Illinois General Assembly - Full Text of SB3495
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Full Text of SB3495  102nd General Assembly

SB3495enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3495 EnrolledLRB102 23834 RAM 33026 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 12-215 and 12-601.1 as follows:
 
6    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
7    Sec. 12-215. Oscillating, rotating or flashing lights on
8motor vehicles. Except as otherwise provided in this Code:
9    (a) The use of red or white oscillating, rotating or
10flashing lights, whether lighted or unlighted, is prohibited
11except on:
12        1. Law enforcement vehicles of State, Federal or local
13    authorities;
14        2. A vehicle operated by a police officer or county
15    coroner and designated or authorized by local authorities,
16    in writing, as a law enforcement vehicle; however, such
17    designation or authorization must be carried in the
18    vehicle;
19        2.1. A vehicle operated by a fire chief, deputy fire
20    chief, or assistant fire chief who has completed an
21    emergency vehicle operation training course approved by
22    the Office of the State Fire Marshal and designated or
23    authorized by local authorities, fire departments, or fire

 

 

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1    protection districts, in writing, as a fire department,
2    fire protection district, or township fire department
3    vehicle; however, the designation or authorization must be
4    carried in the vehicle, and the lights may be visible or
5    activated only when responding to a bona fide emergency;
6        3. Vehicles of local fire departments and State or
7    federal firefighting vehicles;
8        4. Vehicles which are designed and used exclusively as
9    ambulances or rescue vehicles; furthermore, such lights
10    shall not be lighted except when responding to an
11    emergency call for and while actually conveying the sick
12    or injured;
13        4.5. Vehicles which are occasionally used as rescue
14    vehicles that have been authorized for use as rescue
15    vehicles by a volunteer EMS provider, provided that the
16    operator of the vehicle has successfully completed an
17    emergency vehicle operation training course recognized by
18    the Department of Public Health; furthermore, the lights
19    shall not be lighted except when responding to an
20    emergency call for the sick or injured;
21        5. Tow trucks licensed in a state that requires such
22    lights; furthermore, such lights shall not be lighted on
23    any such tow truck while the tow truck is operating in the
24    State of Illinois;
25        6. Vehicles of the Illinois Emergency Management
26    Agency, vehicles of the Office of the Illinois State Fire

 

 

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1    Marshal, vehicles of the Illinois Department of Public
2    Health, vehicles of the Illinois Department of
3    Corrections, and vehicles of the Illinois Department of
4    Juvenile Justice;
5        7. Vehicles operated by a local or county emergency
6    management services agency as defined in the Illinois
7    Emergency Management Agency Act;
8        8. School buses operating alternately flashing head
9    lamps as permitted under Section 12-805 of this Code;
10        9. Vehicles that are equipped and used exclusively as
11    organ transplant vehicles when used in combination with
12    blue oscillating, rotating, or flashing lights;
13    furthermore, these lights shall be lighted only when the
14    transportation is declared an emergency by a member of the
15    transplant team or a representative of the organ
16    procurement organization;
17        10. Vehicles of the Illinois Department of Natural
18    Resources that are used for mine rescue and explosives
19    emergency response;
20        11. Vehicles of the Illinois Department of
21    Transportation identified as Emergency Traffic Patrol; the
22    lights shall not be lighted except when responding to an
23    emergency call or when parked or stationary while engaged
24    in motor vehicle assistance or at the scene of the
25    emergency; and
26        12. Vehicles of the Illinois State Toll Highway

 

 

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1    Authority with a gross vehicle weight rating of 9,000
2    pounds or more and those identified as Highway Emergency
3    Lane Patrol; the lights shall not be lighted except when
4    responding to an emergency call or when parked or
5    stationary while engaged in motor vehicle assistance or at
6    the scene of the emergency.
7    (b) The use of amber oscillating, rotating or flashing
8lights, whether lighted or unlighted, is prohibited except on:
9        1. Second division vehicles designed and used for
10    towing or hoisting vehicles; furthermore, such lights
11    shall not be lighted except as required in this paragraph
12    1; such lights shall be lighted when such vehicles are
13    actually being used at the scene of an accident or
14    disablement; if the towing vehicle is equipped with a flat
15    bed that supports all wheels of the vehicle being
16    transported, the lights shall not be lighted while the
17    vehicle is engaged in towing on a highway; if the towing
18    vehicle is not equipped with a flat bed that supports all
19    wheels of a vehicle being transported, the lights shall be
20    lighted while the towing vehicle is engaged in towing on a
21    highway during all times when the use of headlights is
22    required under Section 12-201 of this Code; in addition,
23    these vehicles may use white oscillating, rotating, or
24    flashing lights in combination with amber oscillating,
25    rotating, or flashing lights as provided in this
26    paragraph;

 

 

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1        2. Motor vehicles or equipment of the State of
2    Illinois, the Illinois State Toll Highway Authority, local
3    authorities and contractors; furthermore, such lights
4    shall not be lighted except while such vehicles are
5    engaged in maintenance or construction operations within
6    the limits of construction projects;
7        3. Vehicles or equipment used by engineering or survey
8    crews; furthermore, such lights shall not be lighted
9    except while such vehicles are actually engaged in work on
10    a 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
14    a 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
24    removal 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
17    for the United States Postal Service provided that such
18    lights shall not be lighted except when such vehicles are
19    actually being used for such purposes;
20        10.5. Vehicles of the Office of the Illinois State
21    Fire Marshal, provided that such lights shall not be
22    lighted except for when such vehicles are engaged in work
23    for the 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

 

 

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1    roll-off hoists and roll-on containers for garbage,
2    recycling, or refuse hauling. Such lights shall not be
3    lighted except when such vehicles are actually being used
4    for such purposes;
5        13. Vehicles used by a security company, alarm
6    responder, 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
19    department or fire protection district and vehicles owned
20    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
17    with red oscillating, rotating or flashing lights;
18    furthermore, such lights shall not be lighted except when
19    responding to 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
25    team or a representative of the organ procurement
26    organization.

 

 

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

 

 

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1notwithstanding subsection (a), a vehicle operated by a paid
2or unpaid member of a local or county emergency management
3services agency as defined in the Illinois Emergency
4Management Agency Act, may be equipped with white oscillating,
5rotating, or flashing lights to be used in combination with
6blue oscillating, rotating, or flashing lights, if
7authorization by local authorities is in writing and carried
8in the vehicle.
9    (d) The use of a combination of amber and white
10oscillating, rotating or flashing lights, whether lighted or
11unlighted, is prohibited except on second division vehicles
12designed and used for towing or hoisting vehicles or motor
13vehicles or equipment of the State of Illinois, local
14authorities, contractors, and union representatives;
15furthermore, such lights shall not be lighted on second
16division vehicles designed and used for towing or hoisting
17vehicles or vehicles of the State of Illinois, local
18authorities, and contractors except while such vehicles are
19engaged in a tow operation, highway maintenance, or
20construction operations within the limits of highway
21construction projects, and shall not be lighted on the
22vehicles of union representatives except when those vehicles
23are within the limits of a construction project.
24    (e) All oscillating, rotating or flashing lights referred
25to in this Section shall be of sufficient intensity, when
26illuminated, to be visible at 500 feet in normal sunlight.

 

 

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1    (f) Nothing in this Section shall prohibit a manufacturer
2of oscillating, rotating or flashing lights or his
3representative or authorized vendor from temporarily mounting
4such lights on a vehicle for demonstration purposes only. If
5the lights are not covered while the vehicle is operated upon a
6highway, the vehicle shall display signage indicating that the
7vehicle is out of service or not an emergency vehicle. The
8signage shall be displayed on all sides of the vehicle in
9letters at least 2 inches tall and one-half inch wide. A
10vehicle authorized to have oscillating, rotating, or flashing
11lights mounted for demonstration purposes may not activate the
12lights while the vehicle is operated upon a highway.
13    (g) Any person violating the provisions of subsections
14(a), (b), (c) or (d) of this Section who without lawful
15authority stops or detains or attempts to stop or detain
16another person shall be guilty of a Class 2 felony.
17    (h) Except as provided in subsection (g) above, any person
18violating the provisions of subsections (a) or (c) of this
19Section shall be guilty of a Class A misdemeanor.
20(Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20.)
 
21    (625 ILCS 5/12-601.1)
22    Sec. 12-601.1. Traffic control signal preemption devices.
23    (a) As used in this Section, "traffic control signal
24preemption device" means any device, either mechanical or
25electrical, that emits a pulse of light or other signal that,

 

 

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1when received by a detector attached to a traffic control
2signal, changes that traffic control signal to a green light
3or, if the traffic control signal is already green, extends
4the duration of the green light.
5    (b) Except as provided in subsection (d), a traffic
6control signal preemption device may not be installed on a
7motor vehicle, may not be transported in the passenger
8compartment of a motor vehicle, and may not be operated by the
9driver or passenger of a motor vehicle.
10    Violation of this subsection (b) is a Class A misdemeanor,
11punishable by a fine of $1,000 in addition to any other penalty
12that may be imposed.
13    (c) A retailer or manufacturer may not sell a traffic
14control signal preemption device to any person or entity for
15any intended use other than operation as permitted under
16subsection (d).
17    Violation of this subsection (c) is a Class A misdemeanor,
18punishable by a fine of $5,000 for each sale of each device, in
19addition to any other penalty that may be imposed.
20    (d) Installation of a traffic control signal preemption
21device is permitted on the following vehicles, and operation
22of the device is permitted as follows:
23        (1) Police department vehicles, when responding to a
24    bona fide emergency, when used in combination with red or
25    blue oscillating, rotating, or flashing lights.
26        (2) Law enforcement vehicles of State or local

 

 

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1    authorities, when responding to a bona fide emergency,
2    when used in combination with red oscillating, rotating,
3    or flashing lights.
4        (3) Vehicles of local fire departments, fire
5    protection districts, and State or federal firefighting
6    vehicles, when responding to a bona fide emergency, when
7    used in combination with red oscillating, rotating, or
8    flashing lights.
9        (4) Vehicles that are designed and used exclusively as
10    ambulances or rescue vehicles, when responding to a bona
11    fide emergency, when used in combination with red
12    oscillating, rotating, or flashing lights.
13        (5) Vehicles that are equipped and used exclusively as
14    organ transport vehicles, when the transportation is
15    declared an emergency by a member of the transplant team
16    or a representative of the organ procurement organization,
17    when used in combination with red oscillating, rotating,
18    or flashing lights.
19        (6) Vehicles of the Illinois Emergency Management
20    Agency and vehicles of the Department of Nuclear Safety,
21    when responding to a bona fide emergency, when used in
22    combination with red oscillating, rotating, or flashing
23    lights.
24        (7) Commuter buses owned by any political subdivision
25    of this State, operated either by the political
26    subdivision or its lessee or agent, and offering

 

 

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1    short-haul for-hire regularly scheduled passenger
2    transportation service, over regular routes with fixed
3    schedules, within metropolitan and suburban areas, when
4    used to extend the duration of an already green light to
5    meet schedules.
6        (8) Vehicles used for snow removal owned by any
7    political subdivision of this State, operated either by
8    the political subdivision or its lessee or agent, when
9    used during a snow emergency in combination with yellow or
10    amber oscillating, rotating, or flashing lights, when used
11    to extend the duration of an already green light.
12    (e) This Section does not prohibit use by motorcycles of
13electronic or magnetic safety devices designed to allow
14traffic control signal systems to recognize or detect
15motorcycles.
16(Source: P.A. 93-80, eff. 7-2-03.)