HB4255 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4255

 

Introduced 1/16/2024, by Rep. Amy Elik and Kevin Schmidt

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-907  from Ch. 95 1/2, par. 11-907
625 ILCS 5/12-215

    Amends the Illinois Vehicle Code. Allows the use of red, blue, and white oscillating, rotating, or flashing lights on tow trucks.


LRB103 34476 MXP 64307 b

 

 

A BILL FOR

 

HB4255LRB103 34476 MXP 64307 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 11-907 and 12-215 as follows:
 
6    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
7    Sec. 11-907. Operation of vehicles and streetcars on
8approach of authorized emergency vehicles.
9    (a) Upon the immediate approach of an authorized emergency
10vehicle making use of audible and visual signals meeting the
11requirements of this Code or a police vehicle properly and
12lawfully making use of an audible or visual signal:
13        (1) the driver of every other vehicle shall yield the
14    right-of-way and shall immediately drive to a position
15    parallel to, and as close as possible to, the right-hand
16    edge or curb of the highway clear of any intersection and
17    shall, if necessary to permit the safe passage of the
18    emergency vehicle, stop and remain in such position until
19    the authorized emergency vehicle has passed, unless
20    otherwise directed by a police officer; and
21        (2) the operator of every streetcar shall immediately
22    stop such car clear of any intersection and keep it in such
23    position until the authorized emergency vehicle has

 

 

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1    passed, unless otherwise directed by a police officer.
2    (b) This Section shall not operate to relieve the driver
3of an authorized emergency vehicle from the duty to drive with
4due regard for the safety of all persons using the highway.
5    (c) Upon approaching a stationary authorized emergency
6vehicle, when the authorized emergency vehicle is giving a
7signal by displaying alternately flashing red, red and white,
8blue, or red and blue, or red, blue, and white lights or amber
9or yellow warning lights, a person who drives an approaching
10vehicle shall:
11        (1) proceeding with due caution, yield the
12    right-of-way by making a lane change into a lane not
13    adjacent to that of the authorized emergency vehicle, if
14    possible with due regard to safety and traffic conditions,
15    if on a highway having at least 4 lanes with not less than
16    2 lanes proceeding in the same direction as the
17    approaching vehicle; or
18        (2) if changing lanes would be impossible or unsafe,
19    proceeding with due caution, reduce the speed of the
20    vehicle, maintaining a safe speed for road conditions and
21    leaving a safe distance until safely past the stationary
22    emergency vehicles.
23    The visual signal specified under this subsection (c)
24given by an authorized emergency vehicle is an indication to
25drivers of approaching vehicles that a hazardous condition is
26present when circumstances are not immediately clear. Drivers

 

 

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1of vehicles approaching a stationary emergency vehicle in any
2lane shall heed the warning of the signal, reduce the speed of
3the vehicle, proceed with due caution, maintain a safe speed
4for road conditions, be prepared to stop, and leave a safe
5distance until safely passed the stationary emergency vehicle.
6    As used in this subsection (c), "authorized emergency
7vehicle" includes any vehicle authorized by law to be equipped
8with oscillating, rotating, or flashing lights under Section
912-215 of this Code, while the owner or operator of the vehicle
10is engaged in his or her official duties.
11    (d) A person who violates subsection (c) of this Section
12commits a business offense punishable by a fine of not less
13than $250 or more than $10,000 for a first violation, and a
14fine of not less than $750 or more than $10,000 for a second or
15subsequent violation. It is a factor in aggravation if the
16person committed the offense while in violation of Section
1711-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
18penalties authorized by this subsection (d) for a violation of
19subsection (c) of this Section that results in the death of
20another person does not preclude imposition of appropriate
21additional civil or criminal penalties. A person who violates
22subsection (c) and the violation results in damage to another
23vehicle commits a Class A misdemeanor. A person who violates
24subsection (c) and the violation results in the injury or
25death of another person commits a Class 4 felony.
26    (e) If a violation of subsection (c) of this Section

 

 

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1results in damage to the property of another person, in
2addition to any other penalty imposed, the person's driving
3privileges shall be suspended for a fixed period of not less
4than 90 days and not more than one year.
5    (f) If a violation of subsection (c) of this Section
6results in injury to another person, in addition to any other
7penalty imposed, the person's driving privileges shall be
8suspended for a fixed period of not less than 180 days and not
9more than 2 years.
10    (g) If a violation of subsection (c) of this Section
11results in the death of another person, in addition to any
12other penalty imposed, the person's driving privileges shall
13be suspended for 2 years.
14    (h) The Secretary of State shall, upon receiving a record
15of a judgment entered against a person under subsection (c) of
16this Section:
17        (1) suspend the person's driving privileges for the
18    mandatory period; or
19        (2) extend the period of an existing suspension by the
20    appropriate mandatory period.
21    (i) The Scott's Law Fund shall be a special fund in the
22State treasury. Subject to appropriation by the General
23Assembly and approval by the Director, the Director of the
24State Police shall use all moneys in the Scott's Law Fund in
25the Department's discretion to fund the production of
26materials to educate drivers on approaching stationary

 

 

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1authorized emergency vehicles, to hire off-duty Illinois
2Department of State Police for enforcement of this Section,
3and for other law enforcement purposes the Director deems
4necessary in these efforts.
5    (j) For violations of this Section issued by a county or
6municipal police officer, the assessment shall be deposited
7into the county's or municipality's Transportation Safety
8Highway Hire-back Fund. The county shall use the moneys in its
9Transportation Safety Highway Hire-back Fund to hire off-duty
10county police officers to monitor construction or maintenance
11zones in that county on highways other than interstate
12highways. The county, in its discretion, may also use a
13portion of the moneys in its Transportation Safety Highway
14Hire-back Fund to purchase equipment for county law
15enforcement and fund the production of materials to educate
16drivers on construction zone safe driving habits and
17approaching stationary authorized emergency vehicles.
18    (k) In addition to other penalties imposed by this
19Section, the court may order a person convicted of a violation
20of subsection (c) to perform community service as determined
21by the court.
22(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
23102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
24    (625 ILCS 5/12-215)
25    Sec. 12-215. Oscillating, rotating, or flashing lights on

 

 

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1motor vehicles. Except as otherwise provided in this Code:
2    (a) The use of red or white oscillating, rotating, or
3flashing lights, whether lighted or unlighted, is prohibited
4except on:
5        1. Law enforcement vehicles of State, federal, or
6    local authorities;
7        2. A vehicle operated by a police officer or county
8    coroner and designated or authorized by local authorities,
9    in writing, as a law enforcement vehicle; however, such
10    designation or authorization must be carried in the
11    vehicle;
12        2.1. A vehicle operated by a fire chief, deputy fire
13    chief, or assistant fire chief who has completed an
14    emergency vehicle operation training course approved by
15    the Office of the State Fire Marshal and designated or
16    authorized by local authorities, fire departments, or fire
17    protection districts, in writing, as a fire department,
18    fire protection district, or township fire department
19    vehicle; however, the designation or authorization must be
20    carried in the vehicle, and the lights may be visible or
21    activated only when responding to a bona fide emergency;
22        3. Vehicles of local fire departments and State or
23    federal firefighting vehicles;
24        4. Vehicles which are designed and used exclusively as
25    ambulances or rescue vehicles; furthermore, such lights
26    shall not be lighted except when responding to an

 

 

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1    emergency call for and while actually conveying the sick
2    or injured;
3        4.5. Vehicles which are occasionally used as rescue
4    vehicles that have been authorized for use as rescue
5    vehicles by a volunteer EMS provider, provided that the
6    operator of the vehicle has successfully completed an
7    emergency vehicle operation training course recognized by
8    the Department of Public Health; furthermore, the lights
9    shall not be lighted except when responding to an
10    emergency call for 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 and Office of Homeland Security, vehicles of the
17    Office of the Illinois State Fire Marshal, vehicles of the
18    Illinois Department of Public Health, vehicles of the
19    Illinois Department of Corrections, and vehicles of the
20    Illinois Department of Juvenile Justice;
21        7. Vehicles operated by a local or county emergency
22    management services agency as defined in the Illinois
23    Emergency Management Agency Act;
24        8. School buses operating alternately flashing head
25    lamps as permitted under Section 12-805 of this Code;
26        9. Vehicles that are equipped and used exclusively as

 

 

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1    organ transplant vehicles when used in combination with
2    blue oscillating, rotating, or flashing lights;
3    furthermore, these lights shall be lighted only when the
4    transportation is declared an emergency by a member of the
5    transplant team or a representative of the organ
6    procurement organization;
7        10. Vehicles of the Illinois Department of Natural
8    Resources that are used for mine rescue and explosives
9    emergency response;
10        11. Vehicles of the Illinois Department of
11    Transportation identified as Emergency Traffic Patrol; the
12    lights shall not be lighted except when responding to an
13    emergency call or when parked or stationary while engaged
14    in motor vehicle assistance or at the scene of the
15    emergency; and
16        12. Vehicles of the Illinois State Toll Highway
17    Authority with a gross vehicle weight rating of 9,000
18    pounds or more and those identified as Highway Emergency
19    Lane Patrol; the lights shall not be lighted except when
20    responding to an emergency call or when parked or
21    stationary while engaged in motor vehicle assistance or at
22    the scene of the emergency.
23    (b) The use of amber oscillating, rotating, or flashing
24lights, whether lighted or unlighted, is prohibited except on:
25        1. Second division vehicles designed and used for
26    towing or hoisting vehicles; furthermore, such lights

 

 

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1    shall not be lighted except as required in this paragraph
2    1; such lights shall be lighted when such vehicles are
3    actually being used at the scene of a crash or
4    disablement; if the towing vehicle is equipped with a flat
5    bed that supports all wheels of the vehicle being
6    transported, the lights shall not be lighted while the
7    vehicle is engaged in towing on a highway; if the towing
8    vehicle is not equipped with a flat bed that supports all
9    wheels of a vehicle being transported, the lights shall be
10    lighted while the towing vehicle is engaged in towing on a
11    highway during all times when the use of headlights is
12    required under Section 12-201 of this Code; in addition,
13    these vehicles may use white oscillating, rotating, or
14    flashing lights in combination with amber oscillating,
15    rotating, or flashing lights or red, blue, and white
16    oscillating, rotating, or flashing lights as provided in
17    this paragraph;
18        2. Motor vehicles or equipment of the State of
19    Illinois, the Illinois State Toll Highway Authority, local
20    authorities, and contractors; furthermore, such lights
21    shall not be lighted except while such vehicles are
22    engaged in maintenance or construction operations within
23    the limits of construction projects;
24        3. Vehicles or equipment used by engineering or survey
25    crews; furthermore, such lights shall not be lighted
26    except while such vehicles are actually engaged in work on

 

 

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1    a highway;
2        4. Vehicles of public utilities, municipalities, or
3    other construction, maintenance, or automotive service
4    vehicles except that such lights shall be lighted only as
5    a means for indicating the presence of a vehicular traffic
6    hazard requiring unusual care in approaching, overtaking,
7    or passing while such vehicles are engaged in maintenance,
8    service, or construction on a highway;
9        5. Oversized vehicle or load; however, such lights
10    shall only be lighted when moving under permit issued by
11    the Department under Section 15-301 of this Code;
12        6. The front and rear of motorized equipment owned and
13    operated by the State of Illinois or any political
14    subdivision thereof, which is designed and used for
15    removal of snow and ice from highways;
16        6.1. The front and rear of motorized equipment or
17    vehicles that (i) are not owned by the State of Illinois or
18    any political subdivision of the State, (ii) are designed
19    and used for removal of snow and ice from highways and
20    parking lots, and (iii) are equipped with a snow plow that
21    is 12 feet in width; these lights may not be lighted except
22    when the motorized equipment or vehicle is actually being
23    used for those purposes on behalf of a unit of government;
24        7. Fleet safety vehicles registered in another state,
25    furthermore, such lights shall not be lighted except as
26    provided for in Section 12-212 of this Code;

 

 

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1        8. Such other vehicles as may be authorized by local
2    authorities;
3        9. Law enforcement vehicles of State or local
4    authorities when used in combination with red oscillating,
5    rotating, or flashing lights;
6        9.5. Propane delivery trucks;
7        10. Vehicles used for collecting or delivering mail
8    for the United States Postal Service provided that such
9    lights shall not be lighted except when such vehicles are
10    actually being used for such purposes;
11        10.5. Vehicles of the Office of the Illinois State
12    Fire Marshal, provided that such lights shall not be
13    lighted except for when such vehicles are engaged in work
14    for the Office of the Illinois State Fire Marshal;
15        11. Any vehicle displaying a slow-moving vehicle
16    emblem as provided in Section 12-205.1;
17        12. All trucks equipped with self-compactors or
18    roll-off hoists and roll-on containers for garbage,
19    recycling, or refuse hauling. Such lights shall not be
20    lighted except when such vehicles are actually being used
21    for such purposes;
22        13. Vehicles used by a security company, alarm
23    responder, control agency, or the Illinois Department of
24    Corrections;
25        14. Security vehicles of the Department of Human
26    Services; however, the lights shall not be lighted except

 

 

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1    when being used for security related purposes under the
2    direction of the superintendent of the facility where the
3    vehicle is located; and
4        15. Vehicles of union representatives, except that the
5    lights shall be lighted only while the vehicle is within
6    the limits of a construction project.
7    (c) The use of blue oscillating, rotating, or flashing
8lights, whether lighted or unlighted, is prohibited except on:
9        1. Rescue squad vehicles not owned by a fire
10    department or fire protection district and vehicles owned
11    or operated by a:
12            voluntary firefighter;
13            paid firefighter;
14            part-paid firefighter;
15            call firefighter;
16            member of the board of trustees of a fire
17        protection district;
18            paid or unpaid member of a rescue squad;
19            paid or unpaid member of a voluntary ambulance
20        unit; or
21            paid or unpaid members of a local or county
22        emergency management services agency as defined in the
23        Illinois Emergency Management Agency Act, designated
24        or authorized by local authorities, in writing, and
25        carrying that designation or authorization in the
26        vehicle.

 

 

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1        However, such lights are not to be lighted except when
2    responding to a bona fide emergency or when parked or
3    stationary at the scene of a fire, rescue call, ambulance
4    call, or motor vehicle crash.
5        Any person using these lights in accordance with this
6    subdivision (c)1 must carry on his or her person an
7    identification card or letter identifying the bona fide
8    member of a fire department, fire protection district,
9    rescue squad, ambulance unit, or emergency management
10    services agency that owns or operates that vehicle. The
11    card or letter must include:
12            (A) the name of the fire department, fire
13        protection district, rescue squad, ambulance unit, or
14        emergency management services agency;
15            (B) the member's position within the fire
16        department, fire protection district, rescue squad,
17        ambulance unit, or emergency management services
18        agency;
19            (C) the member's term of service; and
20            (D) the name of a person within the fire
21        department, fire protection district, rescue squad,
22        ambulance unit, or emergency management services
23        agency to contact to verify the information provided.
24        2. Police department vehicles in cities having a
25    population of 500,000 or more inhabitants.
26        3. Law enforcement vehicles of State or local

 

 

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1    authorities when used in combination with red oscillating,
2    rotating, or flashing lights.
3        4. Vehicles of local fire departments and State or
4    federal firefighting vehicles when used in combination
5    with red oscillating, rotating, or flashing lights.
6        5. Vehicles which are designed and used exclusively as
7    ambulances or rescue vehicles when used in combination
8    with red oscillating, rotating, or flashing lights;
9    furthermore, such lights shall not be lighted except when
10    responding to an emergency call.
11        6. Vehicles that are equipped and used exclusively as
12    organ transport vehicles when used in combination with red
13    oscillating, rotating, or flashing lights; furthermore,
14    these lights shall only be lighted when the transportation
15    is declared an emergency by a member of the transplant
16    team or a representative of the organ procurement
17    organization.
18        7. Vehicles of the Illinois Emergency Management
19    Agency and Office of Homeland Security
, vehicles of the
20    Office of the Illinois State Fire Marshal, vehicles of the
21    Illinois Department of Public Health, vehicles of the
22    Illinois Department of Corrections, and vehicles of the
23    Illinois Department of Juvenile Justice, when used in
24    combination with red oscillating, rotating, or flashing
25    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
9flashing lights permitted under subsection (c), and
10notwithstanding subsection (a), a vehicle operated by a
11voluntary firefighter, a voluntary member of a rescue squad,
12or a member of a voluntary ambulance unit may be equipped with
13flashing white headlights and blue grill lights, which may be
14used only in responding to an emergency call or when parked or
15stationary at the scene of a fire, rescue call, ambulance
16call, or motor vehicle crash.
17    (c-2) In addition to the blue oscillating, rotating, or
18flashing lights permitted under subsection (c), and
19notwithstanding subsection (a), a vehicle operated by a paid
20or unpaid member of a local or county emergency management
21services agency as defined in the Illinois Emergency
22Management Agency Act, may be equipped with white oscillating,
23rotating, or flashing lights to be used in combination with
24blue oscillating, rotating, or flashing lights, if
25authorization by local authorities is in writing and carried
26in the vehicle.

 

 

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1    (d) The use of a combination of amber and white
2oscillating, rotating, or flashing lights, whether lighted or
3unlighted, is prohibited except on second division vehicles
4designed and used for towing or hoisting vehicles or motor
5vehicles or equipment of the State of Illinois, local
6authorities, contractors, and union representatives;
7furthermore, such lights shall not be lighted on second
8division vehicles designed and used for towing or hoisting
9vehicles or vehicles of the State of Illinois, local
10authorities, and contractors except while such vehicles are
11engaged in a tow operation, highway maintenance, or
12construction operations within the limits of highway
13construction projects, and shall not be lighted on the
14vehicles of union representatives except when those vehicles
15are within the limits of a construction project.
16    (e) All oscillating, rotating, or flashing lights referred
17to in this Section shall be of sufficient intensity, when
18illuminated, to be visible at 500 feet in normal sunlight.
19    (f) Nothing in this Section shall prohibit a manufacturer
20of oscillating, rotating, or flashing lights or his
21representative or authorized vendor from temporarily mounting
22such lights on a vehicle for demonstration purposes only. If
23the lights are not covered while the vehicle is operated upon a
24highway, the vehicle shall display signage indicating that the
25vehicle is out of service or not an emergency vehicle. The
26signage shall be displayed on all sides of the vehicle in

 

 

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1letters at least 2 inches tall and one-half inch wide. A
2vehicle authorized to have oscillating, rotating, or flashing
3lights mounted for demonstration purposes may not activate the
4lights while the vehicle is operated upon a highway.
5    (g) Any person violating the provisions of subsection (a),
6(b), (c), or (d) of this Section who without lawful authority
7stops or detains or attempts to stop or detain another person
8shall be guilty of a Class 2 felony.
9    (h) Except as provided in subsection (g) above, any person
10violating the provisions of subsection (a) or (c) of this
11Section shall be guilty of a Class A misdemeanor.
12(Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23;
13103-154, eff. 6-30-23.)