HB5325enr 103RD GENERAL ASSEMBLY

 


 
HB5325 EnrolledLRB103 36360 MXP 66459 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 1-140.15, 1-158, 3-413, 3-804, 3-804.01,
64-203, 11-416, 11-506, 11-1204, 11-1403.2, 12-201, 12-207,
712-208, 12-210, and 15-312 as follows:
 
8    (625 ILCS 5/1-140.15)
9    Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled 2 or
103-wheeled device with fully operable pedals and a gasoline
11motor of less than one horsepower or 15 cubic centimeter
12displacement that is operated at speeds of less than 20 miles
13per hour , whose maximum speed on a paved level surface, when
14powered solely by such a motor while ridden by an operator who
15weighs 170 pounds, is less than 20 miles per hour.
16(Source: P.A. 96-125, eff. 1-1-10.)
 
17    (625 ILCS 5/1-158)  (from Ch. 95 1/2, par. 1-158)
18    Sec. 1-158. Pedestrian. Any person afoot or wearing
19in-line speed skates or riding a skateboard, including a
20person with a physical, hearing, or visual disability.
21(Source: P.A. 97-1023, eff. 1-1-13.)
 

 

 

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1    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
2    Sec. 3-413. Display of registration plates or digital
3registration plates, registration stickers or digital
4registration stickers, and drive-away permits; registration
5plate or digital registration plate covers.
6    (a) Registration plates or digital registration plates
7issued for a motor vehicle other than a motorcycle, autocycle,
8trailer, semitrailer, truck-tractor, apportioned bus, or
9apportioned truck shall be attached thereto, one in the
10frontmost front and one in the rearmost rear. The registration
11plate or digital registration plate issued for a motorcycle,
12autocycle, trailer or semitrailer required to be registered
13hereunder and any apportionment plate issued to a bus under
14the provisions of this Code shall be attached to the rearmost
15rear thereof. The registration plate or digital registration
16plate issued for a truck-tractor or an apportioned truck
17required to be registered hereunder shall be attached to the
18frontmost front thereof.
19    (b) Except for vehicles with rear loaded motorized
20forklifts, every registration plate or digital registration
21plate shall at all times be securely fastened in a horizontal
22position to the vehicle for which it is issued so as to prevent
23the plate from swinging and at a height of not less than 5
24inches from the ground, measuring from the bottom of such
25plate, in a place and position to be clearly visible and shall
26be maintained in a condition to be clearly legible, free from

 

 

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1any materials that would obstruct the visibility of the plate.
2A registration plate or digital registration plate on a
3motorcycle may be mounted vertically as long as it is
4otherwise clearly visible. Registration stickers or digital
5registration stickers issued as evidence of renewed annual
6registration shall be attached to registration plates or
7displayed on digital registration plates as required by the
8Secretary of State, and be clearly visible at all times and
9displayed as prescribed in subsection (k). For those vehicles
10with rear loaded motorized forklifts, if the rear plate is
11securely fastened in a horizontal position as prescribed, the
12plate and registration sticker shall not be required to be
13clearly visible at all times as a result of the rear mounted
14motorized forklift obstructing the view.
15    (c) Every drive-away permit issued pursuant to this Code
16shall be firmly attached to the motor vehicle in the manner
17prescribed by the Secretary of State. If a drive-away permit
18is affixed to a motor vehicle in any other manner the permit
19shall be void and of no effect.
20    (d) The Illinois prorate decal issued to a foreign
21registered vehicle part of a fleet prorated or apportioned
22with Illinois, shall be displayed on a registration plate or
23digital registration plate and displayed on the frontmost
24front of such vehicle in the same manner as an Illinois
25registration plate or digital registration plate.
26    (e) The registration plate or digital registration plate

 

 

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1issued for a camper body mounted on a truck displaying
2registration plates or digital registration plates shall be
3attached to the rearmost rear of the camper body.
4    (f) No person shall operate a vehicle, nor permit the
5operation of a vehicle, upon which is displayed an Illinois
6registration plate or plates or digital registration plate or
7plates or registration stickers or digital registration
8stickers, except as provided for in subsection (b) of Section
93-701 of this Code, after the termination of the registration
10period for which issued or after the expiration date set
11pursuant to Sections 3-414 and 3-414.1 of this Code.
12    (g) A person may not operate any motor vehicle that is
13equipped with registration plate or digital registration plate
14covers. A violation of this subsection (g) or a similar
15provision of a local ordinance is an offense against laws and
16ordinances regulating the movement of traffic.
17    (h) A person may not sell or offer for sale a registration
18plate or digital registration plate cover. A violation of this
19subsection (h) is a business offense.
20    (i) A person may not advertise for the purpose of
21promoting the sale of registration plate or digital
22registration plate covers. A violation of this subsection (i)
23is a business offense.
24    (j) A person may not modify the original manufacturer's
25mounting location of the rear registration plate or digital
26registration plate on any vehicle so as to conceal the

 

 

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1registration or to knowingly cause it to be obstructed in an
2effort to hinder a peace officer from obtaining the
3registration for the enforcement of a violation of this Code,
4Section 27.1 of the Toll Highway Act concerning toll evasion,
5or any municipal ordinance. Modifications prohibited by this
6subsection (j) include but are not limited to the use of an
7electronic device. A violation of this subsection (j) is a
8Class A misdemeanor.
9    (k) Registration stickers issued as evidence of renewed
10registration by the Secretary shall be displayed on the upper
11right corner of the rear registration plate or in a manner
12otherwise provided by the Secretary. However, registration
13stickers issued to truck-tractors shall be displayed on the
14upper right corner of the front registration plate or in a
15manner otherwise provided by the Secretary.
16    (l) No person shall affix to any registration plate,
17temporary registration plate, digital registration plate,
18registration sticker, or other evidence of registration issued
19by the Secretary any medallion, insignia, sticker, or other
20object not issued or approved by the Secretary. No person
21shall alter, manipulate, apply, or otherwise manipulate any
22evidence of registration issued by the Secretary in any manner
23from the original condition as was received when issued by the
24Secretary. It is unlawful to operate any vehicle that displays
25evidence of registration altered in any manner or displaying
26any medallion, insignia, sticker, or other object as

 

 

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1prescribed in this subsection.
2(Source: P.A. 101-395, eff. 8-16-19.)
 
3    (625 ILCS 5/3-804)  (from Ch. 95 1/2, par. 3-804)
4    Sec. 3-804. Antique vehicles.
5    (a) The owner of an antique vehicle may register such
6vehicle for a fee not to exceed $13 for a 2-year antique plate.
7The application for registration must be accompanied by an
8affirmation of the owner that such vehicle will be driven on
9the highway only for the purpose of going to and returning from
10an antique auto show or an exhibition, or for servicing or
11demonstration and also affirming that the mechanical
12condition, physical condition, brakes, lights, glass and
13appearance of such vehicle is the same or as safe as originally
14equipped. The Secretary may, in his discretion prescribe that
15antique vehicle plates be issued for a definite or an
16indefinite term, such term to correspond to the term of
17registration plates issued generally, as provided in Section
183-414.1. In no event may the registration fee for antique
19vehicles exceed $6 per registration year. Any person
20requesting antique plates under this Section may also apply to
21have vanity or personalized plates as provided under Section
223-405.1.
23    (b) Any person who is the registered owner of an antique
24vehicle may display a historical Illinois-issued license plate
25that represents from or representing the model year of the

 

 

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1vehicle, furnished by such person, in lieu of the current and
2valid Illinois antique vehicle plates issued thereto, provided
3that valid and current Illinois antique vehicle plates and
4registration card issued to such antique vehicle are
5simultaneously carried within such vehicle and are available
6for inspection.
7(Source: P.A. 91-37, eff. 7-1-99.)
 
8    (625 ILCS 5/3-804.01)
9    Sec. 3-804.01. Expanded-use antique vehicles.
10    (a) The owner of a motor vehicle that is more than 25 years
11of age or a bona fide replica thereof may register the vehicle
12as an expanded-use antique vehicle. In addition to the
13appropriate registration and renewal fees, the fee for
14expanded-use antique vehicle registration and renewal, except
15as provided under subsection (d), shall be $45 per year. The
16application for registration must be accompanied by an
17affirmation of the owner that:
18        (1) from January 1 through the last day of February
19    and from December 1 through December 31, the vehicle will
20    be driven on the highways only for the purpose of going to
21    and returning from an antique auto show or an exhibition,
22    or for servicing or demonstration; and
23        (2) the mechanical condition, physical condition,
24    brakes, lights, glass, and appearance of such vehicle is
25    the same or as safe as originally equipped.

 

 

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1    From March 1 through November 30, a vehicle registered as
2an expanded-use antique vehicle may be driven on the highways
3without being subject to the restrictions set forth in
4subdivision (1). The Secretary may prescribe, in the
5Secretary's discretion, that expanded-use antique vehicle
6plates be issued for a definite or an indefinite term, such
7term to correspond to the term of registration plates issued
8generally, as provided in Section 3-414.1. Any person
9requesting expanded-use antique vehicle plates under this
10Section may also apply to have vanity or personalized plates
11as provided under Section 3-405.1.
12    (b) Any person who is the registered owner of an
13expanded-use antique vehicle may display a historical
14Illinois-issued license plate that represents from or
15representing the model year of the vehicle, furnished by such
16person, in lieu of the current and valid Illinois expanded-use
17antique vehicle plates issued thereto, provided that the valid
18and current Illinois expanded-use antique vehicle plates and
19registration card issued to the expanded-use antique vehicle
20are simultaneously carried within the vehicle and are
21available for inspection.
22    (c) The Secretary may credit a pro-rated portion of a fee
23previously paid for an antique vehicle registration under
24Section 3-804 to an owner who applies to have that vehicle
25registered as an expanded-use antique vehicle instead of an
26antique vehicle.

 

 

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1    (d) The Secretary may make a version of the registration
2plate authorized under this Section in a form appropriate for
3motorcycles. In addition to the required registration and
4renewal fees, the fee for motorcycle expanded-use antique
5vehicle registration and renewal shall be $23 per year.
6(Source: P.A. 102-438, eff. 8-20-21.)
 
7    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
8    Sec. 4-203. Removal of motor vehicles or other vehicles;
9towing or hauling away.
10    (a) When a vehicle is abandoned, or left unattended, on a
11toll highway, interstate highway, or expressway for 2 hours or
12more, its removal by a towing service may be authorized by a
13law enforcement agency having jurisdiction.
14    (b) When a vehicle is abandoned on a highway in an urban
15district for 10 hours or more, its removal by a towing service
16may be authorized by a law enforcement agency having
17jurisdiction.
18    (c) When a vehicle is abandoned or left unattended on a
19highway other than a toll highway, interstate highway, or
20expressway, outside of an urban district for 24 hours or more,
21its removal by a towing service may be authorized by a law
22enforcement agency having jurisdiction.
23    (d) When an abandoned, unattended, wrecked, burned, or
24partially dismantled vehicle is creating a traffic hazard
25because of its position in relation to the highway or its

 

 

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1physical appearance is causing the impeding of traffic, its
2immediate removal from the highway or private property
3adjacent to the highway by a towing service may be authorized
4by a law enforcement agency having jurisdiction.
5    (e) Whenever a peace officer reasonably believes that a
6person under arrest for a violation of Section 11-501 of this
7Code or a similar provision of a local ordinance is likely,
8upon release, to commit a subsequent violation of Section
911-501, or a similar provision of a local ordinance, the
10arresting officer shall have the vehicle which the person was
11operating at the time of the arrest impounded for a period of
1212 hours after the time of arrest. However, such vehicle may be
13released by the arresting law enforcement agency prior to the
14end of the impoundment period if:
15        (1) the vehicle was not owned by the person under
16    arrest, and the lawful owner requesting such release
17    possesses a valid operator's license, proof of ownership,
18    and would not, as determined by the arresting law
19    enforcement agency, indicate a lack of ability to operate
20    a motor vehicle in a safe manner, or who would otherwise,
21    by operating such motor vehicle, be in violation of this
22    Code; or
23        (2) the vehicle is owned by the person under arrest,
24    and the person under arrest gives permission to another
25    person to operate such vehicle, provided however, that the
26    other person possesses a valid operator's license and

 

 

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1    would not, as determined by the arresting law enforcement
2    agency, indicate a lack of ability to operate a motor
3    vehicle in a safe manner or who would otherwise, by
4    operating such motor vehicle, be in violation of this
5    Code.
6    (e-5) Whenever a registered owner of a vehicle is taken
7into custody for operating the vehicle in violation of Section
811-501 of this Code or a similar provision of a local ordinance
9or Section 6-303 of this Code, a law enforcement officer may
10have the vehicle immediately impounded for a period not less
11than:
12        (1) 24 hours for a second violation of Section 11-501
13    of this Code or a similar provision of a local ordinance or
14    Section 6-303 of this Code or a combination of these
15    offenses; or
16        (2) 48 hours for a third violation of Section 11-501
17    of this Code or a similar provision of a local ordinance or
18    Section 6-303 of this Code or a combination of these
19    offenses.
20    The vehicle may be released sooner if the vehicle is owned
21by the person under arrest and the person under arrest gives
22permission to another person to operate the vehicle and that
23other person possesses a valid operator's license and would
24not, as determined by the arresting law enforcement agency,
25indicate a lack of ability to operate a motor vehicle in a safe
26manner or would otherwise, by operating the motor vehicle, be

 

 

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1in violation of this Code.
2    (f) Except as provided in Chapter 18a of this Code, the
3owner or lessor of privately owned real property within this
4State, or any person authorized by such owner or lessor, or any
5law enforcement agency in the case of publicly owned real
6property may cause any motor vehicle abandoned or left
7unattended upon such property without permission to be removed
8by a towing service without liability for the costs of
9removal, transportation or storage or damage caused by such
10removal, transportation or storage. The towing or removal of
11any vehicle from private property without the consent of the
12registered owner or other legally authorized person in control
13of the vehicle is subject to compliance with the following
14conditions and restrictions:
15        1. Any towed or removed vehicle must be stored at the
16    site of the towing service's place of business. The site
17    must be open during business hours, and for the purpose of
18    redemption of vehicles, during the time that the person or
19    firm towing such vehicle is open for towing purposes.
20        2. The towing service shall within 30 minutes of
21    completion of such towing or removal, notify the law
22    enforcement agency having jurisdiction of such towing or
23    removal, and the make, model, color, and license plate
24    number of the vehicle, and shall obtain and record the
25    name of the person at the law enforcement agency to whom
26    such information was reported.

 

 

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1        3. If the registered owner or legally authorized
2    person entitled to possession of the vehicle shall arrive
3    at the scene prior to actual removal or towing of the
4    vehicle, the vehicle shall be disconnected from the tow
5    truck and that person shall be allowed to remove the
6    vehicle without interference, upon the payment of a
7    reasonable service fee of not more than one-half the
8    posted rate of the towing service as provided in paragraph
9    6 of this subsection, for which a receipt shall be given.
10        4. The rebate or payment of money or any other
11    valuable consideration from the towing service or its
12    owners, managers, or employees to the owners or operators
13    of the premises from which the vehicles are towed or
14    removed, for the privilege of removing or towing those
15    vehicles, is prohibited. Any individual who violates this
16    paragraph shall be guilty of a Class A misdemeanor.
17        5. Except for property appurtenant to and obviously a
18    part of a single family residence, and except for
19    instances where notice is personally given to the owner or
20    other legally authorized person in control of the vehicle
21    that the area in which that vehicle is parked is reserved
22    or otherwise unavailable to unauthorized vehicles and they
23    are subject to being removed at the owner or operator's
24    expense, any property owner or lessor, prior to towing or
25    removing any vehicle from private property without the
26    consent of the owner or other legally authorized person in

 

 

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1    control of that vehicle, must post a notice meeting the
2    following requirements:
3            a. Except as otherwise provided in subparagraph
4        a.1 of this subdivision (f)5, the notice must be
5        prominently placed at each driveway access or curb cut
6        allowing vehicular access to the property within 5
7        feet from the public right-of-way line. If there are
8        no curbs or access barriers, the sign must be posted
9        not less than one sign each 100 feet of lot frontage.
10            a.1. In a municipality with a population of less
11        than 250,000, as an alternative to the requirement of
12        subparagraph a of this subdivision (f)5, the notice
13        for a parking lot contained within property used
14        solely for a 2-family, 3-family, or 4-family residence
15        may be prominently placed at the perimeter of the
16        parking lot, in a position where the notice is visible
17        to the occupants of vehicles entering the lot.
18            b. The notice must indicate clearly, in not less
19        than 2 inch high light-reflective letters on a
20        contrasting background, that unauthorized vehicles
21        will be towed away at the owner's expense.
22            c. The notice must also provide the name and
23        current telephone number of the towing service towing
24        or removing the vehicle.
25            d. The sign structure containing the required
26        notices must be permanently installed with the bottom

 

 

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1        of the sign not less than 4 feet above ground level,
2        and must be continuously maintained on the property
3        for not less than 24 hours prior to the towing or
4        removing of any vehicle.
5        6. Any towing service that tows or removes vehicles
6    and proposes to require the owner, operator, or person in
7    control of the vehicle to pay the costs of towing and
8    storage prior to redemption of the vehicle must file and
9    keep on record with the local law enforcement agency a
10    complete copy of the current rates to be charged for such
11    services, and post at the storage site an identical rate
12    schedule and any written contracts with property owners,
13    lessors, or persons in control of property which authorize
14    them to remove vehicles as provided in this Section. The
15    towing and storage charges, however, shall not exceed the
16    maximum allowed by the Illinois Commerce Commission under
17    Section 18a-200.
18        7. No person shall engage in the removal of vehicles
19    from private property as described in this Section without
20    filing a notice of intent in each community where he
21    intends to do such removal, and such notice shall be filed
22    at least 7 days before commencing such towing.
23        8. No removal of a vehicle from private property shall
24    be done except upon express written instructions of the
25    owners or persons in charge of the private property upon
26    which the vehicle is said to be trespassing.

 

 

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1        9. Vehicle entry for the purpose of removal shall be
2    allowed with reasonable care on the part of the person or
3    firm towing the vehicle. Such person or firm shall be
4    liable for any damages occasioned to the vehicle if such
5    entry is not in accordance with the standards of
6    reasonable care.
7        9.5. Except as authorized by a law enforcement
8    officer, no towing service shall engage in the removal of
9    a commercial motor vehicle that requires a commercial
10    driver's license to operate by operating the vehicle under
11    its own power on a highway.
12        10. When a vehicle has been towed or removed pursuant
13    to this Section, it must be released to its owner,
14    custodian, agent, or lienholder within one-half hour after
15    requested, if such request is made during business hours.
16    Any vehicle owner, custodian, agent, or lienholder shall
17    have the right to inspect the vehicle before accepting its
18    return, and no release or waiver of any kind which would
19    release the towing service from liability for damages
20    incurred during the towing and storage may be required
21    from any vehicle owner or other legally authorized person
22    as a condition of release of the vehicle. A detailed,
23    signed receipt showing the legal name of the towing
24    service must be given to the person paying towing or
25    storage charges at the time of payment, whether requested
26    or not.

 

 

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1        This Section shall not apply to law enforcement,
2    firefighting, rescue, ambulance, or other emergency
3    vehicles which are marked as such or to property owned by
4    any governmental entity.
5        When an authorized person improperly causes a motor
6    vehicle to be removed, such person shall be liable to the
7    owner or lessee of the vehicle for the cost of removal,
8    transportation and storage, any damages resulting from the
9    removal, transportation and storage, attorney's fee and
10    court costs.
11        Any towing or storage charges accrued shall be payable
12    in cash or by cashier's check, certified check, debit
13    card, credit card, or wire transfer, at the option of the
14    party taking possession of the vehicle.
15        11. Towing companies shall also provide insurance
16    coverage for areas where vehicles towed under the
17    provisions of this Chapter will be impounded or otherwise
18    stored, and shall adequately cover loss by fire, theft, or
19    other risks.
20    Any person who fails to comply with the conditions and
21restrictions of this subsection shall be guilty of a Class C
22misdemeanor and shall be fined not less than $100 nor more than
23$500.
24    (g)(1) When a vehicle is determined to be a hazardous
25dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
26Illinois Municipal Code or Section 5-12002.1 of the Counties

 

 

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1Code, its removal and impoundment by a towing service may be
2authorized by a law enforcement agency with appropriate
3jurisdiction.
4    (2) When a vehicle removal from either public or private
5property is authorized by a law enforcement agency, the owner
6of the vehicle shall be responsible for all towing and storage
7charges.
8    (3) Vehicles removed from public or private property and
9stored by a commercial vehicle relocator or any other towing
10service authorized by a law enforcement agency in compliance
11with this Section and Sections 4-201 and 4-202 of this Code, or
12at the request of the vehicle owner or operator, shall be
13subject to a possessor lien for services pursuant to the Labor
14and Storage Lien (Small Amount) Act. The provisions of Section
151 of that Act relating to notice and implied consent shall be
16deemed satisfied by compliance with Section 18a-302 and
17subsection (6) of Section 18a-300. In no event shall such lien
18be greater than the rate or rates established in accordance
19with subsection (6) of Section 18a-200 of this Code. In no
20event shall such lien be increased or altered to reflect any
21charge for services or materials rendered in addition to those
22authorized by this Code. Every such lien shall be payable in
23cash or by cashier's check, certified check, debit card,
24credit card, or wire transfer, at the option of the party
25taking possession of the vehicle.
26    (4) Any personal property belonging to the vehicle owner

 

 

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1in a vehicle subject to a lien under this subsection (g) shall
2likewise be subject to that lien, excepting only: child
3restraint systems as defined in Section 4 of the Child
4Passenger Protection Act and other child booster seats;
5eyeglasses; food; medicine; perishable property; any
6operator's licenses; any cash, credit cards, or checks or
7checkbooks; any wallet, purse, or other property containing
8any operator's license or other identifying documents or
9materials, cash, credit cards, checks, or checkbooks; and any
10personal property belonging to a person other than the vehicle
11owner if that person provides adequate proof that the personal
12property belongs to that person. The spouse, child, mother,
13father, brother, or sister of the vehicle owner may claim
14personal property excepted under this paragraph (4) if the
15person claiming the personal property provides the commercial
16vehicle relocator or towing service with the authorization of
17the vehicle owner.
18    (5) This paragraph (5) applies only in the case of a
19vehicle that is towed as a result of being involved in a crash.
20In addition to the personal property excepted under paragraph
21(4), all other personal property in a vehicle subject to a lien
22under this subsection (g) is exempt from that lien and may be
23claimed by the vehicle owner if the vehicle owner provides the
24commercial vehicle relocator or towing service with proof that
25the vehicle owner has an insurance policy covering towing and
26storage fees. The spouse, child, mother, father, brother, or

 

 

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1sister of the vehicle owner may claim personal property in a
2vehicle subject to a lien under this subsection (g) if the
3person claiming the personal property provides the commercial
4vehicle relocator or towing service with the authorization of
5the vehicle owner and proof that the vehicle owner has an
6insurance policy covering towing and storage fees. The
7regulation of liens on personal property and exceptions to
8those liens in the case of vehicles towed as a result of being
9involved in a crash are exclusive powers and functions of the
10State. A home rule unit may not regulate liens on personal
11property and exceptions to those liens in the case of vehicles
12towed as a result of being involved in a crash. This paragraph
13(5) is a denial and limitation of home rule powers and
14functions under subsection (h) of Section 6 of Article VII of
15the Illinois Constitution.
16    (6) No lien under this subsection (g) shall: exceed $2,000
17in its total amount; or be increased or altered to reflect any
18charge for services or materials rendered in addition to those
19authorized by this Code.
20    (h) Whenever a peace officer issues a citation to a driver
21for a violation of subsection (a), (a-5), or (b-5) of Section
2211-506 of this Code or for a violation of paragraph (1) of
23subsection (a) of Section 11-503 of this Code, the arresting
24officer may have the vehicle which the person was operating at
25the time of the arrest impounded for a period of 5 days after
26the time of arrest. An impounding agency shall release a motor

 

 

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1vehicle impounded under this subsection (h) to the registered
2owner of the vehicle under any of the following circumstances:
3        (1) if the vehicle is a stolen vehicle; or
4        (2) if the person ticketed for a violation of
5    subsection (a), (a-5), or (b-5) of Section 11-506 or
6    paragraph (1) of subsection (a) of Section 11-503 of this
7    Code was not authorized by the registered owner of the
8    vehicle to operate the vehicle at the time of the
9    violation; or
10        (3) if the registered owner of the vehicle was neither
11    the driver nor a passenger in the vehicle at the time of
12    the violation or was unaware that the driver was using the
13    vehicle to engage in street racing, street sideshow, or
14    reckless driving; or
15        (4) if the legal owner or registered owner of the
16    vehicle is a rental car agency; or
17        (5) if, prior to the expiration of the impoundment
18    period specified above, the citation is dismissed or the
19    defendant is found not guilty of the offense.
20    (i) Except for vehicles exempted under subsection (b) of
21Section 7-601 of this Code, whenever a law enforcement officer
22issues a citation to a driver for a violation of Section 3-707
23of this Code, and the driver has a prior conviction for a
24violation of Section 3-707 of this Code in the past 12 months,
25the arresting officer shall authorize the removal and
26impoundment of the vehicle by a towing service.

 

 

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1(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
 
2    (625 ILCS 5/11-416)  (from Ch. 95 1/2, par. 11-416)
3    Sec. 11-416. Furnishing copies; fees copies - Fees. The
4Illinois State Police may furnish copies of an Illinois State
5Police Traffic Crash Report that has been investigated by the
6Illinois State Police and shall be paid a fee of $5 for each
7such copy, or in the case of a crash which was investigated by
8a crash reconstruction officer or crash reconstruction team, a
9fee of $20 shall be paid. These fees shall be deposited into
10the State Police Services Fund. The Department may use an
11online payment system for these fees.
12    Other State law enforcement agencies or law enforcement
13agencies of local authorities may furnish copies of traffic
14crash reports prepared by such agencies and may receive a fee
15not to exceed $5 for each copy or in the case of a crash which
16was investigated by a crash reconstruction officer or crash
17reconstruction team, the State or local law enforcement agency
18may receive a fee not to exceed $20.
19    Any written crash report required or requested to be
20furnished the Administrator shall be provided without cost or
21fee charges authorized under this Section or any other
22provision of law.
23(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21;
24102-982, eff. 7-1-23.)
 

 

 

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1    (625 ILCS 5/11-506)
2    Sec. 11-506. Street racing; aggravated street racing;
3street sideshows.
4    (a) No person shall engage in street racing on any street
5or highway of this State.
6    (a-5) No person shall engage in a street sideshow on any
7street or highway of this State.
8    (b) No owner of any vehicle shall acquiesce in or permit
9his or her vehicle to be used by another for the purpose of
10street racing or a street sideshow.
11    (b-5) A person may not knowingly interfere with or cause
12the movement of traffic to slow or stop for the purpose of
13facilitating street racing or a street sideshow.
14    (c) For the purposes of this Section:
15    "Acquiesce" or "permit" means actual knowledge that the
16motor vehicle was to be used for the purpose of street racing
17or a street sideshow.
18    "Motor vehicle stunt" includes, but is not limited to,
19operating a vehicle in a manner that causes the vehicle to
20slide or spin, driving within the proximity of a gathering of
21persons, performing maneuvers to demonstrate the performance
22capability of the motor vehicle, or maneuvering the vehicle in
23an attempt to elicit a reaction from a gathering of persons.
24    "Street racing" means:
25        (1) The operation of 2 or more vehicles from a point
26    side by side at accelerating speeds in a competitive

 

 

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1    attempt to outdistance each other; or
2        (2) The operation of one or more vehicles over a
3    common selected course, each starting at the same point,
4    for the purpose of comparing the relative speeds or power
5    of acceleration of such vehicle or vehicles within a
6    certain distance or time limit; or
7        (3) The use of one or more vehicles in an attempt to
8    outgain or outdistance another vehicle; or
9        (4) The use of one or more vehicles to prevent another
10    vehicle from passing; or
11        (5) The use of one or more vehicles to arrive at a
12    given destination ahead of another vehicle or vehicles; or
13        (6) The use of one or more vehicles to test the
14    physical stamina or endurance of drivers over
15    long-distance driving routes.
16    "Street sideshow" means an event in which one or more
17vehicles block or impede traffic on a street or highway, for
18the purpose of performing unauthorized motor vehicle stunts,
19motor vehicle speed contests, or motor vehicle exhibitions of
20speed.
21    (d) Penalties.
22        (1) Any person who is convicted of a violation of
23    subsection (a), (a-5), or (b-5) shall be guilty of a Class
24    A misdemeanor for the first offense and shall be subject
25    to a minimum fine of $250. Any person convicted of a
26    violation of subsection (a), (a-5), or (b-5) a second or

 

 

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1    subsequent time shall be guilty of a Class 4 felony and
2    shall be subject to a minimum fine of $500. The driver's
3    license of any person convicted of subsection (a) shall be
4    revoked in the manner provided by Section 6-205 of this
5    Code.
6        (2) Any person who is convicted of a violation of
7    subsection (b) shall be guilty of a Class B misdemeanor.
8    Any person who is convicted of subsection (b) for a second
9    or subsequent time shall be guilty of a Class A
10    misdemeanor.
11        (3) Every person convicted of committing a violation
12    of subsection (a) of this Section shall be guilty of
13    aggravated street racing if the person, in committing a
14    violation of subsection (a) was involved in a motor
15    vehicle crash that resulted in great bodily harm or
16    permanent disability or disfigurement to another, where
17    the violation was a proximate cause of the injury.
18    Aggravated street racing is a Class 4 felony for which the
19    defendant, if sentenced to a term of imprisonment, shall
20    be sentenced to not less than one year nor more than 12
21    years.
22(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23;
23103-154, eff. 6-30-23.)
 
24    (625 ILCS 5/11-1204)  (from Ch. 95 1/2, par. 11-1204)
25    Sec. 11-1204. Stop and yield signs.

 

 

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1    (a) Preferential right-of-way at an intersection may be
2indicated by stop signs or yield signs as authorized in
3Section 11-302 of this Act.
4    (b) Except when directed to proceed by a police officer or
5traffic control signal, every driver of a vehicle and every
6motorman of a streetcar approaching a stop intersection
7indicated by a stop sign shall stop before entering the
8crosswalk on the near side of the intersection or, in the event
9there is no crosswalk, shall stop at a clearly marked stop
10line, but if none, before entering the crosswalk on the near
11side of the intersection, or if none, then at the point nearest
12the intersection roadway where the driver has a view of
13approaching traffic on the intersecting roadway before
14entering the intersection.
15    (c) The driver of a vehicle approaching a yield sign if
16required for safety to stop shall stop before entering the
17crosswalk on the near side of the intersection or, in the event
18there is no crosswalk, at a clearly marked stop line, but if
19none, then at the point nearest the intersecting roadway where
20the driver has a view of approaching traffic on the
21intersecting roadway.
22(Source: P.A. 76-1586.)
 
23    (625 ILCS 5/11-1403.2)  (from Ch. 95 1/2, par. 11-1403.2)
24    Sec. 11-1403.2. Operating a motorcycle, motor driven
25cycle, or moped on one wheel; aggravated operating a

 

 

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1motorcycle, motor driven cycle, or moped on one wheel.
2    (a) No person shall operate a motorcycle, motor driven
3cycle, or moped on one wheel.
4    (b) Aggravated operating a motorcycle, motor driven cycle,
5or moped on one wheel. A person commits aggravated operating a
6motorcycle, motor driven cycle, or moped on one wheel when he
7or she violates subsection (a) of this Section while
8committing a violation of subsection (b) of Section 11-601 or
9Section 11-601.5 of this Code. A violation of this subsection
10is a petty offense with a minimum fine of $100, except a second
11conviction of a violation of this subsection is a Class B
12misdemeanor and a third or subsequent conviction of a
13violation of this subsection is a Class A misdemeanor.
14(Source: P.A. 96-554, eff. 1-1-10; 97-743, eff. 1-1-13.)
 
15    (625 ILCS 5/12-201)  (from Ch. 95 1/2, par. 12-201)
16    Sec. 12-201. When lighted lamps are required.
17    (a) When operated upon any highway in this State, every
18motorcycle shall at all times exhibit at least one lighted
19lamp, showing a white light visible for at least 500 feet in
20the direction the motorcycle is proceeding. However, in lieu
21of such lighted lamp, a motorcycle may be equipped with and use
22a means of modulating the upper beam of the head lamp between
23high and a lower brightness. No such head lamp shall be
24modulated, except to otherwise comply with this Code, during
25times when lighted lamps are required for other motor

 

 

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1vehicles.
2    (b) All other motor vehicles shall exhibit at least 2
3lighted head lamps, with at least one on each side of the
4frontmost front of the vehicle, which satisfy United States
5Department of Transportation requirements, as set forth in 49
6CFR 571.108, showing white lights, including that emitted by
7high intensity discharge (HID) lamps, or lights of a yellow or
8amber tint, during the period from sunset to sunrise, at times
9when rain, snow, fog, or other atmospheric conditions require
10the use of windshield wipers, and at any other times when, due
11to insufficient light or unfavorable atmospheric conditions,
12persons and vehicles on the highway are not clearly
13discernible at a distance of 1000 feet. Parking lamps may be
14used in addition to but not in lieu of such head lamps. Every
15motor vehicle, trailer, or semi-trailer shall also exhibit at
16least 2 lighted lamps, commonly known as tail lamps, which
17shall be mounted on the left rearmost rear and right rearmost
18rear of the vehicle so as to throw a red light visible for at
19least 500 feet in the reverse direction, except that a truck
20tractor or road tractor manufactured before January 1, 1968
21and all motorcycles need be equipped with only one such tail
22lamp.
23    (c) Either a tail lamp or a separate lamp shall be so
24constructed and placed as to illuminate with a white light a
25rear registration plate when required and render it clearly
26legible from a distance of 50 feet to the rear. Any tail lamp

 

 

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1or tail lamps, together with any separate lamp or lamps for
2illuminating a rear registration plate, shall be so wired as
3to be lighted whenever the head lamps or auxiliary driving
4lamps are lighted.
5    (d) A person shall install only head lamps that satisfy
6United States Department of Transportation regulations, as set
7forth in 49 CFR 571.108, and show white light, including that
8emitted by HID lamps, or light of a yellow or amber tint for
9use by a motor vehicle.
10    (e) (Blank).
11(Source: P.A. 96-487, eff. 1-1-10.)
 
12    (625 ILCS 5/12-207)  (from Ch. 95 1/2, par. 12-207)
13    Sec. 12-207. Spot lamps and auxiliary driving lamps.
14    (a) Any motor vehicle may be equipped with not to exceed
15one spot lamp that shall emit a white light without glare and
16every lighted spot lamp shall be so aimed and used upon
17approaching another vehicle that no part of the high-intensity
18portion of the beam will be directed to the left of the
19prolongation of the extreme left side of the vehicle nor more
20than 100 feet ahead of the vehicle.
21    (b) Any motor vehicle may be equipped with not to exceed 3
22three auxiliary driving lamps showing white light, including
23white light emitted by a high intensity discharge (HID) lamp,
24or light of a yellow or amber tint, mounted forward facing on
25the front at a height not less than 12 inches nor more than 42

 

 

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1inches above the level surface upon which the vehicle stands.
2As used in this subsection, "auxiliary driving lamp" means a
3lamp, whether temporarily or permanently installed on a
4vehicle, not originally installed by the manufacturer at the
5original point of assembly.
6    (c) The restrictions of subsections 12-207 (a) and 12-207
7(b) of this Act shall not apply to authorized emergency
8vehicles or equipment used for snow and ice removal operations
9if owned or operated by or for any governmental body.
10    (d) The minimum and maximum height restrictions prescribed
11in subsection (b) of Section 12-207 shall not apply to
12privately owned motor vehicles on which a snow plow is
13mounted, while in transit between or during snow and ice
14removal operations. This exemption shall apply only during the
15period from November 15 through April 1, and only when the snow
16plow blade, commonly referred to as a "moldboard", is properly
17and securely affixed to the front of the motor vehicle.
18(Source: P.A. 85-1010.)
 
19    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
20    Sec. 12-208. Signal lamps and signal devices.
21    (a) Every vehicle other than an antique vehicle displaying
22an antique plate or an expanded-use antique vehicle displaying
23expanded-use antique vehicle plates operated in this State
24shall be equipped with a stop lamp or lamps on the rearmost
25rear of the vehicle which shall display a red or amber light

 

 

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1visible from a distance of not less than 500 feet to the rear
2in normal sunlight and which shall be actuated upon
3application of the service (foot) brake, and which may but
4need not be incorporated with other rear lamps. During times
5when lighted lamps are not required, an antique vehicle or an
6expanded-use antique vehicle may be equipped with a stop lamp
7or lamps on the rear of such vehicle of the same type
8originally installed by the manufacturer as original equipment
9and in working order. However, at all other times, except as
10provided in subsection (a-1), such antique vehicle or
11expanded-use antique vehicle must be equipped with stop lamps
12meeting the requirements of Section 12-208 of this Act.
13    (a-1) A motorcycle or an antique vehicle or an
14expanded-use antique vehicle, including an antique motorcycle,
15may display a blue light or lights of up to one inch in
16diameter as part of the vehicle's rear stop lamp or lamps.
17    (b) Every motor vehicle other than an antique vehicle
18displaying an antique plate or an expanded-use antique vehicle
19displaying expanded-use antique vehicle plates shall be
20equipped with an electric turn signal device which shall
21indicate the intention of the driver to turn to the right or to
22the left, change lanes, turn a vehicle, or otherwise turn or
23maneuver a vehicle from a direct course of travel in the form
24of flashing lights located at and showing to the front and rear
25of the vehicle on the side of the vehicle toward which the turn
26is to be made. The lamps showing to the front shall be mounted

 

 

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1on the same level and as widely spaced laterally as
2practicable and, when signaling, shall emit a white or amber
3light, or any shade of light between white and amber. The lamps
4showing to the rear shall be mounted on the same level and as
5widely spaced laterally as practicable and, when signaling,
6shall emit a red or amber light. An antique vehicle or
7expanded-use antique vehicle shall be equipped with a turn
8signal device of the same type originally installed by the
9manufacturer as original equipment and in working order.
10    (c) Every trailer and semitrailer shall be equipped with
11an electric turn signal device which indicates the intention
12of the driver in the power unit to turn to the right or to the
13left in the form of flashing red or amber lights located at the
14rear of the vehicle on the side toward which the turn is to be
15made and mounted on the same level and as widely spaced
16laterally as practicable.
17    (d) Turn signal lamps must be visible from a distance of
18not less than 300 feet in normal sunlight.
19    (e) Motorcycles and motor-driven cycles need not be
20equipped with electric turn signals. Antique vehicles and
21expanded-use antique vehicles need not be equipped with turn
22signals unless such were installed by the manufacturer as
23original equipment.
24    (f) (Blank).
25    (g) Motorcycles and motor-driven cycles may be equipped
26with a stop lamp or lamps on the rear of the vehicle that

 

 

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1display a red or amber light, visible from a distance of not
2less than 500 feet to the rear in normal sunlight, that flashes
3and becomes steady only when the brake is actuated.
4    (h) Electric turn signal lamps shall not be flashed or
5left in the on position other than to indicate the intention of
6a driver to turn a vehicle left or right, change lanes, or
7otherwise turn or maneuver a vehicle from a direct course of
8travel.
9(Source: P.A. 102-508, eff. 8-20-21.)
 
10    (625 ILCS 5/12-210)  (from Ch. 95 1/2, par. 12-210)
11    Sec. 12-210. Use of head lamps and auxiliary driving
12lamps. (a) Whenever the driver of any vehicle equipped with an
13electric driving head lamp, driving head lamps, auxiliary
14driving lamp or auxiliary driving lamps is within 500 feet of
15another vehicle approaching from the opposite direction, the
16driver shall dim or drop such head lamp or head lamps and shall
17extinguish all auxiliary driving lamps.
18    (b) The driver of any vehicle equipped with an electric
19driving head lamp, head lamps, auxiliary driving lamp or
20auxiliary driving lamps shall dim or drop such head lamp or
21head lamps and shall extinguish all auxiliary driving lamps
22when there is another vehicle traveling in the same direction
23less than 300 feet to the front of him.
24    (c) No vehicle shall have the lighting system modified to
25allow more than 2 electric head lamps to be lighted while

 

 

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1operating in the dimmed or dropped position.
2    (d) Nothing in this Section shall prohibit the use of 2
3auxiliary driving lamps mounted on the frontmost of the motor
4vehicle that emit white or amber light without glare,
5installed by the manufacturer at the original point of
6assembly, commonly referred to as "fog" lamps, when used in
7conjunction with head lamps. All lamps, including auxiliary
8driving lamps, shall be , if such auxiliary driving lamps are
9adjusted and so aimed that the glaring rays are not projected
10into the eyes of drivers of oncoming vehicles. As used in this
11subsection, "auxiliary driving lamp" means a lamp, whether
12temporarily or permanently installed on a vehicle, not
13originally installed by the manufacturer at the original point
14of assembly.
15(Source: P.A. 85-1144.)
 
16    (625 ILCS 5/15-312)  (from Ch. 95 1/2, par. 15-312)
17    Sec. 15-312. Fees for police escort. When State Police
18escorts are required by the Department of Transportation for
19the safety of the motoring public, the following fees shall be
20paid by the applicant:
21        (1) to the Department of Transportation: $40 per hour
22    per vehicle based upon the pre-estimated time of the
23    movement to be agreed upon between the Department and the
24    applicant, with a minimum fee of $80 per vehicle; and
25        (2) to the Illinois State Police: $75 per hour per

 

 

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1    State Police vehicle based upon the actual time of the
2    movement, with a minimum fee of $300 per State Police
3    vehicle. The Illinois State Police shall remit the moneys
4    to the State Treasurer, who shall deposit the moneys into
5    the State Police Operations Assistance Fund.
6    The actual time of the movement shall be the time the
7police escort is required to pick up the movement to the time
8the movement is completed. Any delays or breakdowns shall be
9considered part of the movement time. Any fraction of an hour
10shall be rounded up to the next whole hour.
11    The State Police may use an online payment system to
12accept fees for police escorts.
13(Source: P.A. 102-505, eff. 8-20-21.)