Illinois General Assembly - Full Text of HB3054
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Full Text of HB3054  98th General Assembly

HB3054enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB3054 EnrolledLRB098 09862 MLW 40020 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 changing
5Sections 1-105 and 12-215 and by adding Section 12-215.1 as
6follows:
 
7    (625 ILCS 5/1-105)  (from Ch. 95 1/2, par. 1-105)
8    Sec. 1-105. Authorized emergency vehicle. Emergency
9vehicles of municipal departments or public service
10corporations as are designated or authorized by proper local
11authorities; police vehicles; vehicles of the fire department;
12vehicles of a HazMat or technical rescue team authorized by a
13county board under Section 5-1127 of the Counties Code;
14ambulances; vehicles of the Illinois Department of
15Corrections; vehicles of the Illinois Department of Juvenile
16Justice; vehicles of the Illinois Emergency Management Agency;
17vehicles of the Office of the Illinois State Fire Marshal; mine
18rescue and explosives emergency response vehicles of the
19Department of Natural Resources; vehicles of the Illinois
20Department of Public Health; and vehicles of a municipal or
21county emergency services and disaster agency, as defined by
22the Illinois Emergency Management Agency Act.
23(Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11;

 

 

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196-1190, eff. 7-22-10; 97-149, eff. 7-14-11; 97-333, eff.
27-12-11.)
 
3    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
4    (Text of Section before amendment by P.A. 97-1173)
5    Sec. 12-215. Oscillating, rotating or flashing lights on
6motor vehicles. Except as otherwise provided in this Code:
7    (a) The use of red or white oscillating, rotating or
8flashing lights, whether lighted or unlighted, is prohibited
9except on:
10        1. Law enforcement vehicles of State, Federal or local
11    authorities;
12        2. A vehicle operated by a police officer or county
13    coroner and designated or authorized by local authorities,
14    in writing, as a law enforcement vehicle; however, such
15    designation or authorization must be carried in the
16    vehicle;
17        2.1. A vehicle operated by a fire chief who has
18    completed an emergency vehicle operation training course
19    approved by the Office of the State Fire Marshal and
20    designated or authorized by local authorities, in writing,
21    as a fire department, fire protection district, or township
22    fire department vehicle; however, the designation or
23    authorization must be carried in the vehicle, and the
24    lights may be visible or activated only when responding to
25    a bona fide emergency;

 

 

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

 

 

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1    transplant team or a representative of the organ
2    procurement organization; and
3        10. Vehicles of the Illinois Department of Natural
4    Resources that are used for mine rescue and explosives
5    emergency response.
6    (b) The use of amber oscillating, rotating or flashing
7lights, whether lighted or unlighted, is prohibited except on:
8        1. Second division vehicles designed and used for
9    towing or hoisting vehicles; furthermore, such lights
10    shall not be lighted except as required in this paragraph
11    1; such lights shall be lighted when such vehicles are
12    actually being used at the scene of an accident or
13    disablement; if the towing vehicle is equipped with a flat
14    bed that supports all wheels of the vehicle being
15    transported, the lights shall not be lighted while the
16    vehicle is engaged in towing on a highway; if the towing
17    vehicle is not equipped with a flat bed that supports all
18    wheels of a vehicle being transported, the lights shall be
19    lighted while the towing vehicle is engaged in towing on a
20    highway during all times when the use of headlights is
21    required under Section 12-201 of this Code;
22        2. Motor vehicles or equipment of the State of
23    Illinois, local authorities and contractors; furthermore,
24    such lights shall not be lighted except while such vehicles
25    are engaged in maintenance or construction operations
26    within the limits of construction projects;

 

 

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

 

 

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1        7. Fleet safety vehicles registered in another state,
2    furthermore, such lights shall not be lighted except as
3    provided for in Section 12-212 of this Code;
4        8. Such other vehicles as may be authorized by local
5    authorities;
6        9. Law enforcement vehicles of State or local
7    authorities when used in combination with red oscillating,
8    rotating or flashing lights;
9        9.5. Propane delivery trucks;
10        10. Vehicles used for collecting or delivering mail for
11    the United States Postal Service provided that such lights
12    shall not be lighted except when such vehicles are actually
13    being used for such purposes;
14        10.5. Vehicles of the Office of the Illinois State Fire
15    Marshal, provided that such lights shall not be lighted
16    except for when such vehicles are engaged in work for the
17    Office of the Illinois State Fire Marshal;
18        11. Any vehicle displaying a slow-moving vehicle
19    emblem as provided in Section 12-205.1;
20        12. All trucks equipped with self-compactors or
21    roll-off hoists and roll-on containers for garbage or
22    refuse hauling. Such lights shall not be lighted except
23    when such vehicles are actually being used for such
24    purposes;
25        13. Vehicles used by a security company, alarm
26    responder, or control agency, or the Illinois Department of

 

 

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

 

 

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

 

 

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1    population of 500,000 or more inhabitants.
2        3. Law enforcement vehicles of State or local
3    authorities when used in combination with red oscillating,
4    rotating or flashing lights.
5        4. Vehicles of local fire departments and State or
6    federal firefighting vehicles when used in combination
7    with red oscillating, rotating or flashing lights.
8        5. Vehicles which are designed and used exclusively as
9    ambulances or rescue vehicles when used in combination with
10    red oscillating, rotating or flashing lights; furthermore,
11    such lights shall not be lighted except when responding to
12    an emergency call.
13        6. Vehicles that are equipped and used exclusively as
14    organ transport vehicles when used in combination with red
15    oscillating, rotating, or flashing lights; furthermore,
16    these lights shall only be lighted when the transportation
17    is declared an emergency by a member of the transplant team
18    or a representative of the organ procurement organization.
19        7. Vehicles of the Illinois Emergency Management
20    Agency, vehicles of the Office of the Illinois State Fire
21    Marshal, vehicles of the Illinois Department of Public
22    Health, and vehicles of the Illinois Department of
23    Corrections, and vehicles of the Illinois Department of
24    Juvenile Justice Nuclear Safety, when used in combination
25    with red oscillating, rotating, or flashing lights.
26        8. Vehicles operated by a local or county emergency

 

 

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1    management services agency as defined in the Illinois
2    Emergency Management Agency Act, when used in combination
3    with red oscillating, rotating, or flashing lights.
4        9. Vehicles of the Illinois Department of Natural
5    Resources that are used for mine rescue and explosives
6    emergency response, when used in combination with red
7    oscillating, rotating, or flashing lights.
8    (c-1) In addition to the blue oscillating, rotating, or
9flashing lights permitted under subsection (c), and
10notwithstanding subsection (a), a vehicle operated by a
11voluntary firefighter, a voluntary member of a rescue squad, or
12a 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 call,
16or motor vehicle accident.
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 or
20unpaid member of a local or county emergency management
21services agency as defined in the Illinois Emergency Management
22Agency Act, may be equipped with white oscillating, rotating,
23or flashing lights to be used in combination with blue
24oscillating, rotating, or flashing lights, if authorization by
25local authorities is in writing and carried in the vehicle.
26    (d) The use of a combination of amber and white

 

 

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1oscillating, rotating or flashing lights, whether lighted or
2unlighted, is prohibited except motor vehicles or equipment of
3the State of Illinois, local authorities, contractors, and
4union representatives may be so equipped; furthermore, such
5lights shall not be lighted on vehicles of the State of
6Illinois, local authorities, and contractors except while such
7vehicles are engaged in highway maintenance or construction
8operations within the limits of highway construction projects,
9and shall not be lighted on the vehicles of union
10representatives except when those vehicles are within the
11limits of a construction project.
12    (e) All oscillating, rotating or flashing lights referred
13to in this Section shall be of sufficient intensity, when
14illuminated, to be visible at 500 feet in normal sunlight.
15    (f) Nothing in this Section shall prohibit a manufacturer
16of oscillating, rotating or flashing lights or his
17representative from temporarily mounting such lights on a
18vehicle for demonstration purposes only.
19    (g) Any person violating the provisions of subsections (a),
20(b), (c) or (d) of this Section who without lawful authority
21stops or detains or attempts to stop or detain another person
22shall be guilty of a Class 2 felony.
23    (h) Except as provided in subsection (g) above, any person
24violating the provisions of subsections (a) or (c) of this
25Section shall be guilty of a Class A misdemeanor.
26(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10;

 

 

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197-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, eff.
27-13-12.)
 
3    (Text of Section after amendment by P.A. 97-1173)
4    Sec. 12-215. Oscillating, rotating or flashing lights on
5motor vehicles. Except as otherwise provided in this Code:
6    (a) The use of red or white oscillating, rotating or
7flashing lights, whether lighted or unlighted, is prohibited
8except on:
9        1. Law enforcement vehicles of State, Federal or local
10    authorities;
11        2. A vehicle operated by a police officer or county
12    coroner and designated or authorized by local authorities,
13    in writing, as a law enforcement vehicle; however, such
14    designation or authorization must be carried in the
15    vehicle;
16        2.1. A vehicle operated by a fire chief who has
17    completed an emergency vehicle operation training course
18    approved by the Office of the State Fire Marshal and
19    designated or authorized by local authorities, in writing,
20    as a fire department, fire protection district, or township
21    fire department vehicle; however, the designation or
22    authorization must be carried in the vehicle, and the
23    lights may be visible or activated only when responding to
24    a bona fide emergency;
25        3. Vehicles of local fire departments and State or

 

 

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

 

 

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1    procurement organization; and
2        10. Vehicles of the Illinois Department of Natural
3    Resources that are used for mine rescue and explosives
4    emergency response.
5    (b) The use of amber oscillating, rotating or flashing
6lights, whether lighted or unlighted, is prohibited except on:
7        1. Second division vehicles designed and used for
8    towing or hoisting vehicles; furthermore, such lights
9    shall not be lighted except as required in this paragraph
10    1; such lights shall be lighted when such vehicles are
11    actually being used at the scene of an accident or
12    disablement; if the towing vehicle is equipped with a flat
13    bed that supports all wheels of the vehicle being
14    transported, the lights shall not be lighted while the
15    vehicle is engaged in towing on a highway; if the towing
16    vehicle is not equipped with a flat bed that supports all
17    wheels of a vehicle being transported, the lights shall be
18    lighted while the towing vehicle is engaged in towing on a
19    highway during all times when the use of headlights is
20    required under Section 12-201 of this Code;
21        2. Motor vehicles or equipment of the State of
22    Illinois, local authorities and contractors; furthermore,
23    such lights shall not be lighted except while such vehicles
24    are engaged in maintenance or construction operations
25    within the limits of construction projects;
26        3. Vehicles or equipment used by engineering or survey

 

 

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

 

 

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1    furthermore, such lights shall not be lighted except as
2    provided for in Section 12-212 of this Code;
3        8. Such other vehicles as may be authorized by local
4    authorities;
5        9. Law enforcement vehicles of State or local
6    authorities when used in combination with red oscillating,
7    rotating or flashing lights;
8        9.5. Propane delivery trucks;
9        10. Vehicles used for collecting or delivering mail for
10    the United States Postal Service provided that such lights
11    shall not be lighted except when such vehicles are actually
12    being used for such purposes;
13        10.5. Vehicles of the Office of the Illinois State Fire
14    Marshal, provided that such lights shall not be lighted
15    except for when such vehicles are engaged in work for the
16    Office of the Illinois State Fire Marshal;
17        11. Any vehicle displaying a slow-moving vehicle
18    emblem as provided in Section 12-205.1;
19        12. All trucks equipped with self-compactors or
20    roll-off hoists and roll-on containers for garbage or
21    refuse hauling. Such lights shall not be lighted except
22    when such vehicles are actually being used for such
23    purposes;
24        13. Vehicles used by a security company, alarm
25    responder, or control agency, or the Illinois Department of
26    Corrections;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1unlighted, is prohibited except motor vehicles or equipment of
2the State of Illinois, local authorities, contractors, and
3union representatives may be so equipped; furthermore, such
4lights shall not be lighted on vehicles of the State of
5Illinois, local authorities, and contractors except while such
6vehicles are engaged in highway maintenance or construction
7operations within the limits of highway construction projects,
8and shall not be lighted on the vehicles of union
9representatives except when those vehicles are within the
10limits of a construction project.
11    (e) All oscillating, rotating or flashing lights referred
12to in this Section shall be of sufficient intensity, when
13illuminated, to be visible at 500 feet in normal sunlight.
14    (f) Nothing in this Section shall prohibit a manufacturer
15of oscillating, rotating or flashing lights or his
16representative or authorized vendor from temporarily mounting
17such lights on a vehicle for demonstration purposes only. If
18the lights are not covered while the vehicle is operated upon a
19highway, the vehicle shall display signage indicating that the
20vehicle is out of service or not an emergency vehicle. The
21signage shall be displayed on all sides of the vehicle in
22letters at least 2 inches tall and one-half inch wide. A
23vehicle authorized to have oscillating, rotating, or flashing
24lights mounted for demonstration purposes may not activate the
25lights while the vehicle is operated upon a highway.
26    (g) Any person violating the provisions of subsections (a),

 

 

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1(b), (c) or (d) of this Section who without lawful authority
2stops or detains or attempts to stop or detain another person
3shall be guilty of a Class 2 felony.
4    (h) Except as provided in subsection (g) above, any person
5violating the provisions of subsections (a) or (c) of this
6Section shall be guilty of a Class A misdemeanor.
7(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10;
897-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, eff. 7-13-12;
997-1173, eff. 1-1-14.)
 
10    (625 ILCS 5/12-215.1 new)
11    Sec. 12-215.1. Possession of oscillating, rotating, or
12flashing lights in motor vehicles; police equipment, markings,
13and other indicia of emergency vehicle authority.
14    (a) A person, except those given exceptions in Section
1512-215 or 12-609 of this Code, may not possess or be in actual
16physical control of oscillating, rotating, or flashing lights
17or other indicia of emergency vehicle authority within any
18portion of a motor vehicle, including but not limited to
19wig-wags, red and blue LEDs, sirens, mounted or affixed devices
20or other equipment, markings or indicia of emergency vehicle
21authority.
22    (b) A person found guilty of violating this Section is
23guilty of a Class A misdemeanor.
24    (c) Oscillating, rotating, or flashing lights and any other
25equipment, markings, or indicia of emergency vehicle authority

 

 

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1shall be seized by the law enforcement officer at the time of a
2violation of this Section or of Section 12-215 or 12-609 of
3this Code upon any legal search. The officer may seize the
4vehicle containing the prohibited device or mechanism, and this
5device or mechanism shall be removed and held for evidentiary
6purposes. When the device or mechanism is no longer needed for
7evidence, the defendant may petition the court for the return
8of the device or mechanism. The defendant must prove to the
9court by a preponderance of the evidence that the device or
10mechanism will be used for a legitimate and lawful purpose.
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.