Full Text of SB1958 96th General Assembly
SB1958eng 96TH GENERAL ASSEMBLY
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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 | 5 |
| Sections 1-113.1, 1-202.1, 3-107, 3-406, 3-804.1, 3-804.2, | 6 |
| 12-201, 12-208, and 12-301 as follows:
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| (625 ILCS 5/1-113.1)
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| Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
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| least 25 years of age and of a model year after 1948 or a | 10 |
| vehicle that has
been certified by an inspector of the National | 11 |
| Street Rod Association, on a
form prescribed by the Secretary | 12 |
| of State, to be a custom vehicle
manufactured to resemble a | 13 |
| vehicle at least 25 years of age and of a model
year after 1948 | 14 |
| and has been
altered from the manufacturer's original design or | 15 |
| has a
body constructed from non-original materials
and which is
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| maintained for occasional transportation,
exhibitions, club | 17 |
| activities, parades, tours, and similar uses
and which is not | 18 |
| used for general daily transportation.
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| (Source: P.A. 92-668, eff. 1-1-03.)
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| (625 ILCS 5/1-202.1)
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| Sec. 1-202.1. Street rod. A motor vehicle that is a
1948 or | 22 |
| older vehicle or a vehicle that has been certified by an |
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| inspector
of
the National Street Rod Association, on a form | 2 |
| prescribed by the Secretary
of State, to be a street rod that | 3 |
| was manufactured after 1948 to resemble a
vehicle that was | 4 |
| manufactured before
1949 and has been altered from the | 5 |
| manufacturer's
original design or has a body constructed from | 6 |
| non-original materials
and which is
maintained
for occasional | 7 |
| transportation,
exhibitions, club activities, parades, tours, | 8 |
| and similar uses
and which is not used for general daily | 9 |
| transportation.
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| (Source: P.A. 92-668, eff. 1-1-03.)
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| (625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
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| Sec. 3-107. Contents and effect.
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| (a) Each certificate of title issued by the Secretary of | 14 |
| State shall
contain:
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| 1. the date issued;
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| 2. the name and address of the owner;
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| 3. the names and addresses of any lienholders, in the | 18 |
| order of
priority as shown on the application or, if the | 19 |
| application is based on
a certificate of title, as shown on | 20 |
| the certificate;
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| 4. the title number assigned to the vehicle;
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| 5. a description of the vehicle including, so far as | 23 |
| the following
data exists: its make, year-model, | 24 |
| identifying number, type of body,
whether new or used, as | 25 |
| to house trailers as defined in Section 1-128 of
this Code, |
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| the square footage of the vehicle based upon the outside
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| dimensions of the house trailer excluding the length of the | 3 |
| tongue and
hitch, and, if a new vehicle, the date of the | 4 |
| first sale of the vehicle
for use;
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| 6. an odometer certification as provided for in
this | 6 |
| Code; and
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| 7. any other data the Secretary of State prescribes.
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| (a-5) In the event the applicant seeks to have the vehicle | 9 |
| titled as a custom vehicle or street rod, that fact must be | 10 |
| stated in the application. The custom vehicle or street rod | 11 |
| must be inspected as required by Section 3-406 of this Code | 12 |
| prior to issuance of the title. Upon successful completion of | 13 |
| the inspection, the vehicle may be titled in the following | 14 |
| manner. The make of the vehicle shall be listed as the make of | 15 |
| the actual vehicle or the make it is designed to resemble | 16 |
| (e.g., Ford or Chevrolet); the model of the vehicle shall be | 17 |
| listed as custom vehicle or street rod; and the year of the | 18 |
| vehicle shall be listed as the year the actual vehicle was | 19 |
| manufactured or the year it is designed to resemble. A vehicle | 20 |
| previously titled as other than a custom vehicle or street rod | 21 |
| may be issued a corrected title reflecting the custom vehicle | 22 |
| or street rod model if it otherwise meets the requirements for | 23 |
| the designation. | 24 |
| (b) The certificate of title shall contain forms for | 25 |
| assignment and
warranty of title by the owner, and for | 26 |
| assignment and warranty of title
by a dealer, and may contain |
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| forms for applications for a certificate of
title by a | 2 |
| transferee, the naming of a lienholder and the assignment or
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| release of the security interest of a lienholder. | 4 |
| (b-5) The Secretary of State shall designate on a | 5 |
| certificate of title a space where the owner of a vehicle may | 6 |
| designate a beneficiary, to whom ownership of the vehicle shall | 7 |
| pass in the event of the owner's death.
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| (c) A certificate of title issued by the Secretary of State | 9 |
| is prima
facie evidence of the facts appearing on it.
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| (d) A certificate of title for a vehicle is not subject to
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| garnishment, attachment, execution or other judicial process, | 12 |
| but this
subsection does not prevent a lawful levy upon the | 13 |
| vehicle.
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| (e) Any certificate of title issued by the Secretary of | 15 |
| State is
subject to a lien in favor of the State of Illinois | 16 |
| for any fees or
taxes required to be paid under this Act and as | 17 |
| have not been paid, as
provided for in this Code.
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| (Source: P.A. 95-784, eff. 1-1-09.)
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| (625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
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| Sec. 3-406. Application for specially constructed, | 21 |
| reconstructed , custom, street rod, or foreign vehicles. | 22 |
| (a) In the event the vehicle to be registered is a | 23 |
| specially
constructed, reconstructed or foreign vehicle, such | 24 |
| fact shall be stated in
the application and with reference to | 25 |
| every foreign vehicle which has been
registered heretofore |
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| outside of this State the owner shall surrender to
the | 2 |
| Secretary of State all registration plates, registration cards | 3 |
| or other
evidence of such foreign registration as may be in his | 4 |
| possession or under
his control except as provided in | 5 |
| subdivision (b) hereof.
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| (b) Where in the course of interstate operation of a | 7 |
| vehicle registered
in another State, it is desirable to retain | 8 |
| registration of said vehicle in
such other State, such | 9 |
| applicant need not surrender but shall submit for
inspection | 10 |
| said evidences of such foreign registration and the Secretary | 11 |
| of
State upon a proper showing shall register said vehicle in | 12 |
| this State but
shall not issue a certificate of title for such | 13 |
| vehicle.
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| (c) In the event the applicant seeks to have the vehicle | 15 |
| registered as a custom vehicle or street rod, that fact must be | 16 |
| stated in the application. Prior to registration, custom | 17 |
| vehicles or street rods must be inspected by the Secretary of | 18 |
| State Department of Police. Upon successful completion of the | 19 |
| inspection, the vehicle may be registered in the following | 20 |
| manner. The make of the vehicle shall be listed as the make of | 21 |
| the actual vehicle or the make it is designed to resemble | 22 |
| (e.g., Ford or Chevrolet); the model of the vehicle shall be | 23 |
| listed as custom vehicle or street rod; and the year of the | 24 |
| vehicle shall be listed as the year the actual vehicle was | 25 |
| manufactured or the year it is designed to resemble. | 26 |
| (Source: P.A. 76-1586 .)
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| (625 ILCS 5/3-804.1)
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| Sec. 3-804.1. Custom vehicles.
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| (a) The owner of a custom vehicle may register that vehicle | 4 |
| for
the standard
registration fee for a vehicle of the first | 5 |
| division, other than a motorcycle,
motor driven
cycle, or | 6 |
| pedalcycle, and obtain a custom vehicle plate. An applicant for
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| the
special plate shall be charged, in addition to the standard | 8 |
| registration fee,
$15 for original issuance to be deposited | 9 |
| into the Secretary of State Special
License Plate Fund, to be | 10 |
| used by the Secretary to help defray administrative
costs. For | 11 |
| each renewal period, in addition to the standard registration | 12 |
| fee,
the applicant shall be charged $2, which shall be | 13 |
| deposited into the Secretary
of
State Special License Plate | 14 |
| Fund.
The
application for
registration must be accompanied by | 15 |
| an affirmation of
the owner that the vehicle will be
maintained
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| for
occasional transportation,
exhibitions, club
activities, | 17 |
| parades, tours, and similar uses and
will
not be used for | 18 |
| general daily
transportation.
The Secretary may,
in his or her | 19 |
| discretion, prescribe that custom vehicle plates be issued for | 20 |
| a
definite or an indefinite term, the term to correspond to the | 21 |
| term of
registration plates issued generally, as provided in | 22 |
| Section 3-414.1. Any
person requesting custom vehicle plates | 23 |
| under this
Section
may also apply to have vanity or | 24 |
| personalized plates as provided under
Section 3-405.1.
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| (b) Upon initial registration of a custom vehicle, the |
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| owner of the
custom vehicle must have the vehicle inspected as | 2 |
| required by Section 3-406 of this Code provide proof acceptable | 3 |
| to the Secretary that, no more
than 3 months before the date of | 4 |
| the application for registration, the custom
vehicle passed a | 5 |
| safety inspection that (i) has been approved by the
Secretary | 6 |
| and (ii) is equivalent
to the National Street Rod Association's
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| prescribed vehicle safety inspection .
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| Except where otherwise provided, custom vehicles are | 9 |
| considered to be
in compliance with all vehicle equipment | 10 |
| requirements if they have passed the
approved vehicle safety | 11 |
| inspection.
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| (Source: P.A. 92-668, eff. 1-1-03.)
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| (625 ILCS 5/3-804.2)
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| Sec. 3-804.2. Street rods.
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| (a) The owner of a street rod may register the vehicle for
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| the standard
registration fee
for a vehicle of the first | 17 |
| division, other than a motorcycle, motor driven
cycle, or
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| pedalcycle, and obtain a street rod plate. An applicant for the | 19 |
| special
plate
shall be charged, in addition to the standard | 20 |
| registration fee, $15 for
original
issuance to be deposited | 21 |
| into the Secretary of State Special License Plate
Fund, to be | 22 |
| used by the Secretary to help defray administrative costs. For
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| each renewal period, in addition to the standard registration | 24 |
| fee, the
applicant shall be charged $2, which shall be
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| deposited into the Secretary of State Special License Plate |
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| Fund. The
application for
registration must be accompanied by | 2 |
| an affirmation of
the owner that the vehicle will be maintained
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| for
occasional transportation,
exhibitions, club activities, | 4 |
| parades, tours, and similar uses and
will
not be used for
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| general daily transportation.
The Secretary may,
in his or her | 6 |
| discretion, prescribe that street rod plates be issued for a
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| definite or an indefinite term, the term to correspond to the | 8 |
| term of
registration plates issued generally, as provided in | 9 |
| Section 3-414.1. Any
person requesting street rod plates under | 10 |
| this Section
may also apply to have vanity or personalized | 11 |
| plates as provided under
Section 3-405.1.
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| (b) Upon initial registration of a street rod, the owner of | 13 |
| the street
rod must have the vehicle inspected as required by | 14 |
| Section 3-406 of this Code provide proof acceptable to the | 15 |
| Secretary that, no more than 3
months before the date of the | 16 |
| application for registration, the street rod
passed a safety | 17 |
| inspection that (i) has been approved by the Secretary and (ii)
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| is
equivalent to the National Street Rod Association's | 19 |
| prescribed vehicle
safety inspection .
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| Except where otherwise provided, street rods are | 21 |
| considered to be in
compliance with all vehicle equipment | 22 |
| requirements if they have passed the
approved vehicle safety | 23 |
| inspection.
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| (Source: P.A. 92-668, eff. 1-1-03.)
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| (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
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| Sec. 12-201. When lighted lamps are required.
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| (a) When operated upon any highway in this State, every | 3 |
| motorcycle shall at
all times exhibit at least one lighted | 4 |
| lamp, showing a white light visible
for at least 500 feet in | 5 |
| the
direction the motorcycle is proceeding. However, in lieu of | 6 |
| such lighted
lamp, a motorcycle may be equipped with and use a | 7 |
| means of modulating the
upper beam of the head lamp between | 8 |
| high and a lower brightness. No such
head lamp shall be | 9 |
| modulated, except to otherwise comply with this Code,
during | 10 |
| times when lighted lamps are required for other motor vehicles.
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| (b) All other motor vehicles shall
exhibit at least 2 | 12 |
| lighted head lamps, with at least one on each side
of the front | 13 |
| of the vehicle, which satisfy United States Department of
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| Transportation requirements, showing white lights, including | 15 |
| that emitted
by high intensity discharge (HID) lamps, or lights | 16 |
| of a yellow or amber tint,
during the period from sunset to | 17 |
| sunrise, at times when rain, snow, fog, or
other atmospheric | 18 |
| conditions require the use of windshield wipers, and at
any | 19 |
| other times when, due to insufficient light or unfavorable | 20 |
| atmospheric
conditions, persons and vehicles on the highway are | 21 |
| not clearly discernible at
a distance of 1000 feet. Parking | 22 |
| lamps may be used in addition to but not in
lieu of such head | 23 |
| lamps. Every motor vehicle, trailer, or semi-trailer shall
also | 24 |
| exhibit at least 2 lighted lamps, commonly known as tail lamps, | 25 |
| which
shall be mounted on the left rear and right rear of the | 26 |
| vehicle so as to throw
a red light visible for at least 500 |
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| feet in the reverse direction, except that
a truck tractor or | 2 |
| road tractor manufactured before January 1, 1968 and all
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| motorcycles need be equipped with only one such tail lamp.
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| (c) Either a tail lamp or a separate lamp shall be so | 5 |
| constructed
and placed as to illuminate with a white light a | 6 |
| rear registration plate
when required and render it clearly | 7 |
| legible from a distance of 50 feet
to the rear. Any tail lamp | 8 |
| or tail lamps, together with any separate
lamp or lamps for | 9 |
| illuminating a rear registration plate, shall be so
wired as to | 10 |
| be lighted whenever the head lamps or auxiliary driving lamps
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| are lighted.
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| (d) A person shall install only head lamps that satisfy | 13 |
| United States
Department of Transportation regulations and | 14 |
| show white light, including that
emitted by HID lamps, or light | 15 |
| of a yellow or amber tint for use by a motor
vehicle.
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| (e) (Blank). For purposes of this Section, a custom vehicle | 17 |
| or street rod is
considered to be in compliance with all | 18 |
| vehicle lamp requirements if it has
passed the approved safety | 19 |
| inspection provided for in Section 3-804.1 or
3-804.2.
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| (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00; 92-16, | 21 |
| eff.
6-28-01; 92-668, eff. 1-1-03.)
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| (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
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| Sec. 12-208. Signal lamps and signal devices.
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| (a) Every vehicle other than an antique vehicle displaying | 25 |
| an antique
plate operated in this State shall be equipped with |
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| a stop lamp or lamps on
the rear of the vehicle which shall | 2 |
| display a red or amber light visible
from a distance of not | 3 |
| less than 500 feet to the rear in normal sunlight
and which | 4 |
| shall be actuated upon application of the service (foot) brake,
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| and which may but need not be incorporated with other rear | 6 |
| lamps. During
times when lighted lamps are not required, an | 7 |
| antique vehicle may be
equipped with a stop lamp or lamps on | 8 |
| the rear of such vehicle of the same
type originally installed | 9 |
| by the manufacturer as original equipment and in
working order. | 10 |
| However, at all other times, except as provided in subsection
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| (a-1), such antique vehicle must be
equipped with stop lamps | 12 |
| meeting the requirements of Section 12-208 of this
Act.
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| (a-1) An antique vehicle, including an antique motorcycle, | 14 |
| may display a blue light or lights of up to one
inch in | 15 |
| diameter as part of the vehicle's rear stop lamp or lamps.
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| (b) Every motor vehicle other than an antique vehicle | 17 |
| displaying an
antique plate shall be equipped with an electric | 18 |
| turn signal device which
shall indicate the intention of the | 19 |
| driver to turn to the right or to the
left in the form of | 20 |
| flashing lights located at and showing to the front and
rear of | 21 |
| the vehicle on the side of the vehicle toward which the turn is | 22 |
| to
be made. The lamps showing to the front shall be mounted on | 23 |
| the same level
and as widely spaced laterally as practicable | 24 |
| and, when signaling, shall
emit a white or amber light, or any | 25 |
| shade of light between white and amber.
The lamps showing to | 26 |
| the rear shall be mounted on the same level and as
widely |
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| spaced laterally as practicable and, when signaling, shall emit | 2 |
| a
red or amber light. An antique vehicle shall be equipped with | 3 |
| a turn signal
device of the same type originally installed by | 4 |
| the manufacturer as
original equipment and in working order.
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| (c) Every trailer and semitrailer shall be equipped with an | 6 |
| electric
turn signal device which indicates the intention of | 7 |
| the driver in the power
unit to turn to the right or to the left | 8 |
| in the form of flashing red or
amber lights located at the rear | 9 |
| of the vehicle on the side toward which
the turn is to be made | 10 |
| and mounted on the same level and as widely spaced
laterally as | 11 |
| practicable.
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| (d) Turn signal lamps must be visible from a distance of | 13 |
| not less than
300 feet in normal sunlight.
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| (e) Motorcycles and motor-driven cycles need not be | 15 |
| equipped with
electric turn signals. Antique vehicles need not | 16 |
| be equipped with turn
signals unless such were installed by the | 17 |
| manufacturer as original
equipment.
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| (f) (Blank). For purposes of this Section, a custom vehicle | 19 |
| or street rod is
considered to be in compliance with all signal | 20 |
| lamp and signal device
requirements if it has passed the | 21 |
| approved safety inspection provided for in
Section 3-804.1 or | 22 |
| 3-804.2.
| 23 |
| (Source: P.A. 94-299, eff. 7-21-05.)
| 24 |
| (625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
| 25 |
| Sec. 12-301. Brakes.
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| (a) Brake equipment required.
| 2 |
| 1. Every motor vehicle,
other than a motor-driven cycle | 3 |
| and an antique vehicle displaying an
antique plate, when | 4 |
| operated upon a highway shall be equipped with brakes
| 5 |
| adequate to control the movement of and to stop and hold | 6 |
| such vehicle,
including 2 separate means of applying the | 7 |
| brakes, each of which means
shall be effective to apply the | 8 |
| brakes to at least one wheel on a
motorcycle and at least 2 | 9 |
| wheels on all other first division and second
division | 10 |
| vehicles. If these 2 separate means of applying the brakes | 11 |
| are
connected in any way, they shall be so constructed that | 12 |
| failure of any one
part of the operating mechanism shall | 13 |
| not leave the motor vehicle without
brakes.
| 14 |
| 2. Every motor-driven cycle when operated upon a | 15 |
| highway shall be
equipped with at least one brake which may | 16 |
| be operated by hand or foot.
| 17 |
| 3. Every antique vehicle shall be equipped with the | 18 |
| brakes of the
same type originally installed by the | 19 |
| manufacturer as original equipment
and in working order.
| 20 |
| 4. Except as provided in paragraph 4.1, every trailer | 21 |
| or semitrailer
of a gross weight of over 3,000 pounds,
when | 22 |
| operated upon a highway must be equipped with brakes | 23 |
| adequate
to control the movement of, to stop and to hold | 24 |
| such vehicle, and
designed so as to be operable by the | 25 |
| driver of the towing vehicle from
its cab. Such brakes must | 26 |
| be so designed and connected that in case of
an accidental |
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| breakaway of a towed vehicle over 5,000 pounds, the
brakes | 2 |
| are automatically applied.
| 3 |
| 4.1. Every boat trailer
of a gross weight of over 3,000 | 4 |
| pounds,
when operated upon a highway, must be equipped with | 5 |
| brakes adequate
to control the movement of, to stop, and to | 6 |
| hold that boat trailer.
The brakes must be designed to | 7 |
| ensure that, in case of
an accidental breakaway of a towed | 8 |
| boat trailer over 5,000 pounds, the
brakes are | 9 |
| automatically applied.
| 10 |
| 5. Every motor vehicle, trailer, pole trailer or | 11 |
| semitrailer, sold
in this State or operated upon the | 12 |
| highways shall be equipped with
service brakes upon all | 13 |
| wheels of every such vehicle, except any
motor-driven | 14 |
| cycle, and except that any trailer, pole trailer or
| 15 |
| semitrailer 3,000 pounds gross weight or less need not be | 16 |
| equipped
with brakes, and except that any trailer or | 17 |
| semitrailer with gross
weight over 3,000 pounds but under | 18 |
| 5,001 pounds need be equipped with
brakes on only one wheel | 19 |
| on each side of the vehicle. Any motor vehicle
and truck | 20 |
| tractor having 3 or more axles and manufactured prior to | 21 |
| July
25, 1980 need not have brakes on the front wheels, | 22 |
| except when such
vehicles are equipped with at least 2 | 23 |
| steerable axles, the wheels of one
such axle need not be | 24 |
| equipped with brakes. However, a vehicle that is more
than | 25 |
| 30 years of age and which is driven on the highways only in | 26 |
| going to
and returning from an antique auto show or for |
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| servicing or for a
demonstration need be equipped with 2 | 2 |
| wheel brakes only.
| 3 |
| (b) Performance ability of brakes.
| 4 |
| 1. The service brakes upon any
motor vehicle or | 5 |
| combination of vehicles operating on a level surface
shall | 6 |
| be adequate to stop such vehicle or vehicles when traveling | 7 |
| 20
miles per hour within a distance of 30 feet when upon | 8 |
| dry asphalt or
concrete pavement surface free from loose | 9 |
| material.
| 10 |
| 2. Under the above conditions the hand brake shall be | 11 |
| adequate to
stop such vehicle or vehicles, except any | 12 |
| motorcycle, within a distance
of 55 feet and the hand brake | 13 |
| shall be adequate to hold such vehicle or
vehicles | 14 |
| stationary on any grade upon which operated.
| 15 |
| 3. Under the above conditions the service brakes upon | 16 |
| an antique
vehicle shall be adequate to stop the vehicle | 17 |
| within a distance of 40
feet and the hand brake adequate to | 18 |
| stop the vehicle within a distance
of 55 feet.
| 19 |
| 4. All braking distances specified in this Section | 20 |
| apply to all
vehicles mentioned, whether such vehicles are | 21 |
| unloaded or are loaded to
the maximum capacity permitted | 22 |
| under this Act.
| 23 |
| 5. All brakes shall be maintained in good working order | 24 |
| and shall be
so adjusted as to operate as equally as | 25 |
| practicable with respect to the
wheels on opposite sides of | 26 |
| the vehicle.
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| 6. Brake assembly requirements for mobile homes shall | 2 |
| be the standards
required by the United States Department | 3 |
| of Housing and Urban Development
adopted under Title VI of | 4 |
| the Housing and Community Development Act of 1974.
| 5 |
| (c) (Blank). For purposes of this Section, a custom vehicle | 6 |
| or street rod is
considered to be in compliance with all brake | 7 |
| equipment requirements if it has
passed the approved vehicle | 8 |
| safety inspection provided for in Section 3-804.1
or 3-804.2.
| 9 |
| (Source: P.A. 92-668, eff. 1-1-03; 93-344, eff. 1-1-04.)
| 10 |
| Section 99. Effective date. This Act takes effect January | 11 |
| 1, 2010.
|
|