Full Text of SB2979 97th General Assembly
SB2979enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning economic development.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 12-215 and 12-609 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 | 8 | | motor vehicles. Except as otherwise provided in this Code:
| 9 | | (a) The use of red or white oscillating, rotating or | 10 | | flashing lights,
whether lighted or unlighted, is prohibited | 11 | | except 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 who has | 20 | | completed an emergency vehicle operation training course | 21 | | approved by the Office of the State Fire Marshal and | 22 | | designated or authorized by local authorities, in writing, | 23 | | as a fire department, fire protection district, or township |
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| 1 | | fire department vehicle; however, the designation or | 2 | | authorization must
be carried in the vehicle, and the | 3 | | lights may be visible or activated only when responding to | 4 | | a bona fide emergency;
| 5 | | 3. Vehicles of local fire departments and State or | 6 | | federal
firefighting vehicles;
| 7 | | 4. Vehicles which are designed and used exclusively as | 8 | | ambulances
or rescue vehicles; furthermore, such lights | 9 | | shall not be lighted except
when responding to an emergency | 10 | | call for and while actually conveying the
sick or injured;
| 11 | | 5. Tow trucks licensed in a state that requires such | 12 | | lights;
furthermore, such lights shall not be lighted on | 13 | | any such tow truck while the
tow truck is
operating in the | 14 | | State of Illinois;
| 15 | | 6. Vehicles of the Illinois Emergency Management | 16 | | Agency, vehicles of the Office of the Illinois State Fire | 17 | | Marshal, vehicles of the Illinois Department of Public | 18 | | Health, and vehicles of
the
Department of Nuclear Safety;
| 19 | | 7. Vehicles operated by a local or county emergency | 20 | | management
services agency as defined in the Illinois | 21 | | Emergency
Management Agency Act;
| 22 | | 8. School buses operating alternately flashing head | 23 | | lamps as permitted
under Section 12-805 of this Code;
| 24 | | 9. Vehicles that are equipped and used exclusively as | 25 | | organ transplant
vehicles when used in combination with | 26 | | blue oscillating, rotating, or flashing
lights; |
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| 1 | | furthermore, these lights shall be lighted only when the | 2 | | transportation
is declared an emergency by a member of the | 3 | | transplant team or a representative
of the organ | 4 | | procurement organization; and | 5 | | 10. Vehicles of the Illinois Department of Natural | 6 | | Resources that are used for mine rescue and explosives | 7 | | emergency response. | 8 | | (b) The use of amber oscillating, rotating or flashing | 9 | | lights, whether
lighted or unlighted, is prohibited except on:
| 10 | | 1. Second division vehicles designed and used for | 11 | | towing or hoisting
vehicles; furthermore, such lights | 12 | | shall not be lighted except as
required in
this paragraph | 13 | | 1; such lights shall be lighted
when such vehicles are | 14 | | actually being
used at the scene of an accident or
| 15 | | disablement; if the towing vehicle is equipped with a flat | 16 | | bed that
supports all wheels of the vehicle being | 17 | | transported, the lights shall not be
lighted while the | 18 | | vehicle is engaged in towing on a highway; if the towing
| 19 | | vehicle is not equipped with a flat bed that supports all | 20 | | wheels of a vehicle
being transported, the lights shall be | 21 | | lighted while the
towing
vehicle is engaged in towing on a | 22 | | highway during all
times when the use
of headlights is | 23 | | required under Section 12-201 of this Code;
| 24 | | 2. Motor vehicles or equipment of the State of | 25 | | Illinois, local authorities
and contractors; furthermore, | 26 | | such lights shall not be lighted except while
such vehicles |
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| 1 | | are engaged in maintenance or construction operations | 2 | | within
the limits of construction projects;
| 3 | | 3. Vehicles or equipment used by engineering or survey | 4 | | crews;
furthermore, such lights shall not be lighted except | 5 | | while such vehicles
are actually engaged in work on a | 6 | | highway;
| 7 | | 4. Vehicles of public utilities, municipalities, or | 8 | | other
construction, maintenance or automotive service | 9 | | vehicles except that such
lights shall be lighted only as a | 10 | | means for indicating the presence of a
vehicular traffic | 11 | | hazard requiring unusual care in approaching, overtaking
| 12 | | or passing while such vehicles are engaged in maintenance, | 13 | | service or
construction on a highway;
| 14 | | 5. Oversized vehicle or load; however, such lights | 15 | | shall only be lighted
when moving under permit issued by | 16 | | the Department under Section 15-301
of this Code;
| 17 | | 6. The front and rear of motorized equipment owned and | 18 | | operated by the
State of Illinois or any political | 19 | | subdivision thereof, which is designed
and used for removal | 20 | | of snow and ice from highways;
| 21 | | (6.1) The front and rear of motorized equipment or | 22 | | vehicles that (i) are not owned by the State of Illinois or | 23 | | any political subdivision of the State, (ii) are designed | 24 | | and used for removal of snow and ice from highways and | 25 | | parking lots, and (iii) are equipped with a snow plow that | 26 | | is 12 feet in width; these lights may not be lighted except |
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| 1 | | when the motorized equipment or vehicle is actually being | 2 | | used for those purposes on behalf of a unit of government;
| 3 | | 7. Fleet safety vehicles registered in another state, | 4 | | furthermore, such
lights shall not be lighted except as | 5 | | provided for in Section 12-212 of
this Code;
| 6 | | 8. Such other vehicles as may be authorized by local | 7 | | authorities;
| 8 | | 9. Law enforcement vehicles of State or local | 9 | | authorities when used in
combination with red oscillating, | 10 | | rotating or flashing lights;
| 11 | | 9.5. Propane delivery trucks;
| 12 | | 10. Vehicles used for collecting or delivering mail for | 13 | | the
United States Postal Service provided that such lights | 14 | | shall not be lighted
except when such vehicles are actually | 15 | | being used for such purposes;
| 16 | | 10.5. Vehicles of the Office of the Illinois State Fire | 17 | | Marshal, provided that such lights shall not be lighted | 18 | | except for when such vehicles are engaged in work for the | 19 | | Office of the Illinois State Fire Marshal;
| 20 | | 11. Any vehicle displaying a slow-moving vehicle | 21 | | emblem as
provided in Section 12-205.1;
| 22 | | 12. All trucks equipped with self-compactors or | 23 | | roll-off hoists and
roll-on containers for garbage or | 24 | | refuse hauling. Such lights shall not be
lighted except | 25 | | when such vehicles are actually being used for such | 26 | | purposes;
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| 1 | | 13. Vehicles used by a security company, alarm | 2 | | responder, or control
agency;
| 3 | | 14. Security vehicles of the Department of Human | 4 | | Services; however, the
lights shall not be lighted except | 5 | | when being used for security related
purposes under the | 6 | | direction of the superintendent of the facility where the
| 7 | | vehicle is located; and
| 8 | | 15. Vehicles of union representatives, except that the | 9 | | lights shall be
lighted only while the vehicle is within | 10 | | the limits of a construction
project.
| 11 | | (c) The use of blue oscillating, rotating or flashing | 12 | | lights, whether
lighted or unlighted, is prohibited except on:
| 13 | | 1. Rescue squad vehicles not owned by a fire department | 14 | | and
vehicles owned or operated by a:
| 15 | | voluntary firefighter;
| 16 | | paid firefighter;
| 17 | | part-paid firefighter;
| 18 | | call firefighter;
| 19 | | member of the board of trustees of a fire | 20 | | protection district;
| 21 | | paid or unpaid member of a rescue squad;
| 22 | | paid or unpaid member of a voluntary ambulance | 23 | | unit; or
| 24 | | paid or unpaid members of a local or county | 25 | | emergency management
services agency as defined in the | 26 | | Illinois Emergency Management Agency Act,
designated |
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| 1 | | or authorized by local authorities, in writing, and | 2 | | carrying that
designation or authorization in the | 3 | | vehicle.
| 4 | | However, such lights are not to be lighted except when | 5 | | responding to a
bona fide emergency or when parked or | 6 | | stationary at the scene of a fire, rescue call, ambulance | 7 | | call, or motor vehicle accident.
| 8 | | Any person using these lights in accordance with this | 9 | | subdivision (c)1 must carry on his or her person an | 10 | | identification card or letter identifying the bona fide | 11 | | member of a fire department, fire protection district, | 12 | | rescue squad, ambulance unit, or emergency management | 13 | | services agency that owns or operates that vehicle. The | 14 | | card or letter must include: | 15 | | (A) the name of the fire department, fire | 16 | | protection district, rescue squad, ambulance unit, or | 17 | | emergency management services agency; | 18 | | (B) the member's position within the fire | 19 | | department, fire protection district, rescue squad, | 20 | | ambulance unit, or emergency management services | 21 | | agency; | 22 | | (C) the member's term of service; and | 23 | | (D) the name of a person within the fire | 24 | | department, fire protection district, rescue squad, | 25 | | ambulance unit, or emergency management services | 26 | | agency to contact to verify the information provided.
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| 1 | | 2. Police department vehicles in cities having a | 2 | | population of 500,000
or more inhabitants.
| 3 | | 3. Law enforcement vehicles of State or local | 4 | | authorities when used in
combination with red oscillating, | 5 | | rotating or flashing lights.
| 6 | | 4. Vehicles of local fire departments and State or | 7 | | federal
firefighting vehicles when used in combination | 8 | | with red oscillating,
rotating or flashing lights.
| 9 | | 5. Vehicles which are designed and used exclusively as | 10 | | ambulances or
rescue vehicles when used in combination with | 11 | | red oscillating, rotating or
flashing lights; furthermore, | 12 | | such lights shall not be lighted except when
responding to | 13 | | an emergency call.
| 14 | | 6. Vehicles that are equipped and used exclusively as | 15 | | organ transport
vehicles when used in combination with red | 16 | | oscillating, rotating, or flashing
lights; furthermore, | 17 | | these lights shall only be lighted when the transportation
| 18 | | is declared an emergency by a member of the transplant team | 19 | | or a
representative of the organ procurement organization.
| 20 | | 7. Vehicles of the Illinois Emergency Management | 21 | | Agency, vehicles of the Office of the Illinois State Fire | 22 | | Marshal, vehicles of the Illinois Department of Public | 23 | | Health, and vehicles of
the
Department of Nuclear Safety, | 24 | | when used in combination with red oscillating,
rotating, or | 25 | | flashing lights.
| 26 | | 8. Vehicles operated by a local or county emergency |
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| 1 | | management
services agency as defined in the Illinois | 2 | | Emergency Management Agency
Act, when used in combination | 3 | | with red oscillating, rotating, or
flashing lights.
| 4 | | 9. Vehicles of the Illinois Department of Natural | 5 | | Resources that are used for mine rescue and explosives | 6 | | emergency response, when used in combination with red | 7 | | oscillating,
rotating, or flashing lights. | 8 | | (c-1) In addition to the blue oscillating, rotating, or | 9 | | flashing
lights permitted under subsection (c), and | 10 | | notwithstanding subsection
(a), a vehicle operated by a | 11 | | voluntary firefighter, a voluntary member
of a rescue squad, or | 12 | | a member of a voluntary ambulance unit may be
equipped with | 13 | | flashing white headlights and blue grill lights, which may
be | 14 | | used only in responding to an emergency call or when parked or | 15 | | stationary at the scene of a fire, rescue call, ambulance call, | 16 | | or motor vehicle accident.
| 17 | | (c-2) In addition to the blue oscillating, rotating, or | 18 | | flashing
lights permitted under subsection (c), and | 19 | | notwithstanding subsection (a),
a vehicle operated by a paid or | 20 | | unpaid member of a local or county
emergency management | 21 | | services agency as defined in the Illinois Emergency
Management | 22 | | Agency Act, may be equipped with white oscillating, rotating,
| 23 | | or flashing lights to be used in combination with blue | 24 | | oscillating, rotating,
or flashing lights, if authorization by | 25 | | local authorities is in
writing and carried in the vehicle.
| 26 | | (d) The use of a combination of amber and white |
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| 1 | | oscillating, rotating or
flashing lights, whether lighted or | 2 | | unlighted, is prohibited except motor
vehicles or equipment of | 3 | | the State of Illinois, local authorities, contractors,
and | 4 | | union representatives may be so equipped; furthermore, such | 5 | | lights shall
not be lighted on vehicles of the State of | 6 | | Illinois, local authorities, and
contractors except while such | 7 | | vehicles are engaged in highway maintenance or
construction | 8 | | operations within the limits of highway construction projects, | 9 | | and
shall not be lighted on the vehicles of union | 10 | | representatives except when those
vehicles are within the | 11 | | limits of a construction project.
| 12 | | (e) All oscillating, rotating or flashing lights referred | 13 | | to in this Section
shall be of sufficient intensity, when | 14 | | illuminated, to be visible at 500
feet in normal sunlight.
| 15 | | (f) Nothing in this Section shall prohibit a manufacturer | 16 | | of oscillating,
rotating or flashing lights or his | 17 | | representative or authorized vendor from temporarily mounting
| 18 | | such lights on a vehicle for demonstration purposes only. If | 19 | | the lights are not covered while the vehicle is operated upon a | 20 | | highway, the vehicle shall display signage indicating that the | 21 | | vehicle is out of service or not an emergency vehicle. The | 22 | | signage shall be displayed on all sides of the vehicle in | 23 | | letters at least 2 inches tall and one-half inch wide. A | 24 | | vehicle authorized to have oscillating,
rotating, or flashing | 25 | | lights mounted for demonstration purposes may not activate the | 26 | | lights while the vehicle is operated upon a highway.
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| 1 | | (g) Any person violating the provisions of subsections (a), | 2 | | (b), (c) or (d)
of this Section who without lawful authority | 3 | | stops or detains or attempts
to stop or detain another person | 4 | | shall be guilty of a Class 2 felony.
| 5 | | (h) Except as provided in subsection (g) above, any person | 6 | | violating the
provisions of subsections (a) or (c) of this | 7 | | Section shall be guilty of a
Class A misdemeanor.
| 8 | | (Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10; | 9 | | 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; revised 9-15-11.)
| 10 | | (625 ILCS 5/12-609) (from Ch. 95 1/2, par. 12-609)
| 11 | | Sec. 12-609.
(a) No official or employee of the State, any
| 12 | | political subdivision thereof,
any county, municipality, or | 13 | | local authority,
and no
owner or employee of any new vehicle | 14 | | dealer, used vehicle dealer, or vehicle
auctioneer shall
sell, | 15 | | trade or otherwise dispose of any motor
vehicle bearing | 16 | | equipment, markings, or other indicia of police
authority | 17 | | unless, prior to delivery of the vehicle, the equipment and
| 18 | | markings have been sufficiently altered or obliterated to | 19 | | remove the
appearance of such authority.
| 20 | | (b) A person may not operate on the highways of this State | 21 | | a vehicle
bearing the equipment, markings, or other indicia of | 22 | | police authority, unless
the vehicle is an authorized emergency | 23 | | vehicle as defined in Section 1-105 of
this Code.
| 24 | | (c) This Section does not apply to vehicles bearing indicia | 25 | | of police
authority that are antique vehicles, as defined in |
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| 1 | | Section 1-102.1, and are
registered as antique vehicles, as | 2 | | provided in Section 3-804.
| 3 | | (c-5) Nothing in this Section shall prohibit a manufacturer | 4 | | of authorized emergency vehicle equipment, markings, or other | 5 | | indicia, or the manufacturer's representative or authorized | 6 | | vendor, from temporarily mounting
the equipment, markings, or | 7 | | other indicia on a vehicle for demonstration purposes only. If | 8 | | the equipment, markings, or other indicia are not covered while | 9 | | the vehicle is operated upon a highway, the vehicle shall | 10 | | display signage indicating that the vehicle is out of service | 11 | | or not an emergency vehicle. The signage shall be displayed on | 12 | | all sides of the vehicle in letters at least 2 inches tall and | 13 | | one-half inch wide. | 14 | | (d) Any police officer is authorized to seize any vehicle | 15 | | that is in
violation of this Section and to impound that | 16 | | vehicle, at the owner's expense,
until any equipment, markings, | 17 | | or other indicia of police authority have been
sufficiently | 18 | | removed, altered, or obliterated to remove the appearance of
| 19 | | police
authority.
| 20 | | (e) A person convicted of violating this Section is guilty | 21 | | of a petty
offense and subject to a fine of not less than $500 | 22 | | and not more than $1,000.
| 23 | | (Source: P.A. 93-513, eff. 1-1-04.)
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