being
22    transported, the lights shall not be lighted while the
23    vehicle is engaged in towing on a highway; if the towing
24    vehicle is not equipped with a flat bed that supports all
25    wheels of a vehicle being transported, the lights shall be
26    lighted while the towing vehicle is engaged in towing on a

 

 

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1    highway during all times when the use of headlights is
2    required under Section 12-201 of this Code;
3        2. Motor vehicles or equipment of the State of
4    Illinois, local authorities and contractors; furthermore,
5    such lights shall not be lighted except while such vehicles
6    are engaged in maintenance or construction operations
7    within the limits of construction projects;
8        3. Vehicles or equipment used by engineering or survey
9    crews; furthermore, such lights shall not be lighted except
10    while such vehicles are actually engaged in work on a
11    highway;
12        4. Vehicles of public utilities, municipalities, or
13    other construction, maintenance or automotive service
14    vehicles except that such lights shall be lighted only as a
15    means for indicating the presence of a vehicular traffic
16    hazard requiring unusual care in approaching, overtaking
17    or passing while such vehicles are engaged in maintenance,
18    service or construction on a highway;
19        5. Oversized vehicle or load; however, such lights
20    shall only be lighted when moving under permit issued by
21    the Department under Section 15-301 of this Code;
22        6. The front and rear of motorized equipment owned and
23    operated by the State of Illinois or any political
24    subdivision thereof, which is designed and used for removal
25    of snow and ice from highways;
26        (6.1) The front and rear of motorized equipment or

 

 

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1    vehicles that (i) are not owned by the State of Illinois or
2    any political subdivision of the State, (ii) are designed
3    and used for removal of snow and ice from highways and
4    parking lots, and (iii) are equipped with a snow plow that
5    is 12 feet in width; these lights may not be lighted except
6    when the motorized equipment or vehicle is actually being
7    used for those purposes on behalf of a unit of government;
8        7. Fleet safety vehicles registered in another state,
9    furthermore, such lights shall not be lighted except as
10    provided for in Section 12-212 of this Code;
11        8. Such other vehicles as may be authorized by local
12    authorities;
13        9. Law enforcement vehicles of State or local
14    authorities when used in combination with red oscillating,
15    rotating or flashing lights;
16        9.5. Propane delivery trucks;
17        10. Vehicles used for collecting or delivering mail for
18    the United States Postal Service provided that such lights
19    shall not be lighted except when such vehicles are actually
20    being used for such purposes;
21        10.5. Vehicles of the Office of the Illinois State Fire
22    Marshal, provided that such lights shall not be lighted
23    except for when such vehicles are engaged in work for the
24    Office of the Illinois State Fire Marshal;
25        11. Any vehicle displaying a slow-moving vehicle
26    emblem as provided in Section 12-205.1;

 

 

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1        12. All trucks equipped with self-compactors or
2    roll-off hoists and roll-on containers for garbage or
3    refuse hauling. Such lights shall not be lighted except
4    when such vehicles are actually being used for such
5    purposes;
6        13. Vehicles used by a security company, alarm
7    responder, or control agency, or the Illinois Department of
8    Corrections;
9        14. Security vehicles of the Department of Human
10    Services; however, the lights shall not be lighted except
11    when being used for security related purposes under the
12    direction of the superintendent of the facility where the
13    vehicle is located; and
14        15. Vehicles of union representatives, except that the
15    lights shall be lighted only while the vehicle is within
16    the limits of a construction project.
17    (c) The use of blue oscillating, rotating or flashing
18lights, whether lighted or unlighted, is prohibited except on:
19        1. Rescue squad vehicles not owned by a fire department
20    and vehicles owned or operated by a:
21            voluntary firefighter;
22            paid firefighter;
23            part-paid firefighter;
24            call firefighter;
25            member of the board of trustees of a fire
26        protection district;

 

 

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1            paid or unpaid member of a rescue squad;
2            paid or unpaid member of a voluntary ambulance
3        unit; or
4            paid or unpaid members of a local or county
5        emergency management services agency as defined in the
6        Illinois Emergency Management Agency Act, designated
7        or authorized by local authorities, in writing, and
8        carrying that designation or authorization in the
9        vehicle.
10        However, such lights are not to be lighted except when
11    responding to a bona fide emergency or when parked or
12    stationary at the scene of a fire, rescue call, ambulance
13    call, or motor vehicle accident.
14        Any person using these lights in accordance with this
15    subdivision (c)1 must carry on his or her person an
16    identification card or letter identifying the bona fide
17    member of a fire department, fire protection district,
18    rescue squad, ambulance unit, or emergency management
19    services agency that owns or operates that vehicle. The
20    card or letter must include:
21            (A) the name of the fire department, fire
22        protection district, rescue squad, ambulance unit, or
23        emergency management services agency;
24            (B) the member's position within the fire
25        department, fire protection district, rescue squad,
26        ambulance unit, or emergency management services

 

 

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1        agency;
2            (C) the member's term of service; and
3            (D) the name of a person within the fire
4        department, fire protection district, rescue squad,
5        ambulance unit, or emergency management services
6        agency to contact to verify the information provided.
7        2. Police department vehicles in cities having a
8    population of 500,000 or more inhabitants.
9        3. Law enforcement vehicles of State or local
10    authorities when used in combination with red oscillating,
11    rotating or flashing lights.
12        4. Vehicles of local fire departments and State or
13    federal firefighting vehicles when used in combination
14    with red oscillating, rotating or flashing lights.
15        5. Vehicles which are designed and used exclusively as
16    ambulances or rescue vehicles when used in combination with
17    red oscillating, rotating or flashing lights; furthermore,
18    such lights shall not be lighted except when responding to
19    an emergency call.
20        6. Vehicles that are equipped and used exclusively as
21    organ transport vehicles when used in combination with red
22    oscillating, rotating, or flashing lights; furthermore,
23    these lights shall only be lighted when the transportation
24    is declared an emergency by a member of the transplant team
25    or a representative of the organ procurement organization.
26        7. Vehicles of the Illinois Emergency Management

 

 

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1    Agency, vehicles of the Office of the Illinois State Fire
2    Marshal, vehicles of the Illinois Department of Public
3    Health, and vehicles of the Illinois Department of
4    Corrections, and vehicles of the Illinois Department of
5    Juvenile Justice Nuclear Safety, when used in combination
6    with red oscillating, rotating, or flashing lights.
7        8. Vehicles operated by a local or county emergency
8    management services agency as defined in the Illinois
9    Emergency Management Agency Act, when used in combination
10    with red oscillating, rotating, or flashing lights.
11        9. Vehicles of the Illinois Department of Natural
12    Resources that are used for mine rescue and explosives
13    emergency response, when used in combination with red
14    oscillating, rotating, or flashing lights.
15    (c-1) In addition to the blue oscillating, rotating, or
16flashing lights permitted under subsection (c), and
17notwithstanding subsection (a), a vehicle operated by a
18voluntary firefighter, a voluntary member of a rescue squad, or
19a member of a voluntary ambulance unit may be equipped with
20flashing white headlights and blue grill lights, which may be
21used only in responding to an emergency call or when parked or
22stationary at the scene of a fire, rescue call, ambulance call,
23or motor vehicle accident.
24    (c-2) In addition to the blue oscillating, rotating, or
25flashing lights permitted under subsection (c), and
26notwithstanding subsection (a), a vehicle operated by a paid or

 

 

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1unpaid member of a local or county emergency management
2services agency as defined in the Illinois Emergency Management
3Agency Act, may be equipped with white oscillating, rotating,
4or flashing lights to be used in combination with blue
5oscillating, rotating, or flashing lights, if authorization by
6local authorities is in writing and carried in the vehicle.
7    (d) The use of a combination of amber and white
8oscillating, rotating or flashing lights, whether lighted or
9unlighted, is prohibited except motor vehicles or equipment of
10the State of Illinois, local authorities, contractors, and
11union representatives may be so equipped; furthermore, such
12lights shall not be lighted on vehicles of the State of
13Illinois, local authorities, and contractors except while such
14vehicles are engaged in highway maintenance or construction
15operations within the limits of highway construction projects,
16and shall not be lighted on the vehicles of union
17representatives except when those vehicles are within the
18limits of a construction project.
19    (e) All oscillating, rotating or flashing lights referred
20to in this Section shall be of sufficient intensity, when
21illuminated, to be visible at 500 feet in normal sunlight.
22    (f) Nothing in this Section shall prohibit a manufacturer
23of oscillating, rotating or flashing lights or his
24representative from temporarily mounting such lights on a
25vehicle for demonstration purposes only.
26    (g) Any person violating the provisions of subsections (a),

 

 

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1(b), (c) or (d) of this Section who without lawful authority
2stops or detains or attempts to stop or detain another person
3shall be guilty of a Class 2 felony.
4    (h) Except as provided in subsection (g) above, any person
5violating the provisions of subsections (a) or (c) of this
6Section shall be guilty of a Class A misdemeanor.
7(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10;
897-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, eff.
97-13-12.)
 
10    (Text of Section after amendment by P.A. 97-1173)
11    Sec. 12-215. Oscillating, rotating or flashing lights on
12motor vehicles. Except as otherwise provided in this Code:
13    (a) The use of red or white oscillating, rotating or
14flashing lights, whether lighted or unlighted, is prohibited
15except on:
16        1. Law enforcement vehicles of State, Federal or local
17    authorities;
18        2. A vehicle operated by a police officer or county
19    coroner and designated or authorized by local authorities,
20    in writing, as a law enforcement vehicle; however, such
21    designation or authorization must be carried in the
22    vehicle;
23        2.1. A vehicle operated by a fire chief who has
24    completed an emergency vehicle operation training course
25    approved by the Office of the State Fire Marshal and

 

 

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1    designated or authorized by local authorities, in writing,
2    as a fire department, fire protection district, or township
3    fire department vehicle; however, the designation or
4    authorization must be carried in the vehicle, and the
5    lights may be visible or activated only when responding to
6    a bona fide emergency;
7        3. Vehicles of local fire departments and State or
8    federal firefighting vehicles;
9        4. Vehicles which are designed and used exclusively as
10    ambulances or rescue vehicles; furthermore, such lights
11    shall not be lighted except when responding to an emergency
12    call for and while actually conveying the sick or injured;
13        5. Tow trucks licensed in a state that requires such
14    lights; furthermore, such lights shall not be lighted on
15    any such tow truck while the tow truck is operating in the
16    State of Illinois;
17        6. Vehicles of the Illinois Emergency Management
18    Agency, vehicles of the Office of the Illinois State Fire
19    Marshal, vehicles of the Illinois Department of Public
20    Health, and vehicles of the Illinois Department of
21    Corrections, and vehicles of the Illinois Department of
22    Juvenile Justice Nuclear Safety;
23        7. Vehicles operated by a local or county emergency
24    management services agency as defined in the Illinois
25    Emergency Management Agency Act;
26        8. School buses operating alternately flashing head

 

 

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1    lamps as permitted under Section 12-805 of this Code;
2        9. Vehicles that are equipped and used exclusively as
3    organ transplant vehicles when used in combination with
4    blue oscillating, rotating, or flashing lights;
5    furthermore, these lights shall be lighted only when the
6    transportation is declared an emergency by a member of the
7    transplant team or a representative of the organ
8    procurement organization; and
9        10. Vehicles of the Illinois Department of Natural
10    Resources that are used for mine rescue and explosives
11    emergency response.
12    (b) The use of amber oscillating, rotating or flashing
13lights, whether lighted or unlighted, is prohibited except on:
14        1. Second division vehicles designed and used for
15    towing or hoisting vehicles; furthermore, such lights
16    shall not be lighted except as required in this paragraph
17    1; such lights shall be lighted when such vehicles are
18    actually being used at the scene of an accident or
19    disablement; if the towing vehicle is equipped with a flat
20    bed that supports all wheels of the vehicle being
21    transported, the lights shall not be lighted while the
22    vehicle is engaged in towing on a highway; if the towing
23    vehicle is not equipped with a flat bed that supports all
24    wheels of a vehicle being transported, the lights shall be
25    lighted while the towing vehicle is engaged in towing on a
26    highway during all times when the use of headlights is

 

 

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1    required under Section 12-201 of this Code;
2        2. Motor vehicles or equipment of the State of
3    Illinois, local authorities and contractors; furthermore,
4    such lights shall not be lighted except while such vehicles
5    are engaged in maintenance or construction operations
6    within the limits of construction projects;
7        3. Vehicles or equipment used by engineering or survey
8    crews; furthermore, such lights shall not be lighted except
9    while such vehicles are actually engaged in work on a
10    highway;
11        4. Vehicles of public utilities, municipalities, or
12    other construction, maintenance or automotive service
13    vehicles except that such lights shall be lighted only as a
14    means for indicating the presence of a vehicular traffic
15    hazard requiring unusual care in approaching, overtaking
16    or passing while such vehicles are engaged in maintenance,
17    service or construction on a highway;
18        5. Oversized vehicle or load; however, such lights
19    shall only be lighted when moving under permit issued by
20    the Department under Section 15-301 of this Code;
21        6. The front and rear of motorized equipment owned and
22    operated by the State of Illinois or any political
23    subdivision thereof, which is designed and used for removal
24    of snow and ice from highways;
25        (6.1) The front and rear of motorized equipment or
26    vehicles that (i) are not owned by the State of Illinois or

 

 

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1    any political subdivision of the State, (ii) are designed
2    and used for removal of snow and ice from highways and
3    parking lots, and (iii) are equipped with a snow plow that
4    is 12 feet in width; these lights may not be lighted except
5    when the motorized equipment or vehicle is actually being
6    used for those purposes on behalf of a unit of government;
7        7. Fleet safety vehicles registered in another state,
8    furthermore, such lights shall not be lighted except as
9    provided for in Section 12-212 of this Code;
10        8. Such other vehicles as may be authorized by local
11    authorities;
12        9. Law enforcement vehicles of State or local
13    authorities when used in combination with red oscillating,
14    rotating or flashing lights;
15        9.5. Propane delivery trucks;
16        10. Vehicles used for collecting or delivering mail for
17    the United States Postal Service provided that such lights
18    shall not be lighted except when such vehicles are actually
19    being used for such purposes;
20        10.5. Vehicles of the Office of the Illinois State Fire
21    Marshal, provided that such lights shall not be lighted
22    except for when such vehicles are engaged in work for the
23    Office of the Illinois State Fire Marshal;
24        11. Any vehicle displaying a slow-moving vehicle
25    emblem as provided in Section 12-205.1;
26        12. All trucks equipped with self-compactors or

 

 

09800HB3054ham004- 17 -LRB098 09862 MLW 44174 a

1    roll-off hoists and roll-on containers for garbage or
2    refuse hauling. Such lights shall not be lighted except
3    when such vehicles are actually being used for such
4    purposes;
5        13. Vehicles used by a security company, alarm
6    responder, or control agency, or the Illinois Department of
7    Corrections;
8        14. Security vehicles of the Department of Human
9    Services; however, the lights shall not be lighted except
10    when being used for security related purposes under the
11    direction of the superintendent of the facility where the
12    vehicle is located; and
13        15. Vehicles of union representatives, except that the
14    lights shall be lighted only while the vehicle is within
15    the limits of a construction project.
16    (c) The use of blue oscillating, rotating or flashing
17lights, whether lighted or unlighted, is prohibited except on:
18        1. Rescue squad vehicles not owned by a fire department
19    and vehicles owned or operated by a:
20            voluntary firefighter;
21            paid firefighter;
22            part-paid firefighter;
23            call firefighter;
24            member of the board of trustees of a fire
25        protection district;
26            paid or unpaid member of a rescue squad;

 

 

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1            paid or unpaid member of a voluntary ambulance
2        unit; or
3            paid or unpaid members of a local or county
4        emergency management services agency as defined in the
5        Illinois Emergency Management Agency Act, designated
6        or authorized by local authorities, in writing, and
7        carrying that designation or authorization in the
8        vehicle.
9        However, such lights are not to be lighted except when
10    responding to a bona fide emergency or when parked or
11    stationary at the scene of a fire, rescue call, ambulance
12    call, or motor vehicle accident.
13        Any person using these lights in accordance with this
14    subdivision (c)1 must carry on his or her person an
15    identification card or letter identifying the bona fide
16    member of a fire department, fire protection district,
17    rescue squad, ambulance unit, or emergency management
18    services agency that owns or operates that vehicle. The
19    card or letter must include:
20            (A) the name of the fire department, fire
21        protection district, rescue squad, ambulance unit, or
22        emergency management services agency;
23            (B) the member's position within the fire
24        department, fire protection district, rescue squad,
25        ambulance unit, or emergency management services
26        agency;

 

 

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1            (C) the member's term of service; and
2            (D) the name of a person within the fire
3        department, fire protection district, rescue squad,
4        ambulance unit, or emergency management services
5        agency to contact to verify the information provided.
6        2. Police department vehicles in cities having a
7    population of 500,000 or more inhabitants.
8        3. Law enforcement vehicles of State or local
9    authorities when used in combination with red oscillating,
10    rotating or flashing lights.
11        4. Vehicles of local fire departments and State or
12    federal firefighting vehicles when used in combination
13    with red oscillating, rotating or flashing lights.
14        5. Vehicles which are designed and used exclusively as
15    ambulances or rescue vehicles when used in combination with
16    red oscillating, rotating or flashing lights; furthermore,
17    such lights shall not be lighted except when responding to
18    an emergency call.
19        6. Vehicles that are equipped and used exclusively as
20    organ transport vehicles when used in combination with red
21    oscillating, rotating, or flashing lights; furthermore,
22    these lights shall only be lighted when the transportation
23    is declared an emergency by a member of the transplant team
24    or a representative of the organ procurement organization.
25        7. Vehicles of the Illinois Emergency Management
26    Agency, vehicles of the Office of the Illinois State Fire

 

 

09800HB3054ham004- 20 -LRB098 09862 MLW 44174 a

1    Marshal, vehicles of the Illinois Department of Public
2    Health, and vehicles of the Illinois Department of
3    Corrections, and vehicles of the Illinois Department of
4    Juvenile Justice Nuclear Safety, when used in combination
5    with red oscillating, rotating, or flashing lights.
6        8. Vehicles operated by a local or county emergency
7    management services agency as defined in the Illinois
8    Emergency Management Agency Act, when used in combination
9    with red oscillating, rotating, or flashing lights.
10        9. Vehicles of the Illinois Department of Natural
11    Resources that are used for mine rescue and explosives
12    emergency response, when used in combination with red
13    oscillating, rotating, or flashing lights.
14    (c-1) In addition to the blue oscillating, rotating, or
15flashing lights permitted under subsection (c), and
16notwithstanding subsection (a), a vehicle operated by a
17voluntary firefighter, a voluntary member of a rescue squad, or
18a member of a voluntary ambulance unit may be equipped with
19flashing white headlights and blue grill lights, which may be
20used only in responding to an emergency call or when parked or
21stationary at the scene of a fire, rescue call, ambulance call,
22or motor vehicle accident.
23    (c-2) In addition to the blue oscillating, rotating, or
24flashing lights permitted under subsection (c), and
25notwithstanding subsection (a), a vehicle operated by a paid or
26unpaid member of a local or county emergency management

 

 

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1services agency as defined in the Illinois Emergency Management
2Agency Act, may be equipped with white oscillating, rotating,
3or flashing lights to be used in combination with blue
4oscillating, rotating, or flashing lights, if authorization by
5local authorities is in writing and carried in the vehicle.
6    (d) The use of a combination of amber and white
7oscillating, rotating or flashing lights, whether lighted or
8unlighted, is prohibited except motor vehicles or equipment of
9the State of Illinois, local authorities, contractors, and
10union representatives may be so equipped; furthermore, such
11lights shall not be lighted on vehicles of the State of
12Illinois, local authorities, and contractors except while such
13vehicles are engaged in highway maintenance or construction
14operations within the limits of highway construction projects,
15and shall not be lighted on the vehicles of union
16representatives except when those vehicles are within the
17limits of a construction project.
18    (e) All oscillating, rotating or flashing lights referred
19to in this Section shall be of sufficient intensity, when
20illuminated, to be visible at 500 feet in normal sunlight.
21    (f) Nothing in this Section shall prohibit a manufacturer
22of oscillating, rotating or flashing lights or his
23representative or authorized vendor from temporarily mounting
24such lights on a vehicle for demonstration purposes only. If
25the lights are not covered while the vehicle is operated upon a
26highway, the vehicle shall display signage indicating that the

 

 

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1vehicle is out of service or not an emergency vehicle. The
2signage shall be displayed on all sides of the vehicle in
3letters at least 2 inches tall and one-half inch wide. A
4vehicle authorized to have oscillating, rotating, or flashing
5lights mounted for demonstration purposes may not activate the
6lights while the vehicle is operated upon a highway.
7    (g) Any person violating the provisions of subsections (a),
8(b), (c) or (d) of this Section who without lawful authority
9stops or detains or attempts to stop or detain another person
10shall be guilty of a Class 2 felony.
11    (h) Except as provided in subsection (g) above, any person
12violating the provisions of subsections (a) or (c) of this
13Section shall be guilty of a Class A misdemeanor.
14(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10;
1597-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, eff. 7-13-12;
1697-1173, eff. 1-1-14.)
 
17    (625 ILCS 5/12-215.1 new)
18    Sec. 12-215.1. Possession of oscillating, rotating, or
19flashing lights in motor vehicles; police equipment, markings,
20and other indicia of emergency vehicle authority.
21    (a) A person, except those given exceptions in Section
2212-215 or 12-609 of this Code, may not possess or be in actual
23physical control of oscillating, rotating, or flashing lights
24or other indicia of emergency vehicle authority within any
25portion of a motor vehicle, including but not limited to

 

 

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1wig-wags, red and blue LEDs, sirens, mounted or affixed devices
2or other equipment, markings or indicia of emergency vehicle
3authority.
4    (b) A person found guilty of violating this Section is
5guilty of a Class A misdemeanor.
6    (c) Oscillating, rotating, or flashing lights and any other
7equipment, markings, or indicia of emergency vehicle authority
8shall be seized by the law enforcement officer at the time of a
9violation of this Section or of Section 12-215 or 12-609 of
10this Code upon any legal search. The officer may seize the
11vehicle containing the prohibited device or mechanism, and this
12device or mechanism shall be removed and held for evidentiary
13purposes. When the device or mechanism is no longer needed for
14evidence, the defendant may petition the court for the return
15of the device or mechanism. The defendant must prove to the
16court by a preponderance of the evidence that the device or
17mechanism will be used for a legitimate and lawful purpose.
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".