HB4255eng 103RD GENERAL ASSEMBLY

 


 
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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 11-213, 11-907, and 12-215 as follows:
 
6    (625 ILCS 5/11-213)
7    Sec. 11-213. Power of a fire department officer; highway
8or lane closure. In the absence of a law enforcement officer or
9a representative of the highway agency having jurisdiction
10over the highway, an officer of a fire department, in the
11performance of his or her official duties, has the authority
12to close to traffic a highway, or a lane or lanes of a highway,
13as necessary to protect the safety of persons or property. In
14order to promote the safe implementation of this Section, the
15fire department officer shall utilize an official fire
16department vehicle with lighted red or white oscillating,
17rotating, or flashing lights in accordance with Section 12-215
18of this Code and proper temporary traffic control in
19accordance with the sections of the Illinois Manual on Uniform
20Traffic Control Devices concerning temporary traffic control
21and incident management. The officer should also receive
22training in safe practices for accomplishing these tasks near
23traffic. This Section does not apply to highways under the

 

 

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1jurisdiction of the Illinois State Toll Highway Authority. As
2used in this Section, "highway" has the meaning set forth in
3Section 1-126 of this Code.
4(Source: P.A. 95-803, eff. 1-1-09.)
 
5    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
6    Sec. 11-907. Operation of vehicles and streetcars on
7approach of authorized emergency vehicles.
8    (a) Upon the immediate approach of an authorized emergency
9vehicle making use of audible and visual signals meeting the
10requirements of this Code or a police vehicle properly and
11lawfully making use of an audible or visual signal:
12        (1) the driver of every other vehicle shall yield the
13    right-of-way and shall immediately drive to a position
14    parallel to, and as close as possible to, the right-hand
15    edge or curb of the highway clear of any intersection and
16    shall, if necessary to permit the safe passage of the
17    emergency vehicle, stop and remain in such position until
18    the authorized emergency vehicle has passed, unless
19    otherwise directed by a police officer; and
20        (2) the operator of every streetcar shall immediately
21    stop such car clear of any intersection and keep it in such
22    position until the authorized emergency vehicle has
23    passed, unless otherwise directed by a police officer.
24    (b) This Section shall not operate to relieve the driver
25of an authorized emergency vehicle from the duty to drive with

 

 

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1due regard for the safety of all persons using the highway.
2    (c) Upon approaching a stationary authorized emergency
3vehicle, when the authorized emergency vehicle is giving a
4visual signal by displaying oscillating, rotating, or
5alternately flashing lights as authorized under Section 12-215
6of this Code red, red and white, blue, or red and blue lights
7or amber or yellow warning lights, a person who drives an
8approaching vehicle shall:
9        (1) proceeding with due caution, yield the
10    right-of-way by making a lane change into a lane not
11    adjacent to that of the authorized emergency vehicle, if
12    possible with due regard to safety and traffic conditions,
13    if on a highway having at least 4 lanes with not less than
14    2 lanes proceeding in the same direction as the
15    approaching vehicle; or
16        (2) if changing lanes would be impossible or unsafe,
17    proceeding with due caution, reduce the speed of the
18    vehicle, maintaining a safe speed for road conditions and
19    leaving a safe distance until safely past the stationary
20    emergency vehicles.
21    The visual signal specified under this subsection (c)
22given by an authorized emergency vehicle is an indication to
23drivers of approaching vehicles that a hazardous condition is
24present when circumstances are not immediately clear. Drivers
25of vehicles approaching a stationary emergency vehicle in any
26lane shall heed the warning of the signal, reduce the speed of

 

 

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1the vehicle, proceed with due caution, maintain a safe speed
2for road conditions, be prepared to stop, and leave a safe
3distance until safely passed the stationary emergency vehicle.
4    As used in this subsection (c), "authorized emergency
5vehicle" includes any vehicle authorized by law to be equipped
6with oscillating, rotating, or flashing lights under Section
712-215 of this Code, while the owner or operator of the vehicle
8is engaged in his or her official duties.
9    (d) A person who violates subsection (c) of this Section
10commits a business offense punishable by a fine of not less
11than $250 or more than $10,000 for a first violation, and a
12fine of not less than $750 or more than $10,000 for a second or
13subsequent violation. It is a factor in aggravation if the
14person committed the offense while in violation of Section
1511-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
16penalties authorized by this subsection (d) for a violation of
17subsection (c) of this Section that results in the death of
18another person does not preclude imposition of appropriate
19additional civil or criminal penalties. A person who violates
20subsection (c) and the violation results in damage to another
21vehicle commits a Class A misdemeanor. A person who violates
22subsection (c) and the violation results in the injury or
23death of another person commits a Class 4 felony.
24    (e) If a violation of subsection (c) of this Section
25results in damage to the property of another person, in
26addition to any other penalty imposed, the person's driving

 

 

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

 

 

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1and for other law enforcement purposes the Director deems
2necessary in these efforts.
3    (j) For violations of this Section issued by a county or
4municipal police officer, the assessment shall be deposited
5into the county's or municipality's Transportation Safety
6Highway Hire-back Fund. The county shall use the moneys in its
7Transportation Safety Highway Hire-back Fund to hire off-duty
8county police officers to monitor construction or maintenance
9zones in that county on highways other than interstate
10highways. The county, in its discretion, may also use a
11portion of the moneys in its Transportation Safety Highway
12Hire-back Fund to purchase equipment for county law
13enforcement and fund the production of materials to educate
14drivers on construction zone safe driving habits and
15approaching stationary authorized emergency vehicles.
16    (k) In addition to other penalties imposed by this
17Section, the court may order a person convicted of a violation
18of subsection (c) to perform community service as determined
19by the court.
20(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
21102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
22    (625 ILCS 5/12-215)
23    Sec. 12-215. Oscillating, rotating, or flashing lights on
24motor vehicles. Except as otherwise provided in this Code:
25    (a) The use of red or white oscillating, rotating, or

 

 

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

 

 

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1        4.5. Vehicles which are occasionally used as rescue
2    vehicles that have been authorized for use as rescue
3    vehicles by a volunteer EMS provider, provided that the
4    operator of the vehicle has successfully completed an
5    emergency vehicle operation training course recognized by
6    the Department of Public Health; furthermore, the lights
7    shall not be lighted except when responding to an
8    emergency call for the sick or injured;
9        5. Tow trucks licensed in a state that requires such
10    lights; furthermore, such lights shall not be lighted on
11    any such tow truck while the tow truck is operating in the
12    State of Illinois;
13        6. Vehicles of the Illinois Emergency Management
14    Agency, vehicles of the Office of the Illinois State Fire
15    Marshal, vehicles of the Illinois Department of Public
16    Health, vehicles of the Illinois Department of
17    Corrections, and vehicles of the Illinois Department of
18    Juvenile Justice;
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;
5        10. Vehicles of the Illinois Department of Natural
6    Resources that are used for mine rescue and explosives
7    emergency response;
8        11. Vehicles of the Illinois Department of
9    Transportation identified as Emergency Traffic Patrol; the
10    lights shall not be lighted except when responding to an
11    emergency call or when parked or stationary while engaged
12    in motor vehicle assistance or at the scene of the
13    emergency; and
14        12. Vehicles of the Illinois State Toll Highway
15    Authority with a gross vehicle weight rating of 9,000
16    pounds or more and those identified as Highway Emergency
17    Lane Patrol; the lights shall not be lighted except when
18    responding to an emergency call or when parked or
19    stationary while engaged in motor vehicle assistance or at
20    the scene of the emergency.
21    (b) The use of amber oscillating, rotating, or flashing
22lights, whether lighted or unlighted, is prohibited except on:
23        1. Second division vehicles designed and used for
24    towing or hoisting vehicles; furthermore, such lights
25    shall not be lighted except as required in this paragraph
26    1; such lights shall be lighted when such vehicles are

 

 

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

 

 

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1    vehicles except that such lights shall be lighted only as
2    a means for indicating the presence of a vehicular traffic
3    hazard requiring unusual care in approaching, overtaking,
4    or passing while such vehicles are engaged in maintenance,
5    service, or construction on a highway;
6        5. Oversized vehicle or load; however, such lights
7    shall only be lighted when moving under permit issued by
8    the Department under Section 15-301 of this Code;
9        6. The front and rear of motorized equipment owned and
10    operated by the State of Illinois or any political
11    subdivision thereof, which is designed and used for
12    removal of snow and ice from highways;
13        6.1. The front and rear of motorized equipment or
14    vehicles that (i) are not owned by the State of Illinois or
15    any political subdivision of the State, (ii) are designed
16    and used for removal of snow and ice from highways and
17    parking lots, and (iii) are equipped with a snow plow that
18    is 12 feet in width; these lights may not be lighted except
19    when the motorized equipment or vehicle is actually being
20    used for those purposes on behalf of a unit of government;
21        7. Fleet safety vehicles registered in another state,
22    furthermore, such lights shall not be lighted except as
23    provided for in Section 12-212 of this Code;
24        8. Such other vehicles as may be authorized by local
25    authorities;
26        9. 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        9.5. Propane delivery trucks;
4        10. Vehicles used for collecting or delivering mail
5    for the United States Postal Service provided that such
6    lights shall not be lighted except when such vehicles are
7    actually being used for such purposes;
8        10.5. Vehicles of the Office of the Illinois State
9    Fire Marshal, provided that such lights shall not be
10    lighted except for when such vehicles are engaged in work
11    for the Office of the Illinois State Fire Marshal;
12        11. Any vehicle displaying a slow-moving vehicle
13    emblem as provided in Section 12-205.1;
14        12. All trucks equipped with self-compactors or
15    roll-off hoists and roll-on containers for garbage,
16    recycling, or refuse hauling. Such lights shall not be
17    lighted except when such vehicles are actually being used
18    for such purposes;
19        13. Vehicles used by a security company, alarm
20    responder, control agency, or the Illinois Department of
21    Corrections;
22        14. Security vehicles of the Department of Human
23    Services; however, the lights shall not be lighted except
24    when being used for security related purposes under the
25    direction of the superintendent of the facility where the
26    vehicle is located; and

 

 

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

 

 

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1    call, or motor vehicle crash.
2        Any person using these lights in accordance with this
3    subdivision (c)1 must carry on his or her person an
4    identification card or letter identifying the bona fide
5    member of a fire department, fire protection district,
6    rescue squad, ambulance unit, or emergency management
7    services agency that owns or operates that vehicle. The
8    card or letter must include:
9            (A) the name of the fire department, fire
10        protection district, rescue squad, ambulance unit, or
11        emergency management services agency;
12            (B) the member's position within the fire
13        department, fire protection district, rescue squad,
14        ambulance unit, or emergency management services
15        agency;
16            (C) the member's term of service; and
17            (D) the name of a person within the fire
18        department, fire protection district, rescue squad,
19        ambulance unit, or emergency management services
20        agency to contact to verify the information provided.
21        2. Police department vehicles in cities having a
22    population of 500,000 or more inhabitants.
23        3. Law enforcement vehicles of State or local
24    authorities when used in combination with red oscillating,
25    rotating, or flashing lights.
26        4. Vehicles of local fire departments and State or

 

 

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1    federal firefighting vehicles when used in combination
2    with red oscillating, rotating, or flashing lights.
3        5. Vehicles which are designed and used exclusively as
4    ambulances or rescue vehicles when used in combination
5    with red oscillating, rotating, or flashing lights;
6    furthermore, such lights shall not be lighted except when
7    responding to an emergency call.
8        6. Vehicles that are equipped and used exclusively as
9    organ transport vehicles when used in combination with red
10    oscillating, rotating, or flashing lights; furthermore,
11    these lights shall only be lighted when the transportation
12    is declared an emergency by a member of the transplant
13    team or a representative of the organ procurement
14    organization.
15        7. 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, vehicles of the Illinois Department of
19    Corrections, and vehicles of the Illinois Department of
20    Juvenile Justice, when used in combination with red
21    oscillating, rotating, or flashing lights.
22        8. Vehicles operated by a local or county emergency
23    management services agency as defined in the Illinois
24    Emergency Management Agency Act, when used in combination
25    with red oscillating, rotating, or flashing lights.
26        9. Vehicles of the Illinois Department of Natural

 

 

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1    Resources that are used for mine rescue and explosives
2    emergency response, when used in combination with red
3    oscillating, rotating, or flashing lights.
4    (c-1) In addition to the blue oscillating, rotating, or
5flashing lights permitted under subsection (c), and
6notwithstanding subsection (a), a vehicle operated by a
7voluntary firefighter, a voluntary member of a rescue squad,
8or a member of a voluntary ambulance unit may be equipped with
9flashing white headlights and blue grill lights, which may be
10used only in responding to an emergency call or when parked or
11stationary at the scene of a fire, rescue call, ambulance
12call, or motor vehicle crash.
13    (c-2) In addition to the blue oscillating, rotating, or
14flashing lights permitted under subsection (c), and
15notwithstanding subsection (a), a vehicle operated by a paid
16or unpaid member of a local or county emergency management
17services agency as defined in the Illinois Emergency
18Management Agency Act, may be equipped with white oscillating,
19rotating, or flashing lights to be used in combination with
20blue oscillating, rotating, or flashing lights, if
21authorization by local authorities is in writing and carried
22in the vehicle.
23    (d) The use of a combination of amber and white
24oscillating, rotating, or flashing lights, whether lighted or
25unlighted, is prohibited except on second division vehicles
26designed and used for towing or hoisting vehicles or motor

 

 

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1vehicles or equipment of the State of Illinois, local
2authorities, contractors, and union representatives;
3furthermore, such lights shall not be lighted on second
4division vehicles designed and used for towing or hoisting
5vehicles or vehicles of the State of Illinois, local
6authorities, and contractors except while such vehicles are
7engaged in a tow operation, highway maintenance, or
8construction operations within the limits of highway
9construction projects, and shall not be lighted on the
10vehicles of union representatives except when those vehicles
11are within the limits of a construction project.
12    (d-5) The use of green oscillating, flashing, or rotating
13lights, whether lighted or unlighted, is prohibited except on:
14        1. Second division vehicles designed and used for
15    towing or hoisting vehicles when the lights on those
16    vehicles are used in combination with amber or amber and
17    white oscillating, flashing, or rotating lights;
18    furthermore, such lights shall not be lighted except when
19    such vehicles are actually being used at the scene of a
20    crash or disablement.
21        2. Motor vehicles or equipment of the State of
22    Illinois when the lights on those vehicles or equipment
23    are used in combination with amber or amber and white
24    oscillating, flashing, or rotating lights; furthermore,
25    such lights shall not be lighted except while such
26    vehicles or equipment are engaged in maintenance

 

 

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1    operations, snow and ice removal operations, or performing
2    traffic control and protection duties while at an
3    emergency scene.
4        3. Motor vehicles of the Department of Transportation
5    identified as Emergency Traffic Patrol when the lights on
6    those vehicles are used in combination with red and white
7    oscillating, flashing, or rotating lights when responding
8    to an emergency call or when parked or stationary while
9    engaged in motor vehicle assistance or at an emergency
10    scene.
11        4. Motor vehicles of the Illinois State Toll Highway
12    Authority when the lights on those vehicles are used in
13    combination with amber oscillating, flashing, or rotating
14    lights; furthermore, such lights shall not be lighted
15    except while such vehicles are engaged in maintenance
16    operations, snow and ice removal operations, or performing
17    traffic control and protection duties while at an
18    emergency scene.
19        5. Motor vehicles of the Illinois State Toll Highway
20    Authority with a gross vehicle weight rating of 9,000
21    pounds or more and those identified as Highway Emergency
22    Lane Patrol when the lights on those vehicles are used in
23    combination with red and white oscillating, flashing, or
24    rotating lights when responding to an emergency call or
25    when parked or stationary while engaged in motor vehicle
26    assistance or at the scene of the emergency.

 

 

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1        6. Motor vehicles or equipment of local authority or
2    municipalities which perform highway maintenance
3    operations, when the lights on those vehicles are used in
4    combination with amber or amber and white oscillating,
5    flashing, or rotating lights; furthermore, such lights
6    shall not be lighted except while such vehicles are
7    engaged in the maintenance operations, snow and ice
8    removal operations, or performing traffic control and
9    protection duties while at an emergency scene.
10        7. Fire department vehicles of local fire departments
11    and State or federal firefighting vehicles when the lights
12    on those vehicles are used in combination with red, or red
13    and white, or red and blue, oscillating, rotating, or
14    flashing lights.
15        8. Vehicles used by a security company when the lights
16    on those vehicles are used in combination with amber
17    oscillating, flashing, or rotating lights; furthermore,
18    such lights shall not be lighted except when the vehicle
19    is being operated upon the property or location where the
20    security company is employed to perform security or crime
21    prevention duties.
22        9. Ambulances or rescue vehicles operating in counties
23    with populations of less than 2,000,000.
24    (d-10) Fire department vehicles of local fire departments
25and State or federal firefighting vehicles, police vehicles of
26State, federal, or local authorities, and vehicles designated

 

 

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

 

 

HB4255 Engrossed- 21 -LRB103 34476 MXP 64307 b

1violating the provisions of subsection (a) or (c) of this
2Section shall be guilty of a Class A misdemeanor.
3(Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23;
4103-154, eff. 6-30-23.)