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

SB3495 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3495

 

Introduced 1/19/2022, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-105  from Ch. 95 1/2, par. 1-105
625 ILCS 5/1-120.7
625 ILCS 5/12-215  from Ch. 95 1/2, par. 12-215
625 ILCS 5/12-601.1

    Amends the Illinois Vehicle Code. Includes in the definition of "authorized emergency vehicle" a vehicle designated or authorized by a fire department or fire protection district. Includes in the definition of "fire department vehicle" a vehicle that is designated or authorized by a fire department or fire protection district. Permits the use of red or white oscillating, rotating or flashing lights on fire department or fire protection district vehicles. Permits the use of blue oscillating, rotating or flashing lights on rescue squad vehicles not owned by a fire protection district and on vehicles operated by certain persons designated or authorized by a fire department or fire protection district. Permits the installation of a traffic control signal preemption device on a vehicle belonging to a fire protection district.


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A BILL FOR

 

SB3495LRB102 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 1-105, 1-120.7, 12-215, and 12-601.1 as
6follows:
 
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, fire departments, or fire protection districts;
12police vehicles; vehicles of the fire department or fire
13protection district; vehicles of a HazMat or technical rescue
14team authorized by a county board under Section 5-1127 of the
15Counties Code; ambulances; vehicles of the Illinois Department
16of Corrections; vehicles of the Illinois Department of
17Juvenile Justice; vehicles of the Illinois Emergency
18Management Agency; vehicles of the Office of the Illinois
19State Fire Marshal; mine rescue and explosives emergency
20response vehicles of the Department of Natural Resources;
21vehicles of the Illinois Department of Public Health; vehicles
22of the Illinois State Toll Highway Authority with a gross
23vehicle weight rating of 9,000 pounds or more and those

 

 

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1identified as Highway Emergency Lane Patrol; vehicles of the
2Illinois Department of Transportation identified as Emergency
3Traffic Patrol; and vehicles of a municipal or county
4emergency services and disaster agency, as defined by the
5Illinois Emergency Management Agency Act.
6(Source: P.A. 100-62, eff. 8-11-17.)
 
7    (625 ILCS 5/1-120.7)
8    Sec. 1-120.7. Fire department vehicle. Any vehicle,
9bicycle, or electric personal assistive mobility device that
10is designated or authorized by proper local authorities, fire
11departments, or fire protection districts for fire department
12or fire protection district use.
13(Source: P.A. 95-28, eff. 8-7-07.)
 
14    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
15    Sec. 12-215. Oscillating, rotating or flashing lights on
16motor vehicles. Except as otherwise provided in this Code:
17    (a) The use of red or white oscillating, rotating or
18flashing lights, whether lighted or unlighted, is prohibited
19except on:
20        1. Law enforcement vehicles of State, Federal or local
21    authorities;
22        2. A vehicle operated by a police officer or county
23    coroner and designated or authorized by local authorities,
24    in writing, as a law enforcement vehicle; however, such

 

 

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1    designation or authorization must be carried in the
2    vehicle;
3        2.1. A vehicle operated by a fire chief, deputy fire
4    chief, or assistant fire chief who has completed an
5    emergency vehicle operation training course approved by
6    the Office of the State Fire Marshal and designated or
7    authorized by local authorities, fire departments, or fire
8    protection districts, in writing, as a fire department,
9    fire protection district, or township fire department
10    vehicle; however, the designation or authorization must be
11    carried in the vehicle, and the lights may be visible or
12    activated only when responding to a bona fide emergency;
13        3. Vehicles of local fire departments and State or
14    federal firefighting vehicles;
15        4. Vehicles which are designed and used exclusively as
16    ambulances or rescue vehicles; furthermore, such lights
17    shall not be lighted except when responding to an
18    emergency call for and while actually conveying the sick
19    or injured;
20        4.5. Vehicles which are occasionally used as rescue
21    vehicles that have been authorized for use as rescue
22    vehicles by a volunteer EMS provider, provided that the
23    operator of the vehicle has successfully completed an
24    emergency vehicle operation training course recognized by
25    the Department of Public Health; furthermore, the lights
26    shall not be lighted except when responding to an

 

 

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1    emergency call for the sick or injured;
2        5. Tow trucks licensed in a state that requires such
3    lights; furthermore, such lights shall not be lighted on
4    any such tow truck while the tow truck is operating in the
5    State of Illinois;
6        6. Vehicles of the Illinois Emergency Management
7    Agency, vehicles of the Office of the Illinois State Fire
8    Marshal, vehicles of the Illinois Department of Public
9    Health, vehicles of the Illinois Department of
10    Corrections, and vehicles of the Illinois Department of
11    Juvenile Justice;
12        7. Vehicles operated by a local or county emergency
13    management services agency as defined in the Illinois
14    Emergency Management Agency Act;
15        8. School buses operating alternately flashing head
16    lamps as permitted under Section 12-805 of this Code;
17        9. Vehicles that are equipped and used exclusively as
18    organ transplant vehicles when used in combination with
19    blue oscillating, rotating, or flashing lights;
20    furthermore, these lights shall be lighted only when the
21    transportation is declared an emergency by a member of the
22    transplant team or a representative of the organ
23    procurement organization;
24        10. Vehicles of the Illinois Department of Natural
25    Resources that are used for mine rescue and explosives
26    emergency response;

 

 

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

 

 

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1    lighted while the towing vehicle is engaged in towing on a
2    highway during all times when the use of headlights is
3    required under Section 12-201 of this Code; in addition,
4    these vehicles may use white oscillating, rotating, or
5    flashing lights in combination with amber oscillating,
6    rotating, or flashing lights as provided in this
7    paragraph;
8        2. Motor vehicles or equipment of the State of
9    Illinois, the Illinois State Toll Highway Authority, local
10    authorities and contractors; furthermore, such lights
11    shall not be lighted except while such vehicles are
12    engaged in maintenance or construction operations within
13    the limits of construction projects;
14        3. Vehicles or equipment used by engineering or survey
15    crews; furthermore, such lights shall not be lighted
16    except while such vehicles are actually engaged in work on
17    a highway;
18        4. Vehicles of public utilities, municipalities, or
19    other construction, maintenance or automotive service
20    vehicles except that such lights shall be lighted only as
21    a means for indicating the presence of a vehicular traffic
22    hazard requiring unusual care in approaching, overtaking
23    or passing while such vehicles are engaged in maintenance,
24    service or construction on a highway;
25        5. Oversized vehicle or load; however, such lights
26    shall only be lighted when moving under permit issued by

 

 

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1    the Department under Section 15-301 of this Code;
2        6. The front and rear of motorized equipment owned and
3    operated by the State of Illinois or any political
4    subdivision thereof, which is designed and used for
5    removal of snow and ice from highways;
6        6.1. The front and rear of motorized equipment or
7    vehicles that (i) are not owned by the State of Illinois or
8    any political subdivision of the State, (ii) are designed
9    and used for removal of snow and ice from highways and
10    parking lots, and (iii) are equipped with a snow plow that
11    is 12 feet in width; these lights may not be lighted except
12    when the motorized equipment or vehicle is actually being
13    used for those purposes on behalf of a unit of government;
14        7. Fleet safety vehicles registered in another state,
15    furthermore, such lights shall not be lighted except as
16    provided for in Section 12-212 of this Code;
17        8. Such other vehicles as may be authorized by local
18    authorities;
19        9. Law enforcement vehicles of State or local
20    authorities when used in combination with red oscillating,
21    rotating or flashing lights;
22        9.5. Propane delivery trucks;
23        10. Vehicles used for collecting or delivering mail
24    for the United States Postal Service provided that such
25    lights shall not be lighted except when such vehicles are
26    actually being used for such purposes;

 

 

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1        10.5. Vehicles of the Office of the Illinois State
2    Fire Marshal, provided that such lights shall not be
3    lighted except for when such vehicles are engaged in work
4    for the Office of the Illinois State Fire Marshal;
5        11. Any vehicle displaying a slow-moving vehicle
6    emblem as provided in Section 12-205.1;
7        12. All trucks equipped with self-compactors or
8    roll-off hoists and roll-on containers for garbage,
9    recycling, or refuse hauling. Such lights shall not be
10    lighted except when such vehicles are actually being used
11    for such purposes;
12        13. Vehicles used by a security company, alarm
13    responder, control agency, or the Illinois Department of
14    Corrections;
15        14. Security vehicles of the Department of Human
16    Services; however, the lights shall not be lighted except
17    when being used for security related purposes under the
18    direction of the superintendent of the facility where the
19    vehicle is located; and
20        15. Vehicles of union representatives, except that the
21    lights shall be lighted only while the vehicle is within
22    the limits of a construction project.
23    (c) The use of blue oscillating, rotating or flashing
24lights, whether lighted or unlighted, is prohibited except on:
25        1. Rescue squad vehicles not owned by a fire
26    department or fire protection district and vehicles owned

 

 

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

 

 

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

 

 

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1        6. Vehicles that are equipped and used exclusively as
2    organ transport vehicles when used in combination with red
3    oscillating, rotating, or flashing lights; furthermore,
4    these lights shall only be lighted when the transportation
5    is declared an emergency by a member of the transplant
6    team or a representative of the organ procurement
7    organization.
8        7. Vehicles of the Illinois Emergency Management
9    Agency, vehicles of the Office of the Illinois State Fire
10    Marshal, vehicles of the Illinois Department of Public
11    Health, vehicles of the Illinois Department of
12    Corrections, and vehicles of the Illinois Department of
13    Juvenile Justice, when used in combination with red
14    oscillating, rotating, or flashing lights.
15        8. Vehicles operated by a local or county emergency
16    management services agency as defined in the Illinois
17    Emergency Management Agency Act, when used in combination
18    with red oscillating, rotating, or flashing lights.
19        9. Vehicles of the Illinois Department of Natural
20    Resources that are used for mine rescue and explosives
21    emergency response, when used in combination with red
22    oscillating, rotating, or flashing lights.
23    (c-1) In addition to the blue oscillating, rotating, or
24flashing lights permitted under subsection (c), and
25notwithstanding subsection (a), a vehicle operated by a
26voluntary firefighter, a voluntary member of a rescue squad,

 

 

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1or a member of a voluntary ambulance unit may be equipped with
2flashing white headlights and blue grill lights, which may be
3used only in responding to an emergency call or when parked or
4stationary at the scene of a fire, rescue call, ambulance
5call, or motor vehicle accident.
6    (c-2) In addition to the blue oscillating, rotating, or
7flashing lights permitted under subsection (c), and
8notwithstanding subsection (a), a vehicle operated by a paid
9or unpaid member of a local or county emergency management
10services agency as defined in the Illinois Emergency
11Management Agency Act, may be equipped with white oscillating,
12rotating, or flashing lights to be used in combination with
13blue oscillating, rotating, or flashing lights, if
14authorization by local authorities is in writing and carried
15in the vehicle.
16    (d) The use of a combination of amber and white
17oscillating, rotating or flashing lights, whether lighted or
18unlighted, is prohibited except on second division vehicles
19designed and used for towing or hoisting vehicles or motor
20vehicles or equipment of the State of Illinois, local
21authorities, contractors, and union representatives;
22furthermore, such lights shall not be lighted on second
23division vehicles designed and used for towing or hoisting
24vehicles or vehicles of the State of Illinois, local
25authorities, and contractors except while such vehicles are
26engaged in a tow operation, highway maintenance, or

 

 

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1construction operations within the limits of highway
2construction projects, and shall not be lighted on the
3vehicles of union representatives except when those vehicles
4are within the limits of a construction project.
5    (e) All oscillating, rotating or flashing lights referred
6to in this Section shall be of sufficient intensity, when
7illuminated, to be visible at 500 feet in normal sunlight.
8    (f) Nothing in this Section shall prohibit a manufacturer
9of oscillating, rotating or flashing lights or his
10representative or authorized vendor from temporarily mounting
11such lights on a vehicle for demonstration purposes only. If
12the lights are not covered while the vehicle is operated upon a
13highway, the vehicle shall display signage indicating that the
14vehicle is out of service or not an emergency vehicle. The
15signage shall be displayed on all sides of the vehicle in
16letters at least 2 inches tall and one-half inch wide. A
17vehicle authorized to have oscillating, rotating, or flashing
18lights mounted for demonstration purposes may not activate the
19lights while the vehicle is operated upon a highway.
20    (g) Any person violating the provisions of subsections
21(a), (b), (c) or (d) of this Section who without lawful
22authority stops or detains or attempts to stop or detain
23another person shall be guilty of a Class 2 felony.
24    (h) Except as provided in subsection (g) above, any person
25violating the provisions of subsections (a) or (c) of this
26Section shall be guilty of a Class A misdemeanor.

 

 

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1(Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20.)
 
2    (625 ILCS 5/12-601.1)
3    Sec. 12-601.1. Traffic control signal preemption devices.
4    (a) As used in this Section, "traffic control signal
5preemption device" means any device, either mechanical or
6electrical, that emits a pulse of light or other signal that,
7when received by a detector attached to a traffic control
8signal, changes that traffic control signal to a green light
9or, if the traffic control signal is already green, extends
10the duration of the green light.
11    (b) Except as provided in subsection (d), a traffic
12control signal preemption device may not be installed on a
13motor vehicle, may not be transported in the passenger
14compartment of a motor vehicle, and may not be operated by the
15driver or passenger of a motor vehicle.
16    Violation of this subsection (b) is a Class A misdemeanor,
17punishable by a fine of $1,000 in addition to any other penalty
18that may be imposed.
19    (c) A retailer or manufacturer may not sell a traffic
20control signal preemption device to any person or entity for
21any intended use other than operation as permitted under
22subsection (d).
23    Violation of this subsection (c) is a Class A misdemeanor,
24punishable by a fine of $5,000 for each sale of each device, in
25addition to any other penalty that may be imposed.

 

 

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1    (d) Installation of a traffic control signal preemption
2device is permitted on the following vehicles, and operation
3of the device is permitted as follows:
4        (1) Police department vehicles, when responding to a
5    bona fide emergency, when used in combination with red or
6    blue oscillating, rotating, or flashing lights.
7        (2) Law enforcement vehicles of State or local
8    authorities, when responding to a bona fide emergency,
9    when used in combination with red oscillating, rotating,
10    or flashing lights.
11        (3) Vehicles of local fire departments, fire
12    protection districts, and State or federal firefighting
13    vehicles, when responding to a bona fide emergency, when
14    used in combination with red oscillating, rotating, or
15    flashing lights.
16        (4) Vehicles that are designed and used exclusively as
17    ambulances or rescue vehicles, when responding to a bona
18    fide emergency, when used in combination with red
19    oscillating, rotating, or flashing lights.
20        (5) Vehicles that are equipped and used exclusively as
21    organ transport vehicles, when the transportation is
22    declared an emergency by a member of the transplant team
23    or a representative of the organ procurement organization,
24    when used in combination with red oscillating, rotating,
25    or flashing lights.
26        (6) Vehicles of the Illinois Emergency Management

 

 

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1    Agency and vehicles of the Department of Nuclear Safety,
2    when responding to a bona fide emergency, when used in
3    combination with red oscillating, rotating, or flashing
4    lights.
5        (7) Commuter buses owned by any political subdivision
6    of this State, operated either by the political
7    subdivision or its lessee or agent, and offering
8    short-haul for-hire regularly scheduled passenger
9    transportation service, over regular routes with fixed
10    schedules, within metropolitan and suburban areas, when
11    used to extend the duration of an already green light to
12    meet schedules.
13        (8) Vehicles used for snow removal owned by any
14    political subdivision of this State, operated either by
15    the political subdivision or its lessee or agent, when
16    used during a snow emergency in combination with yellow or
17    amber oscillating, rotating, or flashing lights, when used
18    to extend the duration of an already green light.
19    (e) This Section does not prohibit use by motorcycles of
20electronic or magnetic safety devices designed to allow
21traffic control signal systems to recognize or detect
22motorcycles.
23(Source: P.A. 93-80, eff. 7-2-03.)