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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/Art. 11 Div. 40
(65 ILCS 5/Art. 11 Div. 40 heading)
DIVISION 40.
SPEED, SAFETY AND
DISPOSITION OF VEHICLES
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65 ILCS 5/11-40-1
(65 ILCS 5/11-40-1) (from Ch. 24, par. 11-40-1)
Sec. 11-40-1.
The corporate authorities of each municipality may regulate,
subject to the provisions of "The Illinois Vehicle Code", as now and hereafter
amended, the speed of animals, vehicles, cars and locomotives. The corporate
authorities may also regulate vehicles conveying loads within the municipality.
(Source: P.A. 81-840.)
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65 ILCS 5/11-40-2
(65 ILCS 5/11-40-2) (from Ch. 24, par. 11-40-2)
Sec. 11-40-2.
Any city, village or incorporated town having a population
of 40,000 or over, may, by ordinance, require the resident owner of a motor
vehicle to submit, not more often than semi-annually, such motor vehicle
for inspection to determine the sufficiency of the equipment required by
"The Illinois Vehicle Code", as now and hereafter amended, for safe operation
on public highways and may provide testing stations, located at convenient
places in each such city, village or incorporated town, for the inspection
of such equipment. The testing stations may be constructed, maintained and
operated from funds authorized to be appropriated for such purpose by Section
8-11-4. No fee shall be charged such owner for such inspection.
(Source: P.A. 81-840.)
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65 ILCS 5/11-40-2a
(65 ILCS 5/11-40-2a) (from Ch. 24, par. 11-40-2a)
Sec. 11-40-2a.
Except as otherwise provided in this Section, the
corporate authorities of any city of 1,000,000 or more
inhabitants may, subject to the provisions of "The Illinois Vehicle Code",
as now and hereafter amended regulate, license and prescribe safety requirements
for motor vehicles used to transport for hire students to or from a school
where students are in attendance except (a) those belonging to or used by
a common carrier or public utility operating under the jurisdiction of the
Illinois Commerce Commission, and (b) those under the jurisdiction of the
State Board of Education or owned
by the Chicago Transit Authority. However, no such municipality,
including any home rule unit, may require that school buses be equipped
with seat safety belts while transporting students who reside and attend
schools situated outside of the corporate limits of the municipality, and
it is declared to be the law of this State, pursuant to paragraph (g) of
Section 6 of Article VII of the Illinois Constitution, that this amendatory
Act of 1986 is a limitation on and denial of the powers of a home rule unit
to impose such a requirement. In this Section "school" means any public,
private or parochial elementary or secondary school or nursery.
(Source: P.A. 84-1374.)
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65 ILCS 5/11-40-2b
(65 ILCS 5/11-40-2b) (from Ch. 24, par. 11-40-2b)
Sec. 11-40-2b.
No municipality with fewer than 1,000,000 inhabitants may
regulate or prescribe safety requirements for motor vehicles
used to transport for hire students to or from a school where students are
in attendance.
This Section does not prohibit any municipality from which such vehicles
originate their operation from registering such vehicles or requiring the
purchase of vehicle stickers where no regulatory requirements are imposed.
This Section is a limitation on the power of home rule municipalities
with fewer than 1,000,000 inhabitants, and the regulation and
prescribing of safety requirements for such motor vehicles is declared an exclusive
State function in municipalities with fewer than 1,000,000 inhabitants under
Article VII, Section 6, paragraph (h) of the Constitution.
(Source: P.A. 82-1011.)
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65 ILCS 5/11-40-3
(65 ILCS 5/11-40-3) (from Ch. 24, par. 11-40-3)
Sec. 11-40-3.
Subject to the provisions of Section 11-40-3.1 of this
Code, the corporate authorities of each municipality may by
ordinance declare all inoperable motor vehicles, whether on public or
private property and in view of the general public, to be a nuisance
and authorize fines to be levied for the failure of any person to obey a
notice received from the municipality which states that such person is to
dispose of any inoperable motor vehicles under his control, and may
authorize a law enforcement agency, with applicable jurisdiction, to
remove, after 7 days from the issuance of the municipal notice, any
inoperable motor vehicle or parts thereof. However, nothing in this Section
shall apply to any motor vehicle that is kept within a building when not in
use, to operable historic vehicles over 25 years of age, or to a motor
vehicle on the premises of a place of business engaged in the wrecking or
junking of motor vehicles.
As used in this Section, "inoperable motor vehicle" means any motor
vehicle from which, for a period of at least 7 days or any greater period
fixed by ordinance, the engine, wheels or other parts have been removed, or
on which the engine, wheels or other parts have been altered, damaged or
otherwise so treated that the vehicle is incapable of being driven under
its own motor power. "Inoperable motor vehicle" shall not include a motor
vehicle which has been rendered temporarily incapable of being driven under
its own motor power in order to perform ordinary service or repair operations.
(Source: P.A. 86-460.)
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65 ILCS 5/11-40-3.1
(65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
Sec. 11-40-3.1.
The General Assembly hereby finds that in municipalities
of more than 1,000,000 inhabitants, the proliferation of hazardous
dilapidated motor vehicles constitutes a hazard to the health, safety and
welfare of the public, and that addressing the problems caused by such
abandoned dilapidated vehicles constitutes a compelling and fundamental
governmental interest. The General Assembly also finds that the only
effective method of dealing with the problem is to promulgate a
comprehensive scheme to expedite the towing and disposal of such vehicles.
The corporate authorities of each municipality of 1,000,000 inhabitants or
more may by ordinance declare all inoperable motor vehicles, whether on
public or private property and in view of the general public, to be
hazardous dilapidated motor vehicles, and may authorize a law enforcement
agency, with applicable jurisdiction, to remove immediately, any hazardous
dilapidated motor vehicle or parts thereof. Nothing in this Section shall
apply to any motor vehicle that is kept within a building when not in use,
to operable historic vehicles over 25 years of age, or to a motor vehicle
on the premises of a place of business engaged in the wrecking, selling, or junking
of motor vehicles.
As used in this Section, "hazardous dilapidated motor vehicle" means any
motor vehicle with a substantial number of essential parts, as defined by
Section 1-118 of The Illinois Vehicle Code, either damaged, removed or
altered or otherwise so treated that the vehicle is incapable of being
driven under its own motor power or, which by its general state of
deterioration, poses a threat to the public's health, safety and welfare.
"Hazardous dilapidated motor vehicle" shall not include a motor vehicle
which has been rendered temporarily incapable of being driven under its own
motor power in order to perform ordinary service or repair operations. The
owner of a vehicle towed under the provisions of this Section shall be
entitled to any hearing or review of the towing of such vehicle as provided
by State or local law.
(Source: P.A. 97-779, eff. 7-13-12.)
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