(625 ILCS 5/11-406)
Sec. 11-406. (Repealed).
(Source: P.A. 95-754, eff. 1-1-09. Repealed by P.A. 102-560, eff. 8-20-21.)
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(625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
Sec. 11-407. Immediate notice of crash.
(a) The driver of a vehicle which is in any manner involved in a crash described in Section 11-406 of this Chapter shall, if no police
officer is present, give notice of the crash by the fastest available
means of communication to the local police department if such crash
occurs within a municipality or otherwise to the nearest office of the
county sheriff or nearest headquarters of the Illinois State Police.
(b) Whenever the driver of a vehicle is physically incapable of giving
immediate notice of a crash as required in Subsection (a) and there was
another occupant in the vehicle at the time of the crash capable of
doing so, that occupant must give notice as required in Subsection (a).
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
Sec. 11-408. Police to report motor vehicle crash investigations.
(a) Every law enforcement officer who investigates a motor vehicle crash
for which a report is required by this Article or who prepares a written
report as a result of an investigation either at the time and scene of such
motor vehicle crash or thereafter by interviewing participants or
witnesses shall forward a written report of such motor vehicle crash
to the Administrator on forms provided by the Administrator under Section
11-411 within 10 days after investigation of the motor
vehicle crash, or within such other time as is prescribed by the
Administrator.
Such written reports and the information contained in those reports required to be forwarded by law enforcement officers
shall not be held confidential by the reporting law
enforcement officer or agency. The Secretary of State may also disclose
notations of crash involvement maintained on individual driving records. However, the Administrator or the
Secretary of State may require a supplemental written report from the
reporting law enforcement officer.
(b) The Department at its discretion may require a supplemental written
report from the reporting law enforcement officer on a form supplied by the
Department to be submitted directly to the Department. Such supplemental
report may be used only for crash studies and statistical or analytical
purposes under Section 11-412 or 11-414 of this Code.
(c) The Department at its discretion may provide for in-depth
investigations of crashes involving Department employees or other motor vehicle crashes by individuals or
special investigation groups, including but not limited to police officers,
photographers,
engineers, doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs, charts, sketches,
graphs, or a combination of all. Such individual written reports,
photographs, charts, sketches, or graphs may be used only for crash
studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.
(d) On and after July 1, 1997, law enforcement officers who have reason to
suspect that the motor
vehicle crash was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical Review Law of
1992, or the result of any medical condition that impaired the
driver's ability to safely operate a motor vehicle shall notify the Secretary
of
this determination. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
The
Secretary shall, in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies, promulgate any
rules necessary and develop the procedures and documents that may be required
to
obtain written, electronic, or other agreed upon methods of notification to
implement the provisions of this Section.
(e) Law enforcement officers reporting under the provisions of subsection
(d) of this Section shall enjoy the same immunities granted members of the
Driver's License Medical Advisory Board under Section 6-910 of this Code.
(f) All information furnished to the Secretary under subsection (d) of this
Section shall be deemed confidential and for the privileged use of the
Secretary in accordance with the provisions of subsection (j) of Section 2-123
of this Code.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
Sec. 11-409. False motor vehicle crash reports or notices. Any
person who provides information in an oral or written report required by
this Code with knowledge or reason to believe that such
information is false shall be guilty of a Class C misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-410)
Sec. 11-410. (Repealed).
(Source: P.A. 83-831. Repealed by P.A. 102-560, eff. 8-20-21.)
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(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
Sec. 11-411. Crash report forms.
(a) The Administrator must prepare and upon request supply to police
departments, sheriffs and other appropriate agencies or individuals, forms
for written crash reports as required hereunder, suitable with respect
to the persons required to make such reports and the purposes to be served.
The written reports must call for sufficiently detailed information to
disclose with reference to a vehicle crash the cause, conditions then
existing, and the persons and vehicles involved or any other data
concerning such crash that may be required for a complete analysis of
all related circumstances and events leading to the crash or subsequent
to the occurrence.
(b) Every crash report required to be made in writing must be made on
an approved form or in an approved electronic format provided by the Administrator and must
contain all the information required therein unless that information is not
available. The Department shall adopt any rules necessary to implement this subsection (b).
(c) Should special crash studies be required by the Administrator,
the Administrator may provide the supplemental forms for the special
studies.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
Sec. 11-412. Motor vehicle crash reports confidential. (a) All required
written motor vehicle crash reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle crash
when such identity is not otherwise known or when such person denies his presence at such motor vehicle crash and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of crash involvement maintained on
individual driving records. (b) Upon written request, the Department shall
furnish copies of its written crash reports or any supplemental reports to federal, State, and local
agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports
furnished to any agency, person, or entity other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency, person, or entity.
These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle crash, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written or supplemental report, or upon demand of any
court, a certificate showing that a specified written crash report or supplemental report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written or supplemental report
be made to the Administrator.
(c) Upon written request, the Department shall furnish motor vehicle crash data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code. (d) The Department at its discretion may provide for
in-depth investigations of crashes involving Department employees or other motor vehicle crashes. A
written report describing the preventability of such a crash may be
prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those reports and
any opinions expressed in the review of the crash as to the
preventability of the crash shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
Sec. 11-413. Coroners to report. All coroners shall
on or before the 10th day of each month report in writing to the Administrator
the death of any person within their respective jurisdiction,
during the preceding calendar month, as the result of a traffic crash giving the
time and place of the crash and the circumstances relating thereto.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
Sec. 11-414. Department to tabulate and analyze motor vehicle crash
reports. The Department shall tabulate and may analyze all written motor
vehicle crash reports received in compliance with this Code
and shall publish annually or at more frequent intervals motor vehicle crash data. The Department:
1. (blank);
2. shall, upon written request, make available to | ||
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3. may conduct special investigations of motor | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
Sec. 11-415. Municipalities may require traffic crash reports. Municipalities may by ordinance require that the driver or owner of
a vehicle involved in a traffic crash file with the designated municipal
office a written
report of such crash. All such reports shall be for the confidential
use of the municipal office and subject to the provisions of Section 11-412.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
Sec. 11-416. Furnishing
copies - Fees.
The Illinois State Police may furnish copies of an Illinois
State Police Traffic Crash Report that has been investigated by the Illinois
State Police and shall be paid a fee of $5 for each such
copy, or in the case of a crash which was investigated by a crash
reconstruction officer or crash reconstruction team, a fee of $20 shall be
paid. These fees shall be deposited into the State Police Services Fund.
Other State law enforcement agencies or law enforcement agencies of
local authorities may furnish copies of traffic crash reports
prepared by such agencies and may receive a fee not to exceed $5 for each
copy or in the case of a crash which was investigated by a crash
reconstruction officer or crash reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written crash report required or requested to be furnished the
Administrator shall be provided without cost or fee charges authorized
under this Section or any other provision of law.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-417) Sec. 11-417. Motor vehicle crash report and motor vehicle crash data. (a) Upon written request and payment of the required fee, the Department shall make available to the public motor vehicle crash data received in compliance with this Code. The Department shall adopt any rules necessary to establish a fee schedule for motor vehicle crash data made available under Section 11-414 of this Code. (b) The Department shall provide copies of a written motor vehicle crash report or motor vehicle crash data without any cost or fees authorized under any provision of law to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. (c) All fees collected under this Section shall be placed in the Road Fund to be used, subject to appropriation, for the costs associated with motor vehicle crash records and motor vehicle crash data.
(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/Ch. 11 Art. V heading) ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE,
TRANSPORTING ALCOHOLIC LIQUOR,
AND RECKLESS DRIVING
(Source: P.A. 99-78, eff. 7-20-15.) |
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of interpreting Sections
6-206.1 and 6-208.1 of this Code, "first offender" shall mean any person
who has not had a previous conviction or court assigned supervision for
violating Section 11-501, or a similar provision of a local ordinance,
or a conviction in any other state for a violation of driving while under
the influence or a similar offense where the cause of action is the same
or substantially similar to this Code or similar offenses committed on a military installation, or any person who has not had a driver's license suspension pursuant to paragraph 6 of subsection (a) of Section 6-206 as the result of refusal of chemical testing in another state, or any
person who has not had a driver's license
suspension or revocation for violating Section 11-501.1 within 5 years prior to the date of
the
current offense, except in cases where the driver submitted to
chemical testing resulting in an alcohol concentration of 0.08 or
more,
or any amount of a drug, substance, or compound in such person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in the
Illinois
Controlled Substances Act, or an intoxicating compound listed in the Use
of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and
was subsequently found not guilty of violating Section 11-501, or a similar
provision of a local ordinance.(Source: P.A. 99-697, eff. 7-29-16.) |
(625 ILCS 5/11-500.1)
Sec. 11-500.1. Immunity.
(a) A person authorized under this Article to withdraw blood or collect
urine or other bodily substance shall not be civilly liable for damages when the person, in good faith,
withdraws blood or collects urine or other bodily substance for evidentiary purposes under this Code,
upon the request of a law enforcement officer, unless the act is performed in a
willful and wanton manner.
(b) As used in this Section, "willful and wanton manner" means a course of
action that shows an actual or deliberate intention to cause harm or which, if
not intentional, shows an utter indifference to or conscious disregard for the
health or safety of another.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood, | ||
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(2) under the influence of alcohol; (3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(7) the person has, within 2 hours of driving or | ||
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(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section. (c) Penalties. (1) Except as otherwise provided in this Section, any | ||
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(2) A person who violates subsection (a) or a similar | ||
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(3) A person who violates subsection (a) is subject | ||
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(4) A person who violates subsection (a) a first | ||
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(5) A person who violates subsection (a) a second | ||
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(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(G) the person committed a violation of | ||
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(H) the person committed the violation while he | ||
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(I) the person committed the violation while he | ||
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(J) the person in committing a violation of | ||
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(K) the person in committing a second violation | ||
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(L) the person committed a violation of | ||
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(2)(A) Except as provided otherwise, a person | ||
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(B) A third violation of this Section or a similar | ||
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(C) A fourth violation of this Section or a similar | ||
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(D) A fifth violation of this Section or a similar | ||
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(E) A sixth or subsequent violation of this Section | ||
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(F) For a violation of subparagraph (C) of paragraph | ||
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(G) A violation of subparagraph (F) of paragraph (1) | ||
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(H) For a violation of subparagraph (J) of paragraph | ||
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(I) A violation of subparagraph (K) of paragraph (1) | ||
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(J) A violation of subparagraph (D) of paragraph (1) | ||
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(3) Any person sentenced under this subsection (d) | ||
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(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section. (f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court. (g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a). (h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.01) Sec. 11-501.01. Additional administrative sanctions. (a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. (b) Any person who is found guilty of or pleads guilty to violating Section 11-501, including any person receiving a disposition of court supervision for violating that Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State's Attorney's office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court. (c) (Blank). (d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance. (e) The Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of Section 11-501 or a similar provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (e), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of this Code. (f) (Blank). (g) The Secretary of State Police DUI Fund is created as a special fund in the State treasury and, subject to appropriation, shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including, but not limited to, the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol-related criminal violence throughout the State; police officer training and education in areas related to alcohol-related crime, including, but not limited to, DUI training; and police officer salaries, including, but not limited to, salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. (h) Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual's state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards. (i) (Blank).
(j) A person that is subject to a chemical test or tests of blood under subsection (a) of Section 11-501.1 or subdivision (c)(2) of Section 11-501.2 of this Code, whether or not that person consents to testing, shall be liable for the expense up to $500 for blood withdrawal by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or a qualified person other than a police officer approved by the Illinois State Police to withdraw blood, who responds, whether at a law enforcement facility or a health care facility, to a police department request for the drawing of blood based upon refusal of the person to submit to a lawfully requested breath test or probable cause exists to believe the test would disclose the ingestion, consumption, or use of drugs or intoxicating compounds if: (1) the person is found guilty of violating Section | ||
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(2) the person pleads guilty to or stipulates to | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.) |
(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory summary
alcohol, other drug or drugs, or intoxicating compound or
compounds related suspension or revocation; implied consent. (a) Any person who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be deemed to have given
consent, subject to the provisions of Section 11-501.2, to a chemical test or
tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested,
as evidenced by the issuance of a Uniform Traffic Ticket, for any offense
as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the law enforcement officer shall request a chemical test or tests which shall be administered at the direction of the arresting
officer. The law enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered
even after a blood or breath test or both has
been administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an adjoining state, where
the person has been transported for medical care, to complete an
investigation and to request that the person submit to the test or tests
set forth in this Section. The requirements of this Section that the
person be arrested are inapplicable, but the officer shall issue the person
a Uniform Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the Uniform Traffic Ticket
shall not constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this Section and
of the officer's belief of the existence of probable cause to
arrest. Upon returning to this State, the officer shall file the Uniform
Traffic Ticket with the Circuit Clerk of the county where the offense was
committed, and shall seek the issuance of an arrest warrant or a summons
for the person. (a-5) (Blank). (b) Any person who is dead, unconscious, or who is otherwise in a condition
rendering the person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of Section 11-501.2. (c) A person requested to submit to a test as provided above shall
be warned by the law enforcement officer requesting the test that a
refusal to submit to the test will result in the statutory summary
suspension of the person's privilege to operate a motor vehicle, as provided
in Section 6-208.1 of this Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned that a refusal to submit to the test, when the person was involved in a motor vehicle crash that caused personal injury or death to another, will result in the statutory summary revocation of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance or urine, a statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, will be imposed. If the person is also a CDL holder, he or she shall be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of cannabis as covered by the Cannabis Control Act, a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance, or urine, a disqualification of
the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, will be imposed. A person who is under the age of 21 at the time the person is requested to
submit to a test as provided above shall, in addition to the warnings provided
for in this Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or tests provided in
paragraph (a) of this Section and the alcohol concentration in the person's
blood, other bodily substance, or breath is greater than 0.00 and less than 0.08, a
suspension of the
person's privilege to operate a motor vehicle, as provided under Sections
6-208.2 and 11-501.8 of this Code, will be imposed. The results of this test
shall be admissible in a civil or criminal action or proceeding arising from an
arrest for an offense as defined in Section 11-501 of this Code or a similar
provision of a local ordinance or pursuant to Section 11-501.4 in prosecutions
for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012. These test
results, however, shall be admissible only in actions or proceedings directly
related to the incident upon which the test request was made. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall also immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. (e) Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph (d), the Secretary of State shall enter the
statutory summary suspension or revocation and disqualification for the periods specified in Sections
6-208.1 and 6-514, respectively,
and effective as provided in paragraph (g). If the person is a first offender as defined in Section 11-500 of this
Code, and is not convicted of a violation of Section 11-501
of this Code or a similar provision of a local ordinance, then reports
received by the Secretary of State under this Section shall, except during
the actual time the Statutory Summary Suspension is in effect, be
privileged information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect. A statutory summary revocation shall not be privileged information. (f) The law enforcement officer submitting the sworn report under paragraph
(d) shall serve immediate notice of the statutory summary suspension or revocation on the
person and the suspension or revocation and disqualification shall be effective as provided in paragraph (g). (1) In cases involving a person who is not a CDL | ||
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(1.3) In cases involving a person who is a CDL holder | ||
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(1.5) The officer shall confiscate any Illinois | ||
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(2) (Blank). (g) The statutory summary suspension or revocation and disqualification
referred to in this Section shall
take effect on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person. (h) The following procedure shall apply
whenever a person is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance: Upon receipt of the sworn report from the law enforcement officer,
the Secretary of State shall confirm the statutory summary suspension or revocation by
mailing a notice of the effective date of the suspension or revocation to the person and
the court of venue. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation shall not be mailed to the
person or entered to the record; instead, the sworn report shall
be
forwarded to the court of venue with a copy returned to the issuing agency
identifying any defect. (i) As used in this Section, "personal injury" includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or proceeding arising out
of an arrest for an offense as defined in Section 11-501 or a similar local
ordinance or proceedings pursuant to Section 2-118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood
or breath at the time alleged, as determined by analysis of the person's blood,
urine, breath, or other bodily substance, shall be admissible. Where such test
is made the following provisions shall apply:
1. Chemical analyses of the person's blood, urine, | ||
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2. When a person in this State shall submit to a | ||
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When a blood test of a person who has been taken to | ||
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3. The person tested may have a physician, or a | ||
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4. Upon the request of the person who shall submit to | ||
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5. Alcohol concentration shall mean either grams of | ||
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6. Tetrahydrocannabinol concentration means either 5 | ||
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(a-5) Law enforcement officials may use validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of Section 11-501 or similar local ordinance by drivers suspected of driving under the influence of cannabis. The General Assembly finds that (i) validated roadside chemical tests are effective means to determine if a person is under the influence of cannabis and (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration are divided attention tasks that are intended to determine if a person is under the influence of cannabis. The purpose of these tests is to determine the effect of the use of cannabis on a person's capacity to think and act with ordinary care and therefore operate a motor vehicle safely. Therefore, the results of these validated roadside chemical tests and standardized field sobriety tests, appropriately administered, shall be admissible in the trial of any civil or criminal action or proceeding arising out of an arrest for a cannabis-related offense as defined in Section 11-501 or a similar local ordinance or proceedings under Section 2-118.1 or 2-118.2. Where a test is made the following provisions shall apply: 1. The person tested may have a physician, or a | ||
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2. Upon the request of the person who shall submit to | ||
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3. At the trial of any civil or criminal action or | ||
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(b) Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of alcohol,
the concentration of alcohol in the person's blood or breath at the time
alleged as shown by analysis of the person's blood, urine, breath, or other
bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration | ||
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2. If there was at that time an alcohol concentration | ||
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3. If there was at that time an alcohol concentration | ||
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4. The foregoing provisions of this Section shall not | ||
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(b-5) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, the concentration of cannabis in the person's whole blood or other bodily substance at the time alleged as shown by analysis of the person's blood or other bodily substance shall give rise to the following presumptions: 1. If there was a tetrahydrocannabinol concentration | ||
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2. If there was at that time a tetrahydrocannabinol | ||
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(c) 1. If a person under arrest refuses to submit to a chemical test
under
the provisions of Section 11-501.1, evidence of refusal shall be admissible
in any civil or criminal action or proceeding arising out of acts alleged
to have been committed while the person under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof was driving or in actual physical
control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to submit to
these tests or any ability to revoke the implied consent to these tests, if a
law enforcement officer has probable cause to believe that a motor vehicle
driven by or in actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds,
or any combination thereof
has caused the death or
personal injury to another, the law enforcement officer shall request, and that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or her blood, breath, other bodily substance, or
urine for the purpose of
determining the alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or imposition of driver's
license sanctions under Section 11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes any Type A
injury as indicated on the traffic crash report completed by a law
enforcement officer that requires immediate professional attention in either a
doctor's office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) If a person refuses validated roadside chemical tests or standardized field sobriety tests under Section 11-501.9 of this Code, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts committed while the person was driving or in actual physical control of a vehicle and alleged to have been impaired by the use of cannabis. (e) Illinois State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Illinois State Police laboratories is subject to appropriation and until the Illinois State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with ISO/IEC 17025:2005. (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in
the regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of
blood, other bodily substance, or urine tests performed for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any
combination thereof, of an individual's blood, other bodily substance, or urine conducted upon persons
receiving
medical treatment in a hospital emergency room are admissible in evidence as a
business record exception to the hearsay rule only in prosecutions for any
violation of Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when each of the following criteria are met:
(1) the chemical tests performed upon an individual's | ||
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(2) the chemical tests performed upon an individual's | ||
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(3) results of chemical tests performed upon an | ||
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(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical tests
performed upon an individual's blood, other bodily substance, or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No person shall
be liable for civil damages as a result of the evidentiary use of chemical
testing of an individual's blood, other bodily substance, or urine test results under this Section, or as a
result of that person's testimony made available under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood, other bodily substance, or urine conducted in
the regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the results of blood, other bodily substance, or
urine
tests performed for the purpose of determining the content of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any combination
thereof, in an individual's blood, other bodily substance, or urine conducted upon persons
receiving medical treatment in a hospital emergency room for injuries resulting
from a motor vehicle crash shall be disclosed
to the Illinois State Police
or local law enforcement agencies of jurisdiction, upon request.
Such blood, other bodily substance, or urine tests are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of Section
11-501 of this Code or a similar provision of a local ordinance, or in
prosecutions for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment shall not be applicable with regard to tests performed upon
an
individual's blood, other bodily substance, or urine under the provisions of subsection (a) of this
Section. No person shall be liable for civil damages or professional discipline
as a result of the disclosure or reporting of the tests or the evidentiary
use of an
individual's blood, other bodily substance, or urine test results under this Section or Section 11-501.4
or as a result of that person's testimony made available under this Section or
Section 11-501.4, except for willful or wanton misconduct.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
Sec. 11-501.5. Preliminary Breath Screening Test.
(a) If a law enforcement officer has reasonable suspicion to believe
that a person is
violating or has violated Section 11-501 or a similar provision of a local
ordinance, the officer, prior to an arrest, may request the person to
provide a sample of his or her breath for a preliminary breath screening
test using a portable device approved by the Illinois State Police.
The person may refuse the test.
The results of this preliminary breath screening test may be used by the
law enforcement officer for the purpose of assisting with the determination
of whether to require a chemical test as authorized under Sections 11-501.1
and 11-501.2, and the appropriate type of test to request. Any chemical
test authorized under Sections 11-501.1 and 11-501.2 may be requested by
the officer regardless of the result of the preliminary breath screening
test, if probable cause for an arrest exists. The result of a preliminary
breath screening test may be used by the defendant as evidence in any
administrative or court proceeding involving a violation of Section 11-501 or
11-501.1.
(b) The Illinois State Police shall create a pilot program to
establish
the effectiveness of pupillometer technology (the measurement of the pupil's
reaction to light) as a noninvasive technique to detect and measure possible
impairment of any person who drives or is in actual physical control of a motor
vehicle resulting from the suspected usage of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof. This technology
shall also be used to detect fatigue levels of the operator of a Commercial
Motor Vehicle as defined in Section 6-500(6), pursuant to Section 18b-105
(Part 395-Hours of Service of Drivers) of the Illinois Vehicle Code.
A State Police officer may request that the operator of a commercial motor
vehicle have his or her eyes examined or tested with a pupillometer device.
The person may refuse the examination or test. The State Police officer shall
have the device readily available to limit undue delays.
If a State Police officer has reasonable suspicion to believe that a
person is violating or has violated Section 11-501, the officer may use the
pupillometer technology, when available. The officer, prior to an arrest, may
request the person to have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination or test. The
results of this examination or test may be used by
the officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Sections 11-501.1 and 11-501.2 and
the appropriate type of test to request. Any chemical test authorized under
Sections 11-501.1 and 11-501.2 may be requested by the officer regardless of
the result of the pupillometer examination or test, if probable cause for an
arrest exists. The result of the examination or test may be used by the
defendant as evidence in any administrative or court proceeding involving a
violation of 11-501 or 11-501.1.
The pilot program shall last for a period of 18 months and involve the
testing of 15 pupillometer devices. Within 90 days of the completion of the
pilot project, the Illinois State Police shall file a report with the
President of the Senate and Speaker of the House evaluating the project.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) Sec. 11-501.6. Driver involvement in personal injury or fatal motor
vehicle crash; chemical test. (a) Any person who drives or is in actual control of a motor vehicle
upon the public highways of this State and who has been involved in a
personal injury or fatal motor vehicle crash, shall be deemed to have
given consent to a breath test using a portable device as approved by the
Illinois State Police or to a chemical test or tests
of blood, breath, other bodily substance, or
urine for the purpose of determining the content of alcohol,
other
drug or drugs, or intoxicating compound or compounds of such
person's blood if arrested as evidenced by the issuance of a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a similar provision of
a local ordinance, with the exception of equipment violations contained in
Chapter 12 of this Code, or similar provisions of local ordinances. The test
or tests shall be administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate which of the
aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered even
after a blood or breath test or both has been administered. Compliance with
this Section does not relieve such person from the requirements of Section
11-501.1 of this Code. (b) Any person who is dead, unconscious or who is otherwise in a
condition rendering such person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section. In
addition, if a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle crash, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well-being of the patient. (c) A person requested to submit to a test as provided above shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in such person's blood, other bodily substance, or urine, may
result in the suspension of such person's privilege to operate a motor vehicle. If the person is also a CDL holder, he or she shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis, as covered by the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood, other bodily substance, or urine, may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code.
The length of the suspension shall be the same as outlined in Section
6-208.1 of this Code regarding statutory summary suspensions. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance,
or intoxicating compound in such person's blood or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested under subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested under subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Upon receipt of the sworn report of a law enforcement officer, the
Secretary shall enter the suspension and disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th day following the date notice of the
suspension was given to the person. The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and such suspension and disqualification shall be effective
on the 46th day following the date notice was given. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or more,
or blood testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to such person at his or her address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day following the date
notice was given. In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or more,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis as listed in the Cannabis Control Act, a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the Uniform Traffic
Ticket and the suspension and disqualification shall be effective on the 46th day following the date
notice was given. Upon receipt of the sworn report of a law enforcement officer, the Secretary
shall also give notice of the suspension and disqualification to the driver by mailing a notice of
the effective date of the suspension and disqualification to the individual. However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension and disqualification shall not be mailed to the
person or entered to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency. (e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL privileges by
requesting an administrative hearing with the Secretary in accordance with
Section 2-118 of this Code. At the conclusion of a hearing held under
Section 2-118 of this Code, the Secretary may rescind, continue, or modify the
orders
of suspension and disqualification. If the Secretary does not rescind the orders of suspension and disqualification, a restricted
driving permit may be granted by the Secretary upon application being made and
good cause shown. A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6-206 of this Code. The provisions of Section 6-206 of
this Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified.
(f) (Blank). (g) For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic crash report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
Sec. 11-501.7.
(a) As a condition of probation or discharge of a
person convicted of a violation of Section 11-501 of this Code, who was
less than 21 years of age at the time of the offense, or a person
adjudicated delinquent pursuant to the Juvenile Court Act of 1987, for violation of
Section 11-501 of this Code, the Court may order the offender to
participate in the Youthful Intoxicated Drivers' Visitation Program.
The Program shall consist of a supervised visitation as provided
by this Section by the person to at least one of the following, to the
extent that personnel and facilities are available:
(1) A State or private rehabilitation facility that | ||
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(2) A facility which cares for advanced alcoholics to | ||
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(3) If approved by the coroner of the county where | ||
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(b) The Program shall be operated by the appropriate probation
authorities of the courts of the various circuits. The youthful offender
ordered to participate in the Program shall bear all costs associated with
participation in the Program. A parent or guardian of the offender may
assume the obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the costs of
participation in the Program upon a finding of indigency.
(c) As used in this Section, "appropriate victims" means victims whose
condition is determined by the visit supervisor to demonstrate the results of
motor vehicle crashes involving persons under the influence of alcohol
without being excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation of victims or
persons with disabilities, a comprehensive counseling session with the visitation
supervisor at which the supervisor shall explain and discuss the
experiences which may be encountered during the visitation in order to
ascertain whether the visitation is appropriate.
(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons under age 21.
(a) A person who is less than 21 years of age and who drives or
is in actual physical control of a motor vehicle upon the
public highways of this State shall be deemed to have given consent to a
chemical test or tests of blood, breath, other bodily substance, or urine for the purpose of
determining the alcohol content of the person's blood if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition or
other first hand knowledge of the police officer. The test or tests shall be
administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. Up to 2 additional tests of urine or other bodily substance may be administered even after a blood or
breath test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine, | ||
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(ii) When a person submits to a blood test at the | ||
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(iii) The person tested may have a physician, | ||
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(iv) Upon a request of the person who submits to a | ||
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(v) Alcohol concentration means either grams of | ||
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(vi) If a driver is receiving medical treatment as a | ||
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(c) A person requested to submit to a test as provided above shall be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or submission to the test resulting in an alcohol concentration of
more than 0.00, may result in the loss of that person's privilege to operate a
motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The loss of driving privileges shall be imposed in accordance
with Section 6-208.2 of this Code.
A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol concentration of
more than 0.00. The law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol concentration of
more than 0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the suspension and disqualification on the individual's driving
record and the suspension and disqualification shall be effective on the 46th day following the date
notice of the suspension was given to the person. If this suspension is the
individual's first driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall, except during the
time the suspension is in effect, be privileged information and for use only by
the courts, police officers, prosecuting authorities, the Secretary of State,
or the individual personally, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged.
Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the suspension is in effect.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and the suspension and disqualification shall
be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood, other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit
in the United States mail of that notice in an envelope with postage prepaid
and addressed to that person at his last known address and the loss of driving
privileges shall be effective on the 46th day following the date notice was
given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the suspension and disqualification to the driver
by mailing a notice of the effective date of the suspension and disqualification to the individual.
However, should the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this suspension and disqualification by requesting an
administrative hearing with the Secretary of State in accordance with Section
2-118 of this Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she consumed
alcohol in the performance of a religious service or ceremony. An individual
whose blood alcohol concentration is shown to be more than 0.00 shall not be
subject to this Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing shall not stay
or delay the effective date of the impending suspension. The scope of this
hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to | ||
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(2) whether the person was issued a Uniform Traffic | ||
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(3) whether the police officer had probable cause to | ||
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(4) whether the person, after being advised by the | ||
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(5) whether the person, after being advised by the | ||
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(6) whether the test result of an alcohol | ||
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(7) whether the test result of an alcohol | ||
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At the conclusion of the hearing held under Section 2-118 of
this Code, the Secretary of State may rescind, continue, or modify the suspension and disqualification. If the Secretary of State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of State upon
application being made and good cause shown. A restricted driving permit may be
granted to relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of part (c) of
Section 6-206 of this Code. The provisions of item (3) of part (c) of Section
6-206 of this Code and of subsection (f) of that Section shall apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and awareness program or
activity, a drug education and awareness program or activity, or both as a
condition to the issuance of a restricted driving permit for suspensions
imposed under this Section.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results of the testing may be considered at a
hearing held under Section 2-118 of this Code. However, the results of
the testing may not be used to impose driver's license sanctions under
Section 11-501.1 of this Code. A law enforcement officer may, however, pursue
a statutory summary suspension or revocation of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge forms the basis
of that suspension or revocation.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic Ticket for a
violation of the Illinois Vehicle Code or a similar provision of a local
ordinance, and a chemical test request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, cancelling, or
disqualifying any license or
permit shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every action
for the judicial review of final acts or decisions of the Secretary of State
under this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.9) Sec. 11-501.9. Suspension of driver's license; failure or refusal of validated roadside chemical tests; failure or refusal of field sobriety tests; implied consent. (a) A person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to (i) validated roadside chemical tests or (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration, under subsection (a-5) of Section 11-501.2 of this Code, if detained by a law enforcement officer who has a reasonable suspicion that the person is driving or is in actual physical control of a motor vehicle while impaired by the use of cannabis. The law enforcement officer must have an independent, cannabis-related factual basis giving reasonable suspicion that the person is driving or in actual physical control of a motor vehicle while impaired by the use of cannabis for conducting validated roadside chemical tests or standardized field sobriety tests, which shall be included with the results of the validated roadside chemical tests and field sobriety tests in any report made by the law enforcement officer who requests the test. The person's possession of a registry identification card issued under the Compassionate Use of Medical Cannabis Program Act alone is not a sufficient basis for reasonable suspicion. For purposes of this Section, a law enforcement officer of this State who is investigating a person for an offense under Section 11-501 of this Code may travel into an adjoining state where the person has been transported for medical care to complete an investigation and to request that the person submit to field sobriety tests under this Section. (b) A person who is unconscious, or otherwise in a condition rendering the person incapable of refusal, shall be deemed to have withdrawn the consent provided by subsection (a) of this Section. (c) A person requested to submit to validated roadside chemical tests or field sobriety tests, as provided in this Section, shall be warned by the law enforcement officer requesting the field sobriety tests that a refusal to submit to the validated roadside chemical tests or field sobriety tests will result in the suspension of the person's privilege to operate a motor vehicle, as provided in subsection (f) of this Section. The person shall also be warned by the law enforcement officer that if the person submits to validated roadside chemical tests or field sobriety tests as provided in this Section which disclose the person is impaired by the use of cannabis, a suspension of the person's privilege to operate a motor vehicle, as provided in subsection (f) of this Section, will be imposed. (d) The results of validated roadside chemical tests or field sobriety tests administered under this Section shall be admissible in a civil or criminal action or proceeding arising from an arrest for an offense as defined in Section 11-501 of this Code or a similar provision of a local ordinance. These test results shall be admissible only in actions or proceedings directly related to the incident upon which the test request was made. (e) If the person refuses validated roadside chemical tests or field sobriety tests or submits to validated roadside chemical tests or field sobriety tests that disclose the person is impaired by the use of cannabis, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State certifying that testing was requested under this Section and that the person refused to submit to validated roadside chemical tests or field sobriety tests or submitted to validated roadside chemical tests or field sobriety tests that disclosed the person was impaired by the use of cannabis. The sworn report must include the law enforcement officer's factual basis for reasonable suspicion that the person was impaired by the use of cannabis. (f) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (e) of this Section, the Secretary of State shall enter the suspension to the driving record as follows: (1) for refusal or failure to complete validated | ||
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(2) for submitting to validated roadside chemical | ||
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The Secretary of State shall confirm the suspension by mailing a notice of the effective date of the suspension to the person and the court of venue. However, should the sworn report be defective for insufficient information or be completed in error, the confirmation of the suspension shall not be mailed to the person or entered to the record; instead, the sworn report shall be forwarded to the court of venue with a copy returned to the issuing agency identifying the defect. (g) The law enforcement officer submitting the sworn report under subsection (e) of this Section shall serve immediate notice of the suspension on the person and the suspension shall be effective as provided in subsection (h) of this Section. If immediate notice of the suspension cannot be given, the arresting officer or arresting agency shall give notice by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the suspension shall begin as provided in subsection (h) of this Section. The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow the person to drive during the period provided for in subsection (h) of this Section. The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report under subsection (e) of this Section. (h) The suspension under subsection (f) of this Section shall take effect on the 46th day following the date the notice of the suspension was given to the person. (i) When a driving privilege has been suspended under this Section and the person is subsequently convicted of violating Section 11-501 of this Code, or a similar provision of a local ordinance, for the same incident, any period served on suspension under this Section shall be credited toward the minimum period of revocation of driving privileges imposed under Section 6-205 of this Code.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) |
(625 ILCS 5/11-501.10) Sec. 11-501.10. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed internally, eff. 7-1-21) |
(625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
Sec. 11-502. Transportation or possession of alcoholic liquor in
a motor vehicle. (a) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may
transport, carry, possess or have any alcoholic
liquor within the passenger area of any motor vehicle upon a highway in
this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger may carry, possess
or have any alcoholic liquor within any passenger area of any motor vehicle
upon a highway in this State except in the original container and with the
seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when
it is being used for purposes for which a limousine is ordinarily used,
the passengers on a chartered bus when it is being used for purposes for
which chartered buses are ordinarily used or on a motor home or mini motor
home as defined in Section 1-145.01 of this Code. However, the driver of
any such vehicle is prohibited from consuming or having any alcoholic
liquor in or about the driver's area. Any evidence of alcoholic consumption
by the driver shall be prima facie evidence of such driver's failure to
obey this Section. For the purposes of this Section, a limousine is a motor
vehicle of the first division with the passenger compartment enclosed by a
partition or dividing window used in the for-hire transportation of
passengers and operated by an individual in possession of a valid Illinois
driver's license of the appropriate classification pursuant to Section 6-104
of this Code.
(d) (Blank).
(e) Any driver who is convicted of violating subsection (a) of this
Section for a second or subsequent time within one year of a similar
conviction shall be subject to suspension of driving privileges as
provided, in paragraph 23 of subsection (a) of Section 6-206 of this Code.
(f) Any driver, who is less than 21 years of age at the date of the
offense and who is convicted of violating subsection (a) of this Section or a
similar provision of a local ordinance, shall be subject to the loss of driving
privileges as provided in paragraph 13 of subsection (a) of Section 6-205 of
this Code and paragraph 33 of subsection (a) of Section 6-206 of this Code.
(Source: P.A. 101-517, eff. 8-23-19.)
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(625 ILCS 5/11-502.1) Sec. 11-502.1. Possession of medical cannabis in a motor vehicle. (a) No driver, who is a medical cannabis cardholder, may use medical cannabis within the passenger area of any motor vehicle upon a highway in this State. (b) No driver, who is a medical cannabis cardholder, a medical cannabis designated caregiver, medical cannabis cultivation center agent, or dispensing organization agent may possess medical cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis container that is inaccessible. (c) No passenger, who is a medical cannabis card holder, a medical cannabis designated caregiver, or medical cannabis dispensing organization agent may possess medical cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis container that is inaccessible. (d) Any person who violates subsections (a) through (c) of this Section: (1) commits a Class A misdemeanor; (2) shall be subject to revocation of his or her | ||
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(3) shall be subject to revocation of his or her | ||
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(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-558, eff. 8-20-21.) |
(625 ILCS 5/11-502.15) Sec. 11-502.15. Possession of adult use cannabis in a motor vehicle. (a) No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State. (b) No driver may possess cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible. (c) No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible. (d) Any person who knowingly violates subsection (a), (b), or (c) of this Section commits a Class A misdemeanor.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
Sec. 11-503. Reckless driving; aggravated reckless driving.
(a) A
person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton | ||
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(2) knowingly drives a vehicle and uses an incline in | ||
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(b) Every person convicted of reckless driving shall be guilty of a
Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this
Section.
(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony.
(c) Every person convicted of committing a violation of subsection (a)
shall
be guilty of aggravated reckless driving if the violation results in great
bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated
reckless driving is a Class 4 felony. (d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony.
(Source: P.A. 95-467, eff. 6-1-08.)
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(625 ILCS 5/11-504)
Sec. 11-504. (Repealed).
(Source: P.A. 83-831. Repealed by P.A. 95-310, eff. 1-1-08.)
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(625 ILCS 5/11-505) (from Ch. 95 1/2, par. 11-505)
Sec. 11-505.
No person shall operate any motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other
such noise from the vehicle's tires due to rapid acceleration or excessive
speed around corners or other such reason.
This Section shall not apply to the following conditions:
(a) an authorized emergency vehicle, when responding to an emergency
call or when in the pursuit of an actual or suspected violator; nor
(b) the emergency operation of a motor vehicle when avoiding imminent
danger; nor
(c) any raceway, racing facility or other public event, not part of a
highway, sanctioned by the appropriate governmental authority.
(Source: P.A. 86-664.)
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(625 ILCS 5/11-506) Sec. 11-506. Street racing; aggravated street racing; street sideshows. (a) No person shall engage in street racing on any street or highway of this State. (a-5) No person shall engage in a street sideshow on any street or highway of this State. (b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow. (b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow. (c) For the purposes of this Section: "Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing. "Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons. "Street racing" means: (1) The operation of 2 or more vehicles from a point | ||
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(2) The operation of one or more vehicles over a | ||
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(3) The use of one or more vehicles in an attempt to | ||
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(4) The use of one or more vehicles to prevent | ||
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(5) The use of one or more vehicles to arrive at a | ||
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(6) The use of one or more vehicles to test the | ||
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"Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed. (d) Penalties. (1) Any person who is convicted of a violation of | ||
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(2) Any person who is convicted of a violation of | ||
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(3) Every person convicted of committing a violation | ||
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(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/11-507) Sec. 11-507. Supervising a minor driver while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person shall not accompany or provide instruction, pursuant to subsection (a) of Section 6-107.1 of this Code, to a driver who is a minor and driving a motor vehicle pursuant to an instruction permit under Section 6-107.1 of this Code, while: (1) the alcohol concentration in the person's blood, | ||
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(2) under the influence of alcohol; (3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(b) A person found guilty of violating this Section is guilty of an offense against the regulations governing the movement of vehicles.
(Source: P.A. 99-697, eff. 7-29-16.) |
(625 ILCS 5/Ch. 11 Art. VI heading) ARTICLE VI.
SPEED RESTRICTIONS
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(625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
Sec. 11-601. General speed restrictions.
(a) No vehicle may be driven upon any highway of this State at a speed
which is greater than is reasonable and proper with regard to traffic
conditions and the use of the highway, or endangers the safety of any
person or property. The fact that the speed of a vehicle does not exceed
the applicable maximum speed limit does not relieve the driver from the
duty to decrease speed when approaching and crossing an intersection,
approaching and going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, or when special hazard exists
with respect to pedestrians or other traffic or by reason of weather or
highway conditions. Speed must be decreased as may be necessary to avoid
colliding with any person or vehicle on or entering the highway in
compliance with legal requirements and the duty of all persons to use due
care.
(a-5) For purposes of this Section, "urban district" does not include any interstate highway as defined by Section 1-133.1 of this Code which includes all highways under the jurisdiction of the Illinois State Toll Highway Authority. (b) No person may drive a vehicle upon any highway of this State at a
speed which is greater than the applicable statutory maximum speed limit
established by paragraphs (c), (d), (e), (f) or (g) of this Section, by
Section 11-605 or by a regulation or ordinance made under this Chapter.
(c) Unless some other speed restriction is established under this
Chapter, the maximum speed limit in an urban district for all vehicles is:
1. 30 miles per hour; and
2. 15 miles per hour in an alley.
(d) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for any vehicle is (1) 65 miles per hour for all or part of highways that are designated by
the Department, have at least 4 lanes of traffic, and have a separation between
the roadways moving in opposite directions and (2) 55 miles per hour for all
other highways, roads, and streets.
(d-1) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway as defined by Section 1-133.1 of this Code which includes all highways under the jurisdiction of the Illinois State Toll Highway Authority; (2) 65 miles per hour for all or part of highways that are designated by the Department, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 55 miles per hour for all other highways, roads, and streets. The counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will may adopt ordinances setting a maximum speed limit on highways, roads, and streets that is lower than the limits established by this Section. (e) In the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, unless some lesser speed restriction is established under
this
Chapter, the maximum speed limit outside an urban district for a second
division vehicle designed or used for the carrying of a gross weight of
8,001 pounds or more (including the weight of the vehicle and
maximum load) is 60 miles per hour on any interstate highway as defined by Section 1-133.1 of this Code and
55 miles per hour on all other highways, roads, and streets.
(e-1) (Blank). (f) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for a bus is:
1. 65 miles per hour upon any highway which has at | ||
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1.5. 70 miles per hour upon any interstate highway as | ||
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2. 55 miles per hour on any other highway.
(g) (Blank).
(Source: P.A. 98-511, eff. 1-1-14; 98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(625 ILCS 5/11-601.5)
Sec. 11-601.5. Driving 26 miles per hour or more in excess of
applicable limit. (a) A person who drives a vehicle upon any highway of
this State at a speed that is 26 miles per hour or more but less than 35 miles per hour in excess of
the applicable maximum speed limit established under this Chapter or a
local ordinance commits a Class B misdemeanor. (b) A person who drives a vehicle upon any highway of
this State at a speed that is 35 miles per hour or more in excess of
the applicable maximum speed limit established under this Chapter or a
local ordinance commits a Class A misdemeanor.
(Source: P.A. 98-511, eff. 1-1-14.)
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(625 ILCS 5/11-602) (from Ch. 95 1/2, par. 11-602)
Sec. 11-602. Alteration of limits by Department. Whenever the Department
determines,
upon the basis of an engineering and traffic investigation concerning any
highway for which the Department has maintenance responsibility, that a
maximum speed limit prescribed in Section 11-601 of this Chapter is greater
or less than is reasonable or safe with respect to the conditions found
to exist at any intersection or other place on such highway or along any
part or zone thereof, the Department shall determine and declare a reasonable
and safe absolute maximum speed limit applicable to such intersection or
place, or along such part or zone. However, such limit shall conform with the maximum speed limit restrictions provided for in Section 11-601 of this Code. Where
a highway under the Department's jurisdiction
is contiguous to school property, the Department may, at the school district's
request, set a
reduced maximum speed limit for student safety purposes in the portion of the
highway that faces the school property and in the portions of the highway that
extend
one-quarter mile in each direction from the opposite ends of the school
property. A limit determined and
declared as provided in this Section becomes effective, and suspends the
applicability of the limit
prescribed
in Section 11-601 of this Chapter, when appropriate signs giving notice
of the limit are erected at such intersection or other
place, or along such part or zone of the highway. Electronic
speed-detecting devices shall not be used within 500 feet beyond any such
sign in the direction of travel; if so used in violation hereof, evidence
obtained thereby shall be inadmissible in any prosecution for speeding.
However, nothing in this Section prohibits the use of such electronic
speed-detecting devices within 500 feet of a sign within a special
school speed zone indicating such zone, conforming to the requirements of
Section 11-605 of this Act, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit in such
special school speed zone.
(Source: P.A. 98-511, eff. 1-1-14.)
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(625 ILCS 5/11-603) (from Ch. 95 1/2, par. 11-603)
Sec. 11-603. Alteration of limits by Toll Highway Authority.
Whenever the Illinois State Toll Highway Authority
determines, upon the basis of an
engineering and traffic investigation concerning a toll highway under its
jurisdiction, that a maximum speed limit prescribed in Section 11-601 of
this Chapter is greater or less than is reasonable or safe with respect to
conditions found to exist at any place or along any part or zone of such
highway, the Authority shall determine and declare by regulation a
reasonable and safe absolute maximum speed limit at such place or along
such part or zone, and the speed limit shall conform with the maximum speed limit restrictions provided for in Section 11-601 of this Code. A limit so determined
and declared becomes effective, and suspends the application of the limit
prescribed in Section 11-601 of this Chapter, when (a) the Department
concurs in writing with the Authority's regulation, and (b) appropriate
signs giving notice of the limit are erected at such place or along such
part or zone of the highway. Electronic speed-detecting devices shall not
be used within 500 feet beyond any such sign in the direction of travel; if
so used in violation hereof, evidence obtained thereby shall be
inadmissible in any prosecution for speeding.
(Source: P.A. 98-511, eff. 1-1-14.)
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(625 ILCS 5/11-604) (from Ch. 95 1/2, par. 11-604)
Sec. 11-604. Alteration of limits by local authorities. (a) Subject to
the limitations set forth in this Section, the county board of a county
may establish absolute maximum speed limits on all county highways,
township roads and district roads as defined in the Illinois Highway
Code, except those under the jurisdiction
of the Department or of the Illinois State Toll Highway Authority, as
described in Sections 11-602 and 11-603 of this Chapter; and any park
district, city, village, or incorporated town may establish absolute
maximum speed limits on all streets which are within its corporate
limits and which are not under the jurisdiction of the Department or of
such Authority, and for which the county or a highway commissioner of
such county does not have maintenance responsibility.
(b) Whenever any such park district, city, village, or
incorporated town determines, upon
the basis of an engineering or traffic investigation concerning a
highway or street on which it is authorized by this Section to establish
speed limits, that a maximum speed limit prescribed in Section 11-601 of
this Chapter is greater or less than is reasonable or safe with respect
to the conditions found to exist at any place or along any part or zone
of such highway or street, the local authority or park district shall
determine and declare by ordinance a reasonable and safe absolute
maximum speed limit at such place or along such part or zone,
which:
(1) Decreases the limit within an urban district, but | ||
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(2) Increases the limit within an urban district, but | ||
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(3) Decreases the limit outside of an urban district, | ||
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(4) Decreases the limit within a residence district, | ||
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The park district, city, village, or incorporated
town may make such limit applicable
at all times or only during certain specified times. Not more than 6
such alterations shall be made per mile along a highway or street; and
the difference in limit between adjacent altered speed zones shall not
be more than 10 miles per hour.
A limit so determined and declared by a park district, city, village,
or incorporated town becomes effective, and suspends the application of
the limit prescribed in Section 11-601 of this Chapter, when appropriate
signs giving notice of the limit are erected at the proper place or
along the proper part or zone of the highway or street. Electronic
speed-detecting devices shall not be used within 500 feet beyond any
such sign in the direction of travel; if so used in violation of this
Section evidence obtained thereby shall be inadmissible in any
prosecution for speeding. However, nothing in this Section prohibits
the use of such electronic speed-detecting devices within 500 feet of a
sign within a special school speed zone indicating such zone, conforming
to the requirements of Section 11-605 of this Act, nor shall evidence
obtained thereby be inadmissible in any prosecution for speeding
provided the use of such device shall apply only to the enforcement of
the speed limit in such special school speed zone. (c) A county engineer or
superintendent of highways may submit to the Department for approval, a
county policy for establishing altered speed zones on township and county
highways based upon engineering and traffic investigations.
(d) Whenever the county board of a county determines that a maximum speed limit
is greater or less than is
reasonable or safe with respect to the conditions found to exist at any place
or along any part or zone of the highway or road, the county board shall
determine and declare by ordinance a reasonable and safe absolute maximum speed
limit at that place or along that part or zone. However, the maximum speed
limit shall not exceed 55 miles per hour. Upon receipt of an engineering study for the part or zone of highway in question from the county engineer, and notwithstanding any other provision of law, the county board of a county may determine and declare by ordinance a reduction in the maximum speed limit
at any place
or along any part or zone of a county highway whenever the county board, in its sole discretion, determines that the reduction in the maximum speed limit is reasonable and safe.
The county board may post signs designating the new speed limit. The limit becomes effective, and suspends the application of the
limit
prescribed in Section 11-601 of this Chapter, when appropriate signs
giving notice of the limit are erected at the proper place or along the
proper part of the zone of the highway. Electronic speed-detecting
devices shall not be used within 500 feet beyond any such sign in the
direction of travel; if so used in violation of this Section, evidence
obtained thereby shall be inadmissible in any prosecution for speeding.
However, nothing in this Section prohibits the use of such electronic
speed-detecting devices within 500 feet of a sign within a special
school speed zone indicating such zone, conforming to the requirements
of Section 11-605 of this Act, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit in such
special school speed zone.
(Source: P.A. 95-574, eff. 6-1-08; 95-788, eff. 8-7-08.)
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(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools.
(a) For the purpose of this Section, "school" means the following
entities:
(1) A public or private primary or secondary school.
(2) A primary or secondary school operated by a | ||
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(3) A public, private, or religious nursery school.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles
per hour while passing a school zone or while traveling on a local, county, or State roadway on public
school property or upon any public
thoroughfare where children pass going
to and from school.
For the purpose of this Section, a school day begins at 6:30 a.m. and concludes at 4 p.m.
This Section shall not be applicable unless appropriate signs are posted
upon streets and highways under their respective jurisdiction and
maintained by the Department, township, county, park district, city,
village or incorporated town wherein the school zone is located. With regard
to the special speed limit while passing schools, such signs
shall give proper due warning that a school zone is being approached and
shall indicate the school zone and the maximum speed limit in effect during
school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall
prohibit the use of electronic speed-detecting devices within 500 feet of
signs within a special school speed zone indicating such zone, as defined
in this Section, nor shall evidence obtained thereby be inadmissible in any
prosecution for speeding provided the use of such device shall apply only
to the enforcement of the speed limit in such special school speed zone.
(d) (Blank).
(e) Except as provided in subsection (e-5), a person who violates this Section is guilty of a petty
offense. Violations of this Section are punishable with a minimum fine
of $150 for the first violation, a minimum fine of $300 for the second or subsequent violation, and community service in an amount determined by the court.
(e-5) A person committing a violation of this Section is guilty of aggravated special speed limit while passing schools when he or she drives a motor vehicle at a speed that is: (1) 26 miles per hour or more but less than 35 miles | ||
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(2) 35 miles per hour or more in excess of the | ||
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(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-58, eff. 7-9-21; 102-859, eff. 1-1-23; 102-978, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/11-605.1) Sec. 11-605.1. Special limit while traveling through a highway construction or maintenance speed zone. (a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are not present. (b) Nothing in this Chapter prohibits the use of electronic speed-detecting devices within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.
(c) As used in this Section, a "construction or maintenance speed zone" is an area in which the Department, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached, or in which the Department, Authority, or local agency has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign after determining that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone. If it is determined that the preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional speed limit signs which conform to the requirements of this subsection (c) shall be posted. Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who violates this Section is guilty of a petty offense. Violations of this Section are punishable with a minimum fine of $250 for the first violation and a minimum fine of $750 for the second or subsequent violation. (d-5) A person committing a violation of this Section is guilty of aggravated special speed limit while traveling through a highway construction or maintenance speed zone when he or she drives a motor vehicle at a speed that is: (1) 26 miles per hour or more but less than 35 miles | ||
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(2) 35 miles per hour or more in excess of the | ||
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(e) (Blank).
(e-5) The Illinois State Police and the local county police department have concurrent jurisdiction over any violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund, which was created by Public Act 92-619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Illinois State Police officers to monitor construction or maintenance zones. (f-5) Each county shall create a Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits.
(g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.
This suspension shall only be
imposed if the current violation of this Section and at least one prior violation of this Section
occurred during a period when workers were present in the
construction or maintenance zone.
(Source: P.A. 102-538, eff. 8-20-21.) |
(625 ILCS 5/11-605.2)
Sec. 11-605.2. Delegation of authority to set a special speed limit while traveling
through highway
construction or maintenance zones. (a) A local agency may delegate to its superintendent of highways the authority to set and post a reduced speed limit for a construction or maintenance zone, as defined in Section 11-605.1, under subsection (c) of that Section. (b) If a superintendent of highways sets a reduced speed limit for a construction or maintenance zone in accordance with this Section, the local agency must maintain a record that indicates: (1) the location of the construction or maintenance | ||
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(2) the reduced speed limit set and posted for the | ||
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(3) the dates during which the reduced speed limit | ||
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(Source: P.A. 96-1000, eff. 7-2-10.) |
(625 ILCS 5/11-605.3) Sec. 11-605.3. Special traffic protections while passing parks and recreation facilities and areas. (a) As used in this Section:
(1) "Park district" means the following entities:
(A) any park district organized under the Park | ||
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(B) any park district organized under the Chicago | ||
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(C) any municipality, county, forest district, | ||
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(2) "Park zone" means the recreation facilities and | ||
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(3) "Park zone street" means that portion of any | ||
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(4) "Safety purposes" means the costs associated | ||
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(b) On any day when children are present and within 50 feet of motorized traffic, a person may not drive a motor vehicle at a speed in excess of 20 miles per hour or any lower posted speed while traveling on a park zone street that has been designated for the posted reduced speed.
(c) On any day when children are present and within 50 feet of motorized traffic, any driver traveling on a park zone street who fails to come to a complete stop at a stop sign or red light, including a driver who fails to come to a complete stop at a red light before turning right onto a park zone street, is in violation of this Section.
(d) This Section does not apply unless appropriate signs are posted upon park zone streets maintained by the Department or by the unit of local government in which the park zone is located. With regard to the special speed limit on park zone streets, the signs must give proper due warning that a park zone is being approached and must indicate the maximum speed limit on the park zone street.
(e) A first violation of this Section is a petty offense with a minimum fine of $250. A second or subsequent violation of this Section is a petty offense with a minimum fine of $500.
(f) (Blank).
(g) The Department shall, within 6 months of the effective date of this amendatory Act of the 94th General Assembly, design a set of standardized traffic signs for park zones and park zone streets, including but not limited to: "park zone", "park zone speed limit", and "warning: approaching a park zone". The design of these signs shall be made available to all units of local government or manufacturers at no charge, except for reproduction and postage.
(Source: P.A. 102-978, eff. 1-1-23.) |
(625 ILCS 5/11-606) (from Ch. 95 1/2, par. 11-606)
Sec. 11-606.
Minimum speed regulation.
(a) No person shall drive a motor vehicle at such a slow speed as to impede
or block the normal and reasonable movement of traffic except when reduced
speed is necessary for safe operation of his vehicle or in compliance with law.
(b) Whenever the Department, The Illinois State Toll Highway Authority,
or a local authority described in Section 11-604 of this Chapter determines,
upon the basis of an engineering and traffic investigation concerning a
highway or street under its jurisdiction that slow vehicle speeds along
any part or zone of such highway or street consistently impede the normal
and reasonable movement of traffic, the Department, the Toll Highway Authority,
or local authority (as appropriate) may determine and declare by proper
regulation or ordinance a minimum speed
limit below which no person shall drive except when necessary for safe operation
of his vehicle or in compliance with law. A limit so determined and declared
becomes effective when appropriate signs giving notice of the limit are
erected along such part or zone of the highway or street.
(Source: P.A. 81-840.)
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(625 ILCS 5/11-608) (from Ch. 95 1/2, par. 11-608)
Sec. 11-608.
Special speed limitation on elevated structures.
(a) No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed which is
greater than the maximum speed which can be maintained with safety to
such bridge or structure, when such structure is sign posted as provided
in this Section.
(b) The Department upon request from any local authority shall, or
upon its own initiative may, conduct an investigation of any bridge or
other elevated structure constituting a part of a highway, and if it
shall thereupon find that such structure cannot with safety to itself
withstand vehicles traveling at the speed otherwise permissible under
this Chapter, the Department shall determine and declare the maximum
speed of vehicles which such structure can safely withstand, and shall
cause or permit suitable signs stating such maximum speed to be erected
and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum speed by the
Department and the existence of such signs is conclusive evidence of the
maximum speed which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
Sec. 11-610. Charging violations and rule in civil actions. (a) In every charge of violation of
any speed regulation in this Article the complaint, and
also the summons or notice to appear, shall specify the
speed at which the defendant is alleged to have driven and
the maximum speed applicable within the district or at the location.
(b) The provision of this Article
declaring maximum speed limitations
shall not be construed to relieve the plaintiff in any
action from the burden of proving negligence on the
part of the defendant as the proximate cause of a crash.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-611) (from Ch. 95 1/2, par. 11-611)
Sec. 11-611.
No person shall drive or operate any motor
vehicle on any street or highway in this State where the minimum
allowable speed on that street or highway, as posted, is greater
than the maximum attainable operating speed of the vehicle. Maximum
attainable operating speed shall be determined by the
manufacturer of the vehicle and clearly published in the manual of
specifications and operation, or it shall be determined by applicable rule
and regulation
promulgated by the Secretary of State.
(Source: P.A. 79-700.)
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(625 ILCS 5/11-612) Sec. 11-612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act and Section 11-208.8 of this Code, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-672, eff. 7-1-12.) |
(625 ILCS 5/Ch. 11 Art. VII heading) ARTICLE VII.
DRIVING ON RIGHT SIDE OF
ROADWAY; OVERTAKING AND PASSING, ETC.
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(625 ILCS 5/11-701) (from Ch. 95 1/2, par. 11-701)
Sec. 11-701. Drive on right side of roadway - exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle | ||
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2. When an obstruction exists making it necessary to | ||
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3. Upon a roadway divided into 3 marked lanes for | ||
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4. Upon a roadway restricted to one way traffic;
5. Whenever there is a single track paved road on one | ||
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(b) Upon a 2 lane roadway, providing for 2-way
movement of traffic, a vehicle shall be driven in the right-hand lane available
for traffic, or
as close as practicable to the right hand curb or edge of the roadway,
except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a
private road or driveway.
(c) Upon any roadway having 4 or more lanes for moving traffic and
providing for 2-way movement of traffic, no vehicle shall be driven to the
left of the center line of the roadway, except when authorized by official
traffic-control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use
such lanes, or except as permitted under Subsection (a) 2. However, this
Subsection shall not be construed as prohibiting the crossing of the center
line in making a left turn into or from an alley, private road or driveway.
(d) Upon an Interstate highway or fully access controlled freeway,
a vehicle may not be driven in the left lane, except when overtaking
and passing another vehicle.
(e) Subsection (d) of this Section does not apply:
(1) when no other vehicle is directly behind the | ||
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(2) when traffic conditions and congestion make it | ||
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(3) when snow and other inclement weather conditions | ||
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(4) when obstructions or hazards exist in the right | ||
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(5) when a vehicle changes lanes to comply with | ||
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(6) when, because of highway design, a vehicle must | ||
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(7) on toll highways when necessary to use I-Pass, | ||
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(8) to law enforcement vehicles, ambulances, and | ||
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(Source: P.A. 99-681, eff. 1-1-17.)
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(625 ILCS 5/11-702) (from Ch. 95 1/2, par. 11-702)
Sec. 11-702.
Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite
directions shall pass
each other to the right, and upon roadways having width for
not more than one line of traffic in each direction each
driver shall give to the other at least one-half of the
main-traveled portion of the roadway as nearly
as possible.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-703) (from Ch. 95 1/2, par. 11-703) Sec. 11-703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles
proceeding in the same direction, subject to those limitations, exceptions,
and special rules otherwise stated in this Chapter: (a) The driver of a vehicle overtaking another | ||
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(b) Except when overtaking and passing on the right | ||
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(c) The driver of a 2 wheeled vehicle may not, in | ||
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(d) The operator of a motor vehicle overtaking a | ||
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(d-5) A driver of a motor vehicle overtaking a | ||
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(1) the bicycle is traveling at a speed of less | ||
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(2) the driver is able to overtake and pass the | ||
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(3) there is sufficient distance to the left of | ||
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(e) A person driving a motor vehicle shall not, in a | ||
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(f) Every person convicted of paragraph (e) of this | ||
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(Source: P.A. 100-359, eff. 1-1-18.) |
(625 ILCS 5/11-704) (from Ch. 95 1/2, par. 11-704)
Sec. 11-704. When overtaking on the right is permitted. (a) The driver of a vehicle with 3 or more wheels may overtake and pass
upon the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to | ||
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2. Upon a roadway with unobstructed pavement of | ||
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3. Upon a one-way street, or upon any roadway on | ||
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(b) The driver of a 2-wheeled vehicle may not pass upon the right of any
other vehicle proceeding in the same direction unless the unobstructed
pavement to the right of the vehicle being passed is of a width of not less
than 8 feet. This subsection does not apply to devices propelled by human power.
(c) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety. Such
movement shall not be made by driving off the roadway.
(Source: P.A. 102-558, eff. 8-20-21.)
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(625 ILCS 5/11-705) (from Ch. 95 1/2, par. 11-705)
Sec. 11-705.
Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway
in overtaking and passing another vehicle proceeding in the same direction
unless authorized by the provisions of this Chapter and unless such left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event the
overtaking vehicle must return to an authorized lane of travel as soon as
practicable and in the event the passing movement involves the use of a
lane authorized for vehicles approaching from the opposite direction,
before coming within 200 feet of any vehicle approaching from the opposite
direction.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-706) (from Ch. 95 1/2, par. 11-706)
Sec. 11-706.
Further limitations on driving to the left of center of roadway.
(a) No vehicle shall be driven
on the left side of the roadway under the following conditions:
1. When approaching or upon the crest of a grade or a curve in the
highway where the driver's view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction.
2. When approaching within 100 feet of or traversing any intersection or
railroad grade crossing.
3. When the view is obstructed upon approaching within
100 feet of any bridge, viaduct or tunnel.
(b) The limitations in sub-paragraphs 1, 2 and 3 do not apply upon a
one-way roadway nor upon a roadway with unobstructed pavement of sufficient
width for 2 or more lanes of moving traffic in each direction nor to the
driver of a vehicle turning left into or from an alley, private road or
driveway when such movements can be made with safety.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-707) (from Ch. 95 1/2, par. 11-707)
Sec. 11-707. No-passing zones. (a) The Department and local authorities
are authorized to determine those portions of any highway under their
respective jurisdictions where overtaking and passing or driving on the
left of the roadway would be especially hazardous and may by appropriate
signs or markings on the roadway indicate the beginning and end of such
zones. Upon request of a local school board, the Department or local
authority which has jurisdiction over the roadway in question, shall
determine whether a hazardous situation exists at a particular location and
warrants a no-passing zone. If the Department or local authority
determines that a no-passing zone is warranted, the school board and the
Department or local authority shall share equally the cost of designating
the no-passing zone by signs and markings. When such signs or markings are
in place and clearly visible to an ordinarily observant person every driver
of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as
set forth in paragraph (a) no driver may at any time drive on the left side
of the roadway within the no-passing zone or on the left side of any pavement
striping designed to mark such no-passing zone throughout its length.
(c) This Section does not apply under the conditions described in
Section 11-701 (a) 2, subsection (d-5) of Section 11-703, nor to the driver of a vehicle turning left into or from
an alley, private road or driveway. The pavement striping designed to mark
the no-passing zone may be crossed from the left hand lane for the
purpose of completing a pass that was begun prior to the beginning of the
zone in the driver's direction of travel.
(d) Special speed limit areas required under Section 11-605 of this Code
in unincorporated areas only shall also be no-passing zones.
(Source: P.A. 100-359, eff. 1-1-18.)
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(625 ILCS 5/11-708) (from Ch. 95 1/2, par. 11-708)
Sec. 11-708.
One-way roadways and rotary traffic islands.
(a) The Department and local authorities, with respect to highways under
their respective jurisdictions, may designate any highway, roadway, part of
a roadway or specific lanes upon which vehicular traffic shall proceed in
one direction at all or such times as shall be indicated by official
traffic control devices.
(b) Upon a roadway so designated for one-way traffic, a vehicle shall be
driven only in the direction designated at all or such times as shall be
indicated by official traffic control devices.
(c) A vehicle passing around a rotary traffic island must be driven only
to the right of such island.
(d) Whenever any highway has been divided into 2 or more roadways by
leaving an intervening space or by a physical barrier or a clearly
indicated dividing section so constructed as to impede vehicular traffic,
every vehicle must be driven only upon the right-hand roadway unless
directed or permitted to use another roadway by official traffic-control
devices or police officers. No vehicle may be driven over, across, or
within any such dividing space, barrier, or section, except through an
opening in the physical barrier, or dividing section, or space, or at a
cross-over or intersection as established by public authority.
(e) The driver of a vehicle may turn left across a paved noncurbed
dividing space unless prohibited by an official traffic-control device.
(Source: P.A. 84-873.)
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(625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
Sec. 11-709. Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked
lanes for traffic the following rules in addition to all others consistent
herewith shall apply.
(a) A vehicle shall be driven as nearly as practicable entirely within a
single lane and shall not be moved from such lane until the driver has
first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into 3 lanes and provides for
two-way movement of traffic, a vehicle shall not be driven in the center
lane except when overtaking and passing another vehicle traveling in the
same direction when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn or where such center
lane is at the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is designated
by official traffic control devices.
(c) Official traffic control devices may be erected directing specific
traffic to use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the center of the
roadway and drivers of vehicles shall obey the directions of every such
device. On multi-lane controlled access
highways with 3 or more lanes in one
direction or on any multi-laned highway with 2 or more lanes in one
direction, the Department may designate lanes of traffic to be used by
different types of motor vehicles.
Drivers must obey lane designation signing except when it is necessary to
use a different lane to make a turning maneuver.
(d) Official traffic control devices may be installed prohibiting the
changing of lanes on sections of roadway and drivers of vehicles shall obey
the directions of every such device.
(e) A person is not in violation of this Section if he or she is complying with Section 11-907, 11-907.5, or 11-908.(Source: P.A. 101-173, eff. 1-1-20.)
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(625 ILCS 5/11-709.1) (from Ch. 95 1/2, par. 11-709.1)
Sec. 11-709.1. Driving on the shoulder. (a) Vehicles shall be driven on a roadway, and shall only
be driven on the shoulder for the purpose of stopping or accelerating from
a stop while merging into traffic. It shall be a violation of this Section
if while merging into traffic and while on the shoulder, the vehicle passes
any other vehicle on the roadway adjacent to it.
(b) This Section shall not apply to any authorized emergency vehicle, to any authorized transit bus, to any bicycle, to any farm tractor or implement of husbandry,
to any service vehicle while engaged in maintenance of the highway or
related work, or to any authorized vehicle within a designated construction zone.
(Source: P.A. 100-359, eff. 1-1-18.)
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(625 ILCS 5/11-709.2) Sec. 11-709.2. Bus on shoulder program. (a) The use of specifically designated shoulders of roadways by transit buses may be authorized by the Department in cooperation with the Regional Transportation Authority and the Suburban Bus Division of the Regional Transportation Authority. The Department shall prescribe by rule which transit buses are authorized to operate on shoulders, as well as times and locations. The Department may erect signage to indicate times and locations of designated shoulder usage. (b) (Blank). (c) (Blank).
(Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14; 99-78, eff. 7-20-15.) |
(625 ILCS 5/11-709.3) Sec. 11-709.3. Transit buses on shoulders - toll highways. The Illinois State Toll Highway Authority may allow transit buses to use the shoulders of highways under its jurisdiction.
(Source: P.A. 97-292, eff. 8-11-11; 98-871, eff. 8-11-14.) |
(625 ILCS 5/11-710) (from Ch. 95 1/2, par. 11-710)
Sec. 11-710.
Following too closely.
(a) The driver of
a motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any truck or motor vehicle
drawing another vehicle
when traveling upon a roadway outside of a business or
residence district and which is following another truck or
motor vehicle drawing another vehicle shall,
whenever conditions permit, leave sufficient space so that
an overtaking vehicle may enter and occupy such space without
danger, except that this shall not prevent a truck or motor
vehicle drawing another vehicle from overtaking and passing
any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway outside
of a business or residence district in a caravan or
motorcade whether or not towing other vehicles shall be so
operated as to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other
vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-711) (from Ch. 95 1/2, par. 11-711)
Sec. 11-711.
Restrictions on use of controlled access highway.
(a) No person may drive a vehicle onto or from any controlled access
highway except at entrances and exits established by public authority.
(b) The Department with respect to any controlled access highway under
its jurisdiction may prohibit the use of any such highways by pedestrians
(except in authorized areas or facilities), bicycles, farm tractors,
implements of husbandry, funeral processions, and any vehicle unable to
maintain the minimum speed for which the highway is posted, or other
non-motorized traffic or by any person operating a motor driven cycle. The
Department may also prohibit the use of such highway to school buses
picking up and discharging children and mail delivery vehicles picking up
or delivering mail. The Department shall erect and maintain official signs
on the controlled access highway on which such prohibitions are applicable
and when so erected no person may disobey the restrictions stated on such
sign.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 11 Art. VIII heading) ARTICLE VIII.
TURNING AND STARTING
AND SIGNALS ON STOPPING AND TURNING
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(625 ILCS 5/11-801) (from Ch. 95 1/2, par. 11-801)
Sec. 11-801.
Required position and method of turning.
(a) The driver of a vehicle intending to turn at an intersection shall do
so as follows:
(1) Both the approach for a right turn and a right turn shall be
made as close as practical to the right-hand curb or edge of the
roadway.
(2) The driver of a vehicle intending to turn left at any
intersection shall approach the intersection in the extreme left-hand
lane lawfully available to traffic moving in the direction of travel of
such vehicle, and after entering the intersection, the left turn shall
be made so as to leave the intersection in a lane lawfully available to
traffic moving in such direction upon the roadway being entered.
Whenever practicable the left turn shall be made in that portion of the
intersection to the left of the center of the intersection.
(3) The Department and local authorities in their respective
jurisdictions may cause official traffic control devices to be placed
within or adjacent to intersections and thereby require and direct that
a different course from that specified in this Section be traveled by
vehicles turning at an intersection, and when such devices are so placed
no driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such devices.
(b) Two-way left turn lanes. Where a special lane for
making left turns by drivers proceeding in
opposite directions has been indicated by official traffic-control devices:
(1) A left turn shall not be made from any other lane.
(2) A vehicle shall not be driven in the lane except when preparing for
or making a left turn from or into the roadway or when preparing for or
making a U turn when otherwise permitted by law.
(c) When a motor vehicle and a mass transit bus are traveling in the
same direction on the same multi-laned highway, street or road, the
operator of the motor vehicle overtaking such bus, which is stopped at an
intersection on the right side of the roadway to receive or discharge
passengers, shall pass to the left of the bus at a safe distance and shall
not turn to the right in front of the bus at that intersection.
(Source: P.A. 85-786.)
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(625 ILCS 5/11-802) (from Ch. 95 1/2, par. 11-802)
Sec. 11-802.
Limitations on U turns.
(a) The driver of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction unless such movement can be made in
safety and without interfering with other traffic.
(b) No vehicle shall be turned so as to proceed in the opposite
direction upon any curve, or upon the approach to or near the crest of a
grade, where such vehicle cannot be seen by the driver of any other
vehicle approaching from either direction within 500 feet.
(Source: P.A. 82-783.)
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(625 ILCS 5/11-803) (from Ch. 95 1/2, par. 11-803)
Sec. 11-803.
Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked
unless and until such movement can be made with reasonable safety.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-804) (from Ch. 95 1/2, par. 11-804)
Sec. 11-804. When signal required.
(a) No person may turn a vehicle at an intersection unless the vehicle
is in proper position upon the highway as required in Section 11-801 or
turn a vehicle to enter a private road or driveway, or otherwise turn a
vehicle from a direct course or move right or left upon a roadway unless
and until such movement can be made with reasonable safety. No person may
so turn any vehicle without giving an appropriate signal in the manner
hereinafter provided.
(b) A signal of intention to turn right or left, change lanes, otherwise turn a vehicle from a direct course, move right or left upon a highway, or when required must be
given continuously during not less than the last 100 feet traveled by the
vehicle within a business or residence district, and such
signal must be given continuously during not less than the last 200 feet
traveled by the vehicle outside a business or residence
district.
(c) No person may stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal in the manner provided in this
Chapter to the driver of any vehicle immediately to the rear when there is
opportunity to give such a signal.
(d) The electric turn signal device required in Section 12-208 of this
Act must be used and operated as prescribed in subsection (b) of this Section to indicate an intention to turn, change lanes, turn a vehicle from a direct course, move right or left upon a highway, or start
from a parallel parked position. Unless the conditions of subsection (b) of this Section are met, an electric turn signal device required in Section 12-208 shall not be left in the on position and must not be flashed on one side only on
a parked or disabled vehicle or flashed as a courtesy or "do pass" signal
to operators of other vehicles approaching from the rear. However, such
signal devices may be flashed simultaneously on both sides of a motor
vehicle to indicate the presence of a vehicular traffic hazard requiring
unusual care in approaching, overtaking and passing.
(Source: P.A. 102-508, eff. 8-20-21.)
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(625 ILCS 5/11-805) (from Ch. 95 1/2, par. 11-805)
Sec. 11-805.
Signal by hand or arm or signal device.
Any stop or turn signal when required herein shall be given
either by means of the hand and arm or by an electric turn
signal device conforming to the requirements provided in
Section 12-208 of this Act.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-806) (from Ch. 95 1/2, par. 11-806)
Sec. 11-806. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from
the left side of the vehicle in the following manner and such signals shall
indicate as follows:
1. Left turn - Hand and arm extended horizontally.
2. Right turn - Hand and arm extended upward, except | ||
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3. Stop or decrease of speed - Hand and arm extended | ||
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(Source: P.A. 95-231, eff. 1-1-08.)
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(625 ILCS 5/Ch. 11 Art. IX heading) ARTICLE IX.
RIGHT-OF-WAY
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(625 ILCS 5/11-901) (from Ch. 95 1/2, par. 11-901)
Sec. 11-901.
Vehicles approaching or entering intersection.
(a) When 2 vehicles approach or enter an intersection from different
roadways at approximately the same time, the driver of the vehicle on the
left must yield the right-of-way to the vehicle on the right.
(b) The right-of-way rule declared in paragraph (a) of this Section is
modified at through highways and otherwise as stated in this Chapter.
(Source: P.A. 76-1739.)
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(625 ILCS 5/11-901.01) (from Ch. 95 1/2, par. 11-901.01)
Sec. 11-901.01.
Vehicles approaching or entering a "T" intersection.
The driver of a vehicle approaching the intersection of a highway from a
highway which terminates at the intersection, not otherwise regulated by
this Act or controlled by traffic control signs or signals, shall stop,
yield, and grant the privilege of immediate use of the intersection to another
vehicle which has entered the intersection from the non-terminating highway
or is approaching the intersection on the non-terminating highway in such
proximity as to constitute a hazard and after stopping may proceed when
the driver may safely enter the intersection without interference or collision
with the traffic using the non-terminating highway.
(Source: P.A. 81-860.)
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(625 ILCS 5/11-902) (from Ch. 95 1/2, par. 11-902)
Sec. 11-902.
Vehicle turning left.
The driver of a vehicle intending to turn to the left within an
intersection or into an alley, private road, or driveway shall yield the
right-of-way to any vehicle approaching from the opposite direction which
is so close as to constitute an immediate hazard, but said driver, having
so yielded may proceed at such time as a safe interval occurs.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-903) (from Ch. 95 1/2, par. 11-903)
Sec. 11-903.
Vehicles entering stop crosswalk.
Where stop signs or flashing red signals are in place at an intersection
or flashing red signals are in place at a plainly marked crosswalk between
intersections, drivers of vehicles shall stop before entering the nearest
crosswalk and pedestrians within or entering the crosswalk at either edge
of the roadway shall have the right-of-way over vehicles so stopped.
Drivers of vehicles having so yielded the right-of-way to pedestrians
entering or within the nearest crosswalk at an intersection shall also
yield the right-of-way to pedestrians within any other crosswalk at the
intersection.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-904) (from Ch. 95 1/2, par. 11-904)
Sec. 11-904.
Vehicle entering stop or yield intersection.
(a) Preferential right-of-way at an intersection may be indicated by
stop or yield signs as authorized in Section 11-302 of this Chapter.
(b) Except when directed to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right-of-way to any vehicle which has
entered the intersection from another roadway or which is approaching so
closely on the roadway as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection, but said
driver having so yielded may proceed at such time as a safe interval
occurs.
(c) The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing conditions
and, if required for safety to stop, shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping, the driver shall yield the
right-of-way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time
such driver is moving across or within the intersection.
(d) If a driver is involved in a collision at an intersection or
interferes with the movement of other vehicles after driving past a yield
right-of-way sign, such collision or interference shall be deemed prima
facie evidence of the driver's failure to yield right-of-way.
(Source: P.A. 76-1739.)
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(625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)
Sec. 11-905. Merging traffic. Notwithstanding the right-of-way provision
in Section 11-901 of this Act, at an intersection where traffic lanes are provided
for merging traffic the driver of each vehicle on the converging roadways
is required to adjust his vehicular speed and lateral position
so as to avoid a collision with another vehicle.
(Source: P.A. 100-201, eff. 8-18-17.)
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(625 ILCS 5/11-906) (from Ch. 95 1/2, par. 11-906)
Sec. 11-906.
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from an alley,
building, private road or driveway shall yield the right-of-way to all
vehicles approaching on the highway to be entered.
(Source: P.A. 76-1739.)
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(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
Sec. 11-907. Operation of vehicles and streetcars on approach of authorized
emergency
vehicles. (a) Upon the immediate approach of an authorized emergency vehicle
making use of audible and visual signals meeting the requirements of this
Code or a police vehicle properly and lawfully making use of an audible
or visual signal:
(1) the driver of every other vehicle shall yield the | ||
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(2) the operator of every streetcar shall immediately | ||
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(b) This Section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the
authorized emergency vehicle is giving a signal by displaying alternately
flashing
red, red and white, blue, or red and blue lights or amber or yellow warning
lights, a
person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the | ||
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(2) if changing lanes would be impossible or unsafe, | ||
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The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle. As used in this subsection (c), "authorized emergency vehicle"
includes any vehicle authorized by law to be equipped with oscillating,
rotating, or flashing lights under Section 12-215 of this Code, while the owner
or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business
offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section results in damage to
the
property of another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to
another
person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts. (j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. (k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court. (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(625 ILCS 5/11-907.1) Sec. 11-907.1. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed internally, eff. 1-1-22.) |
(625 ILCS 5/11-907.2) Sec. 11-907.2. (Repealed).(Source: P.A. 102-336, eff. 1-1-22. Repealed internally, eff. 1-1-24.) |
(625 ILCS 5/11-907.5) Sec. 11-907.5. Approaching disabled vehicles. (a) Upon approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall: (1) proceeding with due caution, yield the | ||
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(2) if changing lanes would be impossible or unsafe | ||
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(b) A person who violates subsection (a) of this Section commits a petty offense.
(Source: P.A. 101-173, eff. 1-1-20.) |
(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
Sec. 11-908. Vehicle approaching or entering a highway construction or
maintenance
area or zone. (a) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle or pedestrian actually engaged in work upon a highway
within any highway construction or maintenance area indicated by
official traffic-control devices.
(a-1) Upon entering a construction or maintenance zone
when workers are present, a
person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change | ||
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(2) proceeding with due caution, reduce the speed of | ||
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(a-2) A person who violates subsection (a-1) of this
Section commits a business
offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in addition to any other
penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section
results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (a-1) of this
Section:
(1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(b) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle obviously and actually engaged in work upon a highway
whenever the vehicle engaged in construction or maintenance work
displays flashing lights as provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a
flagger or a traffic control signal and remain in such position until
signaled to proceed. If a driver of a vehicle fails to stop when signaled
to do so by a flagger, the flagger is authorized to report such offense to
the State's Attorney or authorized prosecutor.
The penalties imposed for a violation of this subsection (c) shall be in
addition to any penalties imposed for a violation of subsection (a-1).
(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20.)
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(625 ILCS 5/Ch. 11 Art. X heading) ARTICLE X.
PEDESTRIANS' RIGHTS AND DUTIES
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(625 ILCS 5/11-1001) (from Ch. 95 1/2, par. 11-1001)
Sec. 11-1001.
Pedestrian obedience to traffic control devices and traffic
regulations.
(a) A pedestrian shall obey the instructions of any official traffic
control device specifically applicable to him, unless otherwise directed by
a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian control
signals provided in Sections 11-306 and 11-307 of this Chapter, but at all
other places pedestrians shall be accorded the privileges and shall be
subject to the restrictions stated in this Article.
(Source: P.A. 76-1734.)
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(625 ILCS 5/11-1002) (from Ch. 95 1/2, par. 11-1002)
Sec. 11-1002. Pedestrians' right-of-way at crosswalks. (a) When
traffic control signals are not in place or not in operation the driver of
a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a moving vehicle which is so close as to
constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section
11-1003(b).
(d) Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in
place at an intersection or at a plainly marked crosswalk between
intersections, drivers shall yield right-of-way to pedestrians as
set forth in Section 11-904 of this Chapter.
(Source: P.A. 96-1165, eff. 7-22-10.)
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(625 ILCS 5/11-1002.5) Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks; school zones. (a) For the purpose of this Section, "school" has the meaning ascribed to that term in Section 11-605.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic and when
traffic control signals are not in place or not in operation, the driver of
a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
For the purpose of this Section, a school day shall begin at seven ante
meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate signs are posted
in accordance with Section 11-605.
(b) A first violation of this Section is a petty
offense with a minimum fine
of $150. A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
(c) (Blank).
(Source: P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/11-1003) (from Ch. 95 1/2, par. 11-1003)
Sec. 11-1003.
Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the
right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals
are in operation pedestrians shall not cross at any place except in a
marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic-control devices; and, when
authorized to cross diagonally, pedestrians shall cross only in
accordance with the official traffic-control devices pertaining to such
crossing movements.
(e) Pedestrians with disabilities may cross a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk where the
intersection is physically inaccessible to them but they shall yield the
right-of-way to all vehicles upon the roadway.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/11-1003.1) (from Ch. 95 1/2, par. 11-1003.1)
Sec. 11-1003.1.
Drivers to exercise due care.
Notwithstanding other provisions of this Code or the provisions of any
local ordinance, every driver of a vehicle shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle
or other device propelled by human power and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any obviously confused, incapacitated
or intoxicated person.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1004) (from Ch. 95 1/2, par. 11-1004)
Sec. 11-1004.
Pedestrian with disabilities; right-of-way.
The driver of a
vehicle shall yield the right-of-way to any pedestrian with clearly visible
disabilities.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/11-1004.1) (from Ch. 95 1/2, par. 11-1004.1)
Sec. 11-1004.1.
Motorized wheelchairs.
Every person operating a
motorized wheelchair upon a sidewalk or roadway shall be granted all the
rights and shall be subject to all the duties applicable to a pedestrian.
(Source: P.A. 84-672.)
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(625 ILCS 5/11-1005) (from Ch. 95 1/2, par. 11-1005)
Sec. 11-1005.
Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1005.1)
Sec. 11-1005.1.
Electric personal assistive mobility devices.
Every person operating an electric personal assistive mobility device
upon a sidewalk or roadway has all the
rights and is subject to all the duties applicable to a pedestrian.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03.)
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(625 ILCS 5/11-1006) (from Ch. 95 1/2, par. 11-1006)
Sec. 11-1006. Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any vehicle.
(b) No person shall stand on a highway for the purpose of soliciting
employment or business from the occupant of any vehicle.
(c) No person shall stand on a highway for the purpose of soliciting
contributions from the occupant of any vehicle except within a municipality
when expressly permitted by municipal ordinance. The local municipality, city,
village, or other local governmental entity in which the solicitation takes
place shall determine by ordinance where and when solicitations may take place
based on the safety of the solicitors and the safety of motorists. The
decision shall also take into account the orderly flow of traffic and may not
allow interference with the operation of official traffic control devices. The
soliciting agency shall be:
1. registered with the Attorney General as a | ||
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2. engaged in a Statewide fundraising activity; and
3. liable for any injuries to any person or property | ||
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Any person engaged in the act of solicitation shall be 16 years of age
or more and shall be wearing a high-visibility vest.
(d) No person shall stand on or in the proximity of a highway for the
purpose of soliciting the watching or guarding of any vehicle while parked
or about to be parked on a highway.
(e) Every person who is convicted of a violation of this Section shall
be guilty of a Class A misdemeanor.
(Source: P.A. 102-558, eff. 8-20-21.)
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(625 ILCS 5/11-1007) (from Ch. 95 1/2, par. 11-1007)
Sec. 11-1007. Pedestrians walking on highways. (a) Except as provided in subsection (e), where a sidewalk is
provided and its use is practicable, it shall be unlawful for any pedestrian to walk
along and upon an adjacent roadway.
(b) Except as provided in subsection (e), where a sidewalk is not available, any pedestrian walking along and upon
a highway shall walk only on a shoulder, as far as practicable from the edge of
the roadway.
(c) Except as provided in subsection (e), where neither a sidewalk nor a shoulder is available, any pedestrian
walking along and upon a highway shall walk as near as practicable to an outside
edge of a roadway, and, if on a two-way roadway, shall walk only on the left side
of the roadway.
(d) Except as otherwise provided in this Chapter, any pedestrian upon
a roadway shall yield the right-of-way to all vehicles upon the roadway. (e) In municipalities with a population of under 2,000,000 inhabitants, upon highways where the maximum posted speed limit is 45 miles per hour or less, and during the period from sunrise to sunset, a pedestrian who is 18 years of age or older and wearing in-line speed skates may travel upon the roadway as near as practicable to an outside edge of the roadway. Pedestrians wearing in-line speed skates upon a roadway may not impede or obstruct other vehicular traffic. Pedestrians wearing in-line speed skates shall be subject to all other rights and duties under this Article X. Nothing in this Code shall be construed to prevent a pedestrian wearing in-line speed skates from using a lane designated for bicycles.
(Source: P.A. 97-1023, eff. 1-1-13.)
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(625 ILCS 5/11-1008) (from Ch. 95 1/2, par. 11-1008)
Sec. 11-1008.
Right-of-way on sidewalks.
The driver of a vehicle
shall yield the right-of-way to any pedestrian on a sidewalk.
(Source: P.A. 79-857.)
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(625 ILCS 5/11-1009) (from Ch. 95 1/2, par. 11-1009)
Sec. 11-1009.
Pedestrians yield to authorized emergency vehicles.
Upon the immediate approach of an authorized emergency vehicle making use
of an audible signal
and visual signals
meeting the requirements of Section 12-217 of this
Chapter, or of a police vehicle properly and lawfully making use of an audible
signal only, every pedestrian shall yield the right-of-way to the authorized
emergency vehicle.
(Source: P.A. 79-857.)
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(625 ILCS 5/11-1010) (from Ch. 95 1/2, par. 11-1010)
Sec. 11-1010.
Pedestrians under influence of alcohol or drugs.
A pedestrian who is under the influence of alcohol or any drug to a degree
which renders himself a hazard shall not walk or be upon a highway except on
a sidewalk.
(Source: P.A. 79-857.)
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(625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
Sec. 11-1011. Bridge and railroad signals.
(a) No pedestrian
shall enter or remain
upon any bridge or approach thereto beyond the bridge signal, gate, or
barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over, or under any
crossing gate or barrier at a railroad grade crossing or bridge while such
gate or barrier is closed or is being opened or closed.
(c) No pedestrian shall enter, remain upon or traverse over a railroad
grade crossing or pedestrian walkway crossing a railroad track when an
audible bell or clearly visible electric or mechanical signal device is
operational giving warning of the presence, approach, passage, or
departure of a
railroad train or railroad track equipment.
(d) A violation of any part of this Section is a petty offense for
which a $250 fine shall be imposed for a first violation, and a $500 fine shall
be imposed for a
second or subsequent violation. The court may impose 25 hours of community
service in place of the $250
fine for a
first violation.
(e) Local authorities shall impose fines as established in subsection (d)
for pedestrians who fail to obey signals indicating the presence,
approach, passage, or
departure of
a train or railroad track equipment.
(Source: P.A. 96-1244, eff. 1-1-11.)
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(625 ILCS 5/Ch. 11 Art. XI heading) ARTICLE XI.
STREET CARS AND SAFETY ZONES
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(625 ILCS 5/11-1101) (from Ch. 95 1/2, par. 11-1101)
Sec. 11-1101.
Passing street car on left.
(a) The driver of a vehicle shall not overtake and pass upon the left
nor drive upon the left side of any street car proceeding in the same
direction, whether such street car is actually in motion or temporarily at
rest, except:
1. When so directed by a police officer;
2. When upon a one-way street; or
3. When upon a street where the tracks are so located as to prevent
compliance with the section.
(b) The driver of any vehicle when permitted to overtake and pass upon
the left of a street car which has stopped for the purpose of receiving or
discharging any passenger shall reduce speed and may proceed only upon
exercising due caution for pedestrians and shall accord pedestrians the
right-of-way when required by other Sections of this Chapter.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1102) (from Ch. 95 1/2, par. 11-1102)
Sec. 11-1102.
Passing street car on right.
The driver of a vehicle overtaking upon the right any street car stopped
or about to stop for the purpose of receiving or discharging any passenger
shall stop such vehicle at least ten feet to the rear of the nearest
running board or door of such street car and thereupon remain standing
until all passengers have boarded such car or upon alighting have reached a
place of safety, except that where a safety zone has been established a
vehicle need not be brought to a stop before passing any such street car
but may proceed past such car at a speed not greater than is reasonable and
proper and with due caution for the safety of pedestrians.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1103) (from Ch. 95 1/2, par. 11-1103)
Sec. 11-1103.
Driving on street car tracks.
(a) The driver of any vehicle proceeding upon any street car track in
front of a street car upon a street shall remove such vehicle from the
track as soon as practical after signal from the operator of said street
car.
(b) The driver of a vehicle upon overtaking and passing a street car
shall not turn in front of such street car so as to interfere with or
impede its movement.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1104) (from Ch. 95 1/2, par. 11-1104)
Sec. 11-1104.
Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 11 Art. XII heading) ARTICLE XII.
SPECIAL STOPS REQUIRED
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(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of train or railroad track equipment.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop, the
person must
exercise due care and caution as the existence of
a railroad track across a highway is a warning of danger, and under any of
the circumstances stated in this Section, the driver shall stop within 50
feet but not less than 15 feet from the nearest rail of the railroad and
shall not proceed until the tracks are clear and he or she can do so
safely. The
foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train or railroad track equipment | ||
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4. An approaching railroad train or railroad track | ||
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5. A railroad train or railroad track equipment is | ||
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(a-1) Whenever any person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train or railroad track equipment | ||
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4. An approaching railroad train or railroad track | ||
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5. A railroad train or railroad track equipment is | ||
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(a-5) Whenever a person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade
crossing where the driver is not always required to stop but must slow down,
the person must exercise due care and caution as the existence of a railroad
track across a highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall slow down within 50 feet
but not less than 15 feet from the nearest rail of the railroad and shall not
proceed until he or she checks that the tracks are clear of an approaching
train or railroad track equipment.
(b) No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs
are erected the driver of any vehicle shall stop within 50
feet but not less than 15 feet from the nearest rail of such
railroad and shall proceed only upon exercising due care.
(d) At any railroad grade crossing provided with railroad crossbuck signs,
without automatic, electric, or mechanical signal devices, crossing gates, or a
human flagman giving a signal of the approach or passage of a train or railroad track equipment, the driver
of a vehicle shall in obedience to the railroad crossbuck sign, yield the
right-of-way and slow down to a speed reasonable for the existing conditions
and shall stop, if required for safety, at a clearly marked stopped line, or if
no stop line, within 50 feet but not less than 15 feet from the nearest rail of
the railroad and shall not proceed until he or she can do so safely. If a
driver is involved in a collision at a railroad crossing or interferes with the
movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the
collision or interference is prima facie evidence of the driver's
failure to yield right-of-way.
(d-1) No person shall, while driving a commercial motor vehicle, fail to
negotiate
a railroad-highway grade railroad crossing because of insufficient
undercarriage
clearance.
(d-5) (Blank).
(e) It is unlawful to violate any part of this
Section.
(1) A violation of this Section is a petty offense | ||
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(2) For a second or subsequent violation, the | ||
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(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals indicating the
presence,
approach, passage, or departure of a
train or railroad track equipment shall impose fines as established in subsection (e) of this Section.
(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement system.
(a) For the purposes of this Section, an automated railroad grade crossing
enforcement system is a system in a municipality or county operated by a governmental agency that produces a recorded image of a motor vehicle's violation of a provision of this Code or local ordinance and is designed to obtain a clear recorded image of the vehicle and vehicle's license plate. The recorded image must also display the time, date, and location of the violation. As used in this Section, "recorded images" means images recorded by an automated railroad grade crossing enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | ||
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(b) The Illinois
Commerce Commission may, in cooperation with a
local law enforcement agency, establish in any county or municipality an automated
railroad grade crossing enforcement system at any railroad grade crossing equipped with a crossing gate designated by local authorities. Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. After the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.
(b-1) (Blank).
(c) For each violation of Section 11-1201 of this Code or a local ordinance recorded by an automated railroad grade crossing enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, no later than 90 days after the violation. The notice shall include: (1) the name and address of the registered owner of | ||
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(2) the registration number of the motor vehicle | ||
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(3) the violation charged; (4) the location where the violation occurred; (5) the date and time of the violation; (6) a copy of the recorded images; (7) the amount of the civil penalty imposed and the | ||
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(8) a statement that recorded images are evidence of | ||
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(9) a warning that failure to pay the civil penalty | ||
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(10) a statement that the person may elect to proceed | ||
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(A) paying the fine; or (B) challenging the charge in court, by mail, or | ||
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(d) (Blank).
(d-1) (Blank).
(d-2) (Blank).
(e) Based on inspection of recorded images produced by an automated railroad grade crossing enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the following in the defense of a violation:
(1) that the motor vehicle or registration plates or | ||
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(1.5) that the motor vehicle was hijacked before | ||
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(2) that the driver of the motor vehicle received a | ||
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(3) any other evidence or issues provided by | ||
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(e-3) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad grade crossing
enforcement system shall be posted with a sign visible to approaching traffic
stating that the railroad grade crossing is being monitored, that citations
will be issued, and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade crossing enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of citations issued or the revenue generated by the system.
(h) (Blank).
(i) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(j) Penalty. A civil fine of
$250 shall be imposed for a first violation of this Section, and a civil fine of $500 shall be
imposed for a second or subsequent violation of this Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; 102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)
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(625 ILCS 5/11-1201.5)
Sec. 11-1201.5. (Repealed).
(Source: P.A. 94-771, eff. 1-1-07. Repealed by P.A. 96-478, eff. 1-1-10.)
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(625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
Sec. 11-1202. Certain vehicles must stop at all railroad grade
crossings.
(a) The driver of any of the following vehicles shall, before
crossing a railroad track or tracks at grade, stop such vehicle within 50
feet but not less than 15 feet from the nearest rail and, while so stopped,
shall listen and look for the approach of a train or railroad track equipment and shall not proceed
until such movement can be made with safety:
1. Any second division vehicle carrying passengers | ||
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2. Any bus that meets all of the special requirements | ||
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3. (Blank).
(a-1) The driver of any of the following vehicles shall, before crossing a railroad track or tracks at grade, stop such vehicle within 50 feet but not less than 15 feet from the nearest rail and, while so stopped, shall listen and look for the approach of a train or railroad track equipment and shall not proceed until such movement can be made with safety: 1. A commercial motor vehicle, as defined in Section | ||
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2. Any bus that meets all of the special | ||
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3. Any other vehicle which is required by federal | ||
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After stopping as required in this Section, the driver shall proceed only in
a gear not requiring a change of gears during the crossing, and the driver
shall not shift gears while crossing the track or tracks.
(b) This Section shall not apply:
1. At any railroad grade crossing where traffic is | ||
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2. At any railroad grade crossing controlled by a | ||
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3. At any streetcar grade crossing within a business | ||
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4. At any abandoned, industrial or spur track | ||
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(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/11-1203) (from Ch. 95 1/2, par. 11-1203)
Sec. 11-1203. Moving heavy equipment at railroad grade crossing.
(a) No person shall operate or move any crawler-type tractor, power
shovel, derrick, roller, or any equipment or structure having a normal
operating speed of 10 or less miles per hour, or, for such equipment with
18 feet or less distance between two adjacent axles, having a vertical body
or load clearance of less than 9 inches above a level surface, or, for such
equipment with more than 18 feet between two adjacent axles, having a
vertical body or load clearance of less than 1/2 inch per foot of distance
between such adjacent axles above a level surface upon or across any tracks
at a railroad grade crossing without first complying with this Section.
(b) Notice of any such intended crossing shall be given to a
superintendent of such railroad and a reasonable time be given to such
railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any
such vehicle or equipment shall first stop the same not less than 15 feet
nor more than 50 feet from the nearest rail of such railway and while so
stopped shall listen and look in both directions along such track for any
approaching train or railroad track equipment and for signals indicating the approach of a train or railroad track equipment, and
shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train, railroad track equipment, or car.
(Source: P.A. 96-1244, eff. 1-1-11.)
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(625 ILCS 5/11-1204) (from Ch. 95 1/2, par. 11-1204)
Sec. 11-1204.
Stop and yield signs.
(a) Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 11-302 of this Act.
(b) Except when directed to proceed by a police officer or traffic
control signal, every driver of a vehicle and every motorman of a streetcar
approaching a stop intersection indicated by a stop sign shall stop before
entering the crosswalk on the near side of the intersection or, in the
event there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before
entering the intersection.
(c) The driver of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the crosswalk on the near side of
the intersection or, in the event there is no crosswalk, at a clearly
marked stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1205) (from Ch. 95 1/2, par. 11-1205)
Sec. 11-1205.
Emerging from alley, building, or private road or driveway.
The driver of a vehicle emerging from an alley, building, private road
or driveway within an urban area shall stop such vehicle immediately prior
to driving into the sidewalk area extending across such alley, building
entrance, road or driveway, or in the event there is no sidewalk area,
shall stop at the point nearest the street to be entered where the driver
has a view of approaching traffic thereon, and shall yield the right-of-way
to any pedestrian as may be necessary to avoid collision, and upon entering
the roadway shall yield the right-of-way to all vehicles approaching on
such roadway.
(Source: P.A. 77-1344.)
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(625 ILCS 5/Ch. 11 Art. XIII heading) ARTICLE XIII.
STOPPING, STANDING,
AND PARKING
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(625 ILCS 5/11-1301) (from Ch. 95 1/2, par. 11-1301)
Sec. 11-1301.
Stopping, standing or parking outside of business or residence
district.
(a) Outside a business or residence district,
no person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon the roadway when
it is practicable to stop, park or so leave such vehicle off
the roadway, but in every event an unobstructed width of the highway
opposite a standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicle shall be available from a
distance of 200 feet in each direction upon such highway.
(b) The Department with respect to highways under its jurisdiction or
for the maintenance of which it is responsible may place signs prohibiting
or restricting the stopping, standing or parking of vehicles on any highway
where in its opinion such stopping, standing or parking is dangerous to
those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon.
Any such regulations adopted by the Department regarding the stopping,
standing or parking of vehicles upon any specific street, streets or
highways become effective at the time of the erection of appropriate signs
indicating such regulations. Any such signs may be erected either by the
Department or by a local authority with the approval of the Department.
(c) This Section, Section 11-1303 and Section 11-1304 shall
not apply to the driver of any vehicle which is
disabled in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the vehicle
in such position.
(d) Any second division vehicle used exclusively for the collection of
garbage, refuse, or recyclable material may stop or stand on the road in a
business, rural, or
residential district for the sole purpose of collecting garbage, refuse, or
recyclable material. The vehicle, in addition to having its hazard lights
lighted at all times that it is engaged in stopping or standing, shall also use
its amber oscillating, rotating, or flashing light or lights as authorized
under
paragraph 12 of subsection (b) of Section 12-215, if so equipped.
(Source: P.A. 91-869, eff. 1-1-01.)
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking privileges - Exemptions. (a) A motor vehicle bearing registration plates or digital registration plates issued to a person with
disabilities, as defined by Section 1-159.1, pursuant to Section 3-616 or to a
veteran with a disability pursuant to subsection (a) of Section 3-609 or a special decal or device issued
pursuant to Section 3-616 or pursuant to Section 11-1301.2 of this Code or a
motor vehicle registered in another jurisdiction, state, district, territory or
foreign country upon which is displayed a registration plate or digital registration plate, special decal or
device issued by the other jurisdiction designating the vehicle is operated by
or for a person with disabilities shall be exempt from the payment of parking
meter fees until January 1, 2014, and exempt from any statute or ordinance imposing time limitations
on parking, except limitations of one-half hour or less, on any street or
highway zone, a parking area subject to regulation under subsection (a) of Section 11-209 of this Code, or any parking lot or parking place which
are owned, leased or owned and leased by a municipality or a municipal
parking utility; and shall be recognized by state and local authorities
as a valid license plate or parking device and shall receive the same
parking privileges as residents of this State; but, such vehicle shall be
subject to the laws which prohibit parking in "no stopping" and "no
standing" zones in front of or near fire hydrants, driveways, public
building entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a traffic
hazard, whereby such motor vehicle shall be moved at the instruction and
request of a law enforcement officer to a location designated by the
officer. (b) Any motor vehicle bearing registration plates or digital registration plates or a special decal
or device specified in this Section or in Section 3-616 of this Code or
such parking device as specifically authorized in Section 11-1301.2 as
evidence that the vehicle is operated by or for a person with disabilities or bearing registration plates or digital registration plates issued to a
veteran with a disability under subsection (a) of Section 3-609 may park, in addition to any
other lawful place, in any parking place specifically reserved for such
vehicles by the posting of an official sign as provided under Section 11-301.
Parking privileges granted by this Section are strictly limited
to the person to whom the special registration plates or digital registration plates, special decal or
device were issued and to qualified operators acting under his or her express
direction while the person with disabilities is present.
A person to whom privileges were granted shall, at the request of a
police officer or any other person invested by law with authority to direct,
control, or regulate traffic, present an identification card with a picture as
verification that the
person is the person to whom the special registration plates or digital registration plates, special decal or
device was issued.
(c) Such parking privileges granted by this Section are also extended to
motor vehicles of not-for-profit organizations used for the transportation of
persons with disabilities when such motor vehicles display the decal or device
issued pursuant to Section 11-1301.2 of this Code.
(d) No person shall use any area for the parking of any motor vehicle
pursuant to Section 11-1303 of this Code or where an official sign
controlling such area expressly prohibits parking at any time or during
certain hours.
(e) Beginning January 1, 2014, a vehicle displaying a decal or device issued under subsection (c-5) of Section 11-1301.2 of this Code shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking area.(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with disabilities.
(a) The Secretary of State shall provide for, by administrative rules, the
design, size, color, and placement of a person with disabilities motorist decal
or device
and shall provide for, by administrative
rules, the content and form of an application for a person with disabilities
motorist decal or device,
which shall be used by local authorities in the issuance thereof to a
person with temporary disabilities, provided that the decal or device is
valid for no more than 90 days, subject to renewal for like periods based upon
continued disability, and further provided that the decal or device clearly
sets forth the date that the decal or device expires.
The application shall
include the requirement of an Illinois Identification Card number or a State
of Illinois driver's license number or, if the applicant does not have an identification card or driver's license number, then the applicant may use a valid identification number issued by a branch of the U.S. military or a federally issued Medicare or Medicaid identification number.
This decal or device may be used by the authorized holder to designate and identify a vehicle not owned or displaying a
registration plate or digital registration plate as provided in Sections 3-609 and 3-616 of this Act to
designate when the vehicle is being used to transport said person or persons
with disabilities, and thus is entitled to enjoy all the privileges that would
be afforded a person with disabilities licensed vehicle.
Person with disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local authorities
regardless of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by adequate
documentation that the person for whose benefit the decal or device is to be
used has a disability as defined in Section 1-159.1 of this
Code and the disability is temporary.
(a-5) The Secretary may provide a disabilities motorist decal or device to an expectant mother during her third trimester. An application under this subsection is subject to application requirements under subsection (a). The decal or device shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. The decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester. (b) The local governing authorities shall be responsible for the provision
of such decal or device, its issuance and designated placement within the
vehicle. The cost of such decal or device shall be at the discretion of
such local governing authority.
(c) The Secretary of State may, pursuant to Section 3-616(c), issue
a person with disabilities parking decal or device to a person with
disabilities as defined by Section 1-159.1. Any person with disabilities
parking decal or device issued by the Secretary of State shall be registered to
that person with disabilities in the form to be prescribed by the Secretary of
State. The person with disabilities parking decal or device shall not display
that person's address. One additional decal or device may be issued to an
applicant upon his or her written request and with the approval of the
Secretary of
State.
The written request must include a justification of the need for the
additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall provide by administrative rule for the issuance of a separate and distinct parking decal or device for persons with disabilities as defined by Section 1-159.1 of this Code and who meet the qualifications under this subsection. The authorized holder of a decal or device issued under this subsection (c-5) shall be exempt from the payment of fees generated by parking in a metered space, a parking area subject to paragraph (10) of subsection (a) of Section 11-209 of this Code, or a publicly owned parking area. The Secretary shall issue a meter-exempt decal or device to a person with
disabilities who: (i) has been issued registration plates or digital registration plates under subsection (a) of Section 3-609 or Section 3-616 of this Code or a special decal or device under this Section, (ii) holds a valid Illinois driver's license, and (iii) is unable to do one or more of the following: (1) manage, manipulate, or insert coins, or obtain | ||
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(2) reach above his or her head to a height of 42 | ||
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(3) approach a parking meter due to his or her use of | ||
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(4) walk more than 20 feet due to an orthopedic, | ||
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The application for a meter-exempt parking decal or device shall contain a statement certified by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the permanent nature of the applicant's condition and verifying that the applicant meets the physical qualifications specified in this subsection (c-5). Notwithstanding the requirements of this subsection (c-5), the Secretary shall issue a meter-exempt decal or device to a person who has been issued registration plates or digital registration plates under Section 3-616 of this Code or a special decal or device under this Section, if the applicant is the parent or guardian of a person with disabilities who is under 18 years of age and incapable of driving. (d) Replacement decals or devices may be issued for lost, stolen, or
destroyed decals upon application and payment of a $10 fee. The replacement
fee may be waived for individuals that have claimed and received a grant under
the Senior Citizens and Persons with Disabilities Property Tax Relief Act.
(e) A person classified as a veteran under subsection (e) of Section 6-106 of this Code that has been issued a decal or device under this Section shall not be required to submit evidence of disability in order to renew that decal or device if, at the time of initial application, he or she submitted evidence from his or her physician or the Department of Veterans' Affairs that the disability is of a permanent nature. However, the Secretary shall take reasonable steps to ensure the veteran still resides in this State at the time of the renewal. These steps may include requiring the veteran to provide additional documentation or to appear at a Secretary of State facility. To identify veterans who are eligible for this exemption, the Secretary shall compare the list of the persons who have been issued a decal or device to the list of persons who have been issued a vehicle registration plate or digital registration plate for veterans with disabilities under Section 3-609 of this Code, or who are identified as a veteran on their driver's license under Section 6-110 of this Code or on their identification card under Section 4 of the Illinois Identification Card Act. (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.)
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(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places reserved for persons with
disabilities. (a) It shall be prohibited to park any motor vehicle which is not properly
displaying
registration plates or decals issued to a person with disabilities, as defined
by Section 1-159.1, pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a veteran with a disability pursuant to Section 3-609 of this Act, as evidence that the
vehicle is operated by or for a person with disabilities or a veteran with a disability,
in any parking place, including any private
or public offstreet parking facility, specifically reserved, by the
posting of an official sign as designated under Section 11-301, for
motor vehicles displaying such registration plates.
It shall be prohibited to park any motor vehicle in a designated access
aisle adjacent to any parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11-301, for motor vehicles displaying such registration plates.
When using the parking privileges for persons with disabilities, the parking
decal or device must be displayed properly in the vehicle where it is clearly
visible to law enforcement personnel, either hanging from the rearview mirror
or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a
parking decal or device containing the International symbol of access
issued to persons with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and local
authorities as a valid license plate or device and receive the same parking
privileges as residents of this State.
(a-1) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Sections 3-616, 11-1301.1, or 11-1301.2 or to a veteran with a disability under Section 3-609 is in violation of this Section if (i) the person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location and (ii) the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this Code.
(a-2) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Section 3-616, 11-1301.1, or 11-1301.2 or to a veteran with a disability under Section 3-609 is in violation of this Section if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device under this Code. (b) Any person or local authority owning or operating any public or private
offstreet parking facility may, after notifying the police or sheriff's
department, remove or cause to be removed to the nearest garage or other
place of safety any vehicle parked within a stall or space reserved for
use by a person with disabilities which does not
display person with disabilities registration
plates or a special decal or device as required under this Section.
(c) Any person found guilty of violating the provisions of subsection (a) shall be fined $250 in addition to any costs or charges connected
with the removal or storage of any motor vehicle authorized under this
Section; but municipalities by ordinance may impose a fine up to $350
and shall display signs indicating the fine imposed. If the amount of
the fine is subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine.
It shall not be a defense to a charge under this Section that either the sign posted
pursuant to this
Section or the intended accessible parking place does not comply with the technical requirements of Section 11-301,
Department
regulations, or local ordinance if a reasonable person would be made aware by
the
sign or notice on or near the parking place that the place is reserved for a
person
with
disabilities.
(c-1) Any person found guilty of violating the provisions of subsection (a-1) a first time shall be fined $600. Any person found guilty of violating subsection (a-1) a second or subsequent time shall be fined $1,000. Any person who violates subsection (a-2) is guilty of a Class A misdemeanor and shall be fined $2,500. The circuit clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally.
If an officer of the Secretary of State Department of Police arrested a person for a violation of this Section, 50% of the fine imposed shall be deposited into the Secretary of State Police Services Fund. (d) Local authorities shall impose fines as established in subsections
(c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an individual
issued a disability
license plate under Section 3-616 of this
Code, an individual issued a parking decal or device
under Section 11-1301.2 of this Code, or an individual issued a license plate for veterans with disabilities under Section 3-609 of this Code. (f) Any person who commits a violation of subsection (a-1) or a similar provision of a local ordinance may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State. Any person who commits a violation of subsection (a-2) or a similar provision of a local ordinance shall have his or her driving privileges revoked by the Secretary of State. The Secretary of State may also suspend or revoke the disability license plates or parking decal or device for a period of time determined by the Secretary of State.
(g) Any police officer may seize the parking decal
or device from any person who commits a violation of this Section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section. (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
Sec. 11-1301.4. Reciprocal agreements with other jurisdictions; temporary decal. (a) The Secretary of State, or his designee, may enter into agreements
with other jurisdictions, including foreign jurisdictions, on behalf of
this State relating to the extension of parking
privileges by such jurisdictions to residents of this
State with disabilities who display a special license plate or parking device that contains
the International symbol of access on his or her motor vehicle, and to
recognize such plates or devices issued by such other jurisdictions. This
State shall grant the same parking privileges which are granted to
residents of this State with disabilities to any non-resident whose motor vehicle is licensed
in another state, district, territory or foreign country if such vehicle
displays the International symbol of access or a distinguishing insignia on
license plates or parking device issued in accordance with the laws of the
non-resident's state, district, territory or foreign country.
(b) The Secretary may issue a one-time decal or device to any non-resident of this State who is a person with disabilities and who is displaced from another jurisdiction due to a national disaster as declared by the federal government. The person shall provide the Secretary proof that he or she is residing at an Illinois residence for the duration of his or her time in this State and proof of disability, including, but not limited to, a device or decal issued by another jurisdiction, a designation on a driver's license or identification card issued by another jurisdiction, or a medical certification by an Illinois licensed physician, physician assistant, or advanced practice registered nurse. A device or decal issued under this subsection (b) shall be valid for a period not to exceed 6 months. (Source: P.A. 99-143, eff. 7-27-15; 100-702, eff. 1-1-19.)
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(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered disability
license plate or parking decal or device. (a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal
or device, or any license plate issued to a veteran with a disability under Section 3-609 of this Code, that has been issued by the Secretary of State or an authorized unit
of local government that was issued based upon false information contained on
the required application.
"False information" means any incorrect or inaccurate information
concerning
the name, date of birth, social security number, driver's license number, military identification number, Medicaid or Medicare identification number,
physician certification, or any other information required on the Persons with Disabilities Certification for Plate or Parking Placard, on the Application for Replacement Disability Parking Placard, or on the
application
for license plates issued to veterans with disabilities under Section 3-609 of this Code, that
falsifies the content of the application.
"Unlawfully altered disability
license plate or parking
permit or device" means any disability license plate or parking
permit or device, or any license plate issued to a veteran with a disability under Section 3-609 of this Code, issued by the Secretary of State or an authorized unit of
local government that has been physically altered or changed in such manner
that false information appears on the license plate or parking decal or device.
"Authorized holder" means an individual issued a disability
license plate under Section 3-616 of this Code or an individual issued a parking decal or device under Section 11-1301.2 of this Code, or an individual issued a license plate for veterans with disabilities under Section 3-609 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or unlawfully | ||
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(2) to knowingly issue or assist in the issuance of, | ||
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(3) to knowingly alter any disability license plate | ||
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(4) to knowingly manufacture, possess, transfer, or | ||
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(5) to knowingly provide any false information to the | ||
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(6) to knowingly transfer a disability license plate | ||
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(7) who is a physician, physician assistant, or | ||
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(c) Sentence.
(1) Any person convicted of a violation of paragraph | ||
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(2) Any person who commits a violation of this | ||
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(3) Any police officer may seize the parking decal or | ||
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(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18; 100-702, eff. 1-1-19.)
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(625 ILCS 5/11-1301.6)
Sec. 11-1301.6. Fraudulent disability license plate or
parking decal or device. (a) As used in this Section:
"Fraudulent disability
license plate or parking decal or
device"
means any disability license plate or parking decal or device
that purports to be an official disability license plate or
parking decal or device and that has not been issued by the Secretary of State
or an authorized unit of local government.
"Disability license plate or parking decal or device-making
implement" means any implement specially designed or primarily used in the
manufacture, assembly, or authentication of a disability license
plate or parking decal or device, or a license plate issued to a veteran with a disability under Section 3-609 of this Code, issued by the Secretary of State or a unit of
local government.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent disability | ||
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(2) to knowingly possess without authority any | ||
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(3) to knowingly duplicate, manufacture, sell, or | ||
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(4) to knowingly assist in the duplication, | ||
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(5) to advertise or distribute a fraudulent | ||
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(c) Sentence.
(1) Any person convicted of a violation of this | ||
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(2) Any person who commits a violation of this | ||
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(3) Any police officer may seize the parking decal or | ||
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(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-1301.7)
Sec. 11-1301.7. Appointed volunteers and contracted
entities; parking violations for persons with disabilities.
(a) The chief of police of a municipality and the sheriff of a county
authorized to enforce parking laws may appoint volunteers or contract with
public or private entities to issue parking violation notices for violations
of Section 11-1301.3 or ordinances dealing with parking privileges for persons
with disabilities. Volunteers appointed under this Section and any employees
of public or private entities that the chief of police or sheriff has
contracted with under this Section who are issuing these parking violation
notices must be at least 21 years of age. The chief of police or sheriff
appointing the volunteers or contracting with public or private entities may
establish any other qualifications that he or she deems desirable.
(b) The chief of police or sheriff appointing volunteers under this Section
shall provide training to the volunteers before authorizing them to issue
parking violation notices.
(c) A parking violation notice issued by a volunteer appointed under this
Section or by a public or private entity that the chief of police or sheriff
has contracted with under this Section shall have
the same force and effect as a parking violation notice issued by a police
officer for the same offense.
(d) All funds collected as a result of the payment of the parking violation
notices issued under this Section shall go to the municipality or county where
the notice is issued.
(e) An appointed volunteer or private or public entity under contract
pursuant to this Section is not liable for his or her or its act or omission in
the execution or enforcement of laws or ordinances if acting within the scope
of the appointment or contract authorized by this Section, unless the act or
omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local government, a chief of
police, sheriff, or
employee of a police department or sheriff, as such and acting within the scope
of his or her employment, is not liable for an injury caused by the act or
omission of an appointed volunteer or private or public entity under contract
pursuant to this Section. No local government, chief of police, sheriff, or an
employee of a local government, police department or sheriff shall be liable
for any actions regarding the supervision or direction, or the failure to
supervise and direct, an appointed volunteer or private or public entity under
contract pursuant to this Section unless the act or omission constitutes
willful and wanton conduct.
(g) An appointed volunteer or private or public entity under contract
pursuant to this Section shall assume all liability for and hold the property
owner and his agents and employees harmless from any and all claims of action
resulting from the work of the appointed volunteer or public or private
entity.
(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-1301.8) Sec. 11-1301.8. Obstruction of parking places for persons with disabilities. (a) No property owner shall allow any unreasonable obstruction of a designated aisle or parking place specifically reserved for persons with
disabilities after 24 hours following the conclusion of an adverse weather event. (b) No property owner shall allow the accumulation of debris or large objects, such as trash containers, to unreasonably obstruct any designated aisle or parking place specifically reserved for persons with
disabilities without providing suitable and equivalent alternative parking spaces on-site. (c) This Section shall apply to both public and private property where any designated aisle or parking place is specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11-301 of this Code. (d) A person who violates this Section shall be guilty of a petty offense and pay a fine of not more than $250.
(Source: P.A. 96-1125, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
Sec. 11-1302. Officers authorized to remove vehicles. (a) Whenever any police officer
finds a vehicle
in violation of any of the provisions of Section
11-1301 such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same, to a position
off the roadway.
(b) Any police officer is hereby authorized to remove or cause to be removed
to a place of safety any unattended
vehicle illegally left standing upon any highway, bridge, causeway,
or in a tunnel, in such a
position or under such circumstances as to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled vehicle
standing upon the paved or main-traveled part of a highway, which
vehicle is or may be expected to interrupt the free flow of traffic
on the highway or interfere with the maintenance of the highway,
the Department is authorized to move the vehicle to a position off
the paved or improved or main-traveled part of the highway.
(c) Any police officer is hereby authorized to remove or cause
to be removed to the nearest garage or other place of safety any
vehicle found upon a highway when:
1. report has been made that such vehicle has been | ||
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2. the person or persons in charge of such vehicle | ||
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3. the person driving or in control of such vehicle | ||
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4. the registration of the vehicle has been | ||
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(Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13.)
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(625 ILCS 5/11-1303) (from Ch. 95 1/2, par. 11-1303)
Sec. 11-1303. Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic-control device, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or | ||
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b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or | ||
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f. Alongside or opposite any street excavation or | ||
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g. Upon any bridge or other elevated structure | ||
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h. On any railroad tracks. A violation of any | ||
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i. At any place where official signs prohibit | ||
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j. On any controlled-access highway;
k. In the area between roadways of a divided | ||
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l. In a public parking area if the vehicle does | ||
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2. Stand or park a vehicle, whether occupied or not, | ||
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a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an | ||
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d. Within 30 feet upon the approach to any | ||
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e. Within 20 feet of the driveway entrance to any | ||
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f. At any place where official signs prohibit | ||
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3. Park a vehicle, whether occupied or not, except | ||
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a. Within 50 feet of the nearest rail of a | ||
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b. At any place where official signs prohibit | ||
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(b) No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1304) (from Ch. 95 1/2, par. 11-1304)
Sec. 11-1304.
Additional parking regulations.
(a) Except as otherwise
provided in this section, every vehicle
stopped or parked upon a two-way roadway shall be so stopped or
parked with the right-hand wheels parallel to and within 12 inches
of the right-hand curb or as close as practicable to the right
edge of the right-hand shoulder.
(b) Except when otherwise provided by local ordinance, every
vehicle stopped or parked upon a one-way roadway shall be so
stopped or parked parallel to the curb or edge of the roadway,
in the direction of authorized traffic movement, with its right-hand
wheels within 12 inches of the right-hand curb or as close as practicable
to the right edge of the right-hand shoulder, or with its left-hand
wheels within 12 inches of the left-hand curb or as close as
practicable to the left edge of the left-hand shoulder.
(c) Local authorities may permit angle parking on any roadway, except
that angle parking shall not be permitted on any federal-aid or State highway unless
the Department has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(d) The Department with respect to highways under its jurisdiction may place
signs prohibiting, limiting, or restricting the stopping, standing or parking of
vehicles on any highway where in its opinion such stopping, standing or parking
is dangerous to those using the highway or where the stopping, standing or parking
of vehicles would unduly interfere with the free movement of traffic thereon.
No person shall stop, stand or park any vehicle in violation of the restrictions
indicated by such devices.
(Source: P.A. 79-801; 79-1069; 79-1454.)
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(625 ILCS 5/11-1304.5)
Sec. 11-1304.5. Parking of vehicle with expired registration. No
person may stop, park, or leave standing upon a public street, highway, or
roadway a vehicle upon
which is
displayed an Illinois registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker
after the termination of
the registration
period, except as provided for in subsection (b) of Section 3-701 of this Code, for which the registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker was
issued or after the
expiration date set under
Section 3-414 or 3-414.1 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1305) (from Ch. 95 1/2, par. 11-1305)
Sec. 11-1305. Lessors of visitor vehicles - Duty upon receiving
notice of violation of this Article or local parking regulation.
Every person in whose name a vehicle is registered pursuant to
law and who leases such vehicle to others, after receiving written
notice of a violation of this Article or a parking regulation of a local
authority involving such vehicle, shall upon request provide such police
officers as have authority of the offense, and the court having
jurisdiction thereof, with a written statement of the name and address
of the lessee at the time of such offense and the identifying number
upon the registration plates or digital registration plates and registration sticker or stickers or digital registration sticker or stickers of
such vehicle.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1306) (from Ch. 95 1/2, par. 11-1306)
Sec. 11-1306.
Parking liability of lessor.
No person who is the lessor
of a vehicle pursuant to a written lease agreement shall be liable for the
violation of any parking or standing regulation of this Act, or of a local
authority, involving such vehicle during the period of the lease; provided
that upon the request of the appropriate authority received within 120 days
after the violation occurred, the
lessor provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be subsequently
individually requested by the appropriate authority if needed for
enforcement of the Act.
(Source: P.A. 84-354.)
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(625 ILCS 5/11-1307) Sec. 11-1307. Centralized parking meter systems. (a) As used in this Section: "Centralized parking meter system" means a system of regulating the standing or parking of vehicles that includes 3 or more parking meter zones, and a single parking meter. "Parking meter" means a traffic control device which, upon being activated by deposit of currency of the United States, or by electronic or other form of payment, in the amount indicated thereon or otherwise, either: (1) displays a signal showing that parking is allowed from the time of such activation until the expiration of the time fixed for parking in the parking meter zone in which it is located, and upon expiration of such time indicates by sign or signal that the lawful parking period has expired, or (2) issues a ticket or other token, or activates a display device, on which is printed or otherwise indicated the lawful parking period in the parking meter zone in which the parking meter is located, such ticket, other token, or display device, to be displayed in a publicly visible location on the dashboard or inner windshield of a vehicle parked in the parking meter zone, or such ticket to be affixed on the front lamp of a motorcycle or motor scooter parked in the parking meter zone. "Parking meter zone" means a certain designated and marked-off section of the public way within the marked boundaries where a vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter attached thereto, or the ticket or other token issued by the parking meter, may indicate. (b) If for any reason the parking meter serving a space or, in a centralized parking meter system, serving a parking meter zone is malfunctioning due to the accumulation of ice or snow and it has been reported to the local authorities as malfunctioning prior to a violation for the standing or parking of vehicles being issued, it shall be a valid affirmative defense to such violation until such time as the parking meter is brought back into service.
(Source: P.A. 96-1256, eff. 1-1-11.) |
(625 ILCS 5/11-1308) Sec. 11-1308. Unauthorized use of parking places reserved for electric vehicles. (a) For the purposes of this Section: "Electric vehicle" means a battery-powered electric vehicle operated solely by electricity or a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source. "Electric vehicle charging station" means any facility or equipment that is used to charge a battery or other energy storage device of an electric vehicle. (b) It shall be prohibited to park a non-electric vehicle in an electric vehicle charging station designated for use by electric vehicles, including an electric vehicle charging station on any private or public offstreet parking facility. A person may park only an electric vehicle in an electric vehicle charging station space designated for use by electric vehicles. (c) Any person or local authority owning or operating any public or private offstreet parking facility may, after notifying the police or sheriff's department, remove or cause to be removed to the nearest garage or other place of safety any non-electric vehicle parked within an electric vehicle charging station space designated for use by electric vehicles. (d) It shall not be a defense to a charge under this Section that the sign or notice posted at the electric vehicle charging station or the designated parking space does not comply with applicable rules, regulations, or local ordinances, if a reasonable person would be made aware by the sign or notice on or near the parking space that the space is reserved for electric vehicles. (e) Any person found guilty of violating the provisions of subsection (b) shall be fined $75 in addition to any costs or charges connected with the removal or storage of the non-electric vehicle; but municipalities by ordinance may impose a fine up to $100.
(Source: P.A. 99-172, eff. 1-1-16.) |
(625 ILCS 5/Ch. 11 Art. XIV heading) ARTICLE XIV.
MISCELLANEOUS LAWS
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(625 ILCS 5/11-1401) (from Ch. 95 1/2, par. 11-1401)
Sec. 11-1401. Unattended motor vehicles. Except for a law enforcement officer or an operator of an authorized emergency vehicle performing his or her official duties, no person driving or in charge of
a motor vehicle shall permit it to stand unattended without first stopping the
engine, locking the ignition, removing the key from the
ignition, effectively setting the brake thereon and, when standing upon any
perceptible grade, turning the front
wheels to the curb or side of the highway. An unattended motor vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system.
(Source: P.A. 100-435, eff. 8-25-17.)
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(625 ILCS 5/11-1402) (from Ch. 95 1/2, par. 11-1402)
Sec. 11-1402.
Limitations on backing.
(a) The driver of a vehicle shall not back the same unless such movement
can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder
or roadway of any
controlled-access highway.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1403) (from Ch. 95 1/2, par. 11-1403)
Sec. 11-1403. Riding on motorcycles. (a) A person operating a
motorcycle shall ride only upon the permanent and regular seat attached
thereto, and such operator shall not carry any other person nor shall any
other person ride on a motorcycle unless such motorcycle is designed to
carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for 2 persons, or upon another seat
firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the
seat, facing forward, with one leg on each side of the motorcycle.
(c) No person shall operate any motorcycle with handlebar grips higher than
the height of the head of the operator when the operator is seated in
the normal driving position astride that portion of the seat or saddle
occupied by the operator.
(d) The operator of any motorcycle shall keep at least one hand on a handlebar grip at all times the motorcycle is in motion. (e) The operator of a motorcycle may not transport a passenger unless the passenger is capable of resting a foot on the footrest while the motorcycle is in motion.(Source: P.A. 102-344, eff. 1-1-22.)
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(625 ILCS 5/11-1403.1) (from Ch. 95 1/2, par. 11-1403.1)
Sec. 11-1403.1. Riding on mopeds. (a) The operator of a
moped shall ride only astride the permanent and regular seat
attached thereto, and shall not permit 2 persons to ride thereon at the
same time, unless the moped is designed to carry 2 persons;
any moped designed for 2 persons must be equipped with a
passenger seat and footrests for use of a passenger.
(b) The provisions of Article XV shall be applicable to the operation
of mopeds, except for those provisions which by their nature
can have no application to mopeds.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1403.2) (from Ch. 95 1/2, par. 11-1403.2)
Sec. 11-1403.2. Operating a motorcycle, motor driven cycle, or moped on one wheel; aggravated operating a motorcycle, motor driven cycle, or moped on one wheel. (a) No person shall operate a motorcycle, motor driven
cycle, or moped on one wheel.
(b) Aggravated operating a motorcycle, motor driven cycle, or moped on one wheel. A person commits aggravated operating a motorcycle, motor driven cycle, or moped on one wheel when he or she violates subsection (a) of this Section while committing a violation of subsection (b) of Section 11-601 of this Code. A violation of this subsection is a petty offense with a minimum fine of $100, except a second conviction of a violation of this subsection is a Class B misdemeanor and a third or subsequent conviction of a violation of this subsection is a Class A misdemeanor.(Source: P.A. 96-554, eff. 1-1-10; 97-743, eff. 1-1-13.)
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(625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)
Sec. 11-1403.3.
Intercom helmets.
Any driver of a vehicle defined in
Section 1-145.001, 1-147, or 1-148.2 of this Code may use a
helmet
equipped with
an electronic intercom system permitting 2-way vocal communication with
drivers of any such vehicles or passengers on such vehicles.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/11-1404) (from Ch. 95 1/2, par. 11-1404)
Sec. 11-1404. Special equipment for persons riding motorcycles, motor
driven cycles or mopeds.
(a) The operator of a motorcycle, motor
driven cycle or moped and every passenger thereon shall be
protected by glasses, goggles or a transparent shield.
(b) For the purposes of this Section, glasses, goggles, and transparent
shields are defined as follows:
"Glasses" means ordinary eye pieces such as spectacles or sunglasses worn
before the eye, made of shatter-resistant material.
Shatter-resistant material, as used in this Section, means material so
manufactured, fabricated, or
created that it substantially prevents shattering or flying when struck or
broken.
"Goggles" means a device worn before the eyes, the predominant function of
which is protecting the eyes without obstructing peripheral vision. Goggles
shall provide protection from the front and sides, and may or may not form a
complete seal with the face.
"Transparent shield" means a windshield attached to the front of a motorcycle
that extends above the eyes when an operator is seated in the normal, upright
riding position, made of shatter-resistant material, or a shatter-resistant
protective face shield that covers the wearer's eyes and face at least to a
point approximately to the tip of the nose.
(c) Contact lenses are not acceptable eye protection devices.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1405) (from Ch. 95 1/2, par. 11-1405)
Sec. 11-1405.
Required equipment on motorcycles.
Any motorcycle carrying a passenger, other than in a sidecar or enclosed
cab, shall be equipped with footrests for such passenger.
(Source: P.A. 84-602.)
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(625 ILCS 5/11-1406) (from Ch. 95 1/2, par. 11-1406)
Sec. 11-1406.
Obstruction of driver's view or driving mechanism.
(a) No person shall drive a vehicle when it is so loaded, or when there
are in the front seat such a number of persons, exceeding three, as to obstruct
the view of
the driver to the front or sides of the vehicle or as to interfere with the
driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in such position as
to interfere with the driver's or motorman's view ahead or to the sides, or
to interfere with his control over the driving mechanism of the vehicle or
streetcar.
(c) No passenger on a school bus may ride or stand in a position as to
interfere with the driver's view ahead or to the side or to the rear, or to
interfere with his control of the driving mechanism of the bus.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1407) (from Ch. 95 1/2, par. 11-1407)
Sec. 11-1407.
Opening and closing vehicle doors.
No person shall open the door of a vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so, and can be
done without interfering with the movement of other traffic, nor shall any
person leave a door open on the side of a vehicle available to moving
traffic for a period of time longer than necessary to load or unload
passengers.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1408) (from Ch. 95 1/2, par. 11-1408)
Sec. 11-1408. Riding in towed vehicles. No person or persons shall occupy
a trailer, semitrailer, farm wagon, or any other vehicle while it is being towed upon a public highway, unless: (1) the occupancy of the towed vehicle is necessary | ||
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(2) the speed of the vehicle does not exceed 15 miles | ||
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(3) the speed of the vehicle does not exceed 15 miles | ||
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(Source: P.A. 97-17, eff. 1-1-12.)
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(625 ILCS 5/11-1409) (from Ch. 95 1/2, par. 11-1409)
Sec. 11-1409.
Driving on mountain highways.
The driver of a motor vehicle traveling through defiles or canyons or on
mountain highways shall hold such motor vehicle under control and as near
the right-hand edge of the roadway as reasonably possible and,
except when driving entirely to the right of the center of the roadway,
shall give audible warning with the horn of such
motor vehicle upon approaching any curve where the view is obstructed within
a distance of 200 feet along the highway.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1410) (from Ch. 95 1/2, par. 11-1410)
Sec. 11-1410.
Coasting prohibited.
(a) The driver of any motor vehicle when traveling upon a down grade shall
not coast with the gears or transmission of such vehicle in neutral.
(b) The driver of a truck or bus when traveling
upon a down grade shall not coast with the clutch disengaged.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1411) (from Ch. 95 1/2, par. 11-1411)
Sec. 11-1411.
Following fire apparatus prohibited.
The driver of any vehicle other than one on official business shall not
follow any fire apparatus traveling in response to a fire alarm closer than
500 feet or stop such vehicle within 500 feet of any fire
apparatus stopped in answer to a fire alarm.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1412) (from Ch. 95 1/2, par. 11-1412)
Sec. 11-1412.
Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire
department when laid down on any street, private road or driveway to be
used at any fire or alarm of fire, without the consent of the fire
department official in command.
(Source: P.A. 76-1736.)
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(625 ILCS 5/11-1412.1) (from Ch. 95 1/2, par. 11-1412.1)
Sec. 11-1412.1.
Driving upon sidewalk.
No person shall drive any vehicle
upon a sidewalk or
sidewalk area except upon a permanent or duly authorized temporary
driveway. This Section does not apply to any vehicle moved exclusively
by human power, to any electric personal assistive mobility device, nor to
any motorized wheelchair.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03.)
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(625 ILCS 5/11-1412.2)
Sec. 11-1412.2.
Operating an electric personal assistive mobility device
on a public sidewalk. A person may not operate an electric personal assistive
mobility device upon a public sidewalk at a speed greater than 8 miles per
hour.
Nothing in this Section shall be deemed to limit or preempt the authority of
any home rule or non-home rule unit of local government from regulating or
prohibiting the use of electric personal assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03.)
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(625 ILCS 5/11-1412.3) Sec. 11-1412.3. Ownership and operation of a mobile carrying device. (a) A mobile carrying device may be operated on a sidewalk or crosswalk so long as all of the following requirements are met: (1) the mobile carrying device is operated in | ||
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(2) a personal property owner is actively monitoring | ||
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(3) the mobile carrying device is equipped with a | ||
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(b) A mobile carrying device operator may not do any of
the following: (1) fail to comply with traffic or pedestrian control | ||
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(2) unreasonably interfere with pedestrians or | ||
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(3) transport a person; or (4) operate on a street or highway, except when | ||
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(c) A mobile carrying device operator has the rights and obligations applicable to a pedestrian under the same circumstances, and shall ensure that a mobile carrying device shall yield the right-of-way to a pedestrian on a sidewalk or within a crosswalk. (d) A personal property owner may not utilize a mobile carrying device to transport hazardous materials. (e) A personal property owner may not utilize a mobile
carrying device unless the person complies with this Section. (f) A mobile carrying device operator that is not a natural person shall register with the Secretary of State. (g) No contract seeking to exempt a mobile carrying device operator from liability for injury, loss, or death caused by a mobile carrying device shall be valid, and contractual provisions limiting the choice of venue or forum, shortening the statute of limitations, shifting the risk to the user, limiting the availability of class actions, or obtaining judicial remedies shall be invalid and unenforceable. (h) A violation of this Section is a petty offense.
(Source: P.A. 101-123, eff. 7-26-19; 102-558, eff. 8-20-21.) |
(625 ILCS 5/11-1413) (from Ch. 95 1/2, par. 11-1413)
Sec. 11-1413.
Depositing material on highway prohibited.
(a) No person shall throw, spill or deposit upon any highway any bottle,
glass, nails, tacks, wire, cans, or any litter (as defined in Section 3 of
the Litter Control Act).
(b) Any person who violates subsection (a) upon any highway shall
immediately remove such material or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway
shall remove any glass or other debris, except any hazardous substance as
defined in Section 3.215 of the Environmental Protection Act,
hazardous waste as defined in Section 3.220 of the Environmental
Protection Act, and potentially infectious medical waste as defined in Section
3.360 of the Environmental Protection Act, dropped upon the
highway from such vehicle.
(Source: P.A. 92-574, eff. 6-26-02.)
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(625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
Sec. 11-1414. Approaching, overtaking, and passing school bus.
(a) The driver of a vehicle shall stop such vehicle before meeting or
overtaking, from either direction, any school bus stopped on a highway, roadway, private road, parking lot, school property, or at any other location, including, without limitation, a location that is not a highway or roadway for
the purpose of receiving or discharging pupils. Such stop is required before
reaching the school bus when there is in operation on the school
bus the visual signals as specified in Sections 12-803 and 12-805 of this
Code. The driver of the vehicle shall not proceed until the
school bus resumes motion or the driver of the vehicle is signaled by the
school bus driver to proceed or the visual signals are no longer actuated.
(b) The stop signal arm required by Section 12-803 of this Code shall
be extended after the school bus has come to a complete stop for the purpose of
loading or discharging pupils and shall be closed before the school bus
is placed in motion again. The stop signal arm shall
not be extended at any other time.
(c) The alternately flashing red signal lamps of an
8-lamp flashing signal system required by Section 12-805 of this Code
shall be actuated after the school bus has come to a complete stop for the
purpose of
loading or discharging pupils and shall be turned off before
the school bus is placed in motion again. The red signal
lamps shall not be actuated at any other time
except as provided in paragraph (d) of this Section.
(d) The alternately flashing amber signal lamps of an 8-lamp
flashing signal system required by Section 12-805 of this
Code shall be actuated continuously during not less than the last 100
feet traveled by the school bus before stopping for the purpose of loading
or discharging pupils within an urban area and during not less than
the last 200 feet traveled by the school
bus outside an urban area. The amber signal lamps shall remain actuated
until the school
bus is stopped. The amber signal lamps shall not be actuated at any other time.
(d-5) The alternately flashing head lamps permitted by Section 12-805 of
this Code may be operated while the alternately flashing red or amber signal
lamps required by that Section are actuated.
(e) The driver of a vehicle upon a highway having 4 or more lanes which
permits at least 2 lanes of traffic to travel in opposite directions need not
stop such vehicle upon meeting a school bus which is stopped in the opposing
roadway; and need not stop such vehicle when driving upon a controlled access
highway when passing a school bus traveling in either direction that is stopped
in a loading zone
adjacent to the surfaced or improved part of the controlled access
highway where pedestrians are not permitted to cross.
(f) Beginning with the effective date of this amendatory Act of 1985,
the Secretary of State shall suspend for a period of 3 months
the driving
privileges of any person convicted of a violation of subsection (a) of this
Section or a similar provision of a local ordinance; the Secretary shall
suspend for a period of one year the driving privileges of any person convicted
of a second or subsequent violation of subsection (a) of this Section or a
similar provision of a local ordinance if the second or subsequent violation
occurs within 5 years of a prior conviction for the same offense. In addition
to the suspensions authorized by this Section, any person convicted of
violating this Section or a similar provision of a local ordinance
shall be subject to a mandatory fine of $300 or, upon a second or subsequent
violation, $1,000, and community service in an amount set by the court.
The Secretary may also grant, for the duration of any
suspension issued under this subsection, a restricted driving permit
granting the privilege of driving a motor vehicle between the driver's
residence and place of employment or within other proper limits that the
Secretary of State shall find necessary to avoid any undue hardship. A
restricted driving permit issued hereunder shall be subject to
cancellation, revocation and suspension by the Secretary of State in like
manner and for like cause as a driver's license may be cancelled, revoked
or suspended; except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension or cancellation of the
restricted driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the applicant to
participate in a designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be included as an
offense for the purposes of determining suspension action under any other
provision of this Code, provided however, that the penalties provided under
this subsection shall be imposed unless those penalties imposed under other
applicable provisions are greater.
The owner of any vehicle alleged to have violated paragraph (a) of this
Section shall, upon appropriate demand by the State's Attorney or other
designated person acting in response to a signed complaint, provide
a written statement or deposition identifying the operator of the vehicle
if such operator was not the owner at the time of the alleged violation.
Failure to supply such information shall result in the suspension of the vehicle registration of the vehicle for a period of 3 months. In the event the owner has assigned control for the use
of the vehicle to another, the person to whom control was assigned shall
comply with the provisions of this paragraph and be subject to the same
penalties as herein provided.
(Source: P.A. 101-55, eff. 1-1-20; 102-859, eff. 1-1-23.)
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(625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1)
Sec. 11-1414.1. School transportation of students.
(a) Every student enrolled in grade 12 or below in any entity listed in subsection (a) of Section 1-182 of this Code must be transported in a school bus or a vehicle described in subdivision (1) or (2) of subsection (b) of Section 1-182 of this Code for any curriculum-related school activity, except a student in any of grades 9 through 12 or a student in any of grades K through 12 with an Individualized Education Plan (IEP) with a staff to student ratio of 1 to 5, and attending Acacia Academy, Alexander Leigh, Marklund, Helping Hands Center, Connections Organization, Soaring Eagle Academy, or New Horizon Academy may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of this Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions: (i) A MFSAB may not be used to transport students | ||
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(ii) The use of a MFSAB under this Section is subject | ||
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"Curriculum-related school activity" as used in this subsection (a) includes transportation from home to school or from school to home, tripper or shuttle service between school attendance centers, transportation to a vocational or career center or other trade-skill development site or a regional safe school or other school-sponsored alternative learning program, or a trip that is directly related to the regular curriculum of a student for which he or she earns credit.
(b) Every student enrolled in grade 12 or below in any entity listed in subsection (a) of Section 1-182 of this Code who is transported in a vehicle that is being operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for an interscholastic, interscholastic-athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the entity and (ii) is not associated with the students' regular class-for-credit schedule shall transport students only in a school bus or vehicle described in subsection (b) of Section 1-182 of this Code. A student participating in an agrarian-related activity may also be transported in a second division pick-up truck registered under paragraph 7 of subsection (b) of Section 3-808.1. For purposes of this subsection, "pick-up truck" means a truck weighing 12,000 pounds or less with an enclosed cabin that can seat up to 6 passengers with seatbelts, including the driver, and an open cargo area. This subsection (b) does not apply to any second division vehicle used by an entity listed in subsection (a) of Section 1-182 of this Code for a parade, homecoming, or a similar noncurriculum-related school activity.
(Source: P.A. 102-544, eff. 8-20-21.)
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(625 ILCS 5/11-1415) (from Ch. 95 1/2, par. 11-1415)
Sec. 11-1415.
School buses stopping, loading
and discharging passengers on one-way roadways on highways having 4
or more lanes. (a) A school bus traveling on a one-way roadway
or a highway having 4 or more lanes for vehicular traffic shall stop for
the loading or discharging of passengers only on the right side of the
highway. If the highway has 4 or more lanes and permits traffic to operate
in both directions, the school bus shall load or discharge only those
passengers whose residences are located
to the right of the highway.
The routes of school buses shall be so arranged that no child shall be
required to cross a highway of 4 or more lanes
to board a school bus or to reach such child's residence after
leaving the school bus. A school child in an urban area shall cross
a highway only at a crossing for pedestrians, except as provided in paragraph
(b) of this Section.
(b) With respect to school children crossing a highway at other than
a pedestrian crossing, this Section shall not apply when children are
escorted or controlled by competent persons designated by the school
authorities or by police officers.
(Source: P.A. 83-905.)
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(625 ILCS 5/11-1416) (from Ch. 95 1/2, par. 11-1416)
Sec. 11-1416.
Obstructing person in highways.
No person shall wilfully and unnecessarily hinder, obstruct
or delay, or wilfully and unnecessarily attempt to delay,
hinder or obstruct any other person in lawfully driving or traveling
along or upon any highway within this State or offer for
barter or sale merchandise on said highway so as to interfere with the
effective movement of traffic.
(Source: P.A. 80-911.)
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(625 ILCS 5/11-1417) (from Ch. 95 1/2, par. 11-1417)
Sec. 11-1417.
Travel regulated.
It shall be unlawful for any person to drive or cause to be driven a
vehicle of any description in or upon any portion of the highway
immediately after the same has been dragged and before such portion of the
highway shall have partially dried out or frozen; provided, that nothing in
this Section shall apply in those instances where it is impossible to drive
with safety at one side of said dragged portion of the road, or where a
vehicle does not make a rut on such dragged portion of the road, injurious
to the work accomplished by use of the road drag or where a vehicle does
not make a rut nearer than nine (9) feet from the center of the dragged
portion of the road.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1418) (from Ch. 95 1/2, par. 11-1418)
Sec. 11-1418.
Farm tractor operation regulated.
No person shall operate a farm tractor on a highway unless the
tractor
is being used as an implement of husbandry in connection with farming
operations.
For the purpose of this Section, use of a farm tractor as an implement
of husbandry in connection with farming operations shall be deemed to
include use of the tractor in connection with the transportation
of
agricultural products and of farm machinery, equipment and supplies as well
as transportation of the implement of husbandry from its place of purchase to
its place
of storage, in connection with the obtaining of
repairs of the implement of husbandry, and the towing of a
registered
truck not more than 8,000
pounds for use as return transportation after the tractor is left at the
place of work or repair.
(Source: P.A. 87-1028.)
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(625 ILCS 5/11-1419)
Sec. 11-1419. (Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 98-512, eff. 1-1-14.)
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(625 ILCS 5/11-1419.01) (from Ch. 95 1/2, par. 11-1419.01)
Sec. 11-1419.01. Operating without a valid single trip permit. If a single
trip permit is
required by Section 13a.5 of the
Motor Fuel Tax Law, a motor carrier shall not operate in
Illinois without a single
trip permit issued by the Department of Revenue or its agents.
If a
commercial motor vehicle is found operating in Illinois without displaying a
required valid single trip permit, the operator is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(625 ILCS 5/11-1419.02) (from Ch. 95 1/2, par. 11-1419.02)
Sec. 11-1419.02. Failure to display a valid motor fuel use tax license.
(a) If required by Section 13a.4 of the Motor Fuel Tax Law,
every valid motor
fuel use tax license, or an authorized reproduction, shall at all times be
carried in the cab of the vehicle. The operator shall display the license or
reproduction upon
demand of a police officer or agent of the Department of Revenue. An operator
who
fails to display a valid motor fuel use tax license is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
(b) As used in this Section:
"Display" means the
manual surrender of
the motor fuel use tax license into the hands of the demanding officer or agent
for inspection.
"Motor fuel use tax license" means a motor
fuel
use tax license issued by the Department of Revenue or by any member
jurisdiction under
the International Fuel Tax Agreement, or a valid 30 day International Fuel Tax
Agreement temporary permit.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(625 ILCS 5/11-1419.03)
Sec. 11-1419.03. Failure to Display Valid External Motor Fuel Use Tax
Decals.
(a) Except as provided in the Motor Fuel Tax Law, a
motor carrier
shall not operate or cause to be operated a commercial motor vehicle upon
the
highways of this State unless there is properly affixed to that commercial
vehicle 2 valid external motor use tax decals required by
Section 13a.4 of the Motor Fuel Tax Law. An operator who operates a commercial
motor
vehicle without 2 properly displayed valid external motor
fuel use tax decals is guilty of a petty offense as provided in Section 13a.6
of the Motor Fuel Tax Law. A valid 30-day International
Fuel Tax Agreement temporary permit may be displayed instead of decals during
the temporary period specified on the permit.
(b) As used in this Section:
"Properly displayed" means 2
motor fuel use tax decals, one placed on each side of the exterior
of the cab. In the case of transporters, manufacturers,
dealers, or
driveaway operations, the decals need not be permanently
affixed but may be
temporarily displayed in a visible manner on the exterior sides of the cab.
"Commercial motor vehicle" means a motor
vehicle used, designed, or maintained for the transportation of people or
property and either having 2 axles and a gross vehicle weight or registered
gross vehicle weight exceeding 26,000 pounds or 11,793 kilograms, or having
3 or more axles regardless of weight, or that is used in combination, when
the weight of the combination exceeds 26,000 pounds or 11,793 kilograms gross
vehicle weight or registered gross vehicle weight except for motor vehicles
operated by this State or the United States, recreational vehicles, school
buses, and commercial motor vehicles operated solely within this State for
which all motor fuel is purchased within this State.
"Motor carrier" means any
person who operates or causes to be operated any commercial motor vehicle on
any highway within this State.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(625 ILCS 5/11-1419.04)
Sec. 11-1419.04.
Failure to carry a manifest.
Any person who acts as a
motor carrier and who fails to carry a manifest as provided in Section 5.5 of
the Motor Fuel Tax Law is guilty of a Class A misdemeanor. For each subsequent
offense, the person is guilty of a Class 4 felony.
(Source: P.A. 89-399, eff. 8-20-95.)
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(625 ILCS 5/11-1419.05)
Sec. 11-1419.05.
A motor carrier shall not operate or cause to be
operated a commercial motor vehicle upon the highways of this State with a
revoked motor fuel use tax license. Any person who operates a commercial
motor vehicle with a revoked motor fuel use tax license is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
When a commercial motor vehicle is found to be operating in Illinois
with a revoked motor fuel use tax license, the vehicle shall be placed out of
service and not allowed to operate in Illinois until the motor fuel use tax
license is reinstated.
(Source: P.A. 91-173, eff. 1-1-00.)
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(625 ILCS 5/11-1420) (from Ch. 95 1/2, par. 11-1420)
Sec. 11-1420. Funeral processions.
(a) Funeral processions have the right-of-way at intersections when
vehicles comprising such procession have their headlights and hazard lights lighted,
subject
to the following conditions and exceptions:
1. Operators of vehicles in a funeral procession | ||
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2. Operators of vehicles in a funeral procession | ||
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3. The operator of the leading vehicle in a funeral | ||
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(b) The operator of a vehicle not in the funeral procession shall not
drive his vehicle in the funeral procession except when authorized to do so
by a traffic officer or when such vehicle is an authorized emergency
vehicle giving audible or visible signal.
(c) Operators of vehicles not a part of a funeral procession may not
form a procession or convoy and have their headlights or hazard lights or both lighted
for the
purpose of securing the right-of-way granted by this Section to funeral
processions.
(d) The operator of a vehicle not in a funeral procession may overtake
and pass the vehicles in such procession if such overtaking and passing can
be accomplished without causing a traffic hazard or interfering with such
procession.
(e) The lead vehicle in the funeral procession may be equipped with a
flashing amber light which may be used only when such vehicle is used as a
lead vehicle in such procession. Vehicles comprising a funeral procession
may utilize funeral pennants or flags or windshield stickers or flashing
hazard warning signal flashers to identify
the individual vehicles in such a procession.
(f) In the absence of law enforcement traffic control assistance for a funeral procession, a funeral director or his or her designee may direct
traffic during a funeral procession. (Source: P.A. 96-859, eff. 1-12-10.)
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(625 ILCS 5/11-1421) (from Ch. 95 1/2, par. 11-1421)
Sec. 11-1421. Conditions for operating ambulances and rescue vehicles.
(a) No person shall operate an ambulance or rescue vehicle
in a manner not conforming to the motor vehicle laws
and regulations of this State or of any political subdivision of this State
as such laws and regulations apply to motor vehicles in
general, unless in compliance with the following conditions:
0.5. The operator of the ambulance or rescue vehicle | ||
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1. The person operating the ambulance shall be | ||
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2. The ambulance or rescue vehicle shall be equipped | ||
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3. The aforesaid siren and lamp or lamps shall be in | ||
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4. Whenever the ambulance or rescue vehicle is | ||
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5. The ambulance shall display registration plates | ||
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(a-5) The driver of an ambulance or rescue vehicle may proceed past a red traffic control signal or stop sign if the ambulance or rescue vehicle is making use of both the audible and visual signals meeting the requirement of this Section, but only after slowing down as necessary for safe operation. (b) The foregoing provisions do not relieve the driver of an ambulance
or rescue vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the consequences
resulting from the reckless disregard for the safety of others.
(Source: P.A. 103-484, eff. 1-1-24.)
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(625 ILCS 5/11-1422) (from Ch. 95 1/2, par. 11-1422)
Sec. 11-1422.
Illegal operation of an ambulance or rescue vehicle
- Penalty. A person who operates an ambulance or rescue vehicle
in violation of Section 11-1421 shall be subject to the
penalty prescribed by the applicable law, regulation or ordinance
of this State or any political subdivision thereof.
(Source: P.A. 83-831.)
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(625 ILCS 5/11-1423) (from Ch. 95 1/2, par. 11-1423)
Sec. 11-1423.
Passengers boarding or exiting a school bus.
(a) At all pick-up points where it is necessary for a school bus
passenger to cross the roadway to board the bus, the school bus driver
shall signal the awaiting passenger when it is safe to cross the roadway
ahead of the bus.
(b) At all discharge points where it is necessary for a school bus
passenger to cross the roadway, the school bus driver shall direct the
passenger to a point approximately 10 feet in front of the bus on the
shoulder and shall then signal the passenger when it is safe to cross the
roadway.
(Source: P.A. 78-1244.)
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(625 ILCS 5/11-1424) (from Ch. 95 1/2, par. 11-1424)
Sec. 11-1424.
Operation of a religious organization bus.
(a) No religious organization bus may be operated on any street or highway
unless all passengers, except for supervisory personnel, are seated in
seats permanently mounted to the vehicle, and the aisle of the bus is
kept clean and open.
(b) No religious organization bus may be operated on any street or
highway while carrying more than the manufacturer's rated passenger capacity
for such bus, or at a gross weight in excess of the chassis manufacturer's
gross
vehicle weight rating (GVWR) or gross axle weight rating (GAWR), or in
excess of the weight load ratings of the tires on such bus. For buses
or tires on which the manufacturer has not shown such ratings, by a
label, embossment, molding or equivalent means, the Department shall
provide, or assist in obtaining, the necessary ratings and may publish
such ratings.
(c) In loading or unloading passengers, the religious organization
bus driver shall stop the bus out of the lane of moving traffic at any
bus stop, officially designated as such by government authorities or in
a parking lane on the pavement of the highway or on the shoulder off of
the highway, if wide enough to permit the safe loading or unloading of
passengers. If, however, there is no such bus stop, parking lane or
shoulder within 50 feet of the residence or temporary residence of the
passenger transported or to be transported by the bus or within 50 feet
of the religious facility, the driver may stop the bus on the pavement
of the highway after activating unison amber warning lights for not
less than 200 feet before the bus is brought to a stop and while
passengers are being loaded or unloaded, or if the bus is equipped as a
school bus and meets the requirements of Article VIII of this Act, by
complying with the subsections (b), (c) and (d) of Section 11-1414.
(d) At all pickup points where it is necessary for a religious
organization bus passenger under the age of 12 years to cross the
roadway to board the bus, a responsible supervisor on the bus shall
personally escort the awaiting passenger when it is safe to cross the
roadway ahead of the bus.
(e) At all discharge points where it is necessary for a religious
organization bus passenger under the age of 12 to cross the roadway, a
responsible supervisor on the bus shall personally escort the passenger
to a point approximately 10 feet in front of the bus on the shoulder and
then, when it is safe to cross the roadway, across the roadway to a
place of safety.
(f) If a school bus is used by a religious organization bus for the
purposes specified in subsection (a) of Section 1-111.1a and
activates
the visual signals as required by subsections (b), (c) and (d) of
Section 11-1414 when picking up or discharging passengers, compliance
with subsections (d) and (e) of this Section is optional.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
Sec. 11-1425. Stop when traffic obstructed.
(a) No driver shall enter an
intersection or a marked crosswalk or drive onto any railroad grade
crossing unless there is sufficient space on the other side of the
intersection, crosswalk or railroad grade crossing to accommodate the
vehicle he is operating without obstructing the passage of other
vehicles, pedestrians or railroad trains notwithstanding any
traffic-control signal indication to proceed.
(b) No driver shall enter a highway rail grade crossing unless there is
sufficient space on
the other side of the highway rail grade crossing to accommodate the vehicle
being
operated without obstructing the passage of a train or other railroad equipment
using the
rails, notwithstanding any traffic-control signal indication to proceed.
(b-5) No driver operating a commercial motor vehicle, as defined in Section 6-500 of this Code, shall enter a highway rail grade crossing unless there is sufficient space on the other side of the highway rail grade crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails, notwithstanding any traffic-control signal indication to proceed. (c) (Blank).
(d) Beginning with the effective date of this amendatory Act of the 95th General Assembly,
the Secretary of State shall suspend for a period of one month
the driving
privileges of any person convicted of a violation of subsection (b) of this
Section or a similar provision of a local ordinance; the Secretary shall
suspend for a period of 3 months the driving privileges of any person convicted
of a second or subsequent violation of subsection (b) of this Section or a
similar provision of a local ordinance if the second or subsequent violation
occurs within 5 years of a prior conviction for the same offense. In addition
to the suspensions authorized by this Section, any person convicted of
violating subsection (b) of this Section or a similar provision of a local ordinance
shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating subsection (b) of this Section or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent
violation, in addition to the suspensions authorized by this Section, the person shall be subject to a mandatory fine of $500 and 50 hours community service.
The Secretary may also grant, for the duration of any
suspension issued under this subsection, a restricted driving permit
granting the privilege of driving a motor vehicle between the driver's
residence and place of employment or within other proper limits that the
Secretary of State shall find necessary to avoid any undue hardship. A
restricted driving permit issued hereunder shall be subject to
cancellation, revocation and suspension by the Secretary of State in like
manner and for like cause as a driver's license may be cancelled, revoked
or suspended; except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension or cancellation of the
restricted driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the applicant to
participate in a designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be included as an
offense for the purposes of determining suspension action under any other
provision of this Code, provided however, that the penalties provided under
this subsection shall be imposed unless those penalties imposed under other
applicable provisions are greater.
(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/11-1426)
Sec. 11-1426. (Repealed).
(Source: P.A. 95-575, eff. 8-31-07. Repealed by P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1426.1) Sec. 11-1426.1. Operation of non-highway vehicles on streets, roads, and highways. (a) As used in this Section, "non-highway vehicle" means a motor vehicle not specifically designed to be used on a public highway, including: (1) an all-terrain vehicle, as defined by Section | ||
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(2) a golf cart, as defined by Section 1-123.9; (3) an off-highway motorcycle, as defined by Section | ||
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(4) a recreational off-highway vehicle, as defined by | ||
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(b) Except as otherwise provided in this Section, it is unlawful
for any person to drive or operate a non-highway vehicle
upon any street, highway, or roadway in this State. If the operation of a non-highway vehicle is authorized under subsection (d), the non-highway vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less. This subsection (b) does not prohibit a non-highway vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (b-5) A person may not operate a non-highway vehicle upon any street, highway, or roadway in this State unless he or she has a valid driver's license issued in his or her name by the Secretary of State or by a foreign jurisdiction. (c) No person operating a non-highway vehicle shall make a direct crossing upon or across any tollroad,
interstate highway, or controlled access highway in this State. No person operating a non-highway vehicle shall make a direct crossing upon or across any other highway under the jurisdiction of the State except at an intersection of the highway with another public street, road, or highway. (c-5) (Blank). (d) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of non-highway vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. The Department may authorize
the operation of non-highway vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. The unit of local government or the Department may restrict the types of non-highway vehicles that are authorized to be used on its streets. Before permitting the operation of non-highway vehicles on its roadways,
a municipality, township, county, other unit of local government, or the Department must consider the volume, speed, and character of traffic on the roadway and determine whether non-highway vehicles may safely travel on or cross the roadway. Upon determining that non-highway vehicles may safely operate on a roadway and the adoption of an ordinance or resolution by a municipality, township, county, or other unit of local government, or authorization by the Department, appropriate signs shall be posted. If a roadway is under the jurisdiction of more than one unit of government, non-highway vehicles may not be operated on the roadway unless each
unit of government agrees and takes action as provided in this subsection. (e) No non-highway vehicle may be operated on a roadway unless, at a minimum, it has
the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem (as required of other vehicles in Section 12-709 of this Code) on the rear of the non-highway vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a
red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a roadway, a non-highway vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code. (f) A person who drives or is in actual physical control of a non-highway vehicle on a roadway while under the influence is subject to Sections 11-500 through 11-502 of this Code. (g) Any person who operates a non-highway vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code. (h) It shall not be unlawful for any person to drive or operate a non-highway vehicle, as defined in paragraphs (1) and (4) of subsection (a) of this Section, on a county roadway or township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land. Non-highway vehicles, as used in this subsection (h), shall not be subject to subsections (e) and (g) of this Section. However, if the non-highway vehicle, as used in this Section, is not covered under a motor vehicle insurance policy pursuant to subsection (g) of this Section, the vehicle must be covered under a farm, home, or non-highway vehicle insurance policy issued with coverage amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of this Code. Non-highway vehicles operated on a county or township roadway at any time between one-half hour before sunset and one-half hour after sunrise must be equipped with head lamps and tail lamps, and the head lamps and tail lamps must be lighted. Non-highway vehicles, as used in this subsection (h), shall not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State. Non-highway vehicles, as used in this subsection (h), shall be allowed to cross a State highway, municipal street, county highway, or road district highway if the operator of the non-highway vehicle makes a direct crossing provided: (1) the crossing is made at an angle of approximately | ||
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(2) the non-highway vehicle is brought to a complete | ||
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(3) the operator of the non-highway vehicle yields | ||
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(4) that when crossing a divided highway, the | ||
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(i) No action taken by a unit of local government under this Section designates the operation of a non-highway vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.) |
(625 ILCS 5/11-1426.2) Sec. 11-1426.2. Operation of low-speed vehicles on streets. (a) Except as otherwise provided in this Section, it is lawful for any person to drive or operate a low-speed vehicle upon any street in this State where the posted speed limit is 30 miles per hour or less. (b) Low-speed vehicles may cross a street at an intersection where the street being crossed has a posted speed limit of not more than 45 miles per hour. Low-speed vehicles may not cross a street with a speed limit in excess of 45 miles per hour unless the crossing is at an intersection controlled by a traffic light or 4-way stop sign. (c) The Department of Transportation or a municipality, township, county, or other unit of local government may prohibit, by regulation, ordinance, or resolution, the operation of low-speed vehicles on streets under its jurisdiction where the posted speed limit is 30 miles per hour or less if the Department of Transportation or unit of local government determines that the public safety would be jeopardized. (d) Upon determining that low-speed vehicles may not safely operate on a street, and upon the adoption of an ordinance or resolution by a unit of local government, or regulation by the Department of Transportation, the operation of low-speed vehicles may be prohibited. The unit of local government or the Department of Transportation may prohibit the operation of low-speed vehicles on any and all streets under its jurisdiction. Appropriate signs shall be posted in conformance with the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 11-301 of this Code. (e) If a street is under the jurisdiction of more than one unit of local government, or under the jurisdiction of the Department of Transportation and one or more units of local government, low-speed vehicles may be operated on the street unless each unit of local government and the Department of Transportation agree and take action to prohibit such operation as provided in this Section. (e-5) A unit of local government may, by ordinance or resolution, authorize the operation of low-speed vehicles on one or more streets under its jurisdiction that have a speed limit of more than 30 miles per hour but not greater than 35 miles per hour. Before authorizing the operation of low-speed vehicles on any street under this subsection (e-5), the unit of local government must consider the volume, speed, and character of traffic on the street and determine whether low-speed vehicles may travel safely on that street. If a street is under the jurisdiction of more than one unit of government, low-speed vehicles may not be operated on the street under this subsection (e-5) unless each unit of government agrees and takes action as provided in this subsection. Upon the adoption of an ordinance authorizing low-speed vehicles under this subsection (e-5), appropriate signs shall be posted. (f) No low-speed vehicle may be operated on any street unless, at a minimum, it has the following: a parking brake, a steering apparatus, tires, a windshield that conforms to the federal vehicle safety standards on glazing materials as set forth in 49 CFR part 571.205, a vehicle identification number, seat belts, a rearview mirror, an exterior rearview mirror mounted on the driver's side of the vehicle, red reflectorized warning devices on each rear side and one on the center rear of the vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and front and rear turn signals. When operated on a street, a low-speed vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code. (g) A person may not operate a low-speed vehicle upon any street in this State unless he or she has a valid driver's license issued in his or her name by the Secretary of State or a foreign jurisdiction. (h) The operation of a low-speed vehicle upon any street is subject to the provisions of Chapter 11 of this Code concerning the Rules of the Road, and applicable local ordinances. (i) Every owner of a low-speed vehicle is subject to the mandatory insurance requirements specified in Article VI of Chapter 7 of this Code. (j) Any person engaged in the retail sale of low-speed vehicles are required to comply with the motor vehicle dealer licensing, registration, and bonding laws of this State, as specified in Sections 5-101 and 5-102 of this Code. (k) No action taken by a unit of local government under this Section designates the operation of a low-speed vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (l) Every owner of a low-speed vehicle which may be operated upon a highway shall secure a certificate of title and display valid registration. (Source: P.A. 99-401, eff. 1-1-16.) |
(625 ILCS 5/11-1427)
Sec. 11-1427.
Illegal operation of an all-terrain vehicle
or off-highway motorcycle. It is unlawful for any person to drive
or operate any all-terrain vehicle or off-highway motorcycle in the following
ways:
(a) Careless Operation. No person shall operate any all-terrain vehicle
or off-highway motorcycle in a careless or heedless manner so as to be
grossly indifferent to the person or property of other persons, or at a
rate of speed greater than will permit him in the exercise of reasonable
care to bring the all-terrain vehicle or off-highway motorcycle to a stop
within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any all-terrain vehicle
or off-highway motorcycle in such a manner as to endanger the life, limb or
property of any person.
(c) Within any nature preserve as defined in Section 3.11 of the
Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating railroad.
(e) In any tree nursery or planting in a manner which damages or
destroys growing stock, or creates a substantial risk thereto.
(f) On private property, without the written or verbal consent of the
owner or lessee thereof. Any person operating an all-terrain vehicle or off-highway
motorcycle upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if requested to do
so by the landowner shall promptly remove the all-terrain vehicle or
off-highway motorcycle from the premises.
(g) Notwithstanding any other law to the contrary, an owner, lessee,
or occupant of premises owes no duty of care to keep
the premises safe for entry or use by others for use by an all-terrain
vehicle or off-highway motorcycle, or to
give warning of any condition, use, structure or activity
on such premises.
This subsection does not apply where permission to drive or operate an
all-terrain vehicle or off-highway motorcycle
is given for a valuable consideration other than to this
State, any political subdivision or municipality of this State, or any
landowner
who is paid with funds from the Off-Highway Vehicle Trails Fund. In
the case of land leased to the State or a subdivision of the State, any
consideration received is not valuable consideration within the meaning of
this Section.
Nothing in this subsection limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
(h) On publicly owned lands unless such lands are designated for use by
all-terrain vehicles or off-highway motorcycles.
For publicly owned lands to be designated for use by all-terrain vehicles
or off-highway motorcycles a public hearing shall be conducted by the
governmental entity that has jurisdiction over the proposed land
prior to the designation.
Nothing in this subsection limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
(h-1) At a rate of speed too fast for conditions, and the fact that the
speed of the all-terrain vehicle or off-highway motorcycle does not exceed the
applicable maximum speed
limit allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person, vehicle,
or object within legal requirements and the duty of all persons to use
due care.
(h-2) On the frozen surface of public waters of this State within 100
feet of a person, including a skater, not in or upon an
all-terrain vehicle or off-highway motorcycle; within
100 feet of a person engaged in fishing, except at the minimum speed
required to maintain forward movement of the all-terrain vehicle or off-highway
motorcycle; on an area
which has been cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
(h-3) Within 100 feet of a dwelling between midnight and 6 a.m. at a
speed greater than the minimum required to maintain forward movement of
the all-terrain vehicle or off-highway motorcycle. This subdivision (h-5) does
not
apply on private property
where verbal or written consent of the owner or lessee has been granted
to drive or operate an all-terrain vehicle or off-highway motorcycle upon the
private property or frozen waters of this State.
(i) Other Prohibitions.
(1) No person, except persons permitted by law, shall | ||
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(2) No person shall operate any all-terrain vehicle | ||
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(3) No person shall deposit from an all-terrain | ||
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(Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.1)
Sec. 11-1427.1.
Operation of an all-terrain vehicle or off-highway
motorcycle on ice. All-terrain vehicles and off-highway motorcycles
may be operated on the frozen waters of this State subject
to the provisions of this Section and the rules of the
Department of Natural Resources.
(Source: P.A. 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.2)
Sec. 11-1427.2.
Special all-terrain vehicle or off-highway motorcycle
event. Nothing contained in Section 11-1427 or 11-1427.1 shall be
construed to
prohibit any
local authority of this State from designating a special all-terrain vehicle or
off-highway motorcycle event.
In such case the provisions of Sections 11-1427 and 11-1427.1 shall
not apply
to
areas or
highways under the jurisdiction of that local authority.
(Source: P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1427.3)
Sec. 11-1427.3. Rules for all-terrain vehicles and off-highway
motorcycles.
The Department of Natural Resources may adopt rules to implement and
administer the provisions of Sections 11-1427, 11-1427.1, and
11-1427.2.
(Source: P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1427.4)
Sec. 11-1427.4.
Signal from officer to stop.
An all-terrain vehicle or
off-highway motorcycle operator, after having received a visual or audible
signal from a law enforcement officer to come to a stop, may not:
(1) operate an all-terrain vehicle or off-highway motorcycle in willful or
wanton disregard of the signal to stop;
(2) interfere with or endanger the law enforcement officer or another person
or vehicle; or
(3) increase speed or attempt to flee or elude the officer.
(Source: P.A. 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.5)
Sec. 11-1427.5. Recreational off-highway vehicles. All provisions of this Code that apply to an all-terrain vehicle shall apply the same to a recreational off-highway vehicle.
(Source: P.A. 96-428, eff. 8-13-09.) |
(625 ILCS 5/11-1428)
Sec. 11-1428. (Repealed).
(Source: P.A. 90-683, eff. 1-1-99. Repealed by P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1429) Sec. 11-1429. Excessive idling. (a) The purpose of this law is to protect public health and the environment by reducing emissions while conserving fuel and maintaining adequate rest and safety of all drivers of diesel vehicles. (b) As used in this Section, "affected areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and Monroe and the townships of Aux Sable and Goose Lake in Grundy County and the township of Oswego in Kendall County. (c) A person that operates a motor
vehicle operating on diesel fuel in an affected area may not cause or allow the
motor vehicle, when it is not in motion, to idle for more than
a total of 10 minutes within any 60 minute period, except under the following circumstances:
(1) the motor vehicle has a Gross Vehicle Weight | ||
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(2) the motor vehicle idles while forced to remain | ||
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(3) the motor vehicle idles when operating | ||
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(4) a police, fire, ambulance, public safety, other | ||
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(5) the primary propulsion engine idles for | ||
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(6) a motor vehicle idles as part of a government | ||
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(7) when idling of the motor vehicle is required to | ||
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(8) an armored motor vehicle idles when a person | ||
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(9) a bus idles a maximum of 15 minutes in any 60 | ||
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(10) if the motor vehicle has a sleeping berth, when | ||
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(11) when the motor vehicle idles due to mechanical | ||
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(12) the motor vehicle is used as airport ground | ||
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(13) the motor vehicle is (i) a bus owned by a public | ||
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(14) the motor vehicle is an implement of husbandry | ||
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(15) the motor vehicle is owned by an electric | ||
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(16) the outdoor temperature is less than 32 degrees | ||
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(17) the motor vehicle idles while being operated by | ||
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(d) When the outdoor temperature is 32 degrees Fahrenheit or higher and 80 degrees Fahrenheit or lower, a person who operates a motor vehicle operating on diesel fuel in an affected area may not cause or allow the motor vehicle to idle for a period greater than 30 minutes in any 60 minute period while waiting to weigh, load, or unload cargo or freight, unless the vehicle is in a line of vehicles that regularly and periodically moves forward.
(e) This Section does not prohibit the operation of an auxiliary power unit or generator set as an alternative to idling the main engine of a motor vehicle operating on diesel fuel.
(f) This Section does not apply to the owner of a motor vehicle rented or leased to another entity or person operating the vehicle. (g) Any person convicted of any violation of this Section is guilty of
a petty offense and shall be fined $90 for the first
conviction and $500 for a second or subsequent conviction
within any 12 month period.
(h) Fines; distribution. All fines and all penalties collected under this Section shall be deposited in the State Treasury and shall be distributed as follows: (i) $50 for the first conviction and $150 for a second or subsequent conviction within any 12 month period under this Section shall be deposited into the State's General Revenue Fund; (ii) $20 for the first conviction and $262.50 for a second or subsequent conviction within any 12 month period under this Section shall be distributed to the law enforcement agency that issued the citation; and (iii) $20 for the first conviction and $87.50 for a second or subsequent conviction within any 12 month period under this Section shall be deposited into the Vehicle Inspection Fund. (i) (Blank). (j) Notwithstanding any other provision of this Section, a person who operates a motor vehicle with a gross vehicle weight rating of 8,000 pounds or more operating on diesel fuel on property that (i) offers paid parking services to vehicle owners, (ii) does not involve fuel dispensing, and (iii) is located in an affected area within a county of over 3 million residents but outside of a municipality of over 2 million residents may not cause or allow the motor vehicle, when it is not in motion, to idle for more than a total of 10 minutes within any 60-minute period under any circumstances if the vehicle is within 200 feet of a residential area. This Section may be enforced by either the law enforcement agency having jurisdiction over the residential area or the law enforcement agency having jurisdiction over the property on which the violation took place. This subsection does not apply to: (1) school buses; (2) waste hauling vehicles; (3) facilities operated by the Department of | ||
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(4) vehicles owned by a public utility and operated | ||
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(5) ambulances.(Source: P.A. 101-319, eff. 1-1-20; 102-1071, eff. 6-10-22.) |
(625 ILCS 5/11-1430) Sec. 11-1430. Vehicle immobilization and impoundment upon certification of the Department of Healthcare and Family Services. Any municipality may provide by ordinance for a program of vehicle immobilization and impoundment in cases in which the Department of Healthcare and Family Services has certified to the municipality under Section 10-17.13 of the Illinois Public Aid Code that the registered owner of a vehicle owes past due support. The program shall provide for immobilization of any eligible vehicle upon the public way by presence of a restraint in a manner to prevent operation of the vehicle and for subsequent towing and impoundment of such vehicle solely upon the certification of past due support by the Department of Healthcare and Family Services. Further process, hearings, or redetermination of the past due support by the municipality shall not be required under the ordinance. The ordinance shall provide that the municipality may terminate immobilization and impoundment of the vehicle if the registered owner has arranged for payment of past and current support obligations in a manner satisfactory to the Department of Healthcare and Family Services.
(Source: P.A. 95-685, eff. 10-23-07.) |
(625 ILCS 5/11-1430.1) Sec. 11-1430.1. Vehicle immobilization for failure to pay municipal vehicle tax violation liability. (a) A municipality may provide by ordinance for a program of vehicle immobilization to facilitate enforcement of municipal vehicle tax liability. The program of vehicle immobilization shall provide for immobilizing an eligible vehicle upon the public way by presence of a restraint in a manner to prevent operation of the vehicle. An ordinance establishing a program of vehicle immobilization under this Section shall include the following provisions: (1) A vehicle shall be eligible for immobilization | ||
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(2) The vehicle owner shall be provided with notice | ||
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(3) The vehicle owner shall have the right to a | ||
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(4) A post-immobilization and post-towing notice | ||
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(b) Judicial review of final determinations of vehicle tax violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made under this Section shall be subject to the Administrative Review Law. (c) A fine, penalty, or part thereof, remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies and the conclusion of judicial review procedures shall be a debt due and owing the municipality and, as such, may be collected in accordance with applicable law. Payment in full of any fine or penalty resulting from a vehicle tax violation shall constitute a final disposition of that violation.
(Source: P.A. 97-937, eff. 8-10-12.) |
(625 ILCS 5/11-1431) Sec. 11-1431. Solicitations at crash or disablement scene prohibited. (a) A tower, as defined by Section 1-205.2 of this Code, or an employee or agent of a tower may not: (i) stop at the scene of a motor vehicle crash or at or near a damaged or disabled vehicle for the purpose of soliciting the owner or operator of the damaged or disabled vehicle to enter into a towing service transaction; or (ii) stop at the scene of a crash or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, a local agency having jurisdiction over the highway, the
owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including his or her insurer or motor club of which the owner or operator is a member. This Section shall not apply to employees of the Department, the Illinois State Toll Highway Authority, or local agencies when engaged in their official duties. Nothing in this Section shall prevent a tower from stopping at the scene of a motor vehicle crash or at or near a
damaged or disabled vehicle if the owner or operator signals the tower for assistance from the location of the motor vehicle crash or damaged or disabled vehicle.
(b) A person or company who violates this Section is guilty of a Class 4 felony. A person convicted of violating this Section shall also have his or her driver's license, permit, or privileges suspended for 3 months. After the expiration of the 3-month suspension, the person's driver's license, permit, or privileges shall not be reinstated until he or she has paid a reinstatement fee of $100. If a person violates this Section while his or her driver's license, permit, or privileges are suspended under this subsection (b), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months, and shall not be reinstated after the expiration of the 6-month suspension until he or she pays a reinstatement fee of $100. A vehicle owner, or his or her authorized agent or automobile insurer, may bring a claim against a company or person who willfully and materially violates this Section. A court may award the prevailing party reasonable attorney's fees, costs, and expenses relating to that action.(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-1432) Sec. 11-1432. Prohibit smoking in a motor vehicle with a minor present. (a) For purposes of this Section: "Smoke" means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance. "Vehicle" has the same meaning as defined in Section 1-217 of this Code and does not include motorcycles as defined in Section 1-147. (b) A person shall not smoke in a motor vehicle, whether it is in motion or at rest, if a person under 18 years of age is in the vehicle, regardless of whether the vehicle's windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle. (c) A police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this Section. (d) A violation of this Section is a petty offense punishable by a fine not to exceed $100 and, for a second or subsequent offense, a fine not to exceed $250.
(Source: P.A. 101-468, eff. 6-1-20.) |
(625 ILCS 5/Ch. 11 Art. XV heading) ARTICLE XV.
BICYCLES
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(625 ILCS 5/11-1501) (from Ch. 95 1/2, par. 11-1501)
Sec. 11-1501.
Application of rules.
(a) It is unlawful for any person to
do any act forbidden or fail to perform any act required in Article XV of
Chapter 11 of this Code.
(b) The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any such child or ward to violate any of
the provisions of this Code.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1502) (from Ch. 95 1/2, par. 11-1502)
Sec. 11-1502. Traffic laws apply to persons riding
bicycles. Every person riding a bicycle upon a highway shall be
granted all of the rights, including, but not limited to, rights under Article IX of this Chapter, and shall be subject to all of
the duties applicable to the driver of a vehicle by this
Code, except as to special regulations in this Article XV
and those provisions of this Code which by their
nature can have no application.
(Source: P.A. 99-785, eff. 1-1-17.)
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(625 ILCS 5/11-1503) (from Ch. 95 1/2, par. 11-1503)
Sec. 11-1503.
Riding on bicycles.
(a) A person propelling a bicycle
shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped, except that an adult rider
may carry a child securely attached to his person in a back pack or sling.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1504) (from Ch. 95 1/2, par. 11-1504)
Sec. 11-1504.
Clinging to vehicles.
No person riding upon any bicycle,
coaster, roller skates,
sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1505) (from Ch. 95 1/2, par. 11-1505)
Sec. 11-1505. Position of bicycles and motorized pedal cycles on
roadways - Riding on roadways and bicycle paths.
(a) Any person operating a bicycle or motorized
pedal cycle upon a
roadway at less than the normal speed of traffic at the time and place and
under the conditions
then existing
shall ride as close as practicable and safe to the right-hand curb or edge of the
roadway except under the following situations:
1. When overtaking and passing another bicycle, | ||
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2. When preparing for a left turn at an intersection | ||
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3. When reasonably necessary to avoid conditions | ||
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4. When approaching a place where a right turn is | ||
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(b) Any person operating a bicycle or motorized pedal cycle upon a one-way
highway with two or
more marked traffic lanes may ride as near the left-hand curb or edge of
such roadway as practicable.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/11-1505.1) (from Ch. 95 1/2, par. 11-1505.1)
Sec. 11-1505.1.
Persons riding bicycles or motorized pedal cycles upon
a roadway shall not ride more than 2 abreast, except on paths or parts of
roadways set aside for their exclusive use. Persons riding 2 abreast shall
not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane subject to the provisions of
Section 11-1505.
(Source: P.A. 83-549.)
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(625 ILCS 5/11-1506) (from Ch. 95 1/2, par. 11-1506)
Sec. 11-1506.
Carrying articles.
No person operating a bicycle shall
carry any package,
bundle or article which prevents the use of both hands in the control
and operation of the bicycle. A person operating a bicycle shall keep at
least one hand on the handlebars at all times.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1507) (from Ch. 95 1/2, par. 11-1507)
Sec. 11-1507. Lamps and other equipment on bicycles. (a) Every bicycle
when in use at nighttime shall be equipped with a
lamp on the front which shall emit a white light visible from a distance
of at least 500 feet to the front and with a red reflector on the rear
of a type approved by the Department which shall be visible from all
distances from 100 feet to 600 feet to the rear when directly in front
of lawful lower beams of headlamps on a motor vehicle, except that a lamp emitting
a steady or flashing red light visible from a distance of 500 feet to the rear may be used
in addition to or instead of the red reflector.
(b) A bicycle shall not be equipped with nor shall any person use
upon a bicycle any siren. This subsection (b) does not apply to a bicycle that is a police vehicle or fire department vehicle.
(c) Every bicycle shall be equipped with a brake which will
adequately control movement of and stop and hold such bicycle.
(d) No person shall sell a new bicycle or pedal for use on a bicycle
that is not equipped with a reflex reflector conforming to
specifications prescribed by the Department, on each pedal, visible from
the front and rear of the bicycle during darkness from a distance of 200
feet.
(e) No person shall sell or offer for sale a new bicycle that is not
equipped with side reflectors. Such reflectors shall be visible from
each side of the bicycle from a distance of 500 feet and shall be essentially
colorless or red to
the rear of the center of the bicycle and essentially colorless or amber
to the front of the
center of the bicycle provided. The requirements of this paragraph may
be met by reflective materials which shall be at least 3/16 of an inch
wide on each side of each tire or rim to indicate as clearly as possible
the continuous circular shape and size of the tires or rims of such
bicycle and which reflective materials may be of the same color on both
the front and rear tire or rim. Such reflectors shall conform to
specifications prescribed by the Department.
(f) No person shall sell or offer for sale a new bicycle that is not
equipped with an essentially colorless front-facing reflector.
(Source: P.A. 100-359, eff. 1-1-18.)
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(625 ILCS 5/11-1507.1) (from Ch. 95 1/2, par. 11-1507.1)
Sec. 11-1507.1. Lamps on mopeds. Every moped, when in use at nighttime, shall be equipped with a lamp on
the front which shall emit a white light visible from a distance of at
least 500 feet to the front, and with a red reflector on the rear of a
type approved by the Department which shall be visible from all
distances from 100 feet to 600 feet to the rear when in front of lawful,
low-powered beams of head lamps on a motor vehicle. A lamp emitting a
red light visible from a distance of 500 feet to the rear may be used in
addition to the red reflector.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1508) (from Ch. 95 1/2, par. 11-1508)
Sec. 11-1508.
Bicycle identifying number.
A person engaged in the business
of selling bicycles at retail shall not sell any bicycle unless the bicycle
has an identifying number permanently stamped or cast on its frame.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1509) (from Ch. 95 1/2, par. 11-1509)
Sec. 11-1509.
Inspecting bicycles.
A uniformed police officer may at
any time upon reasonable cause to believe that a bicycle is unsafe or not
equipped as required by law, or that its equipment is not in proper adjustment
or repair, require the person riding the bicycle to stop and submit the
bicycle to an inspection and such test with reference thereto as may be appropriate.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1510) (from Ch. 95 1/2, par. 11-1510)
Sec. 11-1510. Left Turns. (a) A person riding a bicycle or moped intending to turn left shall follow a course described in
Section 11-801 or in paragraph (b) of this Section.
(b) A person riding a bicycle or moped intending to turn
left shall approach the
turn as close as practicable to the right curb or edge of the roadway.
After proceeding across the intersecting roadway to the far corner of the
curb or intersection of the roadway edges, the bicyclist or moped driver shall stop, as much as practicable out of the way of
traffic. After stopping the person shall yield to any traffic proceeding
in either direction along the roadway such person had been using. After
yielding, the bicycle or moped driver
shall comply with any official
traffic control device or police officer regulating traffic on the highway
along which he intends to proceed, and the bicyclist or moped
driver may proceed in the new direction.
(c) Notwithstanding the foregoing provisions, the Department
and local authorities in their respective jurisdictions may cause official
traffic-control devices to be placed and thereby require and direct that
a specific course be traveled by turning bicycles and moped,
and when such devices are so placed, no person shall turn a bicycle or
moped other than as directed and required by such devices.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1511) (from Ch. 95 1/2, par. 11-1511)
Sec. 11-1511.
Turn and stop signals.
(a) Except as provided in this Section,
a person riding a bicycle shall comply with Section 11-804.
(b) A signal of intention to turn right or left when required shall be
given during not less than the last 100 feet traveled by the bicycle before
turning, and shall be given while the bicycle is stopped waiting to turn.
A signal by hand and arm need not be given continuously if the hand is needed
in the control or operation of the bicycle.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1512) (from Ch. 95 1/2, par. 11-1512)
Sec. 11-1512.
Bicycles on sidewalks.
(a) A person propelling a bicycle
upon and along a sidewalk, or across a roadway upon and along a crosswalk,
shall yield the right of way to any pedestrian and shall give audible signal
before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across
a roadway upon and along a crosswalk, where such use of bicycles is prohibited
by official traffic-control devices.
(c) A person propelling a bicycle upon and along a sidewalk, or across
a roadway upon and along a crosswalk, shall have all the rights and duties
applicable to a pedestrian under the same circumstances.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1513) (from Ch. 95 1/2, par. 11-1513)
Sec. 11-1513.
Bicycle parking.
(a) A person may park a bicycle on
a sidewalk unless prohibited or restricted by an official traffic-control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable
movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or
edge of the roadway at any location where parking is allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle
or bicycles near the side of the roadway at any location where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as
to obstruct the movement of a legally parked motor vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall
conform with the provisions of this Code regulating the parking of vehicles.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1514) (from Ch. 95 1/2, par. 11-1514)
Sec. 11-1514.
Bicycle racing.
(a) Bicycle racing on a highway shall
not be unlawful when a racing event has been approved by State or local
authorities on any highway under their respective jurisdictions. Approval
of bicycle highway racing events shall be granted only under conditions
which assure reasonable safety for all race participants, spectators and
other highways users, and which prevent unreasonable interference with traffic
flow which would seriously inconvenience other highway users.
(b) By agreement with the approving authority, participants in an approved
bicycle highway racing event may be exempted from compliance with any traffic
laws otherwise applicable thereto, provided that traffic control is adequate
to assure the safety of all highway users.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1515) (from Ch. 95 1/2, par. 11-1515)
Sec. 11-1515.
No person, firm, or corporation shall operate a
commercial bicycle messenger service in a city with a population of more
than 2,000,000 unless the bicycles used are covered by a liability
insurance policy at the expense of the person, firm, or corporation. The
insurance policy shall be issued in amounts no less than the minimum
amounts set for bodily injury or death and for destruction of property
under Section 7-203 of this Code. No insurer other than an insurer
authorized to do business in this State shall issue a policy under this
Section.
(Source: P.A. 87-1203.)
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(625 ILCS 5/11-1516) Sec. 11-1516. Low-speed gas bicycles. (a) A person may operate a low-speed gas bicycle only if the person is at least 16 years of age. (b) A person may not operate a low-speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. (c) A person may not operate a low-speed gas bicycle on a sidewalk. (d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low-speed gas bicycles.
(Source: P.A. 100-209, eff. 1-1-18.) |
(625 ILCS 5/11-1517) Sec. 11-1517. Low-speed electric bicycles. (a) Except as otherwise provided in this Section, the provisions of this Chapter that apply to bicycles also apply to low-speed electric bicycles. (b) Each low-speed electric bicycle operating in this State shall comply with equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission under 16 CFR 1512. Each Class 3 low-speed electric bicycle shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour. (c) Beginning on or after January 1, 2018, every manufacturer and distributor of low-speed electric bicycles shall apply a label that is permanently affixed to the bicycle in a prominent location. The label shall contain, in Arial font in at least 9-point type: (1) a classification number for the bicycle that | ||
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(2) the bicycle's top assisted speed; and (3) the bicycle's motor wattage. No person shall knowingly tamper or modify the speed capability or engagement of a low-speed electric bicycle without replacing the label required under this subsection (c). (d) A Class 2 low-speed electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. A Class 1 low-speed electric bicycle and a Class 3 low-speed electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling. (e) A person may operate a low-speed electric bicycle upon any highway, street, or roadway authorized for use by bicycles, including, but not limited to, bicycle lanes. (f) A person may operate a low-speed electric bicycle upon any bicycle path unless the municipality, county, or local authority with jurisdiction prohibits the use of low-speed electric bicycles or a specific class of low-speed electric bicycles on that path. (g) A person may not operate a low-speed electric bicycle on a sidewalk. (h) A person may operate a Class 3 low-speed electric bicycle only if he or she is 16 years of age or older. A person who is less than 16 years of age may ride as a passenger on a Class 3 low-speed electric bicycle that is designed to accommodate passengers.
(Source: P.A. 100-209, eff. 1-1-18.) |
(625 ILCS 5/Ch. 12 heading) CHAPTER 12.
EQUIPMENT OF VEHICLES
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(625 ILCS 5/Ch. 12 Art. I heading) ARTICLE I.
GENERAL PROVISIONS
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(625 ILCS 5/12-100) (from Ch. 95 1/2, par. 12-100)
Sec. 12-100.
(Repealed).
(Source: P.A. 83-1473. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-101) (from Ch. 95 1/2, par. 12-101)
Sec. 12-101.
Scope and effect of equipment requirements.
(a) It is unlawful for any person to drive or move or for the owner
to cause or knowingly permit to be driven or moved on any highway any
vehicle or combination of vehicles which is in such unsafe condition as
to endanger any person or property, or which does not contain those
parts or is not at all times equipped with such lamps and other
equipment in proper condition and adjustment as required in this
Chapter 12, or which is equipped in any manner in violation of this
Code, or for any person to do any act forbidden or fail to perform
any act required under this Chapter 12.
(b) The provisions of this Chapter 12 with respect to equipment on
vehicles shall not apply to implements of husbandry, road machinery,
road rollers, or farm tractors or to farm-wagon type trailers having a
fertilizer spreader attachment permanently mounted thereon, having a
gross weight of not to exceed 36,000 pounds and used only for the
transportation of bulk fertilizer or to farm-wagon type tank trailers of
not to exceed 2,000 gallons capacity, used during the liquid fertilizer
season as field-storage "nurse tanks" supplying the fertilizer to a
field applicator and moved on highways only for bringing the fertilizer
from a local source of supply to farm or field or from one farm or field
to another.
(Source: P.A. 82-523.)
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(625 ILCS 5/Ch. 12 Art. II heading) ARTICLE II.
LIGHTS AND LAMPS
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(625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
Sec. 12-201. When lighted lamps are required.
(a) When operated upon any highway in this State, every motorcycle shall at
all times exhibit at least one lighted lamp, showing a white light visible
for at least 500 feet in the
direction the motorcycle is proceeding. However, in lieu of such lighted
lamp, a motorcycle may be equipped with and use a means of modulating the
upper beam of the head lamp between high and a lower brightness. No such
head lamp shall be modulated, except to otherwise comply with this Code,
during times when lighted lamps are required for other motor vehicles.
(b) All other motor vehicles shall
exhibit at least 2 lighted head lamps, with at least one on each side
of the front of the vehicle, which satisfy United States Department of
Transportation requirements, showing white lights, including that emitted
by high intensity discharge (HID) lamps, or lights of a yellow or amber tint,
during the period from sunset to sunrise, at times when rain, snow, fog, or
other atmospheric conditions require the use of windshield wipers, and at
any other times when, due to insufficient light or unfavorable atmospheric
conditions, persons and vehicles on the highway are not clearly discernible at
a distance of 1000 feet. Parking lamps may be used in addition to but not in
lieu of such head lamps. Every motor vehicle, trailer, or semi-trailer shall
also exhibit at least 2 lighted lamps, commonly known as tail lamps, which
shall be mounted on the left rear and right rear of the vehicle so as to throw
a red light visible for at least 500 feet in the reverse direction, except that
a truck tractor or road tractor manufactured before January 1, 1968 and all
motorcycles need be equipped with only one such tail lamp.
(c) Either a tail lamp or a separate lamp shall be so constructed
and placed as to illuminate with a white light a rear registration plate
when required and render it clearly legible from a distance of 50 feet
to the rear. Any tail lamp or tail lamps, together with any separate
lamp or lamps for illuminating a rear registration plate, shall be so
wired as to be lighted whenever the head lamps or auxiliary driving lamps
are lighted.
(d) A person shall install only head lamps that satisfy United States
Department of Transportation regulations and show white light, including that
emitted by HID lamps, or light of a yellow or amber tint for use by a motor
vehicle.
(e) (Blank).
(Source: P.A. 96-487, eff. 1-1-10.)
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(625 ILCS 5/12-202) (from Ch. 95 1/2, par. 12-202)
Sec. 12-202. Clearance, identification and side marker lamps.
(a) Second division vehicles with a GVWR over 10,000 pounds, the length of which
together with any trailer or trailers in tow thereof, is more than 25 feet
or the width of which is more than 80 inches exclusive of mirrors, bumpers
and other required safety devices, while being operated on the highways of
this State during the period from sunset to sunrise, shall display on the
front of the vehicle 2 yellow or amber lights, one on each upper front
corner of the vehicle, which shall be plainly visible at a distance of at
least 500 feet; also on the rear thereof in a horizontal line, 3 red lights
plainly visible at a distance of not less than 500 feet; also on the front
of the body of that vehicle near the lower left hand corner one yellow or
amber tinted reflector, and near the lower right hand corner one yellow or
amber tinted reflector; also red reflectors on the rear of the body of that
vehicle, not more than 12 inches from the lower left and right hand
corners. All motor vehicles of the second division more than 20 feet long,
and all trailers and semitrailers, except trailers and semitrailers having
a gross weight of 3,000 pounds or less including the weight of the trailer
and maximum load, while being operated on the highways of this State during
the period from sunset to sunrise, shall display on each side of the
vehicle at approximately the one-third points of the length of the same, at
a height not exceeding 5 feet above the surface of the road, and reflecting
on a line approximately at right angles to the center line of the vehicle,
2 amber tinted reflectors. After January, 1974, all new motor vehicles of
the second division more than 20 feet long, and all trailers and
semitrailers except trailers and semitrailers having a gross weight of
3,000 pounds or less including the weight of the trailer and maximum load
sold as new in this State, while being operated on the highways of this
State during period from sunset to sunrise, shall display on each side of
the vehicle, not more than 12 inches from the front, one amber tinted
reflector, and not more than 12 inches from the rear one red reflector at a
height not exceeding 5 feet above the surface of the road, and reflecting
on a line approximately at right angles to the center line of the vehicle,
approved by the Department.
(b) Every trailer and semitrailer having a gross weight of 3,000 pounds
or less including the weight of the trailer and maximum load, towed either
by a motor vehicle of the first division or a motor vehicle of the second
division shall be equipped with 2 red reflectors, which will be visible
when hit by headlight beams 300 feet away at night, on the rear of the body
of such trailer, not more than 12 inches from the lower left hand and lower
right hand corners.
(c) Every vehicle designated in paragraph (a) or (b) of this Section
that is manufactured after December 31, 1973, shall, at the places and
times specified in paragraph (a) or (b) of this Section, display reflectors
and clearance, identification, and side marker lamps in conformance with
the specifications prescribed by the Department.
(Source: P.A. 97-201, eff. 1-1-12.)
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(625 ILCS 5/12-203) (from Ch. 95 1/2, par. 12-203)
Sec. 12-203.
Lamps on parked vehicles.
(a) During the period from sunset to sunrise every motorcycle or motor
vehicle which is standing on any highway shall display a parking light on
the front and at the rear of the same. However, any city, village or
incorporated town may by ordinance, under rules and regulations it may
prescribe, designate any part or parts of any street, or other highway
under their jurisdiction, as parking places in which motorcycles and motor
vehicles may be parked without having their lamps lighted, as otherwise
required by this Section.
(b) Any lighted driving lamps upon a parked vehicle shall be depressed
or dimmed.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-204) (from Ch. 95 1/2, par. 12-204)
Sec. 12-204.
Lamp or flag on projecting load.
Whenever the load upon any vehicle extends to the rear 4 feet, or more
beyond the bed or body of such vehicle there shall be displayed at the
extreme rear end of the load, at the times specified in Section 12-201
hereof, a red light or lantern plainly visible from a distance of at least
500 feet to the sides and rear. The red light or lantern required under
this Section shall be in addition to the red rear light required upon every
vehicle. At any other time there shall be displayed at the extreme rear end
of such load a red flag or cloth not less than 12 inches square.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
Sec. 12-205. Lamps on other vehicles and equipment. Every vehicle, including animal drawn vehicles, referred to in paragraph
(b) of Section 12-101, not specifically required by the provisions of this
Article to be equipped with lamps or other lighting devices, shall at all
times specified in Section 12-201 of this Act be equipped with at least 2
lamps on the power or towing unit, displaying a white light visible
from a distance of not less than
1,000 feet to the front of such vehicle and shall also be equipped with 2
lamps each displaying a red light visible from a distance of not less
than 1,000 feet to the rear of such vehicle.
Where the towed unit or any load thereon partially or totally obscures
the 2 lamps displaying red light to the rear of the towing unit, the
rearmost towed unit shall be equipped with 2 lamps displaying red light
visible from a distance of not less than 1,000 feet to the rear of such
towed unit which are positioned in such a manner as to not obstruct the
visibility of the red light to any vehicle operator approaching from the
rear of such vehicle or combination of vehicles.
Where the 2 lamps displaying red light are not obscured by the towed unit
or its load, then either towing unit or towed unit, or both, may be
equipped with the 2 lamps displaying red light as required.
The preceding paragraph does not apply to antique vehicles, expanded-use antique vehicles, custom
vehicles, or street rods. An antique
vehicle or expanded-use antique vehicle shall be equipped with lamps
of the
same type originally installed
by the manufacturer as original equipment and in working order.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-205.1) (from Ch. 95 1/2, par. 12-205.1)
Sec. 12-205.1.
Implements of husbandry or slow-moving vehicles-Display of
amber
signal lamp.
Every animal drawn vehicle, farm tractor, implement of husbandry and
special mobile equipment, except when used for road construction or
maintenance within the limits of a construction or maintenance project
where traffic control devices are used in compliance with the applicable
provisions of the manual and specifications adopted under Section 11-301 of
the Illinois Vehicle Code, when operated on a highway during a time when
lighted lamps are required by Section 12-201 of this Chapter, shall display
to the rear at least one flashing amber signal lamp mounted as high as
practicable and of sufficient intensity to be visible for a distance of at
least 500 feet in normal sunlight; provided, that only the rearmost vehicle
of a combination of vehicles coupled together need display such lamp.
The flashing amber signal lamp may be operated lighted during daylight
hours when other lamps are not required to be lighted when vehicles
authorized in this Section are operated on a highway.
Implements of husbandry manufactured on or after January 1, 2003 and operated
on public roads between sunset and sunrise shall display markings and lighting
that meet or exceed the design, performance, and mounting specifications
adopted by the American Society of Agricultural Engineers and published by that
body as ASAE S279.11 APR01.
(Source: P.A. 91-505, eff. 1-1-00; 92-820, eff. 8-21-02.)
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(625 ILCS 5/12-207) (from Ch. 95 1/2, par. 12-207)
Sec. 12-207.
Spot lamps and auxiliary driving lamps.
(a) Any motor vehicle may be equipped with not to exceed one spot lamp
and every lighted spot lamp shall be so aimed and used upon approaching
another vehicle that no part of the high-intensity portion of the beam will
be directed to the left of the prolongation of the extreme left side of the
vehicle nor more than 100 feet ahead of the vehicle.
(b) Any motor vehicle may be equipped with not to exceed three auxiliary
driving lamps mounted on the front at a height not less than 12 inches nor
more than 42 inches above the level surface upon which the vehicle stands.
(c) The restrictions of subsections 12-207 (a) and 12-207 (b) of this
Act shall not apply to authorized emergency vehicles or equipment used
for snow and ice removal operations if owned or operated by or for any
governmental body.
(d) The minimum and maximum height restrictions prescribed in
subsection (b) of Section 12-207 shall not apply to privately owned motor vehicles on
which a snow plow is mounted, while in transit between or during snow and
ice removal operations. This exemption shall apply only during the period
from November 15 through April 1, and only when the snow plow blade, commonly
referred to as a "moldboard", is properly and securely affixed to the front
of the motor vehicle.
(Source: P.A. 85-1010.)
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(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
Sec. 12-208. Signal lamps and signal devices.
(a) Every vehicle other than an antique vehicle displaying an antique
plate or an expanded-use antique vehicle displaying expanded-use antique vehicle plates operated in this State shall be equipped with a stop lamp or lamps on
the rear of the vehicle which shall display a red or amber light visible
from a distance of not less than 500 feet to the rear in normal sunlight
and which shall be actuated upon application of the service (foot) brake,
and which may but need not be incorporated with other rear lamps. During
times when lighted lamps are not required, an antique vehicle or an expanded-use antique vehicle may be
equipped with a stop lamp or lamps on the rear of such vehicle of the same
type originally installed by the manufacturer as original equipment and in
working order. However, at all other times, except as provided in subsection
(a-1), such antique vehicle or expanded-use antique vehicle must be
equipped with stop lamps meeting the requirements of Section 12-208 of this
Act.
(a-1) A motorcycle or an antique vehicle or an expanded-use antique vehicle, including an antique motorcycle, may display a blue light or lights of up to one
inch in diameter as part of the vehicle's rear stop lamp or lamps.
(b) Every motor vehicle other than an antique vehicle displaying an
antique plate or an expanded-use antique vehicle displaying expanded-use antique vehicle plates shall be equipped with an electric turn signal device which
shall indicate the intention of the driver to turn to the right or to the
left, change lanes, turn a vehicle, or otherwise turn or maneuver a vehicle from a direct course of travel in the form of flashing lights located at and showing to the front and
rear of the vehicle on the side of the vehicle toward which the turn is to
be made. The lamps showing to the front shall be mounted on the same level
and as widely spaced laterally as practicable and, when signaling, shall
emit a white or amber light, or any shade of light between white and amber.
The lamps showing to the rear shall be mounted on the same level and as
widely spaced laterally as practicable and, when signaling, shall emit a
red or amber light. An antique vehicle or expanded-use antique vehicle shall be equipped with a turn signal
device of the same type originally installed by the manufacturer as
original equipment and in working order.
(c) Every trailer and semitrailer shall be equipped with an electric
turn signal device which indicates the intention of the driver in the power
unit to turn to the right or to the left in the form of flashing red or
amber lights located at the rear of the vehicle on the side toward which
the turn is to be made and mounted on the same level and as widely spaced
laterally as practicable.
(d) Turn signal lamps must be visible from a distance of not less than
300 feet in normal sunlight.
(e) Motorcycles and motor-driven cycles need not be equipped with
electric turn signals. Antique vehicles and expanded-use antique vehicles need not be equipped with turn
signals unless such were installed by the manufacturer as original
equipment.
(f) (Blank).
(g) Motorcycles and motor-driven cycles may be equipped with a stop lamp or lamps on the rear of the vehicle that display a red or amber light, visible from a distance of not less than 500 feet to the rear in normal sunlight, that flashes and becomes steady only when the brake is actuated. (h) Electric turn signal lamps shall not be flashed or left in the on position other than to indicate the intention of a driver to turn a vehicle left or right, change lanes, or otherwise turn or maneuver a vehicle from a direct course of travel. (Source: P.A. 102-508, eff. 8-20-21.)
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(625 ILCS 5/12-209) (from Ch. 95 1/2, par. 12-209)
Sec. 12-209. Additional lighting equipment.
(a) Any motor vehicle may be equipped with not more than 2 side cowl or
fender lamps which shall emit an amber or white light without glare.
(b) Any motor vehicle may be equipped with not more than one running
board courtesy lamp on each side thereof which shall emit a white or amber
light without glare.
(c) Any motor vehicle may be equipped with one or more back-up lamps
either separately or in combination with other lamps which shall emit a white or amber light without glare; but any such back-up
lamp or lamps shall not be lighted when the motor vehicle is in forward
motion.
(Source: P.A. 100-707, eff. 1-1-19.)
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(625 ILCS 5/12-210) (from Ch. 95 1/2, par. 12-210)
Sec. 12-210.
Use of head lamps and auxiliary driving lamps.
(a)
Whenever the driver of any vehicle equipped with an electric driving head
lamp, driving head lamps, auxiliary driving lamp or auxiliary driving lamps
is within 500 feet of another vehicle approaching from the opposite
direction, the driver shall dim or drop such head lamp or head lamps and
shall extinguish all auxiliary driving lamps.
(b) The driver of any vehicle equipped with an electric driving head
lamp, head lamps, auxiliary driving lamp or auxiliary driving lamps shall
dim or drop such head lamp or head lamps and shall extinguish all auxiliary
driving lamps when there is another vehicle traveling in the same direction
less than 300 feet to the front of him.
(c) No vehicle shall have the lighting system modified to allow more
than 2 electric head lamps to be lighted while operating in the dimmed or
dropped position.
(d) Nothing in this Section shall prohibit the use of auxiliary driving
lamps, commonly referred
to as "fog" lamps, when used in conjunction with head lamps, if
such auxiliary driving lamps are adjusted and so aimed that the glaring
rays are not projected into the eyes of drivers of oncoming vehicles.
(Source: P.A. 85-1144.)
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(625 ILCS 5/12-211) (from Ch. 95 1/2, par. 12-211)
Sec. 12-211.
Number of driving lamps required or permitted.
(a) At all times specified in Section 12-201, at least 2 lighted driving
lamps shall be displayed, one on each side of the front of every motor
vehicle other than a motorcycle, except when such vehicle is parked subject
to the regulations governing lights on parked vehicles.
(b) Whenever a motor vehicle equipped with driving lamps as herein
required is also equipped with any auxiliary driving lamps or a spot lamp
or any other lamp on the front thereof, not more than a total of 4 of any
such lamps on the front of a vehicle shall be lighted at any one time when
upon a highway.
(Source: P.A. 86-1236.)
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(625 ILCS 5/12-212) (from Ch. 95 1/2, par. 12-212)
Sec. 12-212. Special restrictions on lamps. (a) No person shall drive or
move any vehicle or equipment upon any highway with any lamp or device on
the vehicle or equipment displaying a red light visible from directly in
front of the vehicle or equipment except as otherwise provided in this Act.
(b) Subject to the restrictions of this Act, flashing lights are
prohibited on motor vehicles except as expressly authorized in this Chapter or as a means for indicating a right or
left turn, lane change, or a maneuver of a vehicle from a direct course of travel as provided in Section 12-208 or the presence of a vehicular
traffic hazard requiring unusual care as expressly provided in Sections 11-804 or 12-215.
(c) Unless otherwise expressly authorized by this Code, all other
lighting or combination of lighting on any vehicle shall be prohibited.
(d) No person shall drive or move any motor vehicle or equipment upon any highway with any lighting or combination of lighting with a smoked or tinted lens or cover. (Source: P.A. 101-189, eff. 1-1-20; 102-508, eff. 8-20-21.)
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(625 ILCS 5/12-214) (from Ch. 95 1/2, par. 12-214)
Sec. 12-214.
Special lighting equipment on rural mail delivery vehicles.
If a rural mail delivery vehicle is equipped with special signal lamps,
there shall be displayed to the front 2 such alternately flashing amber
lamps located at the same level and mounted as high and as widely spaced
laterally as practicable and to the rear 2 alternately flashing amber lamps
located at the same level and mounted as high and as widely spaced
laterally as practicable. Such lamps shall be of sufficient intensity to be
visible at 500 feet in normal sunlight and shall be controlled so that they
will only be used to indicate to other traffic that a stop is being made
for the purpose of picking up or delivering U. S. mail.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-214.1)
Sec. 12-214.1.
Tow trucks meeting federal motor carrier safety
requirements;
lighting and signalling equipment. Any tow truck that meets the
requirements of the Federal Motor Carrier Safety Regulations of the United
States Department of Transportation, regarding lighting and
signalling equipment required on commercial motor vehicles, shall be deemed to
comply with the provisions of this Chapter regarding required lighting and
signalling equipment.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/12-215)
Sec. 12-215. Oscillating, rotating, or flashing lights on motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or flashing lights,
whether lighted or unlighted, is prohibited except on:
1. Law enforcement vehicles of State, federal, or | ||
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2. A vehicle operated by a police officer or county | ||
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2.1. A vehicle operated by a fire chief, deputy fire | ||
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3. Vehicles of local fire departments and State or | ||
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4. Vehicles which are designed and used exclusively | ||
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4.5. Vehicles which are occasionally used as rescue | ||
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5. Tow trucks licensed in a state that requires such | ||
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6. Vehicles of the Illinois Emergency Management | ||
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7. Vehicles operated by a local or county emergency | ||
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8. School buses operating alternately flashing head | ||
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9. Vehicles that are equipped and used exclusively as | ||
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10. Vehicles of the Illinois Department of Natural | ||
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11. Vehicles of the Illinois Department of | ||
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12. Vehicles of the Illinois State Toll Highway | ||
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(b) The use of amber oscillating, rotating, or flashing lights, whether
lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for | ||
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2. Motor vehicles or equipment of the State of | ||
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3. Vehicles or equipment used by engineering or | ||
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4. Vehicles of public utilities, municipalities, or | ||
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5. Oversized vehicle or load; however, such lights | ||
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6. The front and rear of motorized equipment owned | ||
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6.1. The front and rear of motorized equipment or | ||
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7. Fleet safety vehicles registered in another state, | ||
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8. Such other vehicles as may be authorized by local | ||
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9. Law enforcement vehicles of State or local | ||
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9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail | ||
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10.5. Vehicles of the Office of the Illinois State | ||
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11. Any vehicle displaying a slow-moving vehicle | ||
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12. All trucks equipped with self-compactors or | ||
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13. Vehicles used by a security company, alarm | ||
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14. Security vehicles of the Department of Human | ||
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15. Vehicles of union representatives, except that | ||
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(c) The use of blue oscillating, rotating, or flashing lights, whether
lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire | ||
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voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire | ||
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paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance | ||
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paid or unpaid members of a local or county | ||
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However, such lights are not to be lighted except | ||
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Any person using these lights in accordance with this | ||
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(A) the name of the fire department, fire | ||
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(B) the member's position within the fire | ||
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(C) the member's term of service; and (D) the name of a person within the fire | ||
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2. Police department vehicles in cities having a | ||
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3. Law enforcement vehicles of State or local | ||
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4. Vehicles of local fire departments and State or | ||
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5. Vehicles which are designed and used exclusively | ||
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6. Vehicles that are equipped and used exclusively as | ||
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7. Vehicles of the Illinois Emergency Management | ||
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8. Vehicles operated by a local or county emergency | ||
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9. Vehicles of the Illinois Department of Natural | ||
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(c-1) In addition to the blue oscillating, rotating, or flashing
lights permitted under subsection (c), and notwithstanding subsection
(a), a vehicle operated by a voluntary firefighter, a voluntary member
of a rescue squad, or a member of a voluntary ambulance unit may be
equipped with flashing white headlights and blue grill lights, which may
be used only in responding to an emergency call or when parked or stationary at the scene of a fire, rescue call, ambulance call, or motor vehicle crash.
(c-2) In addition to the blue oscillating, rotating, or flashing
lights permitted under subsection (c), and notwithstanding subsection (a),
a vehicle operated by a paid or unpaid member of a local or county
emergency management services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating, rotating,
or flashing lights to be used in combination with blue oscillating, rotating,
or flashing lights, if authorization by local authorities is in
writing and carried in the vehicle.
(d) The use of a combination of amber and white oscillating, rotating, or
flashing lights, whether lighted or unlighted, is prohibited except on second division vehicles designed and used for towing or hoisting
vehicles or motor
vehicles or equipment of the State of Illinois, local authorities, contractors,
and union representatives; furthermore, such lights shall
not be lighted on second division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local authorities, and
contractors except while such vehicles are engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway construction projects, and
shall not be lighted on the vehicles of union representatives except when those
vehicles are within the limits of a construction project.
(e) All oscillating, rotating, or flashing lights referred to in this Section
shall be of sufficient intensity, when illuminated, to be visible at 500
feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer of oscillating,
rotating, or flashing lights or his representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If the lights are not covered while the vehicle is operated upon a highway, the vehicle shall display signage indicating that the vehicle is out of service or not an emergency vehicle. The signage shall be displayed on all sides of the vehicle in letters at least 2 inches tall and one-half inch wide. A vehicle authorized to have oscillating,
rotating, or flashing lights mounted for demonstration purposes may not activate the lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection (a), (b), (c), or (d)
of this Section who without lawful authority stops or detains or attempts
to stop or detain another person shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person violating the
provisions of subsection (a) or (c) of this Section shall be guilty of a
Class A misdemeanor.
(Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/12-215.1) Sec. 12-215.1. Possession of oscillating, rotating, or flashing lights in motor vehicles; police equipment, markings, and other indicia of emergency vehicle authority. (a) A person, except those given exceptions in Section 12-215 or 12-609 of this Code, may not possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of emergency vehicle authority within any portion of a motor vehicle, including but not limited to wig-wags, red and blue LEDs, sirens, mounted or affixed devices or other equipment, markings or indicia of emergency vehicle authority. (b) A person found guilty of violating this Section is guilty of a Class A misdemeanor. (c) Oscillating, rotating, or flashing lights and any other equipment, markings, or indicia of emergency vehicle authority shall be seized by the law enforcement officer at the time of a violation of this Section or of Section 12-215 or 12-609 of this Code upon any legal search. The officer may seize the vehicle containing the prohibited device or mechanism, and this device or mechanism shall be removed and held for evidentiary purposes. When the device or mechanism is no longer needed for evidence, the defendant may petition the court for the return of the device or mechanism. The defendant must prove to the court by a preponderance of the evidence that the device or mechanism will be used for a legitimate and lawful purpose.
(Source: P.A. 98-468, eff. 8-16-13.) |
(625 ILCS 5/12-216) (from Ch. 95 1/2, par. 12-216)
Sec. 12-216.
Operation of oscillating, rotating or flashing lights.
Oscillating, rotating or flashing lights located on or within police
vehicles in this State shall be lighted whenever a police officer is in
pursuit of a violator of a traffic law or regulation.
(Source: P.A. 85-830.)
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(625 ILCS 5/12-217) (from Ch. 95 1/2, par. 12-217)
Sec. 12-217.
Special lighting equipment for interstate transportation
authority. (a) Notwithstanding any other provisions of this Chapter, an
interstate transportation authority, as defined in this Section, in
addition to headlights and other required or authorized lighting, may affix
to the top front of its buses, 2 sets of lights, each containing up to 5
stationary lights, of different colors, including the colors white, yellow,
blue, green and purple, and excepting, however, the color red. Such lights
shall be located symmetrically above the windshield with one set of lights
on each side of the headsign and may reflect an intensity of up to 64
candlepower each. Provided further however, that normally no more than 3
of such colored lights on each set of lights may be on or displayed at any
one time. Such lights shall be stationary only, and shall not be
oscillating, rotating, or flashing. The lights shall be displayed only on
the top front of such buses, lighted in various combinations to indicate
the route, the destination, and the express or local nature of the service.
(b) As used herein, the term "interstate transportation authority" shall
mean any body, agency, entity, or political subdivision created by compact
between Illinois and another state, which is a body corporate and politic,
and which operates a public mass transportation or transit system.
(Source: P.A. 85-1144.)
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(625 ILCS 5/12-218) Sec. 12-218. Auxiliary accent lighting on motorcycles. (a) A motorcycle registered in this State may be equipped with, and a person operating the motorcycle may use, standard bulb running lights or light-emitting diode (L.E.D.) pods and strips as auxiliary lighting with the intent of protecting the driver. (b) Auxiliary lighting authorized under subsection (a) of this Section: (1) shall not project a beam of light of an | ||
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(2) shall not be directed horizontally; (3) shall be so directed that no part of the beam | ||
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(4) shall be directed towards the ground; (5) shall not emit blue light, but may emit red | ||
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(6) shall not be: (A) blinking; (B) flashing; (C) oscillating; or (D) rotating; and (7) shall not be attached to the wheels of the | ||
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(Source: P.A. 103-374, eff. 1-1-24.) |
(625 ILCS 5/12-218.5) Sec. 12-218.5. Optional lighting on motorcycles. (a) A motorcycle may be equipped with 2 forward facing electric turn signals mounted on or near the handlebar grip assembly, or on the front fork assembly, or front fender shroud. The lamps shall be mounted on the same level and as widely spaced laterally as practicable, and when signaling, shall emit a white or amber light. (b) A motorcycle may be equipped with 2 forward facing electric driving lights which display a steady-on white or amber light. These lights may be in addition to but not in lieu of the required lamps on motorcycles under Section 12-201 and may be used either when the provisions of Section 12-201 are required or not required. The driving lights under this subsection (b) may by the same lamp housing specified under subsection (a) which shall only be actuated to a flashing signal to comply with the requirements of Section 12-208.(Source: P.A. 103-374, eff. 1-1-24.) |
(625 ILCS 5/Ch. 12 Art. III heading) ARTICLE III.
BRAKES
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(625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
Sec. 12-301. Brakes.
(a) Brake equipment required.
1. Every motor vehicle, other than a motor-driven | ||
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2. Every motor-driven cycle when operated upon a | ||
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3. Every antique vehicle shall be equipped with the | ||
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4. Except as provided in paragraph 4.1, every trailer | ||
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4.1. Every boat trailer of a gross weight of over | ||
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5. Every motor vehicle, expanded-use antique vehicle, | ||
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(b) Performance ability of brakes.
1. The service brakes upon any motor vehicle or | ||
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2. Under the above conditions the hand brake shall be | ||
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3. Under the above conditions the service brakes upon | ||
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4. All braking distances specified in this Section | ||
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5. All brakes shall be maintained in good working | ||
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6. Brake assembly requirements for mobile homes shall | ||
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(c) (Blank).
(Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-302) (from Ch. 95 1/2, par. 12-302)
Sec. 12-302.
Brake fluid.
No person shall sell, offer for sale or distribute brake fluid for use
on motor vehicles for repair purposes unless such fluid conforms to
specifications prescribed by the Department.
(Source: P.A. 78-748.)
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(625 ILCS 5/Ch. 12 Art. IV heading) ARTICLE IV.
TIRES
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(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
Sec. 12-401. Restriction as to tire equipment. No metal tired vehicle,
including tractors, motor vehicles of the second division, traction engines
and other similar vehicles, shall be operated over any improved highway
of this State, if such vehicle has on the periphery of any of the road wheels
any block, stud, flange, cleat, ridge, lug or any projection of metal
or wood which projects radially beyond the tread or traffic surface
of the tire. This prohibition does not apply
to pneumatic tires with metal studs used on vehicles operated by rural
letter carriers who are employed or enjoy a contract with the United
States Postal Service for the purpose of delivering mail if such vehicle
is actually used for such purpose during operations between November
15 of any year and April 1 of the following year, or to motor vehicles
displaying a disability license plate or a license plate for veterans with disabilities whose
owner resides in an unincorporated area located upon a county or township
highway or road and possesses a valid driver's license and operates
the vehicle with such tires only during the period heretofore described,
or to tracked type motor vehicles when that part of the vehicle coming in
contact with the road surface does not contain any projections of any kind
likely to injure the surface of the road; however, tractors, traction engines,
and similar vehicles may be operated which have upon their road wheels
V-shaped, diagonal or other cleats arranged in such a manner as to be
continuously in contact with the road surface, provided that the gross weight
upon such wheels per inch of width of such cleats in contact with the road
surface, when measured in the direction of the axle of the vehicle, does not
exceed 800 pounds.
All motor vehicles and all other vehicles in tow thereof, or thereunto
attached, operating upon any roadway, shall have tires of rubber or some
material of equal resiliency. Solid tires shall be considered defective and
shall not be permitted to be used if the rubber or other material has been
worn or otherwise reduced to a thickness of less than three-fourths of an
undue vibration when the vehicle is in motion or to cause undue
concentration of the wheel load on the surface of the road. The
requirements of this Section do not apply to agricultural tractors or
traction engines or to agricultural machinery, including wagons being
used for agricultural purposes in tow thereof, or to road rollers or road
building machinery operated at a speed not in excess of 10 miles per
hour. All motor vehicles of the second division, operating upon any
roadway shall have pneumatic tires, unless exempted herein.
Nothing in this Section shall be deemed to prohibit the use of tire
chains of reasonable proportion upon any vehicle when required for
safety because of snow, ice or other conditions tending to cause a vehicle
to skid.
(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/12-402) (from Ch. 95 1/2, par. 12-402)
Sec. 12-402.
Sale or lease of siped or regrooved pneumatic tire.
No person
or organization shall sell or lease or offer for sale or lease, for use
on a highway, any pneumatic tire, either original tread or retread, on which
the tread is siped or regrooved to a depth equal to or deeper than the molded
groove depth, unless the tire was constructed or retreaded with sufficient
tread material and type of labels to permit such siping or regrooving.
Such labels and siping or regrooving shall be in compliance with Part 569
of Title 49 of the Code of Federal Regulations, and after siping or regrooving
the tire shall conform to that Part.
For the purpose of this Article, siped shall mean cut without removing
material, and regrooved shall mean the tread groove pattern is renewed,
or a new pattern generated, or both, without additional tread material being added.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-403) (from Ch. 95 1/2, par. 12-403)
Sec. 12-403.
Sale or lease of retreaded or "recapped" pneumatic tire.
No person or organization shall sell or lease or offer for sale or lease,
for use on a highway, any pneumatic tire produced or rebuilt by a process
in which tread material is attached to a used tire, unless the tire, tread
material, labelling and certification, before and after processing, conform
to Part 571.117 of Title 49 of the Code of Federal Regulations.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-404) (from Ch. 95 1/2, par. 12-404)
Sec. 12-404.
Sale or lease of pneumatic tire without marking.
No person
or organization shall sell or lease or offer for sale or lease, for use
on a highway, any pneumatic tire that does not bear the special marking
required by this Section.
(a) Regrooved or siped tire. In addition to the identification, labelling
and certification required under Section 12-402, either the word "regrooved"
or the word "siped" shall be branded on each side of a pneumatic tire on
which the tread is either regrooved or siped, as the case may be. In the
case of a tire that is both regrooved and siped, the word "regrooved" alone
on each side shall suffice, although both words may appear on each side.
Each branding shall be conspicuous but shall be sized, located and applied
so as not to weaken or damage the tire or otherwise degrade the performance
of the tire or shorten its useful life.
(b) Retreaded tire. In addition to the labelling, identification, certification
and other marking required under Section 12-403, the word "retreaded" shall
be branded or molded into or onto each side of a pneumatic tire that has
been retreaded or "recapped". Each molding or branding shall be conspicuous
but shall be sized, located and applied so as not to weaken or damage the
tire or otherwise degrade the performance of the tire or shorten its useful life.
(c) New tire. The labelling, identification, certification and other
marking required by Part 571.109 of Title 49 of the Code of Federal Regulations
shall appear on each new pneumatic tire intended for use on a passenger
car other than a multipurpose passenger vehicle. The labelling, identification,
certification and other marking required by Part 571.119 of Title 49 of
the Code of Federal Regulations shall appear on each new pneumatic tire
intended for use on either a multipurpose passenger vehicle or other type
of vehicle that is not a passenger car.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-405) (from Ch. 95 1/2, par. 12-405)
Sec. 12-405.
Operating condition of pneumatic tires.
(a) Definition. The term "spare tire" as used in
this Section 12-405
means any new, used or specially constructed tire that is either carried
or installed for short term emergency use.
(b) Promulgated Rules. The Department shall promulgate rules concerning
unsafe operating
conditions of pneumatic tires. The rules shall be
enforced by police officers by visual inspection of
tires, including visual comparison with simple
measuring scales or gauges. The rules shall include precepts and standards
for determining unsafe conditions, including the determination of an effective
depth of tread groove, and shall
be based upon, to the extent that
it is reasonable and practical, all provisions set forth in paragraph (d)
of this Section.
(c) Use of Unsafe Tire. 1. No person or organization shall place,
drive or move, or
cause or allow to be placed, driven or moved, on
a highway of this
State, any vehicle equipped with one or more pneumatic tires deemed
to be unsafe under a provision of paragraph (d) of
this Section or a rule promulgated under paragraph (b) of this Section.
2. Exemptions. Any restriction stated in this paragraph (c) shall not apply:
(i) To a tire on a damaged, disabled, abandoned, or other unsafe or unwanted
vehicle being legally towed, pushed or otherwise transferred to a repair,
relocation, storage, salvage, junking, or other collection site;
(ii) To a tire on a racing or other competitive vehicle being legally
moved or transported, not under its own power, to a lawful competition site
or to a bona fide testing site; or
(iii) To a spare tire either carried or in short term emergency use for
only such distance or time as is reasonably necessary to accomplish the
repair or replacement of the damaged or unsafe tire for which the spare
was substituted.
(d) Criteria for Unsafe Pneumatic Tires. A pneumatic tire shall
be deemed to be unsafe if it has:
1. Any part of a ply or cord exposed;
2. A tread or sidewall crack, cut, snag, or other surface interruption
deep enough to expose a ply or cord;
3. Any bulge, knot, or separation;
4. Tread wear indicators flush with the tread outer surface in any 2 or
more adjacent tread grooves at 3 locations approximately equally spaced
around the circumference of the
tire;
5. A depth of tread groove less than 2/32
of an inch or less than 1/32 of an inch if on a motorcycle or truckster,
measured in any 2 or more adjacent tread grooves at 3 locations approximately
equally
spaced around the circumference of the tire, at least one of which, in the
judgment of the inspecting officer, is a location at which the tread is
thinnest, provided that any measurement over a tie
bar, tread wear indicator, hump or
fillet is excluded;
6. A depth of tread groove less than 4/32 of an inch at any one location
and the tire is mounted on the front wheel of a motor vehicle subject to
the provisions of Chapter 18B of this Code, provided that any measurement
over a tie bar, tread wear indicator, hump or fillet is excluded;
7. A marking which indicates that the tire is not intended for use on a
public highway;
8. Been regrooved or recut below the bottom of an original
tread groove, except in the case of a
special "regroovable" tire that was manufactured
or retreaded with thick undertread, identified and regrooved in compliance
with the applicable federal standard in Title 49 of the Code of Federal
Regulations, and in compliance with each applicable Section of this Code; or
9. Other condition, marking or lack of marking that may be reasonably
demonstrated to
identify the tire as unsuitable for highway use, including inflation,
load, speed or installation condition seriously
incompatible with the tire size, construction, or other pertinent marking
or feature.
(e) Sale, Lease or Installation of Pneumatic Tires. 1. No
person or organization shall sell, lease, or offer for sale or lease,
or mount, install, or cause or allow to be mounted or installed,
for use on a highway, any pneumatic tire deemed
to be unsafe under paragraph (d) of this Section or under a rule
promulgated under paragraph (b) of this Section. Except as provided in
paragraph (c) of this Section, any person or organization offering
a vehicle for sale or lease shall, prior to its being placed, driven
or moved on a
highway, correct any unsafe tire condition.
2. No person or organization shall sell, lease, or offer for sale or
lease, for highway use, any pneumatic tire, or any vehicle equipped with
a pneumatic tire, which has a depth of tread groove less than 3/32 of an
inch; except a pneumatic tire on a motorcycle or truckster may have a depth
of tire groove of not less than 2/32 of an inch. Groove depth shall not
be measured where a tie bar, tread wear indicator, hump or fillet is located.
(f) Compliance and Enforcement. Any police officer, upon reasonable
cause to believe that a person or organization has acted or is acting in
violation of any provision of this Section, shall require the driver,
owner, or other appropriate
custodian to submit the tire or tires to an inspection. When so required,
the owner or other appropriate
custodian shall allow the tire inspection and the driver of a vehicle
or combination of vehicles shall stop at a designated
location and allow the tire or tires to be inspected
or shall move the vehicle or combination to
a location that is reasonably convenient and is suitable for such inspection.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-407) (from Ch. 95 1/2, par. 12-407)
Sec. 12-407.
Rules and regulations.
The Department may promulgate rules
and regulations to clarify or specify the requirements of this Article IV.
(Source: P.A. 83-213.)
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(625 ILCS 5/Ch. 12 Art. V heading) ARTICLE V.
GLASS, WINDSHIELDS AND MIRRORS
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(625 ILCS 5/12-500) (from Ch. 95 1/2, par. 12-500)
Sec. 12-500.
(Repealed).
(Source: P.A. 77-37. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
Sec. 12-501. Windshields and
safety glazing material in motor vehicles.
(a) Every motor vehicle operated upon the highways of this State shall
be equipped with a front windshield which complies with those standards as
established pursuant to this Section and Section 12-503 of this Code. This
subsection shall not apply to motor vehicles designed and used exclusively
for off-highway use, motorcycles, motor-driven cycles, motorized
pedalcycles, nor to motor vehicles registered as antique vehicles, expanded-use antique vehicles, custom
vehicles, or street rods when the
original design of such vehicles did not include front windshields.
(b) No person shall knowingly sell any 1936 or later model motor vehicle
unless such vehicle is equipped with safety glazing material conforming to
specifications prescribed by the Department wherever glazing material is
used in doors, windows and windshields.
Regulations promulgated by the Department specifying standards for safety
glazing material on windshields shall, as a minimum, conform with those
applicable
Federal Motor Vehicles Safety Standards (49 CFR 571.205).
These provisions apply to all motor
vehicles of the first and second division but with respect to trucks,
including truck tractors, the requirements as to safety glazing material
apply to all glazing material used in doors, windows and windshields in the
drivers' compartments of such vehicles.
(c) It is unlawful for the owner or any other person knowingly to
install or cause to be installed in any motor vehicle any glazing material
other than safety glazing material conforming to the specifications
prescribed by the Department.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-502) (from Ch. 95 1/2, par. 12-502)
Sec. 12-502.
Mirrors.
Every motor vehicle, operated singly or when towing another vehicle,
shall be equipped with a mirror so located as to reflect to the driver a view of the
highway for a distance of at least 200 feet to the rear of such motor
vehicle.
(Source: P.A. 82-122.)
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(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped with wipers.
(a) No person shall drive a motor vehicle with any sign, poster, window
application, reflective material, nonreflective material, or tinted film
upon the front windshield, except that a nonreflective tinted film may be used along
the uppermost portion of the windshield if such material does not extend
more than 6 inches down from the top of the windshield.
(a-3) No new or used motor vehicle dealer shall permit a driver to drive a motor vehicle offered for sale or lease off the premises where the motor vehicle is being offered for sale or lease, including when the driver is test driving the vehicle, with signs, decals, paperwork, or other material on the front windshield or on the windows immediately adjacent to each side of the driver that would obstruct the driver's view in violation of subsection (a) of this Section. For purposes of this subsection (a-3), "test driving" means when a driver, with permission of the new or used vehicle dealer or employee of the new or used vehicle dealer, drives a vehicle owned and held for sale or lease by a new or used vehicle dealer that the driver is considering to purchase or lease. (a-5) No window treatment or tinting shall be applied to the windows immediately adjacent to each side of the driver, except: (1) On vehicles where none of the windows to the | ||
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(2) On vehicles where none of the windows to the | ||
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(3) (Blank). (4) On vehicles where a nonreflective smoked or | ||
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(a-10) No person shall install or repair any material prohibited by subsection (a) of this Section. (1) Nothing in this subsection shall prohibit a | ||
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(2) Nothing in this subsection shall prohibit a | ||
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(b) On motor vehicles where window treatment has not been applied to the windows immediately adjacent to each side of the driver, the use of a
perforated
window screen or other decorative window application on windows to the rear
of the driver's seat shall be allowed. (b-5) Any motor vehicle with a window to the
rear of the driver's seat treated in this manner shall be equipped with a
side mirror on each side of the motor vehicle which are in conformance with
Section 12-502.
(c) No person shall drive a motor vehicle with any objects placed or
suspended between the driver and the rear
window, side wings, or side windows immediately adjacent to each side of
the driver which materially obstructs the driver's view.
(c-5) No person shall drive a motor vehicle with any objects placed or suspended between the driver and the front windshield which materially obstruct the driver's view. No motor vehicle, or driver or passenger of such vehicle, shall be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of this subsection. (d) Every motor vehicle, except motorcycles, shall be equipped with a
device, controlled by the driver, for cleaning rain, snow, moisture, or other
obstructions from the windshield; and no person shall drive a motor vehicle
with snow, ice, moisture, or other material on any of the windows or
mirrors, which materially obstructs the driver's clear view of the highway.
(e) No person shall drive a motor vehicle when the windshield, side, or
rear windows are in such defective condition or repair as to materially
impair the driver's view to the front, side, or rear. A vehicle equipped
with a side mirror on each side of the vehicle which are in conformance
with Section 12-502 will be deemed to be in compliance in the event the
rear window of the vehicle is materially obscured.
(f) Subsections (a), (a-5), (b), and (b-5) of this Section shall not apply to:
(1) (Blank).
(2) those motor vehicles properly registered in | ||
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(g) Subsections (a) and (a-5) of this Section shall not apply to window treatment, including, but not limited to, a window application,
nonreflective material, or tinted film, applied or affixed
to a motor vehicle for which distinctive license plates or license plate stickers have been issued pursuant to subsection (k) of Section 3-412 of this Code, and which:
(1) is owned and operated by a person afflicted with | ||
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(2) is used in transporting a person when the person | ||
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The owner must obtain a certified statement or letter | ||
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Such certification must be carried in the motor | ||
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(g-5) (Blank). (g-7) Installers shall only install window treatment authorized by subsection (g) on motor vehicles for which distinctive plates or license plate stickers have been issued pursuant to subsection (k) of Section 3-412 of this Code. The distinctive license plates or plate sticker must be on the motor vehicle at the time of window treatment installation. (h) Subsection (a) of this Section shall not apply to motor vehicle
stickers or other certificates issued by State or local authorities which
are required to be displayed upon motor vehicle windows to evidence
compliance with requirements concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section shall be guilty of a petty offense and fined no less than $50 nor more
than $500. A second or subsequent violation of subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
this Section shall be treated as a Class C misdemeanor and the violator fined
no less than $100 nor more than $500. Any person convicted under subsection
(a), (a-5), (b), or (b-5) of this Section shall be ordered to alter any
nonconforming windows into compliance with this Section.
(k) Except as provided in subsection (a-3) of this Section, nothing in this
Section shall create a cause of action on behalf of a buyer against a
vehicle dealer or manufacturer who sells a motor vehicle with a window which is in
violation of this Section. (l) The Secretary of State shall provide a notice of the requirements of this Section to a new resident applying for vehicle registration in this State pursuant to Section 3-801 of this Code. The Secretary of State may comply with this subsection by posting the requirements of this Section on the Secretary of State's website. (m) A home rule unit may not regulate motor vehicles in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 102-111, eff. 1-1-22; 103-32, eff. 1-1-24.)
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(625 ILCS 5/Ch. 12 Art. VI heading) ARTICLE VI.
MISCELLANEOUS REQUIREMENTS
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(625 ILCS 5/12-600) (from Ch. 95 1/2, par. 12-600)
Sec. 12-600.
(Repealed).
(Source: P.A. 86-498. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
Sec. 12-601. Horns and warning devices.
(a) Every motor vehicle when
operated upon a highway shall be equipped with a horn in good working order
and capable of emitting sound audible under normal conditions from a distance
of not less than 200 feet, but no horn or other warning device shall emit an
unreasonable loud or harsh sound or a whistle. The driver of a motor vehicle
shall when reasonably necessary to insure safe operation give audible warning
with his horn but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use upon a
vehicle
any siren, whistle, or bell, except as otherwise permitted in this Section.
Any authorized emergency vehicle or organ transport vehicle as defined in
Chapter 1 of this Code or a vehicle operated by a fire chief, deputy fire chief, assistant fire chief, or the Director or Coordinator of a municipal or county emergency services and disaster agency may be
equipped with a siren, whistle, or bell capable of emitting sound audible
under normal conditions from a distance of not less than 500 feet, but such
siren, whistle, or bell shall not be used except when such vehicle is operated
in response to an emergency call or in the immediate pursuit
of an actual or
suspected violator of the law in either of which events the driver of such
vehicle shall sound such siren, whistle, or bell when necessary to warn
pedestrians and other drivers of the approach thereof.
(c) Trackless trolley coaches, as defined by Section 1-206 of this Code,
and replica trolleys, as defined by Section 1-171.04 of this Code, may
be equipped with a bell or bells in lieu of a horn, and may, in addition to
the requirements of subsection (a) of this Section, use a bell or bells for the
purpose of indicating arrival or departure at designated stops during the hours
of scheduled operation.
(Source: P.A. 102-448, eff. 1-1-22.)
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(625 ILCS 5/12-601.1)
Sec. 12-601.1. Traffic control signal preemption devices.
(a) As used in this Section, "traffic control signal preemption device"
means any
device,
either mechanical or electrical, that emits a pulse of light or other signal
that, when
received by a detector attached to a traffic control signal, changes that
traffic control signal to a green
light or, if the traffic control signal is already green, extends the duration
of the green
light.
(b) Except as provided in subsection (d), a traffic control signal
preemption
device may not be installed on a motor vehicle, may not be transported in the
passenger compartment of a motor vehicle, and may not be operated by the
driver or passenger of a motor vehicle.
Violation of this subsection (b) is a Class A misdemeanor, punishable by
a fine of $1,000 in addition to any other penalty that may be imposed.
(c) A retailer or manufacturer may not sell a traffic control signal
preemption device to any person or entity for any intended use other than
operation as permitted under subsection (d).
Violation of this subsection (c) is a Class A misdemeanor, punishable by a
fine of $5,000 for each sale of each device, in addition to any other penalty
that may be imposed.
(d) Installation of a traffic control signal preemption device is permitted
on the
following vehicles, and operation of the device is permitted as follows:
(1) Police department vehicles, when responding to a | ||
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(2) Law enforcement vehicles of State or local | ||
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(3) Vehicles of local fire departments, fire | ||
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(4) Vehicles that are designed and used exclusively | ||
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(5) Vehicles that are equipped and used exclusively | ||
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(6) Vehicles of the Illinois Emergency Management | ||
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(7) Commuter buses owned by any political subdivision | ||
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(8) Vehicles used for snow removal owned by any | ||
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(e) This Section does not prohibit use by motorcycles of electronic or
magnetic safety devices designed to allow traffic control signal systems to
recognize or detect motorcycles.
(Source: P.A. 102-842, eff. 1-1-23.)
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(625 ILCS 5/12-601.2)
Sec. 12-601.2. (Repealed).
(Source: P.A. 94-373, eff. 1-1-06. Repealed by P.A. 99-576, eff. 7-15-16.)
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(625 ILCS 5/12-602) (from Ch. 95 1/2, par. 12-602)
Sec. 12-602.
Mufflers, prevention of noise.
Every motor vehicle driven or operated upon the highways of this State
shall at all times be equipped with an adequate muffler or exhaust system
in constant operation and properly maintained to prevent any excessive or
unusual noise. No such muffler or exhaust system shall be equipped with a
cutout, bypass or similar device. No person shall modify the exhaust system
of a motor vehicle in a manner which will amplify or increase the noise of
such vehicle above that emitted by the muffler originally installed on the
vehicle, and such original muffler shall comply with all the requirements
of this Section.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-602.1)
Sec. 12-602.1. Excessive engine braking noise signs. (a) A county or municipality may post signs that prohibit the driver of a commercial vehicle, as defined in Section 1-111.8 of this Code, from operating or actuating any engine braking system that emits excessive noise. The Department of Transportation may erect and maintain
the signs on interstate highways near weigh stations that
are adjacent to residential areas or communities. (b) The sign shall state, "EXCESSIVE ENGINE BRAKING NOISE PROHIBITED". The Department of Transportation shall adopt rules providing for the
erection and placement of these signs. (c) This Section does not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise. (d) It is a defense to this Section that the driver used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle on the highway. (e) A violation of this Section is an equipment violation punishable by a fine of $75.
(Source: P.A. 96-523, eff. 1-1-10.) |
(625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
Sec. 12-603.
Seat safety belts.
(a) No person shall sell any 1965 or later model motor vehicle of the
first division unless the front seat of such motor vehicle is equipped with
2 sets of seat safety belts. Motorcycles are exempted from the provisions
of this Section.
(b) No person shall operate any 1965 or later model motor
vehicle of the
first division that is titled or licensed by the Secretary of State unless
the front seat of such motor vehicle is equipped with 2 sets of seat safety
belts.
(b-5) No person under the age of 18 years shall operate
any motor vehicle, except a motor driven cycle or motorcycle, with more than
one
passenger in the front seat of the motor vehicle and no more
passengers in the back seats than the number of available seat safety belts,
except that each driver
under the age of 18 years operating a second division vehicle having a gross
vehicle weight rating of 8,000 pounds or less that contains only a front seat
may operate the vehicle with more than one passenger in the front seat,
provided that each passenger is wearing a properly adjusted and fastened seat
safety belt.
(c) (Blank).
(d) The Department shall establish performance specifications for seat
safety belts and for the attachment and installation thereof.
(Source: P.A. 89-120, eff. 7-7-95; 90-89, eff. 1-1-98; 90-369, eff. 1-1-98;
90-655, eff. 7-30-98.)
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(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use safety belts,
exceptions and penalty. (a) Each driver and passenger of a motor vehicle operated on a
street or highway in this State shall wear a properly adjusted and
fastened seat safety belt. A child less than 8 years of age shall
be protected as required pursuant to the Child Passenger Protection Act.
Each driver of a motor vehicle transporting a child 8 years of age or
more, but less than 16 years of age,
shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act. Each driver of a motor vehicle transporting a passenger who is unable, due to infirmity, illness, or age, to properly adjust and
fasten a seat
safety belt and is not exempted from wearing a seat safety belt under subsection (b)
shall secure the passenger in a properly adjusted and fastened seat safety belt as required under this Section.
(b) Paragraph (a) shall not apply to any of the following:
1. A driver or passenger frequently stopping and | ||
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2. A driver or passenger possessing a written | ||
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3. A driver or passenger possessing an official | ||
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4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A moped.
8. A motor vehicle which is not required to be | ||
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9. A motor vehicle operated by a rural letter carrier | ||
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10. A driver or passenger of an authorized emergency | ||
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11. A back seat passenger of a taxicab. (c) Failure to wear a seat safety belt in violation of this Section
shall not be considered evidence of negligence, shall not limit the
liability of an insurer, and shall not diminish any recovery for damages
arising out of the ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense and subject to a
fine not to exceed $25.
(e) (Blank).
(f) A law enforcement officer may not search or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of this
Section.
(Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11; 98-451, eff. 8-16-13.)
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(625 ILCS 5/12-604)
Sec. 12-604. (Repealed).
(Source: P.A. 88-415. Repealed by P.A. 94-185, eff. 1-1-06.)
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(625 ILCS 5/12-604.1) Sec. 12-604.1. Video devices. (a) A person may not operate a motor vehicle if a television receiver, a video monitor, a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle.
(a-5) A person commits aggravated use of a video device when he or she violates subsection (a) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (b) This Section does not apply to the following equipment, whether or not permanently installed in a vehicle:
(1) a vehicle information display;
(2) a global positioning display;
(3) a mapping or navigation display;
(4) a visual display used to enhance or supplement | ||
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(5) television-type receiving equipment used | ||
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(6) a television receiver, video monitor, television | ||
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(c) This Section does not apply to a mobile, digital terminal installed in an authorized emergency vehicle, a motor vehicle providing emergency road service or roadside assistance, or to motor vehicles utilized for public transportation. (d) This Section does not apply to a television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal if: (i) the equipment is permanently installed in the motor vehicle; and (ii) the moving entertainment images that the equipment displays are not visible to the driver while the motor vehicle is in motion. (d-5) This Section does not apply to a video event recorder, as defined in Section 1-218.10 of this Code, installed in a contract carrier vehicle. (e) Except as provided in subsection (f) of this Section, a person convicted of violating this Section is guilty of a petty offense and shall be fined not more than $100 for a first offense, not more than $200 for a second offense within one year of a previous conviction, and not more than $250 for a third or subsequent offense within one year of 2 previous convictions.
(f) A person convicted of violating subsection (a-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (a-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/12-604.3) Sec. 12-604.3. Video event recorder notice. A contract carrier vehicle carrying passengers that is equipped with a video event recorder shall have a notice posted in a visible location stating that a passenger's conversation may be recorded. Any data recorded by a video event recorder shall be the sole property of the registered owner or lessee of the contract carrier vehicle.
(Source: P.A. 99-689, eff. 1-1-17.) |
(625 ILCS 5/12-605) (from Ch. 95 1/2, par. 12-605)
Sec. 12-605.
Taxicabs-Bullet proof shields.
In municipalities with 1,000,000 or more population, any taxicab
manufactured, owned or operated after September 1, 1970, and regularly
operated in such a municipality must have a bullet proof shield
completely separating the driver's seat from the back seat.
(Source: P.A. 80-911.)
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(625 ILCS 5/12-605.1) (from Ch. 95 1/2, par. 12-605.1)
Sec. 12-605.1.
(a) On or after two years from the effective date of this
Act, no bus which was first placed in service after July 1, 1969, or which
has undergone complete renovation and restoration since July 1, 1969 shall
be operated as a part of any local mass transit system in this State unless
the vehicle is equipped with radio facilities permitting two-way vocal
communications
between the bus and a local transit control office. This Section does not apply to buses used for charter
service, school buses, intrastate carriers while not providing transportation
services pursuant to contracts with any local mass transit system, private
non-profit carriers receiving assistance under Section 16(b)2 of the Urban
Mass Transportation Act of 1964 as amended, carriers receiving assistance
pursuant to Article III of the Downstate Public Transportation Act, or
interstate
carriers and buses owned by a private local mass transit system;
(b) A local mass transit system operating a bus not in compliance
with the requirements of subsection (a) shall not be in violation of that
subsection, provided that the bus is brought into compliance within a
reasonable
time (in no event to exceed 1 week) following written notification to the
mass transit system of the fact that the bus is not in compliance.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-605.2) (from Ch. 95 1/2, par. 12-605.2)
Sec. 12-605.2.
Beginning 30 days after the effective date of this
amendatory Act of 1988, no person shall consume any food or drink,
excluding any medicine, upon any bus operated as a part of any local mass
transit system in this State. This Section does
not apply to buses used for charter service, school buses, intrastate
carriers while not providing transportation services pursuant to contracts
with any local mass transit system, and private non-profit carriers.
Persons found guilty of violating this Section shall be fined $100.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
Sec. 12-606. Tow trucks; identification; equipment; insurance.
(a) Every tow truck, except those owned by governmental agencies, shall
have displayed on each side thereof, a sign with letters not less than 2
inches in height, contrasting in color to that of the background, stating
the full legal name, complete address (including street address and
city), and telephone number of the owner or operator thereof.
This information shall be permanently affixed to the sides of the tow
truck.
(b) Every tow truck shall be equipped with:
(1) One or more brooms and shovels;
(2) One or more trash cans of at least 5 gallon | ||
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(3) One fire extinguisher. This extinguisher shall | ||
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(i) of the dry chemical or carbon dioxide type | ||
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(ii) One that meets the requirements of the | ||
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(c) Every owner or operator and driver of a tow truck shall comply with
Section 11-1413 of this Code and shall remove or cause to be removed all
glass and debris, except any (i) hazardous substance as defined in Section
3.215 of the Environmental Protection Act, (ii) hazardous waste as
defined in Section 3.220 of the Environmental Protection Act, and
(iii) medical samples or waste, including but not limited to any blood samples,
used syringes, other used medical supplies, or any other potentially infectious
medical waste as defined in Section 3.360 of the Environmental
Protection Act, deposited upon any street or highway by the disabled vehicle
being serviced, and shall in addition, spread dirt or sand or oil absorbent
upon that portion of any street or highway where oil or grease has been
deposited by the disabled vehicle being serviced.
(d) Every tow truck operator shall in addition file an indemnity bond,
insurance policy, or other proof of insurance in a form to be prescribed
by the Secretary for: garagekeepers liability insurance, in an amount
no less than a combined single limit of $500,000, and truck (auto)
liability insurance in an amount no less than a combined single limit of
$500,000, on hook coverage or garagekeepers coverage in an amount of no less
than $25,000 which shall indemnify or
insure the tow truck operator for the following:
(1) Bodily injury or damage to the property of others.
(2) Damage to any vehicle towed by the tower.
(3) In case of theft, loss of, or damage to any | ||
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(4) In case of injury to or occupational illness of | ||
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Any such bond or policy shall be issued only
by a bonding or insuring firm authorized to do business as such in
the State of Illinois, and a certificate of such bond or policy shall be
carried in the cab of each tow truck.
(e) The bond or policy required in subsection (d) shall provide that
the insurance carrier may cancel it
by serving previous notice, as required by Sections 143.14 and 143.16 of
the Illinois Insurance Code, in writing, either personally or by
registered mail, upon the owner or operator of the motor vehicle and upon
the Secretary of State. Whenever any such bond or policy shall be so
cancelled, the Secretary of State shall mark the policy "Cancelled" and shall
require such owner or operator either to furnish a new bond or policy, in
accordance with this Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/12-607) (from Ch. 95 1/2, par. 12-607)
Sec. 12-607.
Suspension System.
(a) It shall be unlawful to operate a motor vehicle on any highway of
this State when the suspension system has been modified from the original
manufactured design by lifting the body from the chassis in excess of 3
inches or to cause the horizontal line from the front to the rear bumper to
vary over 3 inches in height when measured from a level surface of the
highway to the lower edge of the bumper, except that
it is unlawful to operate a
street rod or custom
vehicle
when the suspension system has been modified from the original
manufactured design
so that the
horizontal line from the front to the rear bumper varies
over 7 inches in height when measured from a level surface of the
highway to the lower edge of the bumper.
(b) Nothing in this Section shall prevent the installation of
manufactured heavy duty equipment to include shock absorbers and overload
springs, nor shall anything contained in this Section prevent a person to
operate a motor vehicle on any highway of this State with normal wear of
the suspension system if normal wear does not affect the control or safe
operation of the vehicle. This Section shall not apply to motor vehicles
designed or modified primarily for off-highway racing purposes while such
vehicles are in tow or to motorcycles or motor driven cycles.
(Source: P.A. 92-668, eff. 1-1-03.)
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(625 ILCS 5/12-607.1) (from Ch. 95 1/2, par. 12-607.1)
Sec. 12-607.1.
Frame and floor height.
(a) No person shall operate
upon a highway a first division vehicle which has
a clearance between the frame and ground in excess of 22 inches. The
lowest portion of the body floor shall not be more than 4 inches above the
top of the frame. No such vehicle shall be modified to cause the vehicle
body or chassis to come in contact with the ground, expose the fuel tank to
damage from collision or cause the wheels to come in contact with the body
under normal operation.
(b) No person shall operate upon a highway a second division vehicle
which has a clearance between the frame and ground
which is in excess of the limits specified within this subsection for its
gross vehicle weight rating (GVWR) category. For the purpose of this section,
GVWR means the manufacturer's gross vehicle weight rating whether or not
the vehicle is modified by the use of parts not originally
installed by the manufacturer. The stacking or attaching of vehicle frames
(one frame on top of or beneath another frame) is prohibited. No portion of
the body floor shall be
raised above the frame.
(1) The frame height of second division vehicles, whose GVWR is under
4,500 pounds, shall be no more than 24 inches.
(2) The frame height of second division vehicles, whose GVWR is more
than 4,500 pounds and less than 7,500 pounds, shall be no more than 26 inches.
(3) The frame height of second division vehicles, whose GVWR is more
than 7,500 pounds and less than 10,000 pounds, shall be no more than 28 inches.
(c) Under subsections (a) or (b) of this Section, measurements shall
be made when a vehicle is unladen on a
level surface at the lowest point from the bottom of the original vehicle
manufacturer's
longitudinal frame rail between the front axle and second axle
on the vehicle.
(d) This Section does not apply to specially designed or modified
motor vehicles when operated off the highways. Such motor vehicles may be
transported upon the highway only by use of a trailer or semitrailer. The
specially designed or modified motor vehicle may also be transported upon
another vehicle, providing that the entire weight of the specifically
designed or modified vehicle is resting upon the transporting vehicle.
(e) Any violation of this Section is a Class C misdemeanor. A second
conviction under this Section shall be punished with a fine of not less
than $500. An officer making an arrest under this Section shall order the
vehicle driver to remove the vehicle from the highway. A person convicted
under this Section shall be ordered to bring his vehicle into compliance
with this Section.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
Sec. 12-608. Bumpers.
(a) It shall be unlawful to operate any motor
vehicle with a gross vehicle weight rating of 9,000 pounds or less or
any motor vehicle registered as a recreational vehicle under this Code
on any highway of this State unless such motor vehicle is equipped with
both a front and rear bumper.
Except as indicated below, maximum bumper heights of such motor vehicles
shall be determined by weight category of gross vehicle weight rating (GVWR)
measured from a level surface to the highest point of the bottom of the
bumper when the vehicle is unloaded and the tires are inflated to the
manufacturer's recommended pressure.
Maximum bumper heights are as follows:
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It is unlawful to operate upon any highway of this State any vehicle
with a front bumper height that exceeds 28 inches or a rear bumper height
that exceeds 30 inches, regardless of the GVWR of the vehicle, except those
vehicles covered by Chapter 18b of this Code.
For any vehicle with bumpers or attaching components which have been
modified or altered from the original manufacturer's design in order to
conform with the maximum bumper requirements of this section, the bumper
height shall be measured from a level surface to the bottom of the vehicle
frame rail at the most forward and rearward points of the frame rail. The
bumper on any vehicle so modified or altered shall be at least 4.5 inches
in vertical height and extend no less than the width of the respective
wheel tracks outermost distance.
However, nothing in this Section shall prevent the installation of
bumper guards.
(b) This Section shall not apply to street rods, custom vehicles, motor
vehicles designed or modified
primarily for off-highway purposes while such vehicles are in tow or
to motorcycles or motor driven cycles, nor to
motor vehicles registered as antique vehicles
or expanded-use antique vehicles when the original
design of such antique vehicles or expanded-use antique vehicles did not include bumpers. The provisions of
this
Section shall not apply to any motor vehicle driven during the first 1000
recorded miles of that vehicle, when such vehicle is owned or
operated by a manufacturer, dealer or transporter displaying a special
plate or plates as described in Chapter 3 of this Code while such vehicle
is (1) being delivered from the manufacturing or assembly plant directly to the
purchasing dealer or distributor, or from one dealership or distributor to
another; (2) being moved by the most direct route from one location to
another for the purpose of installing special bodies or equipment; or (3) being
driven for purposes of demonstration by a prospective buyer with the dealer
or his agent present in the cab of the vehicle during the demonstration.
The dealer shall, prior to the receipt of any deposit made or any
contract signed by the buyer to secure the purchase of a vehicle,
inform such buyer, by written statement signed by the purchaser to indicate
acknowledgement of the contents thereof, of the legal requirements of this
Section regarding front and rear bumpers if such vehicle is not to be
equipped with bumpers at the time of delivery.
(c) Any violation of this Section is a Class C misdemeanor. A second
conviction under this Section shall be punishable with a fine of not less
than $500. An officer making an arrest under this Section shall order the
vehicle driver to remove the vehicle from the highway. A person convicted
under this Section shall be ordered to bring his vehicle into compliance
with this Section.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-609) (from Ch. 95 1/2, par. 12-609)
Sec. 12-609.
(a) No official or employee of the State, any
political subdivision thereof,
any county, municipality, or local authority,
and no
owner or employee of any new vehicle dealer, used vehicle dealer, or vehicle
auctioneer shall
sell, trade or otherwise dispose of any motor
vehicle bearing equipment, markings, or other indicia of police
authority unless, prior to delivery of the vehicle, the equipment and
markings have been sufficiently altered or obliterated to remove the
appearance of such authority.
(b) A person may not operate on the highways of this State a vehicle
bearing the equipment, markings, or other indicia of police authority, unless
the vehicle is an authorized emergency vehicle as defined in Section 1-105 of
this Code.
(c) This Section does not apply to vehicles bearing indicia of police
authority that are antique vehicles, as defined in Section 1-102.1, and are
registered as antique vehicles, as provided in Section 3-804.
(c-5) Nothing in this Section shall prohibit a manufacturer of authorized emergency vehicle equipment, markings, or other indicia, or the manufacturer's representative or authorized vendor, from temporarily mounting
the equipment, markings, or other indicia on a vehicle for demonstration purposes only. If the equipment, markings, or other indicia are not covered while the vehicle is operated upon a highway, the vehicle shall display signage indicating that the vehicle is out of service or not an emergency vehicle. The signage shall be displayed on all sides of the vehicle in letters at least 2 inches tall and one-half inch wide. (d) Any police officer is authorized to seize any vehicle that is in
violation of this Section and to impound that vehicle, at the owner's expense,
until any equipment, markings, or other indicia of police authority have been
sufficiently removed, altered, or obliterated to remove the appearance of
police
authority.
(e) A person convicted of violating this Section is guilty of a petty
offense and subject to a fine of not less than $500 and not more than $1,000.
(Source: P.A. 97-1173, eff. 1-1-14.)
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(625 ILCS 5/12-610) (from Ch. 95 1/2, par. 12-610)
Sec. 12-610. Headset receivers.
(a) Except as provided
under Section 11-1403.3, no driver of a motor vehicle on
the highways of this State shall wear headset receivers while driving.
(b) This Section does not prohibit the use of a headset type
receiving equipment used exclusively for safety or traffic engineering
studies, by law enforcement personnel on duty, or emergency
medical services and fire service personnel.
(c) This Section does not prohibit the use of any single sided headset
type receiving and transmitting equipment designed to be used in or on one
ear which is used exclusively for providing two-way radio vocal
communications by an individual in possession of a current and valid novice
class or higher amateur radio license issued by the Federal Communications
Commission and an amateur radio operator special registration plate or digital registration plate issued
under Section 3-607 of this Code.
(d) This Section does not prohibit the use of a single-sided headset or
earpiece with
a cellular or other mobile telephone.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/12-610.1) Sec. 12-610.1. Wireless telephones. (a) As used in this Section, "wireless telephone" means
a device that is capable of transmitting or receiving
telephonic communications without a wire connecting the
device to the telephone network. (b) A person under the age of 19 years who holds an instruction permit issued under Section 6-105 or 6-107.1, or a person under the age of 19 years who holds a graduated license issued under Section 6-107, may not drive a vehicle on a roadway while using a wireless phone.
(b-5) A person under the age of 19 commits aggravated use of a wireless telephone when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (c) This Section does not apply to a person under the age of 19 years using a
wireless telephone for emergency purposes, including, but not
limited to, an emergency call to a law enforcement agency,
health care provider, fire department, or other emergency
services agency or entity.
(d) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of paragraph (b) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code.
(e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a roadway in a school speed
zone established under Section 11-605, on a highway in a construction or
maintenance speed zone established under Section 11-605.1, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle as defined by Section 1-105 of this Code is
present and has activated its oscillating, rotating, or flashing lights.
This subsection (e) does not apply to (i) a person engaged in a
highway construction or maintenance project for which a
construction or maintenance speed zone has been established
under Section 11-605.1, (ii) a person using a wireless
telephone for emergency purposes, including, but not limited to,
law enforcement agency, health care provider, fire department, or other emergency services agency or entity, (iii) a law enforcement officer or operator of an emergency vehicle when performing the officer's or operator's official duties, (iv) a person using a wireless telephone in voice-operated mode, which may include the use of a headset, (v) a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication, or (vi) a person using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation. (e-5) A person commits aggravated use of a wireless telephone when he or she violates subsection (e) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (f) A person convicted of violating subsection (b-5) or (e-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) or (e-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices. (a) As used in this Section: "Electronic communication device" means an electronic device, including, but not limited to, a hand-held wireless telephone, hand-held personal digital assistant, tablet, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. (b) A person may not operate a motor vehicle on a roadway while using an electronic communication device, including using an electronic communication device to watch or stream video, participate in any video conferencing application, including, but not limited to, Zoom, Microsoft Teams, or WebEx, or access any social media site, including, but not limited to, Facebook, Snapchat, Instagram, or Twitter. The exemptions in paragraphs (3) and (9) of subsection (d) do not apply when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site. (b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she is involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation is a proximate cause of the injury or death. (c) A violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense, except that a person who violates subsection (b-5) shall be assessed a minimum fine of $1,000. (d) This Section does not apply to: (1) a law enforcement officer or operator of an | ||
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(1.5) a first responder, including a volunteer first | ||
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(2) a driver using an electronic communication device | ||
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(3) a driver using an electronic communication device | ||
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(4) a driver of a commercial motor vehicle reading a | ||
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(5) a driver using an electronic communication device | ||
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(6) a driver using an electronic communication device | ||
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(7) a driver using two-way or citizens band radio | ||
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(8) a driver using two-way mobile radio transmitters | ||
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(9) a driver using an electronic communication device | ||
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(10) a driver using an electronic communication | ||
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(e) A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; 103-310, eff. 1-1-24.) |
(625 ILCS 5/12-610.5)
Sec. 12-610.5. (Repealed).
(Source: P.A. 97-672, eff. 7-1-12. Repealed by P.A. 97-743, eff. 1-1-13.)
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(625 ILCS 5/12-611) (from Ch. 95 1/2, par. 12-611)
Sec. 12-611.
No driver of any motor vehicle within this State shall
operate or permit operation of any sound amplification system which can be
heard outside the vehicle from 75 or more feet when the vehicle is being
operated upon a highway, unless such system is being operated to
request assistance or warn of a hazardous situation.
This Section does not apply to authorized emergency vehicles.
Any violation of the provisions of this Section shall be a petty
offense punishable by a fine not to exceed $50.
(Source: P.A. 91-919, eff. 1-1-01.)
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(625 ILCS 5/12-612)
Sec. 12-612. False or secret compartment in a vehicle.
(a) Offenses. It is unlawful for any person: (1) to own or operate with criminal intent any | ||
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(2) to install, create, build, or fabricate in any | ||
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(b) Definitions. For purposes of this Section: (1) "False or secret compartment" means an enclosure | ||
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(2) "Vehicle" means any of the following vehicles | ||
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(c) Forfeiture. Any vehicle containing a false or secret compartment used in violation of this Section,
as well as any items within that compartment, shall be subject to seizure by
the Illinois State Police or by any municipal or other local law
enforcement agency within whose jurisdiction that property is found as provided
in Sections 36-1 and 36-2 of the Criminal Code of 2012. The removal of the false or secret compartment from the
vehicle, or the promise to do so, shall not be the basis for a defense to
forfeiture of the motor vehicle under Section 36-2 of the Criminal Code of 2012
and shall not be the basis for the court to release the vehicle to the owner.
(d) Sentence. A violation of this Section is a Class 4 felony. The sentence imposed for violation of this Section shall be served consecutively to any other sentence imposed in connection with the firearm, controlled substance, or other contraband concealed in the false or secret compartment. (e) For purposes of this Section, a new owner is not responsible for any conduct that occurred or knowledge of conduct that occurred prior to transfer of title.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/12-613) Sec. 12-613. Possession and use of radar or laser jamming devices prohibited. (a) Except as provided in subsection (b), a person may not operate or be in actual physical control of a motor vehicle while
the motor vehicle is equipped with any instrument designed to interfere
with microwaves or lasers at frequencies used by police radar for the purpose
of
monitoring vehicular speed. (b) A person operating a
motor vehicle who
possesses within the vehicle a radar or laser jamming device that is
contained
in a
locked opaque box or similar container, or that is not in the passenger
compartment of the vehicle, and that is not in operation, is not in
violation of this Section.
(c) Any person found guilty of violating this Section is guilty of a
petty offense. A minimum fine of $50 shall be imposed for a first offense
and a minimum fine of $100 for a second or subsequent offense.
(d) The radar or laser jamming device or mechanism shall be seized by
the
law
enforcement officer at the time of the violation. This Section does not authorize the permanent forfeiture to the State of any
radar or laser jamming device or mechanism. The device or mechanism
shall
be
taken and held for the period when needed as evidence. When no longer
needed for evidence, the defendant may petition the court for the return of
the device or mechanism. The defendant, however, must prove to the court by
a preponderance of the evidence that the device or mechanism will be used
only for a legitimate and lawful purpose.
(e) A law enforcement officer may not stop or search any motor vehicle or the driver of any motor vehicle solely on the basis of a
violation or suspected violation of this Section.
(Source: P.A. 94-594, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(625 ILCS 5/Ch. 12 Art. VII heading) ARTICLE VII.
SPECIAL REQUIREMENTS FOR
VEHICLES OF THE SECOND DIVISION
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(625 ILCS 5/12-701) (from Ch. 95 1/2, par. 12-701)
Sec. 12-701.
Tractors, traction engines and motor trucks-Operation
on highways-Turning on highways during farming operations-Violations.
No tractor, traction engine, motor truck or other similar vehicle
shall be operated across, over or along any public highway of this State
which has been oil-treated, if any such vehicle has on the periphery of
any of the road wheels any block, stud, flange, cleat, ridge, lug, or
any projection of metal or wood which projects radially beyond the tread
or traffic surface of the tire; except that this prohibition shall not
apply to tractors or traction engines equipped with what is known as
crawler type tractors, when the same does not contain any projections of
any kind likely to injure the surface of the road, nor to tractors,
traction engines and similar vehicles which have upon their road wheels
V-shaped, diagonal or other cleats arranged in such a manner as to be
continuously in contact with the road surface. In no event shall the oil
mat surface of any oil-treated public road be used as an area or space
for turning any tractor or other farm machinery in carrying on or
performing any farming operations upon the adjacent land. Provided, that
nothing in this Section contained shall prohibit the operation of
tractors, traction engines or motor trucks across any oil-treated road
in order to reach adjacent lands or the operation of any such vehicles
upon the treated portion of such oil-treated roads if there is no
untreated portion thereof over which they may be operated or the
operation of any such vehicles on oil-treated roads if in passing along
said road they travel over the portion of said road which does not
constitute the oil mat surface created by said oil treatment or the use
of flexible tire chains on any tractor, traction engine, motor truck or
other similar vehicle being operated upon any such oil-treated road.
It is unlawful for any person to operate any tractor, traction engine, motor truck or
other similar vehicle over and along any public highway of this State,
which has been oil-treated, in violation of the provisions of this
Section.
(Source: P.A. 80-911.)
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(625 ILCS 5/12-702) (from Ch. 95 1/2, par. 12-702)
Sec. 12-702.
Certain vehicles to carry flares or other warning devices.
(a) No person shall operate any motor vehicle of the second division
weighing more than 8,000 pounds or any vehicle of the second division
weighing 8,000 pounds or less towing a trailer or
any motor vehicle towing a house trailer upon any highway outside an urban
district at any time unless there is carried in such vehicle the following
equipment, except as provided in paragraph (b) of this Section:
1. At least 3 liquid-burning flares, or 3 red | ||
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2. At least 3 red-burning 15-minute fusees unless red | ||
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3. At least 2 red-cloth flags, not less than 12 | ||
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(b) No person shall operate at the time and under the conditions stated
in paragraph (a) of this Section any motor vehicle used for the
transportation of explosives, any cargo tank truck used for the
transportation of flammable liquids or compressed gases or any motor
vehicle using compressed gas as a fuel unless there is carried in such
vehicle 3 red electric lanterns or 3 portable red emergency reflectors
meeting the requirements of paragraph (a) of this Section, and such vehicle
shall not carry any flares, fusees or signals produced by flame.
(c) Whenever any motor vehicle of the second division weighing more than
8,000 pounds or any vehicle of the second division weighing 8,000 pounds or
less towing a trailer or any motor
vehicle towing a house trailer is disabled upon the roadway of any highway
or the shoulder thereof outside an urban district or on any controlled
access highway within an urban district at any time when lighted lamps are
required, the driver of such vehicle shall display the following warning
devices upon the highway during the time the vehicle is so disabled, except
as provided in paragraph (d) of this Section:
1. A lighted fusee, a lighted red electric lantern or | ||
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2. As soon thereafter as possible, but in any event | ||
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One approximately 100 feet from the disabled vehicle | ||
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One approximately 100 feet in the opposite direction | ||
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One at the traffic side of the disabled vehicle not | ||
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(d) Whenever any vehicle referred to in this Section is disabled within
500 feet of a curve, hill crest or other obstruction to view, the warning
signal in that direction shall be so placed as to afford ample warning to
other users of the highway, but in no case less than 100 feet nor more than
500 feet from the disabled vehicle.
(e) Whenever any vehicle of a type referred to in this Section is
disabled upon any roadway or shoulder of a divided highway during the time
that lighted lamps are required, the appropriate warning devices prescribed
in paragraph (a) (1) and (2) of this Section shall be placed as follows:
One at a distance of approximately 200 feet from the vehicle in the
center of the lane or shoulder occupied by the stopped vehicle and in the
direction of traffic approaching in that lane; and
One at a distance of approximately 100 feet from the vehicle in the
center of the lane or shoulder occupied by the vehicle and in the direction
of traffic approaching in that lane; and
One at the traffic side of the vehicle and approximately 10 feet from
the vehicle in the direction of the nearest approaching traffic.
(f) Whenever any vehicle of a type referred to in this Section is
disabled upon the roadway of any highway or the shoulder thereof outside an
urban district or on any controlled access highway within an urban district
at any time when the display of fusees, flares, red electric lanterns or
portable red emergency reflectors are not required, the driver of the
vehicle shall display 2 red-cloth flags or 2 portable emergency reflectors
meeting the requirements of Federal Motor Vehicle Safety Standard No. 125
upon the roadway or shoulder in the lane of traffic occupied by the
disabled vehicle in the following order:
One at a distance of approximately 100 feet in advance of the vehicle;
and
One at a distance of approximately 100 feet in the rear of the vehicle.
(g) Whenever any vehicle of a type referred to in this Section is
disabled upon any roadway or shoulder of a divided highway during the time
that lighted lamps are not required, the driver of such vehicle shall
display 2 red-cloth flags or 2 portable emergency reflectors meeting the
requirements of Federal Motor Vehicle Safety Standard No. 125 upon the
roadway or shoulder in the center of the lane of traffic occupied by the
disabled vehicle in the following order:
One at a distance of approximately 200 feet to the rear of the vehicle;
and
One at a distance of approximately 100 feet to the rear of the vehicle.
(h) Whenever any motor vehicle used for the transportation of
explosives, or any cargo tank truck used for the transportation of any
flammable liquid or compressed flammable gas or any motor vehicle using
compressed gas as a fuel is disabled upon a highway of this State at any
time or place mentioned in paragraph (c) of this Section, the driver of
such vehicle shall immediately display 3 red electric lanterns or portable
red emergency reflectors placed in the following order:
One at the traffic side of the vehicle and approximately 10 feet from
the vehicle in the direction of the nearest approaching traffic; and
One at a distance of approximately 100 feet to the front of the disabled
vehicle in the center of the lane of traffic or shoulder occupied by such
vehicle; and
One at a distance of approximately 100 feet to the rear of the disabled
vehicle in the center of the lane of traffic or shoulder occupied by such
vehicle. Flares, fusees or signals produced by flame shall not be used as
warning devices for disabled vehicles of the type mentioned in this
paragraph.
(i) The flares, fusees, red electric lanterns, portable red emergency
reflectors and flags to be displayed as required in this Section shall
conform with the requirements of paragraphs (a) and (b) of this Section
applicable thereto.
(Source: P.A. 89-687, eff. 6-1-97.)
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(625 ILCS 5/12-703) (from Ch. 95 1/2, par. 12-703)
Sec. 12-703.
Road oil vehicles-Dripping on certain highways forbidden.
No person shall operate, on a durable all-weather highway of a type
other than gravel or crushed stone, any vehicle used for the purpose of
applying road oil, liquid asphalt or similar material to road surfaces
unless such vehicle is so equipped as to absolutely prevent such material
from dripping on such highway, nor shall such material be allowed to drip
on any such highway.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-704) (from Ch. 95 1/2, par. 12-704)
Sec. 12-704.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/12-704.1) (from Ch. 95 1/2, par. 12-704.1)
Sec. 12-704.1.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/12-704.3) (from Ch. 95 1/2, par. 12-704.3)
Sec. 12-704.3.
Motor vehicles using alternate fuels; markings.
Notwithstanding any other regulation or requirement, every motor vehicle using
liquefied petroleum gas or compressed natural gas must be marked in accordance
with guidelines established by the National Fire Protection Association's
(NFPA) standards for the Storage and Handling of Liquefied Petroleum Gases and
for Compressed Natural Gas Vehicular Fuel Systems and published by that body as
NFPA 58 and NFPA 52 dated February 10, 1992 and August 14, 1992, respectively.
The sign or decal shall be maintained in good legible condition. A sign
or decal that is deteriorated or defaced so as to impair its legibility,
quick recognition, or meaning shall be replaced by a new sign or decal.
(Source: P.A. 88-415.)
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(625 ILCS 5/12-705) (from Ch. 95 1/2, par. 12-705)
Sec. 12-705.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/12-705.1)
Sec. 12-705.1. Required use of biodiesel by certain vehicles. (a) Beginning July 1, 2006, any diesel powered vehicle owned or operated by this State, any county or unit of local government, any school district, any community college or public college or university, or any mass transit agency must, when refueling at a bulk central fueling facility, use a biodiesel blend that contains 5% biodiesel, as those terms are defined in the Illinois Renewable Fuels Development Program Act, where available, unless the engine is designed or retrofitted to operate on a higher percentage of biodiesel or on ultra low sulfur fuel. (b) Nothing in this Section prohibits any unit of government from using a biodiesel blend containing more than 2% biodiesel. (c) As used in this Section, a "bulk central fueling facility" means a non-commercial fueling facility whose primary purpose is the fueling of vehicles owned or operated by the State, a county or unit of local government, a school district, a community college or public college or university, or a mass transit agency. (d) The Secretary of Transportation shall adopt rules for implementing this Section.
(Source: P.A. 96-281, eff. 8-11-09.) |
(625 ILCS 5/12-706) (from Ch. 95 1/2, par. 12-706)
Sec. 12-706.
Fire apparatus-Safety belts.
No fire apparatus equipped to carry firemen on the outside of such
vehicle on the sides, or rear, or both, shall be operated without first
installing on the fire apparatus on the sides and rear thereof a sufficient
number of safety belts and safety belt connections to protect the maximum
number of firemen who can occupy the sides and rear of such apparatus while
responding to alarms of fire. The municipality shall cause inspection of
such safety equipment at least semi-annually.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-707) (from Ch. 95 1/2, par. 12-707)
Sec. 12-707.
Vehicle passenger capacity.
No school
bus, commuter van or motor vehicle owned by or used for hire by and in
connection with the operation of private or public schools, day camps,
summer camps or nursery schools or in charter operations, and no commuter
van or passenger car used for a for-profit ridesharing arrangement, shall be
operated if it is occupied by more passengers than recommended by the
manufacturer thereof if the vehicle is manufactured as a passenger
vehicle; if the vehicle is manufactured for use other than passenger,
then it shall not accommodate more passengers than provided for by the
manufacturer in passenger vehicles of like style or rating.
(Source: P.A. 83-1091.)
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(625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
Sec. 12-707.01. Liability insurance. (a) No school bus, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, commuter van or
motor vehicle owned by or used for hire by and in connection with the
operation of private or public schools, day camps, summer camps or
nursery schools, and no commuter van or passenger car used for a for-profit
ridesharing arrangement, shall be operated for such purposes unless the owner
thereof shall carry a minimum of personal injury liability insurance in
the amount of $25,000 for any one person in any one crash, and
subject to the limit for one person, $100,000 for two or more persons
injured by reason of the operation of the vehicle in any one crash. This subsection (a) applies only to personal injury liability policies issued or renewed before January 1, 2013.
(b) Liability insurance policies issued or renewed on and after January 1, 2013 shall comply with the following: (1) except as provided in subparagraph (2) of this | ||
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(2) any vehicle that is used for a purpose that | ||
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(3) any commuter van or passenger car used for a | ||
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(c) Primary insurance coverage under the provisions of this Section must be provided by a licensed and admitted insurance carrier or an intergovernmental cooperative formed under Section 10 of Article VII of the Illinois Constitution, or Section 6 or 9 of the Intergovernmental Cooperation Act, or provided by a certified self-insurer under Section 7-502 of this Code. The excess or umbrella liability coverage requirement may be met by securing surplus line insurance as defined under Section 445 of the Illinois Insurance Code. If the excess or umbrella liability coverage requirement is met by securing surplus line insurance, that coverage must be effected through a licensed surplus line producer acting under the surplus line insurance laws and regulations of this State. Nothing in this subsection (c) shall be construed as prohibiting a licensed and admitted insurance carrier or an intergovernmental cooperative formed under Section 10 of Article VII of the Illinois Constitution, or Section 6 or 9 of the Intergovernmental Cooperation Act, or a certified self-insurer under Section 7-502 of this Code, from retaining the risk required under paragraphs (1) and (2) of subsection (b) of this Section or issuing a single primary policy meeting the requirements of paragraphs (1) and (2) of subsection (b). (d) Each owner of a vehicle required to obtain the minimum liability requirements under subsection (b) of this Section shall attest that the vehicle meets the minimum insurance requirements under this Section. The Secretary of State shall create a form for each owner of a vehicle to attest that the owner meets the minimum insurance requirements and the owner of the vehicle shall submit the form with each registration application. The form shall be valid for the full registration period; however, if at any time the Secretary has reason to believe that the owner does not have the minimum required amount of insurance for a vehicle, then the Secretary may require a certificate of insurance, or its equivalent, to ensure the vehicle is insured. If the owner fails to produce a certificate of insurance, or its equivalent, within 2 calendar days after the request was made, then the Secretary may revoke the vehicle owner's registration until the Secretary is assured the vehicle meets the minimum insurance requirements. If the owner of a vehicle participates in an intergovernmental cooperative or is self-insured, then the owner shall attest that the insurance required under this Section is equivalent to or greater than the insurance required under paragraph (1) of subsection (b) of this Section. The Secretary may adopt any rules necessary to enforce the provisions of this subsection (d). (Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/12-708) (from Ch. 95 1/2, par. 12-708)
Sec. 12-708.
Operator protective frames on tractor-mower
combinations.
No tractor unit over 16 engine horsepower designed for mowing or
tractor-mower combination unit over 16 engine horsepower owned or leased
by the Department, a municipal corporation or political subdivision
shall be operated for the purpose of mowing vegetation on highway
right-of-way unless the tractor of such unit is equipped with an
operator protective frame conforming to the specifications prescribed by
regulations under
the United States Occupational Safety and Health Act of 1970, as amended,
and with a seat safety belt.
The operator protective frame may be incorporated into a cab which
design shall conform to the specifications established by the United States
Occupational Safety and Health Act of 1970, as amended.
The seat safety belt must meet the requirements provided in Section
12-603 of this Act.
(Source: P.A. 81-435.)
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(625 ILCS 5/12-709) (from Ch. 95 1/2, par. 12-709)
Sec. 12-709. Slow-moving vehicle emblem.
(a) Every animal drawn vehicle, farm tractor, implement of husbandry and
special mobile equipment, when operated on a highway must display a
slow-moving vehicle emblem mounted on the rear except as provided in
paragraph (b) of this Section. Special mobile equipment is exempt when
operated within the limits of a construction or maintenance project where
traffic control devices are used in compliance with the applicable
provisions of the manual and specifications adopted under Section 11-301 of
the "Illinois Vehicle Code".
(b) Every vehicle or unit described in paragraph (a) of this Section
when operated in combination on a highway must display a slow-moving
vehicle emblem as follows:
1. Where the towed unit or any load thereon | ||
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2. Where the slow-moving vehicle emblem on the towing | ||
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3. A registered truck towed behind a farm tractor in | ||
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(c) The slow-moving vehicle emblem required by paragraphs (a) and (b) of
this Section must meet or exceed the specifications and mounting
requirements
established by the Department. Such specifications and mounting
requirements shall, on and before August 31, 2004, be based on the
specifications adopted by the American
Society of Agricultural Engineers and published by that body as ASAE S
276.2 dated March, 1968 or as ASAE S 276.5. On and after September 1, 2004,
the specifications and mounting requirements shall be based on the
specifications adopted by the American Society of Agricultural Engineers and
published by that body as ASAE S 276.5 NOV 97. No advertising or other
marking
shall appear upon
the emblem except that specified by the American Society of Agricultural
Engineers to identify the standard to which the material complies. Each
original package containing a slow-moving vehicle
emblem shall display a notice on the outside of the package stating
that such emblem shall only be used for the purposes stated in subsections
(a) and (b).
(d) A slow-moving vehicle emblem is intended as a safety identification
device and shall not be displayed on any vehicle nor displayed in any
manner other than as described in paragraphs (a), (b) and (c) of this
Section. A slow-moving vehicle emblem may not be displayed in public view from a highway on an object other than a vehicle or unit described in subsection (a) of this Section or a vehicle required to display a slow-moving vehicle emblem under subsection (e) of Section 11-1426.1 of this Code. A violation of this subsection (d) is a petty offense punishable by
a fine of $75.
(Source: P.A. 97-958, eff. 8-15-12.)
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(625 ILCS 5/12-710) (from Ch. 95 1/2, par. 12-710)
Sec. 12-710.
Rear fender splash guards.
It is unlawful for any person to operate any vehicle of the second
division, except a truck tractor, to which this Section is applicable upon
any highway of this State unless such vehicle is
equipped with rear fender splash guards of either the contour type or the
flap type which comply with the specifications provided in this Section for
the type of splash guards used on the vehicle, and which are so attached as
to prevent the splashing of mud or water upon the windshield of other motor
vehicles.
(a) Specifications for contour type splash guards. When contour type
rear fender splash guards are used, they shall contour the wheel in such a
manner that the relationship of the inside surface of any such splash guard
to the tread surface of the tire or wheel shall be relatively parallel,
both laterally and across the wheel, at least throughout the top 90 degrees
of the rear 180 degrees of the wheel surface; provided however, on vehicles
which have a clearance of less than 5 inches between the top of the tire or
wheel and that part of the body of the vehicle directly above the tire or
wheel when the vehicle is loaded to maximum legal capacity, the curved
portion of the splash guard need only extend from a point directly behind
the center of the rear axle and to the rear of the wheel surface upwards to
within at least 2 inches of the bottom line of the body when the vehicle is
loaded to maximum legal capacity. There shall be a downward extension of
the curved surface which shall end not more than 12 inches from the ground
when the vehicle is loaded to maximum legal capacity. This downward
extension shall be part of the curved surface or attached directly to such
curved surface, but it need not contour the wheel. Such contour type splash
guards shall be wide enough to cover the full tread width of the tire or
tires being protected and shall be installed not more than 6 inches from
the tread surface of the tire or wheel when the vehicle is loaded to
maximum legal capacity. The splash guard shall have a lip or flange on its
outside edge to minimize side throw and splash. The lip or flange shall
extend toward the center of the wheel, and shall be perpendicular to and
extend not less than 2 inches below the inside or bottom surface line or
plane of the guard. Such contour type splash guards may be constructed of
either a rigid or flexible material, but shall be attached in such a manner
that, regardless of movement either by the splash guards or the vehicle,
the splash guards will retain their general parallel relationship to the
tread surface of the tire or wheel under all ordinary operating conditions.
(b) Specifications for flap type splash guards. When flap type splash
guards are used, they shall be wide enough to cover the full tread width of
the tire or tires being protected; shall be so installed that they extend
from the underside of the vehicle in a vertical plane behind the rear
wheels to within 12 inches of the ground,
when the vehicle is loaded to
maximum legal capacity; shall be so constructed and attached so that when
the vehicle is in forward motion such splash guard will not deviate or move
backward from the vertical plane by an angle of more than 30 degrees
measured from the vertical plane and so that when the forward motion of the
vehicle causes such splash guard to deviate from the vertical plane, the
bottom of such flap type splash guard will not be more than 15 inches from
the ground, when the vehicle is loaded to maximum legal capacity. Such flap
type splash guard may be constructed of either a rigid or flexible
material.
(c) Exemptions. This Section shall not apply to vehicles the
construction or design of which does not require such splash guards, nor to
vehicles in-transit and capable only of using temporary splash guards
prescribed by the Department, nor to pole trailers.
(Source: P.A. 89-117, eff. 7-7-95.)
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(625 ILCS 5/12-711) (from Ch. 95 1/2, par. 12-711)
Sec. 12-711.
Commencing January 1, 1987, all trucks equipped with self-compactors
or roll-off hoists and roll-on containers for garbage or refuse hauls shall,
before operating on any public or private highway, alley or parking area
of this State, be equipped with an operably working external audible warning
signal device that meets the standard of American National Standards Institute,
SAE J994b, Type A, B or C, which is activated when the vehicle is operated
in reverse or when top-hinged tailgates are open.
(Source: P.A. 84-813.)
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(625 ILCS 5/12-712) (from Ch. 95 1/2, par. 12-712)
Sec. 12-712.
Construction equipment to display company name.
(a) Construction equipment that is capable of being self propelled or any
construction equipment capable of being towed shall display on the side of the
equipment the name of the company for which it is employed. The name shall be
in letters at least 2 inches tall and one-half inch wide. This Section shall
not apply to any motor vehicle upon which is affixed the insignia required
under Section 18c-4701 of the Illinois Commercial Transportation Law.
(b) Any person convicted of violating this Section shall be guilty of a
petty offense and subject to a fine not to exceed $100.
(Source: P.A. 87-1160; 88-45.)
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(625 ILCS 5/12-713) (from Ch. 95 1/2, par. 12-713)
Sec. 12-713.
Commercial trucks used by construction contractors or
subcontractors to display company name.
(a) Every second division vehicle operating commercially in this State that
is used by a construction contractor or subcontractor shall display on the side
of the vehicle or its trailer the name of the company for which it is employed.
The name shall be in letters at least 2 inches tall and one-half inch wide.
This Section shall not apply to any motor vehicle upon which is affixed the
insignia required under Section 18c-4701 of the Illinois Commercial
Transportation Law.
(b) Any person convicted of violating this Section shall be guilty of a
petty offense and subject to a fine of not less than $500.
(Source: P.A. 96-1179, eff. 1-1-11.)
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(625 ILCS 5/12-714)
Sec. 12-714.
Possession and use of radar detection devices prohibited.
(a) No person shall operate or be in actual physical control of a
commercial motor vehicle as defined in Section 6-500(6) of this Code while
the motor vehicle is equipped with any instrument designed to detect the
presence of police radar for the purpose of monitoring vehicular speed.
(b) Notwithstanding subsection (a) of this Section, a person operating a
commercial motor vehicle as defined in Section 6-500(6) of this Code, who
possesses within the vehicle a radar detecting device that is contained in
a locked opaque box or similar container, or that is not in the passenger
compartment of the vehicle, and that is not in operation, shall not be in
violation of subsection (a) of this Section.
Any person found guilty of violating this Section shall be guilty of a
petty offense. A minimum fine of $50 shall be imposed for a first offense
and a minimum fine of $100 for a second or subsequent offense.
(c) The radar detection device or mechanism shall be seized by the law
enforcement officer at the time of the violation if the offender has
previously been convicted of violating this Section. This Section shall
not be construed to authorize the permanent forfeiture to the State of any
radar detection device or mechanism. Any such device or mechanism shall be
taken and held for the period when needed as evidence. When no longer
needed for evidence, the defendant may petition the court for the return of
the device or mechanism; provided the defendant shall prove to the court by
a preponderance of the evidence that the device or mechanism will be used
only for a legitimate and lawful purpose.
(d) No commercial motor vehicle, or driver of such vehicle, shall be
stopped or searched by any law enforcement officer solely on the basis of a
violation or suspected violation of this Section.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-715)
Sec. 12-715. (Repealed).
(Source: P.A. 91-248, eff. 1-1-00. Repealed by P.A. 94-594, eff. 1-1-06.)
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(625 ILCS 5/Ch. 12 Art. VIII heading) ARTICLE VIII.
SPECIAL REQUIREMENTS FOR SCHOOL BUSES
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(625 ILCS 5/12-800) (from Ch. 95 1/2, par. 12-800)
Sec. 12-800.
(Repealed).
(Source: P.A. 82-111. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-801) (from Ch. 95 1/2, par. 12-801)
Sec. 12-801.
Color.
The exterior of each school bus shall be national
school bus glossy yellow except as follows:
The rooftop may be white.
The fenders of school buses manufactured before January 1, 1976, may be
black.
Body trim, rub rails, lettering other than on a stop signal arm and bumpers
on a Type I school bus shall be glossy black.
Lettering on a stop signal arm shall be white on a red background.
Bumpers on a Type II school bus may be glossy black or a bright, light
or colorless finish.
The hood and upper cowl may be lusterless black or lusterless school bus
yellow.
Grilles on the front, lamp trim and hubcaps may be a bright finish.
The name or emblem of a manufacturer may be colorless or any color.
The exterior paint of any school bus shall match the central value, hue and
chroma set forth in rules promulgated by the Department.
(Source: P.A. 88-415; 89-433, eff. 12-15-95.)
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(625 ILCS 5/12-802) (from Ch. 95 1/2, par. 12-802)
Sec. 12-802. Identification. (a) Each school bus shall have the sign "SCHOOL
BUS" painted on both the front and rear of the bus as high as practicable
in letters at least 8 inches high. (b) Each school bus and multifunction school-activity bus (MFSAB) shall have the vehicle
weight and the vehicle maximum passenger capacity recommended by the manufacturer
of the bus, which shall be based upon provision for 13 inches of seating
space for each passenger exclusive of the driver, painted on
the body to the left of the service door in letters at least 2 inches high.
The name of the owner or the entity or both for which the school bus or MFSAB is operated
shall be painted in a contrasting color on both sides, centered
as high as practicable below the window line, in letters at least 4 inches
high. An identification number shall be painted as high as practicable
on both the front and rear of the school bus or MFSAB in letters at least
4 inches high. (c) Decals may be used instead of painting under this Section.
(Source: P.A. 96-410, eff. 7-1-10.)
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(625 ILCS 5/12-803) (from Ch. 95 1/2, par. 12-803)
Sec. 12-803.
(a) Each school bus shall be equipped with a stop signal
arm on the driver's side of the school bus that may be operated either manually
or mechanically. Each school bus stop signal arm shall be an octagon shaped semaphore that conforms to
49 C.F.R. 571.131, "SCHOOL BUS PEDESTRIAN SAFETY DEVICES", S5.1 through S5.5.
(b) Each school bus manufactured prior to September 1, 1992 shall be
equipped with a stop signal arm that conforms to standards promulgated by the
Department.
(c) A school bus may be equipped with an extension to the required stop arm that partially obstructs the roadway to ensure passenger safety. (d) A maximum of 2 extensions to the required stop arms may be installed on the driver's side of the school bus. (e) In addition to the lighting systems required under Section 12-805, each extension to the required stop arm must be equipped with a system of flashing red lights. The front side extension to the required stop arm must extend no more than 78 inches, measured from the side of the bus to furthest part of the extension to the required stop arm, and at a height not less than 36 inches from the ground. The rear side extension to the required stop arm must meet the same specification as the front side extension to the required stop arm except that it may not extend more than 32 inches, measured from the side of the bus to the furthest part of the extension to the required stop arm. (f) No driver of a motor vehicle may make contact with any portion of a stopped school bus, including an extension to the required stop arm, or make contact with a school child within 30 feet of the school bus. A driver of motor vehicle that violates this subsection shall be subject to the penalties under Section 11-1414. (Source: P.A. 103-404, eff. 7-28-23.)
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(625 ILCS 5/12-804) (from Ch. 95 1/2, par. 12-804)
Sec. 12-804.
Other vehicles - Color, stop signal arm and
identification. No vehicle other than a school bus
shall be identified with the sign "SCHOOL BUS", shall be equipped with a
stop signal arm, shall be equipped with a strobe lamp or shall be equipped
with a warning lamp system as
described in Section 12-805 of this Act.
No commuter van or bus other than a school bus shall be painted national
school bus glossy yellow or a color
that closely resembles national school bus glossy yellow.
(Source: P.A. 81-509; 81-740; 81-1509.)
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(625 ILCS 5/12-805) (from Ch. 95 1/2, par. 12-805)
Sec. 12-805.
Special lighting equipment.
Each school bus purchased as a new vehicle after December 31, 1975
shall be equipped with an 8-lamp flashing signal system. Until December
31, 1978, all other school buses shall be equipped with either a 4-lamp
or an 8-lamp flashing signal system. After December 31, 1978, all school
buses shall be equipped with an 8-lamp flashing signal system.
A 4-lamp flashing signal system shall have 2 alternately flashing red
lamps mounted as high and as widely spaced laterally on the same level
as practicable at the front of the school bus and 2 such lamps mounted
in the same manner at the rear.
An 8-lamp flashing signal system shall have, in addition to a 4-lamp
system, 4 alternately flashing amber lamps. Each amber lamp shall be
mounted next to a red lamp and at the same level but closer to the
centerline of the school bus.
Each signal lamp shall be a sealed beam at least 5 1/2 inches in
diameter and shall have sufficient intensity to be visible at 500 feet
in normal sunlight. Both the 4-lamp and 8-lamp system shall be actuated
only by means of a manual switch. There shall be a device for indicating
to the driver that the system is operating properly or is inoperative.
A school bus may also be equipped with alternately flashing head
lamps,
which may be operated in conjunction with the 8-lamp flashing signal
system.
(Source: P.A. 93-181, eff. 1-1-04.)
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(625 ILCS 5/12-806) (from Ch. 95 1/2, par. 12-806)
Sec. 12-806. Identification, stop signal arms and special lighting when
not used as a school bus. (a) Except as provided in Section 12-806a,
whenever a school bus is operated for the purpose of transporting
passengers over 18 years of age other than persons in connection with an activity of the school
or religious organization which owns the school bus or for which the school
bus is operated, the "SCHOOL BUS" signs shall be covered or concealed and
the stop signal arm and flashing signal system shall not be operable
through normal controls.
(b) If a school district, religious organization, vendor of school buses, or school bus company whose main source of income is contracting with a school district or religious organization for the provision of transportation services in connection with the activities of a school district or religious organization, discards through either sale or donation, a school bus to an individual or entity that is not one of the aforementioned entities above, then the recipient of such school bus shall be responsible for immediately removing, covering, or concealing the "SCHOOL BUS" signs and any other insignia or words indicating the vehicle is a school bus, rendering inoperable or removing entirely the stop signal arm and flashing signal system, and painting the school bus a different color from those under Section 12-801 of this Code.(Source: P.A. 100-277, eff. 1-1-18; 100-791, eff. 1-1-19; 100-863, eff. 8-14-18.)
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(625 ILCS 5/12-806a) (from Ch. 95 1/2, par. 12-806a)
Sec. 12-806a. Identification, stop signal arms, and special lighting on
school buses used to transport children outside of a school activity or persons in connection with a community based rehabilitation facility.
(a) Subject to the conditions in Subsection (c), a bus which meets any
of the special requirements for school buses in Sections 12-801, 12-802,
12-803, and 12-805 of this Code may be used for the purpose of transporting
persons 18 years of age or less.
(b) Subject to the conditions in subsection (c), a bus which meets any
of the special requirements for school buses in Sections 12-801, 12-802,
12-803, and 12-805 of this Code may be used for the purpose of transporting
persons recognized as clients of a community based rehabilitation facility
which is accredited by the Commission on Accreditation of Rehabilitation
Facilities of Tucson, Arizona, and which is under a contractual agreement
with the Department of Human Services.
(c) A bus used for transportation as provided in subsection (a) or (b) shall
meet all of the special requirements for school buses in Sections
12-801, 12-802, 12-803, and 12-805. A bus which meets all of the
special requirements for school buses in Sections 12-801, 12-802, 12-803, and
12-805 shall be operated by a person who has a valid and properly
classified driver's license issued by the Secretary of State and who
possesses a valid school bus driver permit or is accompanied and
supervised, for the specific purpose of training prior to routine operation
of a school bus, by a person who has held a valid school bus driver permit
for at least one year.
(Source: P.A. 100-791, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(625 ILCS 5/12-807) (from Ch. 95 1/2, par. 12-807)
Sec. 12-807.
Seat belt for driver.
Each school bus shall be equipped with a retractable lap belt assembly
for the driver's seat. No school bus shall be operated unless the driver
has properly restrained himself with the lap belt assembly.
(Source: P.A. 78-1244.)
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(625 ILCS 5/12-807.1) (from Ch. 95 1/2, par. 12-807.1)
Sec. 12-807.1.
Seat back height.
No Type I school bus manufactured
after June 30, 1987 shall be sold for use as, or purchased for use as, or
used as a school bus within this State unless such bus is equipped with
passenger seat backs having a seat back height of 28 inches installed by
the original bus body manufacturer.
(Source: P.A. 85-1010.)
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(625 ILCS 5/12-807.2)
Sec. 12-807.2.
Crossing control arms.
(a) No Type I or Type II school bus may be operated or used as a school bus
within this State after December 31, 1999 unless that bus is equipped with a
crossing control arm on the front of the bus that conforms to equipment and
installation standards that the Department of Transportation shall
promulgate for purposes of this subsection.
(b) If a Type I or Type II school bus is manufactured after December 31,
1997, that bus shall not be sold for use as, or purchased for the use as, or
used as a school bus within this State unless that bus is equipped with a
crossing control arm that is installed on the front of the bus by the original
bus body manufacturer and that conforms to equipment and installation standards
that the Department shall promulgate for purposes of this subsection.
(c) A crossing control arm meeting standards promulgated by the Department
under this Section shall be designed to swing out from the front of a school
bus when the bus stops and opens its doors while school children enter or exit
the bus, as prescribed in rules promulgated by the State Board of
Education.
(d) This Section does not apply to the temporary operation in this State of
a school bus that is legally registered in another state and is displaying
valid registration plates of that state if (i) the bus is not operated in
Illinois on a regular basis, and (ii) the bus is being operated in Illinois in
connection with a cultural, tourist, athletic, or similar activity that is
sponsored by one or more schools located outside of Illinois for the benefit of
their enrolled students who are being transported to or from that activity.
(Source: P.A. 90-108, eff. 7-14-97.)
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(625 ILCS 5/12-808) (from Ch. 95 1/2, par. 12-808)
Sec. 12-808.
Fire extinguisher.
Each school bus shall be equipped with at least one dry chemical gauge
type fire extinguisher mounted in the extinguisher manufacturer's
automobile type bracket in a position readily accessible to the driver.
(Source: P.A. 78-1244.)
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(625 ILCS 5/12-809) (from Ch. 95 1/2, par. 12-809)
Sec. 12-809.
First aid kit.
Each school bus shall be equipped with a first aid kit mounted in full
view of and readily accessible to the driver.
(Source: P.A. 78-1244.)
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(625 ILCS 5/12-810) (from Ch. 95 1/2, par. 12-810)
Sec. 12-810.
Restraining devices for passengers who are persons with
disabilities. Each school bus which is operated for transporting
passengers who are persons with disabilities shall be equipped with an
appropriate restraining or safety device for each such passenger.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/12-811) (from Ch. 95 1/2, par. 12-811)
Sec. 12-811.
Amber 3 bar clearance light.
Each type I school bus
shall be equipped with an amber 3 bar clearance light on the front of the bus. The
light shall be illuminated at all times when the bus is being operated between
sunset and sunrise and in conditions of reduced visibility.
(Source: P.A. 79-63.)
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(625 ILCS 5/12-812) (from Ch. 95 1/2, par. 12-812)
Sec. 12-812. Rules and regulations. (a) The Department may promulgate rules and regulations to more
completely specify the equipment requirements of this Article and may establish by rule a pilot program to permit the testing of safety equipment not otherwise prohibited by State or federal law.
(b) All rules, regulations and standards promulgated from time to
time by the State Board of Education
and the Department for
the safety and construction of school buses shall be applicable to every
motor vehicle in this State defined as a school bus under Section 1-182.
(Source: P.A. 102-441, eff. 1-1-22.)
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(625 ILCS 5/12-812.1) (from Ch. 95 1/2, par. 12-812.1)
Sec. 12-812.1.
(a) The Department shall adopt and promulgate rules
and regulations governing the use of liquefied petroleum gases, compressed
natural gases and liquefied natural gases as a propellant fuel in school
buses. Such rules
and regulations
shall include the installation, maintenance and operation of such equipment
installed on school buses and shall be based on the generally accepted standards
of safety as recommended by the National Fire Protection Association.
(b) All school buses using liquefied petroleum gases, compressed natural
gases or liquefied natural gases as a propellant fuel must conform to and
obey any rule or regulation lawfully adopted by the Department.
(Source: P.A. 83-1027.)
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(625 ILCS 5/12-813.1)
Sec. 12-813.1. School bus driver communication devices. (a) In this Section:
"School bus driver" means a person operating a school bus who has a valid
school bus driver permit as required under Sections 6-104 and 6-106.1 of this
Code.
"Cellular radio telecommunication device" means a device capable of sending
or receiving telephone communications without an access line for service and
which requires the operator to dial numbers manually. It does not, however,
include citizens band radios or citizens band radio hybrids.
"Possession of a school bus" means the period of time from which a bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus. "Using a cellular radio telecommunication device" means talking or listening
to or dialing a cellular radio telecommunication device.
To "operate" means to have the vehicle in motion while it contains one or
more passengers.
(b) A school bus driver may not operate a school bus while using a cellular
radio telecommunication device.
(c) Subsection (b) of this Section does not apply:
(1) To the use of a cellular radio telecommunication | ||
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(A) an emergency response operator;
(B) a hospital;
(C) a
physician's office or health clinic;
(D) an ambulance service;
(E) a fire department, fire district, or fire | ||
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(F) a police department.
(2) To the use of a cellular radio telecommunication | ||
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(3) (Blank).
(4) When the school bus is parked.
(d) A school bus driver who violates subsection (b) of this Section is guilty of a petty
offense punishable by a fine of not less than $100 and not more than $250.
(e) A school bus must contain either an operating cellular radio telecommunication device or two-way
radio while the school bus driver is in possession of a school bus. The cellular radio telecommunication device or two-way radio in this subsection must be turned on and adjusted in a manner that would alert the school bus driver of an incoming communication request. (Source: P.A. 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.)
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(625 ILCS 5/12-815) (from Ch. 95 1/2, par. 12-815)
Sec. 12-815. Strobe lamp on school bus.
(a) A school bus manufactured prior to January 1, 2000 may
be equipped with one strobe lamp that
will emit 60
to 120 flashes per minute of white or bluish-white light visible to a
motorist approaching the bus from any direction.
A school bus
manufactured on or after January 1, 2000 shall be equipped with one strobe lamp that will emit 60 to
120 flashes
per minute of white or bluish-white light visible to a motorist approaching the
bus from
any direction.
The lamp shall be of
sufficient brightness to be visible in normal sunlight when viewed directly
from a distance of at least one mile.
(b) The strobe lamp shall be mounted on the rooftop of the bus with the
light generating element in the lamp located equidistant from each side
and either at or behind the center of the rooftop. The maximum height of
the element above the rooftop shall not exceed 1/30 of its distance from
the rear of the rooftop. If the structure of the strobe lamp obscures the
light generating element, the element shall be deemed to be in the center
of the lamp with a maximum height 1/4 inch less than the maximum height
of the strobe lamp unless otherwise indicated in rules and regulations
promulgated by the Department. The Department may promulgate rules and
regulations to govern measurements, glare, effectiveness and protection of
strobe lamps on school buses, including higher strobe lamps than authorized
in this paragraph.
(c) The strobe lamp may be lighted only when the school bus is
actually
being used as a school bus and:
1. is stopping or stopped for loading or discharging | ||
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2. is bearing one or more pupils.
(Source: P.A. 95-319, eff. 8-21-07.)
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(625 ILCS 5/12-815.1)
Sec. 12-815.1.
Emergency exits identification.
On and after August 1, 2000,
all emergency exits of a
school bus shall be outlined around the perimeter of the exit with a minimum
one inch wide yellow reflective tape or decal. This yellow reflective tape or
decal shall be placed on the exterior surface of the school bus.
(Source: P.A. 91-168, eff. 1-1-00; 91-785, eff. 6-9-00.)
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(625 ILCS 5/12-815.2) Sec. 12-815.2. Noise suppression switch. Any school bus manufactured on or after January 1, 2006 must be equipped with a noise suppression switch capable of turning off noise producing accessories, including: heater blowers; defroster fans; auxiliary fans; and radios. For the purposes of this Section, radios shall not include 2-way radios which transmit Global Positioning System (GPS) location and record metadata stops.
(Source: P.A. 100-667, eff. 1-1-19.) |
(625 ILCS 5/12-816) Sec. 12-816. Pre and post-trip inspection policy for school buses. (a) In order to provide for the welfare and safety of children who are transported on school buses throughout the State of Illinois, each school district shall have in place, by January 1, 2008, a policy to ensure that the school bus driver is the last person leaving the bus and that no passenger is left behind or remains on the vehicle at the end of a route, a work shift, or the work day. This policy and procedure shall, at a minimum, require the school bus driver (i) to test the cellular radio telecommunication device or two-way radio and ensure that it is functioning properly before the bus is operated and (ii) before leaving the bus at the end of each route, work shift, or work day, to walk to the rear of the bus and check the bus for children or other passengers in the bus. (b) If a school district has a contract with a private sector school bus company for the transportation of the district's students, the school district shall require in the contract with the private sector company that the company have a post-trip inspection policy in place.
This policy and procedure shall, at a minimum, require the school bus driver (i) to test the cellular radio telecommunication device or two-way radio and ensure that it is functioning properly before the bus is operated and (ii) before leaving the bus at the end of each route, work shift, or work day, to walk to the rear of the bus and check the bus for children or other passengers in the bus. (c) Before this inspection, the school bus driver shall activate the interior lights of the bus to assist the driver in seeing in and under the seats during a visual sweep of the bus. (d) This policy may include, at the discretion of the school district, the installation of a mechanical or electronic post-trip inspection reminder system which requires the school bus driver to walk to the rear of the bus to deactivate the system before the driver leaves the bus. The system shall require that when the driver turns off the vehicle's ignition system, the vehicle's interior lights must illuminate to assist the driver in seeing in and under the seats during a visual sweep of the bus.
(Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.) |
(625 ILCS 5/12-820) (from Ch. 95 1/2, par. 12-820)
Sec. 12-820.
Nursery school buses.
The Department of Transportation, after conducting a Public Hearing,
may, by regulation,
modify and supplement
the requirements pertaining to seat dimensions, spacing and height from
the floor and to
other safety features in the interior of a school bus used to transport
preschool children,
when such modification or supplementing will enhance the safety of the bus
when transporting
such children.
(Source: P.A. 85-828.)
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(625 ILCS 5/12-821)
Sec. 12-821. Display of telephone number; complaint calls. (a) Each school bus and multifunction school-activity bus shall display at the rear of the bus a sign, with letters and numerals readily visible and readable, indicating the area code and telephone number of the owner of the bus, regardless of whether the owner is a school district or another person or entity. The sign shall be in the following form: "TO COMMENT ON MY DRIVING, CALL (area code and telephone number of bus owner)". A school bus owner who placed a sign conforming to the requirements of Public Act 95-176 on a school bus before January 1, 2010 (the effective date of Public Act 96-655) may continue to use that sign on that school bus rather than a sign that conforms to the requirements of Public Act 96-655; however, if the school bus owner replaces that sign, the replacement sign shall conform to the requirements of Public Act 96-655. (b) The owner of each school bus or multifunction school-activity bus shall establish procedures for accepting the calls provided for under subsection (a) and for taking complaints. (c) The procedures established under subsection (b) shall include, but not be limited to: (1) an internal investigation of the events that led | ||
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(2) a report to the complaining party on the results | ||
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(Source: P.A. 95-176, eff. 1-1-08; 96-410, eff. 7-1-10; 96-655, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(625 ILCS 5/12-825) Sec. 12-825. Extracurricular activities; passengers. (a) Each school bus operated by a public or private primary or secondary school transporting students enrolled in grade 12 or below for a school related athletic event or other school approved extracurricular activity shall be registered under subsection (a) of Section 3-808 of this Code, comply with school bus driver permit requirements under Section 6-104 of this Code, comply with the minimum liability insurance requirements under Section 12-707.01 of this Code, and comply with special requirements pertaining to school buses under this Chapter. (b) Each school bus that operates under subsection (a) of this Section may be used for the transportation of passengers other than students enrolled in grade 12 or below for activities that do not involve either a public or private educational institution if the school bus driver or school bus owner complies with Section 12-806 of this Code and the "SCHOOL BUS" sign under Section 12-802 of this Code is either removed or obscured so that it is not visible to other motorists.
(Source: P.A. 100-241, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(625 ILCS 5/Ch. 12 Art. IX heading) ARTICLE IX.
SPECIAL REQUIREMENTS FOR
RELIGIOUS ORGANIZATION BUSES
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(625 ILCS 5/12-900) (from Ch. 95 1/2, par. 12-900)
Sec. 12-900.
Color and markings.
Each religious organization bus may be of any color
and have any markings designating its purpose other than those required
for school buses under Article
VIII of this Act.
(Source: P.A. 79-798.)
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(625 ILCS 5/12-901) (from Ch. 95 1/2, par. 12-901)
Sec. 12-901.
Special lighting equipment.
Any religious organization bus may be
equipped with a 4-lamp flashing signal system having unison flashing amber
lamps, 2 at the
front and 2 at the rear of the bus, mounted as high and as widely spaced
laterally on the same
level as is practicable. If such equipment is installed, (a) each lamp must
be a sealed beam at least 5 1/2 inches in diameter and have sufficient intensity
to be visible at
500 feet in normal sunlight, (b) the system shall be actuated only by means
of a manual switch,
and (c) there shall be a device for indicating to the driver that the system
is operating
properly or is inoperative.
(Source: P.A. 79-798.)
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(625 ILCS 5/12-902) (from Ch. 95 1/2, par. 12-902)
Sec. 12-902.
Rules and regulations.
The Department of Transportation
may promulgate rules
and regulations to more completely specify the equipment requirements for
every motor vehicle defined
as a religious organization bus under Section 1-111.1a.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/Ch. 13 heading) CHAPTER 13.
INSPECTION OF VEHICLES
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(625 ILCS 5/13-100) (from Ch. 95 1/2, par. 13-100)
Sec. 13-100.
(Repealed).
(Source: P.A. 85-1407. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/13-100.1)
Sec. 13-100.1.
Definitions.
As used in this Chapter, "affected areas"
means the
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and
Monroe
and the townships of Aux Sable and Goose Lake in Grundy County and the township
of Oswego in Kendall County.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; certificate of safety. To
promote the safety of the general public, every owner of a second division
vehicle, medical transport vehicle, tow truck, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, motor vehicle used for driver education training, or contract carrier
transporting employees in the course of their employment on a highway of
this State in a vehicle designed to carry 15 or fewer passengers shall,
before operating the vehicle
upon the highways of Illinois, submit it to a "safety test" and secure a
certificate of safety furnished by the Department as set forth in Section
13-109. Each second division motor vehicle that pulls or draws a trailer,
semitrailer or pole trailer, with a gross weight of 10,001 lbs or more or
is registered for a gross weight of 10,001 lbs or more, motor bus,
religious organization bus, school bus, senior citizen transportation vehicle,
and limousine shall be subject to
inspection by the Department and the Department is authorized to
establish rules and regulations for the implementation of such inspections.
The owners of each salvage vehicle shall submit it to a "safety test" and
secure a certificate of safety furnished by the Department prior to its
salvage vehicle inspection pursuant to Section 3-308 of this Code.
In implementing and enforcing the provisions of this Section, the
Department and other authorized State agencies shall do so in a manner
that is not inconsistent with any applicable federal law or regulation so
that no federal funding or support is jeopardized by the enactment or
application of these provisions.
However, none of the provisions of Chapter 13 requiring safety
tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons, | ||
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(b) vehicles other than school buses, tow trucks and | ||
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(c) a semitrailer or trailer having a gross weight of | ||
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(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois | ||
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(f) house trailers equipped and used for living | ||
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(g) vehicles registered as and displaying Illinois | ||
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(h) vehicles owned or operated by a manufacturer, | ||
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(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State | ||
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(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the | ||
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(n) second division vehicles registered for a gross | ||
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The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors, mufflers,
safety chains, windshields and windshield wipers, warning flags and
flares, frame, axle, cab and body, or cab or body, wheels, steering
apparatus, and other safety devices and appliances required by this Code
and such other safety tests as the Department may by rule or regulation
require, for second division vehicles, school buses, medical transport
vehicles, tow trucks, first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, motor vehicles used for driver education training, vehicles designed to carry 15 or fewer passengers
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also include
the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points,
and sling straps, and other tests and inspections the Department by
rule requires for tow trucks.
For driver education vehicles used by public high schools, the vehicle must also be equipped with dual control brakes, a mirror on each side of the vehicle so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear, and a sign visible from the front and the rear identifying the vehicle as a driver education car. For trucks, truck tractors, trailers, semi-trailers, buses engaged in interstate commerce as defined Section 1-133 of this Code, and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, the
safety test shall be conducted in accordance with the Minimum Periodic
Inspection Standards promulgated by the Federal Highway Administration of
the U.S. Department of Transportation and contained in Appendix G to
Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this Code, in the
same manner as though they were set out in full in this Code.
The passing of the safety test shall not be a bar at any time to
prosecution for operating a second division vehicle, medical
transport
vehicle, motor vehicle used for driver education training, or vehicle designed to carry 15 or fewer passengers operated by a
contract carrier as provided in this Section that is unsafe, as determined by
the standards prescribed in this Code.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-101.1) (from Ch. 95 1/2, par. 13-101.1)
Sec. 13-101.1.
Senior citizen transportation vehicle.
Any vehicle of
12 or more passengers used in the transportation of senior citizens shall
bear placards on both sides indicating it is being used for such purposes.
The placards may be permanently or temporarily affixed to the vehicle.
The size of the letters must be at least 2 inches high and the stroke of
the brush must be at least 1/2 inch wide. Any such vehicle used for such
purposes shall be subject to the inspections provided for vehicles of the
second division and its operation shall be governed according to the requirements
of this Code.
(Source: P.A. 82-957.)
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(625 ILCS 5/13-102) (from Ch. 95 1/2, par. 13-102)
Sec. 13-102.
Tests and investigations.
The Department shall conduct tests and make investigations to determine
the kind and type of equipment necessary to test the brakes, lights, frame,
wheels, steering apparatus, including camber and caster of the axle, and
toe-in and tracking of the wheels, and all other devices and appliances
referred to in this Act; and shall make public its findings and furnish
upon request a list of the various testing devices approved by it.
(Source: P.A. 78-1244; 78-1297.)
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(625 ILCS 5/13-102.1)
Sec. 13-102.1. Diesel powered vehicle emission inspection report.
Beginning July
1, 2000, the Department of Transportation
shall
conduct an annual study concerned with the results
of
emission inspections for diesel powered vehicles registered for a gross weight
of more than 16,000 pounds or having a gross vehicle weight rating of more
than 16,000 pounds. The
study
shall be reported to the General Assembly by June 30, 2001, and every
June
30 thereafter. The study shall also be sent to the Illinois
Environmental
Protection Agency for its use in environmental matters.
The study shall include, but not be limited to, the following information:
(a) the number of diesel powered vehicles that were | ||
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(b) the number of diesel powered vehicles that failed | ||
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(c) the number of diesel powered vehicles that failed | ||
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(Source: P.A. 102-566, eff. 1-1-22.)
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(625 ILCS 5/13-102.2) Sec. 13-102.2. Diesel Emissions Opacity Report. (a) By March 15, 2023, the Department of Transportation shall make available to the public a report that includes the following: (1) a summary and disclosure of actual Department | ||
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(2) a census of the opacity limits for other states | ||
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(3) a summary of actual air quality data in Illinois | ||
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(4) substantive input from trucking or transportation | ||
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(b) In the report, the Department must include the following items in an effort for the State to better understand the technology, repair, and enforcement elements of diesel emissions standards in Illinois: (1) an analysis of the feasibility of including an | ||
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(2) recommendations for improving the effectiveness | ||
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(Source: P.A. 102-566, eff. 1-1-22.) |
(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - Fee - Permit - Bond. Upon the
payment of a fee of $50 and the filing of an application
by the proprietor of a company or municipality upon forms furnished by the Department, accompanied by proof of
experience, training and ability of the operator of the testing
equipment, together with proof of approved testing
equipment as defined in Section 13-102 and the giving of a bond
conditioned upon faithful observance of this Section and of rules and
regulations issued by the Department in the amount of $10,000 with
security approved by the Department, the Department shall issue a permit
to the proprietor of such company or municipality to
operate an Official Testing Station. Such permit shall expire 12 months
following its issuance, but may be renewed annually by complying
with the requirements set forth in this Section and upon the payment of a
renewal fee of $50. Proprietors of official testing stations for
which permits have been issued prior to the effective date of this Act
may renew such permits for the renewal fee of $50 on the expiration
of each 12 months following issuance of such permits, by complying with
the requirements set forth in this Section. However, any city, village or
incorporated town shall upon application to the Department and without
payment of any fee or filing of any bond, but upon proof of experience,
training and ability of the operator of the testing equipment, and proof
of approved testing equipment as defined in Section
13-102, be issued a permit to operate such testing station as an
Official Testing Station under this Act. The permit so
issued shall at all times be displayed in a prominent place in the official testing station which is licensed as
an Official Testing Station under this Act. No
person or company or municipality shall in any manner claim or represent himself or itself to be
an official testing station unless a permit has been issued to him or it
as provided in this Section.
Any person or municipality who or which has received a permit under
this Section may test his or its own second division
vehicles and issue certificates of safety and conduct emission inspections of
his or its own second division vehicles in accordance with the requirements of
Section 13-109.1 with respect to any such
second division vehicles owned, operated or controlled by him or it.
Each such permit issued by the Department shall state on its face the
location of the official testing station to be operated under the permit and
safety tests shall be made only at such location. However, the
Department may, upon application, authorize a change in the
location of the official testing station and the removal of the testing
equipment to the new location. Upon approval of such application, the
Department shall issue an endorsement which the applicant shall affix to
his permit. Such endorsement constitutes authority for the applicant to
make such change in location and to remove his testing equipment at the
times and to the places stated in the endorsement.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
Sec. 13-103.1. Annual certification of certified safety testers and certified diesel emission testers - Fee - Renewal.
Only certified safety testers are authorized to perform safety tests and
affix Certificates of Safety to vehicles. The Department shall annually
certify those certified safety testers and certified diesel emission testers who have met its requirements. Certified safety testers' and certified diesel emission testers'
certificates shall expire 12 months following the date of issue, but may
be renewed annually by complying with the requirements as established by the Department.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-103.2) (from Ch. 95 1/2, par. 13-103.2)
Sec. 13-103.2.
Reclassification of nonconforming station.
The
Department may not change the administrative classification of a
nonconforming official testing station from its present classification to a
less favorable classification upon a change in ownership of the station, if
(1) the nonconforming official testing station has held its present
administrative classification since July 1, 1972, and (2) the station meets
all requirements for its present classification, other than the requirement
of having an exit door in direct line with the safety test equipment and
(3) the station is located in a county with no other class "A" or class
"C" official testing station.
(Source: P.A. 84-1422.)
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(625 ILCS 5/13-103.3) Sec. 13-103.3. Official portable emissions testing company; fee; permit; bond. Upon the payment of a fee of $50 and the filing of an application by the proprietor of any company upon forms furnished by the Department, accompanied by proof of experience, training, and ability of the operator of the testing equipment, together with proof of approved testing equipment as defined in Section 13-102 and the giving of a bond conditioned upon faithful observance of this Section and of rules adopted by the Department in the amount of $10,000 with security approved by the Department, the Department shall issue a permit to the proprietor of the vehicle service company to operate an official portable emissions testing company. An official portable emissions testing company shall only conduct portable emissions inspections for diesel fleets with 5 or more diesel vehicles required to be inspected under subsection (a) of Section 13-109.1, and only at the fleet owner's place of business. A permit issued under this Section shall expire 12 months following its issuance, but may be renewed annually by complying with this Section and upon the payment of a renewal fee of $50. No person or company shall operate as an official portable emissions testing company without having been issued a permit as provided in this Section. A permittee under this Section may test second division vehicles owned, operated, or controlled by the permittee to conduct emission inspections of such vehicles in accordance with Section 13-109.1. Each permit issued by the Department shall state on its face the location of the recordkeeping office of the proprietor of the official portable emissions testing company. However, the Department, upon application, may authorize a change in the location of the recordkeeping office. Upon the approval of such an application, the Department shall issue an endorsement to be fixed by the applicant to the permit. Such an endorsement constitutes authority for the applicant to make the change in location.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-103.4) Sec. 13-103.4. Official mobile safety testing company; fee; permit; bond. Upon the payment of a fee of $50 and the filing of an application by the proprietor of a company or municipality seeking to perform mobile safety inspections upon forms furnished by the Department, accompanied by proof of experience, training, and ability of the operator of the testing equipment, together with proof of approved testing equipment as defined in Section 13-102 and the giving of a bond conditioned upon faithful observance of this Section and rules adopted by the Department in the amount of $10,000 with security approved by the Department, the Department shall issue a permit to the proprietor to operate an official mobile safety testing company. An official mobile safety testing company must maintain a physical office in this State. The permit shall expire 12 months following its issuance, but may be renewed annually by complying with the requirements set forth in this Section and upon the payment of a renewal fee of $50. The permit so issued shall at all times be displayed in a prominent place in the official mobile safety testing vehicle as well as at the required physical office of the testing company. No person or official mobile safety testing company shall in any manner claim or represent himself, herself, or itself to be an official mobile safety testing company unless a permit has been issued to the person or company as provided in this Section. Any person or municipality that has received a permit under this Section may test the second division vehicles owned by the person or municipality and issue certificates of safety vehicles owned by the person or municipality in accordance with the requirements of Section 13-109.1 with respect to any such vehicles owned, operated, or controlled by the person or municipality. Each such permit issued by the Department shall state on its face the location of the physical office of the official mobile safety testing company. The physical office shall be the location in which all records are stored and retained. Official mobile safety testing companies shall only perform safety tests of vehicles at the vehicle owner's place of business with a 48-hour advance notice to the Department. The Department may, upon application, authorize a change in the location of the physical office to a new location. Upon the approval of such an application, the Department shall issue an endorsement, which the applicant shall affix to his or her permit. Such an endorsement constitutes authority for the applicant to operate. As used in this Section, "official mobile safety testing company" means a safety testing company permitted to test trucks, truck tractors, trailers, semi-trailers, and buses engaged in interstate commerce as defined Section 1-133 of this Code. The safety test shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal Highway Administration of the United States Department of Transportation and contained in Appendix G to Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. The Department shall adopt rules to implement this Section. (Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-104) (from Ch. 95 1/2, par. 13-104)
Sec. 13-104.
Obtaining or issuing a certificate of safety without proper test-
Suspension or revocation of license.
Any motor vehicle owner, driver or operator who accepts, obtains or
attempts to obtain a certificate of safety without securing a test, or by a
test which is known by him to have been improperly made, shall be guilty of
a petty offense and shall be fined not less than $5.00 nor more than
$100.00 for the first such certificate so accepted or obtained, or
attempted to be obtained; and for the second such certificate obtained or
attempted to be obtained, not less than $25.00 nor more than $200.00; and
for each certificate after the second certificate, obtained or attempted to
be obtained, not less than $100.00 nor more than $300.00. The same
penalties shall apply to official testing station operators who issue
certificates of safety in violation of this Chapter.
When a license is suspended, the suspension shall be for not less than
30 nor more than 180 days. When a license is revoked, the owner of the
station cannot make an application for a new license within the period of
twelve months after the date of the revocation and then, upon his making an
application, the Department of Transportation shall consider this record in
deciding whether or not to grant the license.
(Source: P.A. 78-255.)
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(625 ILCS 5/13-105) (from Ch. 95 1/2, par. 13-105)
Sec. 13-105.
Inspection of official testing stations.
Employees specifically authorized by the Department so to do shall
inspect all "Official Testing Stations" at frequent intervals. Such
employees shall have access to all records relating to tests and work done
or parts sold as a result of such tests, to ascertain whether or not tests
are properly, fairly and honestly made, and may examine the owner of the
official testing station or any officer or employee thereof under oath.
The Department shall conduct periodic nonscheduled inspection on owners
premises of vehicles owned and operated by licensed "Independent Official
Testing Stations."
(Source: P.A. 86-447.)
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(625 ILCS 5/13-105.1) Sec. 13-105.1. Inspection of official portable emissions testing company. Employees specifically authorized by the Department shall inspect, at frequent intervals, vehicles, equipment, and the recordkeeping office used by an official portable emissions testing company. Department employees under this Section shall have access to all records, relating to tests and work done or parts sold as a result of such tests, to ascertain whether tests are properly, fairly, and honestly made. Department employees under this Section may examine the owner of an official portable emissions company or any officer or employee thereof under oath. The Department shall conduct periodic nonscheduled inspections of the premises of vehicles owned and operated by a licensed official portable emissions testing company.
(Source: P.A. 102-566, eff. 1-1-22.) |
(625 ILCS 5/13-105.2) Sec. 13-105.2. Inspection of official mobile safety testing companies. Employees specifically authorized by the Department to conduct inspections shall inspect all official mobile safety testing companies at frequent intervals. Such employees shall have access to all records relating to tests and work done or parts sold as a result of such tests, to ascertain whether the tests are properly, fairly, and honestly made, and may examine the owner of the official mobile safety testing company or any officer or employee thereof under oath.(Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
Sec. 13-106. Rates and charges by official testing stations, official mobile testing companies, and official portable emissions testing companies; schedule
to be filed. Every operator of an official testing station or official portable emissions testing company shall file with
the Department, in the manner prescribed by the Department, a schedule of
all rates and charges made by him for performing the tests
provided for in
Section 13-101 and Section 13-109.1. Such rate or charge shall include an
amount to reimburse
the operator of the official testing station or official portable emissions testing company for the purchase from the
Department
of the certificate of safety required by this chapter, not to exceed that
fee paid to the Department by the operator authorized by this chapter.
Such rates and charges shall be just and reasonable and the Department upon
its own initiative or upon complaint of any person or corporation may require
the testing station operator to appear for a hearing and prove that the
rates so filed are just and reasonable. A "just and reasonable" rate or
charge, for the purposes of this Section, means a rate or charge which is
the same, or nearly the same, as the prevailing rate or charge for the same
or similar tests made in the community where the station is located. No
operator may change this schedule of rates and charges until the proposed
changes are filed with and approved by the Department. No license may be
issued to any official testing station or official portable emissions testing company unless the applicant has filed with
the Department a proposed schedule of rates and charges and unless such
rates and charges have been approved by the Department. No operator of
an official testing station or official portable emissions testing company shall charge more or less than the rates so
filed with and approved by the Department.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official testing stations, official mobile testing companies, and official portable emissions testing companies. The Department shall, upon its own motion, or upon charges made in
writing verified under oath, investigate complaints that an official
testing station or official portable emissions testing company is willfully falsifying records or tests,
either for the
purpose of selling parts or services not actually required, or for the
purpose of issuing a certificate of safety for a vehicle designed to carry 15
or fewer passengers operated by a contract carrier transporting
employees in the course of their employment on a highway of this State,
second division
vehicle,
or medical transport vehicle
that is not in safe mechanical condition as determined by the standards of
this Chapter in violation of the provisions of this Chapter or of the rules
and regulations issued by the Department.
The Secretary of Transportation, for the purpose of more effectively
carrying out the provisions of Chapter 13, may appoint such a number of
inspectors as he may deem necessary. Such inspectors shall inspect and
investigate applicants for official testing station or official portable emissions testing company permits and investigate
and report violations. With respect to enforcement of the
provisions of this Chapter 13, such inspectors shall have and may exercise
throughout the State all the powers of police officers.
The Secretary must authorize to each inspector and to any other employee of
the Department exercising the powers of a peace officer a distinct badge that,
on its face, (i) clearly states that the badge is authorized by the Department
and (ii) contains a unique identifying number. No other badge shall be
authorized by the Department.
Nothing in this Section prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the powers of a peace
officer if the Secretary determines that a shield or distinctive identification
is needed by the employee to carry out his or her responsibilities.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
Sec. 13-108. Hearing on complaint against official testing station, official mobile testing company, or official portable emissions testing company; suspension or
revocation of permit. If it appears to the Department, either through its own investigation or
upon charges verified under oath, that any of the provisions of this
Chapter or the rules and regulations of the Department are being violated,
the Department shall, after notice to the person, firm, or corporation
charged with such violation, conduct a hearing. At least 10 days prior to
the date of such hearing the Department shall cause to be served upon the
person, firm, or corporation charged with such violation, a copy of such
charge or charges by registered mail or by the personal service thereof,
together with a notice specifying the time and place of such hearing. At
the time and place specified in such notice, the person, firm, or corporation
charged with such violation shall be given an opportunity to appear in
person or by counsel and to be heard by the Secretary of Transportation or
an officer or employee of the Department designated in writing by him to
conduct such hearing. If it appears from the hearing that such person, firm,
or corporation is guilty of the charge preferred against the person, firm, or corporation, the
Secretary of Transportation may order the permit suspended or revoked, and
the bond forfeited. Any such revocation or suspension shall not be a bar to
subsequent arrest and prosecution for violation of this Chapter.
(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
Sec. 13-109. Safety test prior to application for
license - Subsequent tests - Repairs - Retest. (a) Except as otherwise provided in Chapter 13, each second division
vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, and medical transport vehicle, except those vehicles other than
school buses or medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population of 1,000,000 or
more inhabitants which are subjected to safety tests imposed by local
ordinance or resolution, operated in whole or in part over the highways
of this State, motor vehicle used for driver education training, and each vehicle designed to carry 15 or fewer passengers
operated by a contract carrier transporting employees in the course of
their employment
on a highway of this State, shall be subjected to the safety
test provided for in Chapter
13 of this Code. Tests shall be conducted at an official testing station
or by an official mobile safety testing company within 6 months prior to the application for registration as provided
for in this Code. Subsequently each vehicle shall be subject to tests (i) at
least every 6 months, (ii) in the case of school buses and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, at least every 6
months or 10,000 miles, whichever occurs first, (iii) in the case of driver education vehicles used by public high schools, at least every 12 months for vehicles over 5 model years of age or having an odometer reading of over 75,000 miles, whichever occurs first, or (iv) in the case of truck tractors, semitrailers, and property-carrying vehicles registered for a gross weight of more than 10,000 pounds but less than 26,001 pounds, at least every 12 months, and according to
schedules established by rules and regulations promulgated by the
Department. Any component subject to regular inspection which is
damaged in a reportable crash must be reinspected before the bus or first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit is
returned to service.
(b) The Department shall also conduct periodic nonscheduled inspections
of school buses, of buses registered as charitable vehicles and of
religious organization buses. If such inspection reveals that a vehicle is
not in substantial compliance with the rules promulgated by the Department,
the Department shall remove the Certificate of Safety from the vehicle, and
shall place the vehicle out-of-service. A bright orange, triangular decal
shall be placed on an out-of-service vehicle where the Certificate of
Safety has been removed. The vehicle must pass a safety test at an
official testing station or official mobile safety testing company before it is again placed in service.
(c) If the violation is not substantial a bright yellow, triangular
sticker shall be placed next to the Certificate of Safety at the time the
nonscheduled inspection is made. The Department shall reinspect the
vehicle after 3 working days to determine that the violation has been
corrected and remove the yellow, triangular decal. If the violation is not
corrected within 3 working days, the Department shall place the vehicle
out-of-service in accordance with procedures in subsection (b).
(d) If a violation is not substantial and does not directly affect the
safe operation of the vehicle, the Department shall issue a warning notice
requiring correction of the violation. Such correction shall be
accomplished as soon as practicable and a report of the correction shall be
made to the Department within 30 days in a manner established by the
Department. If the Department has not been advised that the corrections
have been made, and the violations still exist, the Department shall place
the vehicle out-of-service in accordance with procedures in subsection
(b).
(e) The Department is authorized to promulgate regulations to implement its
program of nonscheduled inspections. Causing or allowing the operation of
an out-of-service vehicle with passengers or unauthorized removal of an
out-of-service sticker is a Class 3 felony. Causing or allowing the
operation of a vehicle with a 3-day sticker for longer than 3 days with the
sticker attached or the unauthorized removal of a 3-day sticker is a Class C
misdemeanor.
(f) If a second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, medical transport vehicle, or
vehicle operated by a contract carrier as provided in subsection (a) of this
Section is in safe
mechanical condition, as determined pursuant to Chapter 13, the operator of
the official testing station or official mobile safety testing company must at once issue to the second division
vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, or medical transport vehicle a certificate of safety, in the form
and manner prescribed by the Department, which shall be affixed to the
vehicle by the certified safety tester who performed the safety tests. The
owner of the second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, or medical transport vehicle or the
contract carrier shall at
all times display the Certificate of Safety on the second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, medical transport vehicle, or vehicle operated by a contract carrier
in the manner prescribed by the Department.
(g) If a test shows that a second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, medical
transport
vehicle, or vehicle operated by a contract carrier is not in safe
mechanical condition as provided in this Section, it
shall not be operated on the highways until it has been repaired and
submitted to a retest at an official testing station or official mobile safety testing company. If the owner or
contract carrier submits
the vehicle to a retest at
a
different official testing station or official mobile safety testing company from that where it failed to pass the
first test, he or she shall present to the operator of the second station the
report of the original test, and shall notify the Department in writing,
giving the name and address of the original testing station or official mobile safety testing company and the defects
which prevented the issuance of a Certificate of Safety, and the name and
address of the second official testing station or official mobile safety testing company making the retest.
(Source: P.A. 102-982, eff. 7-1-23; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties;
funds. (a) For each diesel powered vehicle that (i) is registered for a gross
weight of
more than 16,000 pounds, (ii) is registered within an affected area, and
(iii) is a 2 year
or older model year, an annual emission
inspection test
shall be conducted at an official testing station or by an official portable emissions testing company certified by the Illinois
Department
of Transportation to perform
diesel emission inspections pursuant to the standards set forth in
subsection
(b) of this
Section. This annual emission inspection test may be conducted in conjunction
with a
semi-annual safety test.
(a-5) (Blank).
(b) Diesel emission inspections conducted under this Chapter 13 shall be
conducted in accordance with the Society of Automotive Engineers Recommended
Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered
Vehicles" and the cutpoint standards set forth in the United States
Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be used with the
SAE J1667 In-Use Smoke Test Procedure". Those procedures and standards, as
now in effect, are made a part of this Code, in the same manner as though they
were set out in full in this Code.
Notwithstanding the above cutpoint standards, for motor vehicles that are
model years 1973 and
older, until
December 31,
2002, the level of peak smoke opacity shall not exceed 70 percent. Beginning
January
1, 2003, for motor vehicles that are model years 1973 and older, the level of
peak smoke
opacity shall not exceed 55 percent.
(c) If the annual emission inspection under subsection (a) reveals
that the vehicle is not in compliance with
the
diesel emission standards set forth in subsection (b) of this Section, the
operator of the
official
testing station or official portable emissions testing company shall issue a warning notice requiring correction of the
violation. The correction shall be made and the vehicle submitted to an
emissions retest at an official testing station or official portable emissions testing company certified by the Department to
perform diesel emission inspections within 30 days from the issuance of the
warning notice requiring correction of the violation.
If, within 30 days from the issuance of the warning notice, the vehicle is
not in compliance with the diesel
emission standards set forth in subsection (b) as determined by an emissions
retest at an official testing station or through an official portable emissions testing company, the certified emissions testing operator or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a vehicle
that has been placed out-of-service under this subsection (c) is a petty
offense punishable by a $1,000 fine.
The vehicle must pass a diesel emission inspection at an official testing
station before it is again placed in service.
The Secretary of State, Illinois State Police, and other law enforcement
officers shall enforce this Section.
No emergency vehicle, as defined in Section 1-105, may be placed out-of-service
pursuant to this Section.
The Department, an official testing station, or an official portable emissions testing company may issue a certificate of
waiver subsequent to a reinspection of a vehicle that failed the emissions
inspection. Certificate of waiver shall be issued upon determination that
documented proof demonstrates that emissions repair costs for the noncompliant
vehicle of at least $3,000 have been spent in an effort to achieve
compliance with the emission standards set forth in subsection (b). The
Department of Transportation shall adopt rules for the implementation of this
subsection including standards of documented proof as well as the criteria by
which a waiver shall be granted.
(c-5) (Blank).
(d) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(625 ILCS 5/13-109.2)
Sec. 13-109.2.
Pollution Control Board diesel emission standards and
tests. Within 8 months of the effective date of this amendatory Act of the
91st General Assembly, the Pollution Control Board shall amend its heavy-duty
diesel smoke opacity standards and test procedures to be consistent with the
procedures and standards set forth in Section 13-109.1.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-109.3)
Sec. 13-109.3.
Exemption from diesel emissions inspections.
Second division vehicles being operated on plates issued pursuant to
subsection (c) of Section 3-815
are exempt from the diesel emissions inspection requirements set forth
in this Chapter.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110) Sec. 13-110. Certificate of safety. (a) Certificates of Safety shall be in contrasting colors, with a number on the face of the Certificate indicating the month of the next inspection period the vehicle is subject to inspection. Certificates for school buses shall also indicate the mileage at which the school bus shall be subject to inspection if it occurs before the next regular inspection period. The colors of Certificates of Safety shall be prescribed by the Department. (b) Certificates of Safety, which remain the property of the State of Illinois, will be provided to Official Testing Stations and official mobile safety testing companies by the Department at the fee of $1 each. Certificates of Safety which remain unused at the end of each inspection period will be redeemed for the same amount in a manner prescribed by the Department. (c) Nothing in this Chapter shall be construed as a suggestion or direction to any owner to require him to have any repairs made or any work done by any official testing station or official mobile safety testing company, but all tests must be made at an official testing station to secure the issuance of a certificate of safety, and no certificate of safety issued by any other than an official testing station or official mobile safety testing company shall be deemed a compliance with this Chapter.(Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
Sec. 13-111. Operation without certificate of safety attached; effective date
of certificate.
(a) Except as provided for in Chapter 13, no person shall operate any
vehicle required to be inspected by this Chapter upon the highways of this
State unless there is affixed to that vehicle a certificate of safety then in
effect. The Secretary of State, State Police, and other police officers shall
enforce this Section. The Department shall determine the expiration date of the
certificate of safety.
The certificates, all forms and records, reports of tests and retests,
and the full procedure and methods of making the tests and retests, shall
be in the form prescribed by the Department.
(b) Every person convicted of violating this Section is guilty
of a petty offense with a minimum fine of $95 and a maximum fine of $250; unless the violation is contemporaneous with a motor vehicle crash, in which case the person is guilty of a Class C misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/13-112) (from Ch. 95 1/2, par. 13-112)
Sec. 13-112.
Exemption from local tests.
Any second division vehicle or limousine displaying a certificate of safety
issued
under this Chapter is exempt from any test required by ordinance or
otherwise in any city, village or incorporated town in this State.
(Source: P.A. 87-1111.)
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(625 ILCS 5/13-113) (from Ch. 95 1/2, par. 13-113)
Sec. 13-113.
Sale or exchange of used vehicle without
certificate of safety. No person engaged in the business of buying,
selling or exchanging motor vehicles shall sell, transfer or exchange
any used second division vehicle or medical transport vehicle unless
it has been tested and a
currently valid certificate of safety has been issued therefor:
Provided, that such person engaged in the business of buying, selling or
exchanging motor vehicles may sell, transfer or exchange any used second
division vehicle or medical transport vehicle
without a valid certificate of safety if the sale,
transfer or exchange is for the purpose of restoring or repairing such
vehicle to a condition in which it can pass the test for a certificate
of safety, or for the purpose of junking. Provided, however, that the
used second division vehicle or medical transport vehicle
is not moved under its own power to the
location in which it will be restored, repaired or junked.
(Source: P.A. 82-433.)
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(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any vehicle registered in Illinois and operated by an interstate carrier
of property shall be exempt from the provisions of
this Chapter provided such carrier has registered with the Bureau of
Motor Carrier Safety of the Federal Highway Administration
as an interstate motor carrier of property and has been assigned a
federal census number by such Bureau. An interstate carrier of
property, however, is not exempt from the provisions of
Section 13-111(b)
of this Chapter.
Any vehicle registered in Illinois and operated by a private interstate
carrier of property shall be exempt from the provisions of this Chapter,
except the provisions of Section 13-111(b),
provided it:
1. is registered with the Bureau of Motor Carrier | ||
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2. carries in the motor vehicle documentation issued | ||
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3. displays on the sides of the motor vehicle the | ||
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(Source: P.A. 100-700, eff. 8-3-18; 101-362, eff. 1-1-20.)
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(625 ILCS 5/13-115) (from Ch. 95 1/2, par. 13-115)
Sec. 13-115.
School buses-pretrip inspections.
Each day that a school bus is operated the driver shall conduct a
pretrip inspection of the mechanical and safety equipment on the bus as
prescribed by rule or regulation of the Department.
A person other than the driver may perform portions of the pretrip inspection
as prescribed by rule of the Department.
(Source: P.A. 89-658, eff. 1-1-97.)
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(625 ILCS 5/13-116) (from Ch. 95 1/2, par. 13-116)
Sec. 13-116.
All funds collected by the Department under this Chapter
shall be deposited in the road fund in the State Treasury.
(Source: P.A. 80-606.)
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(625 ILCS 5/13-116.1)
Sec. 13-116.1. Emission inspection funding. The Department of
Transportation
shall be reimbursed for all expenses
related to the training, equipment, recordkeeping, and conducting of
diesel powered emission inspections pursuant to this Chapter 13 when that
testing is conducted within the affected areas, subject to
appropriation,
from the General Revenue Fund. No moneys
from any funds other than the General
Revenue Fund shall be appropriated for
diesel emission inspections under
this
Chapter 13.
(Source: P.A. 100-700, eff. 8-3-18.)
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(625 ILCS 5/13-117)
Sec. 13-117.
Home rule.
A unit of local government within the affected
areas, including home rule units, shall not require or
conduct a diesel emission inspection program that does not meet or exceed the
standards of the diesel emission inspections provided for in
this Chapter 13. A unit of local government within the affected areas,
including home rule units, must affirmatively comply with the diesel emission
inspection requirements of this Chapter 13.
This Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise by home
rule
units of powers and functions exercised by the State.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/Ch. 13A heading) CHAPTER 13A.
EMISSION INSPECTION
(Repealed by P.A. 92-682, eff. 1-1-03.)
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(625 ILCS 5/Ch. 13B heading) CHAPTER 13B.
EMISSION INSPECTION
(Repealed internally, eff. 7-1-07)
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(625 ILCS 5/Ch. 13C heading)
CHAPTER 13C. EMISSION INSPECTION
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-1) Sec. 13C-1. Short title. This Chapter may be cited as the Vehicle Emissions Inspection Law of 2005.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-5) Sec. 13C-5. Definitions. For the purposes of this Chapter: "Affected counties" means Cook County; DuPage County; Lake County; those parts of Kane County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, and 60554; those parts of Kendall County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60447, 60450, 60512, 60536, 60537, 60541, those parts of 60543 that are not within the census defined urbanized area, 60545, 60548, and 60560; those parts of McHenry County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and 60180; those parts of Will County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; those parts of Madison County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, 62281, and 62293; those parts of Monroe County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62244, 62248, 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and 62298; and those parts of St. Clair County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62224, 62243, 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, 62278, 62282, 62285, 62289, 62293, and 62298. "Board" means the Illinois Pollution Control Board. "Claim evaluation center" means an automotive diagnostic facility that meets the standards prescribed by the Agency for performing examinations of vehicle emissions inspection damage claims. "Contractor" means the vehicle emissions test contractor for official inspection stations described in Section 13C-45. "Diagnostic code" means a code stored in a vehicle's on-board diagnostic computer to indicate the occurrence of an emissions-related condition or malfunction. "Inspection area" means Cook County, DuPage County, Lake County, and those portions of Kane, Kendall, Madison, McHenry, Monroe, Will, and St. Clair Counties included in the definition of "affected counties". "Malfunction indicator lamp" or "MIL" means a dashboard lamp designed to illuminate to alert the driver to the occurrence of a problem or condition resulting in excessive emissions. "On-board diagnostic system" or "OBD system" means the computer-based system built into a vehicle that is designed to monitor the performance of major engine and emissions controls, to alert the operator to emissions-related malfunctions, and to store diagnostic codes and other vehicle operating information useful in repairing the vehicle. "Official inspection station" means a structure or physical location where the Agency has authorized vehicle emissions testing to be conducted. "Owner" means the registered owner of the vehicle, as indicated on the vehicle's registration. In the case of an unregistered vehicle, "owner" has the meaning set forth in Section 1-155 of this Code. "Program" means the vehicle emission inspection program established under this Chapter. "Readiness status" means an indication of whether a vehicle's on-board diagnostic system has completed a periodic check of the performance of a monitored system or component. "Resident" includes natural persons, foreign and domestic corporations, partnerships, associations, and all other commercial and governmental entities. For the purpose of determining residence, the owner of a vehicle shall be presumed to reside at the address indicated on the vehicle's registration. A governmental entity, including the federal government and its agencies, and any unit of local government or school district, any part of which is located within an affected county, shall be deemed a resident of an affected county for the purpose of any vehicle that is owned by the governmental entity and regularly operated in an affected county. "Registration" of a vehicle means its registration under Article IV of Chapter 3 of this Code. "Vehicle age" means the numerical difference between the current calendar year and the vehicle model year.
(Source: P.A. 97-106, eff. 2-1-12.) |
(625 ILCS 5/13C-10) Sec. 13C-10. Program. (a) The Agency shall establish a program to begin February 1, 2007, to reduce the emission of pollutants by motor vehicles. This program shall be a replacement for and continuation of the program established under the Vehicle Emissions Inspection Law of 1995, Chapter 13B of this Code. At a minimum, this program shall provide for all of the following: (1) The inspection of certain motor vehicles every 2 | ||
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(2) The establishment and operation of official | ||
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(3) The designation of official test equipment and | ||
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(4) The training and supervision of inspectors and | ||
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(5) Procedures to assure the correct operation, | ||
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(6) Procedures for certifying test results and for | ||
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(7) The funding of electric vehicle rebates and | ||
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(b) The Agency shall provide for the operation of a sufficient number of official inspection stations to prevent undue difficulty for motorists to obtain the inspections required under this Chapter. In the event that the Agency operates inspection stations or contracts with one or more parties to operate inspection stations on its behalf, the Agency shall endeavor to: (i) locate the stations so that the owners of vehicles subject to inspection reside within 12 miles of an official inspection station; and (ii) have sufficient inspection capacity at the stations so that the usual wait before the start of an inspection does not exceed 15 minutes.
(Source: P.A. 102-662, eff. 9-15-21.) |
(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections. (a) Computer-Matched Inspections and Notification. (1) The provisions of this subsection (a) are | ||
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The Agency shall send notice of the assigned | ||
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The Agency or its agent may issue an interim emission | ||
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The owner of each vehicle subject to inspection shall | ||
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(2) Except as provided in paragraph (a)(3), vehicles | ||
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(3) A vehicle may be inspected at a time outside of | ||
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(4) The owner of a vehicle subject to inspection | ||
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(5) For a $20 fee, to be paid into the Vehicle | ||
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(A) A vehicle registered in and subject to the | ||
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(B) A vehicle presented for inspection on a | ||
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Any fees collected under this paragraph (5) shall | ||
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(6) The following vehicles are not subject to | ||
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(A) Vehicles not subject to registration under | ||
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(B) Motorcycles, motor driven cycles, and | ||
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(C) Farm vehicles and implements of husbandry. (D) Implements of warfare owned by the State or | ||
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(E) Antique vehicles, expanded-use antique | ||
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(F) Vehicles operated exclusively for parade or | ||
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(G) Vehicles for which the Secretary of State, | ||
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(H) Diesel powered vehicles and vehicles that are | ||
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(I) Vehicles operated exclusively in organized | ||
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(J) Vehicles registered in, subject to, and in | ||
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(K) Vehicles participating in an OBD continuous | ||
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(L) Vehicles of model year 1995 or earlier that | ||
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The Agency may issue temporary or permanent exemption | ||
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(7) According to criteria that the Agency may adopt, | ||
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(8) Any owner or lessee of a fleet of 15 or more | ||
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(9) Pursuant to Title 40, Section 51.371 of the Code | ||
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(b) Registration Denial Inspection and Notification. (1) No later than January 1, 2008, every motor | ||
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The owner of a vehicle subject to inspection shall | ||
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The Secretary of State shall notify the owner of a | ||
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The owner of each vehicle subject to inspection shall | ||
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(2) Except as provided in paragraphs (b)(3), (b)(4), | ||
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(3) A vehicle shall be inspected and comply at a time | ||
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(4) Vehicles with 2-year registrations shall be | ||
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(5) Vehicles with permanent vehicle registration | ||
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(6) The Agency and the Secretary of State shall | ||
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(7) For a $20 fee, to be paid into the Vehicle | ||
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(A) A vehicle registered in and subject to the | ||
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(B) A vehicle presented for inspection on a | ||
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Any fees collected under this paragraph (7) shall not | ||
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(8) The following vehicles are not subject to | ||
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(A) Vehicles not subject to registration under | ||
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(B) Motorcycles, motor driven cycles, and | ||
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(C) Farm vehicles and implements of husbandry. (D) Implements of warfare owned by the State or | ||
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(E) Antique vehicles, expanded-use antique | ||
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(F) Vehicles operated exclusively for parade or | ||
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(G) Vehicles for which the Secretary of State, | ||
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(H) Diesel powered vehicles and vehicles that are | ||
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(I) Vehicles operated exclusively in organized | ||
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(J) Vehicles registered in, subject to, and in | ||
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(K) Vehicles participating in an OBD continuous | ||
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(L) Vehicles of model year 1995 or earlier that | ||
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(M) Vehicles of model year 2006 or earlier with a | ||
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(N) Vehicles with a manufacturer gross vehicle | ||
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The Agency may issue temporary or permanent exemption | ||
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(9) According to criteria that the Agency may adopt, | ||
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(10) Any owner or lessee of a fleet of 15 or more | ||
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(11) Pursuant to Title 40, Section 51.371 of the Code | ||
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(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; 97-813, eff. 7-13-12.) |
(625 ILCS 5/13C-20) Sec. 13C-20. Rules and standards. (a) The rules and emission standards adopted under subsection (a) of Section 13B-20 of this Code shall apply to the program established under this Chapter and continue in effect until amended or repealed by the Board under this subsection.
The Agency shall propose any other standards necessary to achieve reductions in the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor vehicles subject to inspection under this Chapter. Within 120 days after the Agency proposes those standards, the Board shall adopt any necessary rules establishing standards for the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor vehicles subject to inspection under this Chapter. The rules may be amended from time to time pursuant to Agency proposals. The Board shall set standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide, and oxides of nitrogen emissions, as determined by the applicable vehicle emission estimation model and rules developed by the United States Environmental Protection Agency, that are required by the federal Clean Air Act. A predetermined rate of failure shall not be used in determining standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide, and oxides of nitrogen emissions. The emission standards established by the Board for vehicles of model year 1981 or later shall be identical in substance, as defined in Section 7.2(a) of the Environmental Protection Act, to the emission standards promulgated by the United States Environmental Protection Agency. Except as otherwise provided in this subsection, subsection (b) of Section 27 of the Environmental Protection Act and the rulemaking provisions of the Illinois Administrative Procedure Act do not apply to rules adopted by the Board under this subsection. Challenges to the validity of rules adopted by the Board under this subsection or subsection (a) of Section 13B-20 may be brought only by filing a petition for review in the Appellate Court under Section 29 of the Environmental Protection Act within 35 days after the rule is filed with the Secretary of State. (b) The procedures established by the Agency under subsection (b) of Section 13B-20 of this Code shall apply to the program established under this Chapter and remain in effect until amended or repealed under this subsection. The Agency may at any time amend or repeal those procedures and may establish additional procedures designed to implement this Chapter.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-25) Sec. 13C-25. Performance of inspections. (a) Except as provided in subsection (b), the inspection of vehicles required under this Chapter shall be performed only: (i) by inspectors who have been certified by the Agency after successfully completing a course of training and successfully passing a written test; (ii) at official inspection stations, including on-road inspection sites established under this Chapter; and (iii) with equipment that has been approved by the Agency for these inspections. (b) The requirements of subdivisions (a)(i) and (a)(ii) of this Section do not preclude the performance of inspections (1) at self-service official inspection stations, (2) using Agency-approved wireless communication interfaces, and (3) using systems designed to perform remote on-board diagnostic inspections. (c) Except as provided in subsection (h), the inspection shall consist of an on-board diagnostic system test. The owner of the vehicle or the owner's agent shall be entitled to an emission inspection certificate issued by the Agency only if all required tests are passed at the time of the inspection. (d) (Blank). (e) (Blank). (f) (Blank). (g) The on-board diagnostic system test shall consist of accessing the vehicle's on-board computer system, determining the vehicle's readiness status and MIL status, and retrieving any stored diagnostic codes that may be present. The vehicle shall be deemed to have passed this test if the vehicle readiness status indicates that the vehicle's OBD system has completed all required system and component checks, the MIL status is appropriate, and the diagnostic codes retrieved do not exceed standards set for vehicles of that type under Section 13C-20.
(h) A visual inspection test of the MIL may be substituted for the on-board diagnostic system test on any vehicle for which on-board diagnostic testing is not possible due to the vehicle's originally certified design or its design as modified in accordance with federal law and regulations, and on any vehicle with known on-board diagnostic communications or software problems, as determined by the Agency. The visual inspection test shall consist of verifying the status of the MIL in the key-on/engine off position and the key-on/engine on position. The vehicle shall be deemed to have passed this test if the MIL illuminates briefly during the key-on/engine off position and does not illuminate during the key-on/engine on position.(Source: P.A. 97-106, eff. 2-1-12.) |
(625 ILCS 5/13C-30) Sec. 13C-30. Waivers. (a) The Agency shall certify that a vehicle that has failed a vehicle emission retest qualifies for a waiver of the emission inspection standards if all of the following criteria are met: (1) The vehicle has received all repairs and | ||
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(2) The Agency determines by normal inspection | ||
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(3) Consistent with Title 40, Section 51.360 of the | ||
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(4) For a vehicle of model year 1981 or later, the | ||
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(5) Evidence of repair is presented, consisting of | ||
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(b) The Agency may issue an emission inspection certificate to a vehicle failing a retest if a complete documented physical and functional diagnosis and inspection shows that no additional emission-related repairs are needed. This diagnostic inspection must be performed by the Agency or its designated agent and shall be available only to a vehicle owner whose vehicle was repaired by a recognized repair technician. (c) The Agency may extend the emission inspection certificate expiration date by one year upon receipt of a petition by the vehicle owner that needed repairs cannot be made due to economic hardship. Consistent with Title 40, Section 51.360 of the Code of Federal Regulations, this extension may be granted more than once during the life of the vehicle. (d) The Agency may issue an emission inspection certificate for a vehicle subject to inspection under this Chapter that is located and primarily used in an area subject to the vehicle inspection requirements of another state. An emission inspection certificate shall be issued under this subsection only upon receipt by the Agency of evidence that the vehicle has been inspected and is in compliance with the emission inspection requirements and standards applicable in the state or local jurisdiction where the vehicle is being used.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-35) Sec. 13C-35. Inquiries. The Agency shall develop a means of responding to inquiries from inspectors and members of the public concerning the program, including (i) when inspections are required, (ii) what kind of inspections are required, (iii) whether emission inspection stickers or certificates previously required for a vehicle have been obtained, and (iv) the procedures for resolving disputes concerning inspections.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-40) Sec. 13C-40. Grievance and damage claim requirements and procedures. (a) Emissions inspection and waiver denial grievance procedures. (1) Any person aggrieved by a decision regarding the | ||
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(2) The written determination of the Agency shall be | ||
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(b) Vehicle damage claim requirements and procedures. (1) The contractor shall make vehicle damage claim | ||
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(2) Notice of the vehicle damage claim procedures and | ||
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(3) If a vehicle owner believes that his or her | ||
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(A) Within 30 days of the date of the vehicle | ||
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(B) Within 30 days of filing the claim, the owner | ||
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(4) The contractor shall promptly notify the Agency | ||
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(5) Within 60 days after the filing of a vehicle | ||
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(6) Within 30 days after receiving the contractor's | ||
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(7) Upon receiving a petition for review, the Agency | ||
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(8) Within 30 days after receiving the relevant | ||
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(9) The Agency shall notify the vehicle owner in | ||
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(10) If, after the Agency's review, the vehicle owner | ||
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(11) The Agency's review of the adequacy and | ||
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(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-45) Sec. 13C-45. Contracts. (a) The Agency may enter into contracts with one or more responsible parties to construct and operate official inspection stations, provide and maintain approved test equipment, administer tests, certify results, issue emission inspection stickers or certificates, maintain records, train personnel, provide information to the public concerning the program, or to otherwise further the goals of this Chapter. (b) In preparing its proposals for bidding by potential contractors, the Agency shall endeavor to include provisions relating to the following factors: (1) The demonstrated financial responsibility of the | ||
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(2) The specialized experience and technical | ||
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(3) The potential contractor's past record of | ||
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(4) The capacity of the potential contractor to | ||
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(5) The familiarity of the potential contractor with | ||
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(6) The potential contractor's proposed method to | ||
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(7) Avoidance of personal and organizational | ||
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(8) The potential contractor's present and prior | ||
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(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-50) Sec. 13C-50. Costs. (a) Except as otherwise provided in paragraph (a)(5) or (b)(7) of Section 13C-15, no fee shall be charged to motor vehicle owners for obtaining inspections required under this Chapter. The Vehicle Inspection Fund, which is a fund created in the State treasury for the purpose of receiving moneys from the Motor Fuel Tax Fund and other sources, shall be used, subject to appropriation, for the payment of the costs of the program, including reimbursement of those agencies of the State that incur expenses in the administration or enforcement of the program. The Vehicle Inspection Fund shall continue in existence notwithstanding the repeal of Chapter 13B. Any money in the Vehicle Inspection Fund on February 1, 2007, shall be used for the purposes set forth in this Chapter. (b) The Agency may acquire, own, maintain, operate, sell, lease and otherwise transfer real and personal property and interests in real and personal property for the purpose of creating or operating inspection stations and for any other purpose relating to the administration of this Chapter, and may use money from the Vehicle Inspection Fund for these purposes.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) |
(625 ILCS 5/13C-55) Sec. 13C-55. Enforcement. (a) Computer-Matched Enforcement. (1) The provisions of this subsection (a) are | ||
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The Agency shall cooperate with the Secretary of | ||
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The Secretary of State shall cooperate with the | ||
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(2) The Secretary of State shall suspend either the | ||
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A suspension under this paragraph (a)(2) shall not | ||
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(b) Registration Denial Enforcement. (1) No later than January 1, 2008, and consistent | ||
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(A) An external, readily visible means of | ||
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(B) A biennial schedule of testing that clearly | ||
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(C) A testing certification mechanism (either | ||
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(i) Expiration date of the certificate; (ii) Unambiguous vehicle identification | ||
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(iii) Whether the vehicle passed or received | ||
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(D) A commitment to routinely issue citations to | ||
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(E) A commitment to structure the penalty system | ||
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(F) Ensurance that evidence of testing is | ||
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(G) Prevention of owners or lessors from avoiding | ||
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(H) Prevention of the fraudulent initial | ||
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(I) Limiting and tracking of the use of time | ||
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(J) Providing for meaningful penalties for cases | ||
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(K) Limiting and tracking exemptions to prevent | ||
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(L) Encouraging enforcement of vehicle | ||
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(2) The Agency shall cooperate in the enforcement of | ||
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The Agency shall cooperate with the Secretary of | ||
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The Secretary of State shall cooperate with the | ||
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(3) Consistent with the requirements of Section | ||
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(4) The Secretary of State shall suspend the | ||
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(Source: P.A. 101-395, eff. 8-16-19.) |
(625 ILCS 5/13C-60) Sec. 13C-60. Other offenses. (a) Any person who knowingly displays an emission inspection or exemption certificate for any vehicle other than the one for which the certificate was lawfully issued in accordance with the provisions of this Chapter, or duplicates, alters, uses, possesses, issues, or distributes any emission inspection or exemption certificate, or facsimile thereof, except in accordance with the provisions of this Chapter and the rules and regulations adopted hereunder, is guilty of a Class C misdemeanor. (b) A vehicle owner shall pay a monetary fine equivalent to the test fee plus the applicable waiver repair expenditure for the continued operation of a non-complying
vehicle beyond 4 months past the expiration of the vehicle emission inspection certificate. Any fines collected under this Section shall be divided equally between the local jurisdiction issuing the citation and the Vehicle Inspection Fund.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) |
(625 ILCS 5/13C-75) Sec. 13C-75. Home rule. The vehicle emission inspection program created by this Chapter is hereby declared to be the subject of exclusive State jurisdiction. Pursuant to subsection (h) of Section 6 of Article VII of the Illinois Constitution, the exercise by a home rule unit of any power that is inconsistent with this Chapter is hereby specifically denied and preempted.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/Ch. 15 heading) CHAPTER 15.
SIZE, WEIGHT, LOAD AND PERMITS
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(625 ILCS 5/13C-80) Sec. 13C-80. Inspection replacement plan; report to General Assembly. By October 1, 2022, the Agency shall submit a written report to the General Assembly containing its plan to replace the dismantled official inspection stations located in the City of Chicago. The removal of the official inspection stations adversely impacted Chicago's 2.8 million population. The plan shall consist of either a pilot program or a permanent replacement program. The described plan shall provide information on the proposed locations of the new stations within the City of Chicago, information on programs implemented in other states, and a target date for full operation of all stations. The Agency shall issue a request for proposals related to its plan by January 1, 2023. The described plan shall also contain a timeline of actions including the issuance of a request for proposals by January 1, 2023. The plan shall include procurement of services, technology, equipment, and other elements necessary to replace the former vehicle testing lanes and shall state whether the replacement stations in the City of Chicago will utilize permanent self-service kiosks or other services. The plan shall also include the Agency's strategy of how best to inform people of the location and hours of operation of the new official inspection stations and conduct an informational campaign. Any contracts awarded as a result of this plan shall adhere to all State procurement requirements. The State shall consider contracting with minority-owned businesses as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(Source: P.A. 102-738, eff. 5-6-22.) |
(625 ILCS 5/Ch. 15 Art. I heading) ARTICLE I.
SIZE, WEIGHT AND LOAD
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(625 ILCS 5/15-100) (from Ch. 95 1/2, par. 15-100)
Sec. 15-100.
(Repealed).
(Source: P.A. 87-1203. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/15-101) (from Ch. 95 1/2, par. 15-101)
Sec. 15-101. Scope and effect of Chapter 15.
(a) It is unlawful for any person to drive or move on, upon or across or
for the owner to cause or knowingly permit to be driven or moved on, upon
or across any highway any vehicle or vehicles of a size and weight
exceeding the limitations stated in this Chapter or otherwise in violation
of this Chapter, and the maximum size and weight of vehicles herein
specified shall be lawful throughout this State, and local authorities
shall have no power or authority to alter such limitations except as
express authority may be granted in this Chapter.
(b) The provisions of this Chapter governing size, weight, and load do
not apply to equipment for snow and ice removal
operations owned or operated by any governmental body, or to implements of
husbandry, as defined in Chapter 1 of this Code, temporarily operated or
towed in a combination upon a highway
provided such combination does not consist of more than 3 vehicles or, in
the case of hauling fresh, perishable fruits or vegetables from farm to the
point of first processing, not more than 3 wagons being towed by an
implement of husbandry, or to a vehicle operated under the terms of a
special permit issued hereunder. Except for weight limits on Class I highways under this Chapter, the provisions of this Chapter governing size, weight, and load do not apply to fire apparatus or emergency vehicles.
(c) The provisions of this Chapter governing size, weight, and load do not apply to any snow and ice removal equipment that is no more than 12 feet in width, if the equipment displays flags at least 18 inches square mounted on the driver's side of the snow plow.
These vehicles must be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the top of the cab and of sufficient intensity to be visible at 500 feet in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the rear of the load and of sufficient intensity to be visible at 500 feet in normal sunlight.
(Source: P.A. 99-717, eff. 8-5-16; 100-366, eff. 1-1-18.)
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(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of vehicles.
(a) On Class III and non-designated State and local highways, the total
outside width of any vehicle or load thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient light or unfavorable
atmospheric conditions, persons and vehicles on the highway are not clearly
discernible at a distance of 1000 feet, the following vehicles may exceed
the 8 feet 6 inch limitation during the period from a half hour before
sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm | ||
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(2) Implements of husbandry being transported on | ||
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The following requirements apply to the | ||
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(A) The driver of a vehicle transporting an | ||
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(B) Flags shall be displayed so as to wave freely | ||
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(C) "OVERSIZE LOAD" signs are mandatory on the | ||
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(D) One civilian escort vehicle is required for a | ||
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(E) The requirements for a civilian escort | ||
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(1) The civilian escort vehicle shall be a | ||
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(2) The escort vehicle driver must be | ||
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(3) While in use, the escort vehicle must be | ||
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(4) "OVERSIZE LOAD" signs are mandatory on | ||
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(5) When only one escort vehicle is required | ||
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(6) When 2 escort vehicles are required, one | ||
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(7) When traveling within the corporate | ||
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(8) A separate escort shall be provided for | ||
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(9) The driver of an escort vehicle shall | ||
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(10) The escort vehicle must be in safe | ||
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(11) The driver of the escort vehicle must be | ||
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(F) A transport vehicle while under load of more | ||
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(G) When a flashing amber light is required on | ||
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(H) Maximum speed shall be 45 miles per hour on | ||
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(3) Portable buildings designed and used for | ||
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All buildings when being transported shall display at least 2 red
cloth flags, not less than 12 inches square, mounted as high as practicable
on the left and right side of the building.
An Illinois State Police escort shall be required if it is necessary for this load
to use part of the left lane when crossing any 2-laned State highway bridge.
(c) Vehicles propelled by electric power obtained from overhead trolley
wires operated wholly within the corporate limits of a municipality are
also exempt from the width limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169, may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances | ||
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(2) the roadway on which the vehicle is traveling has | ||
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As used in this subsection (d-1) and in subsection (d-2), the term appurtenance includes (i) a retracted awning and its support hardware and (ii) any appendage that is intended to be an integral part of a recreational vehicle. (d-2) A recreational vehicle that exceeds 8 feet 6 inches in width as provided in subsection (d-1) may travel any roadway of the State if the vehicle is being operated between a roadway permitted under subsection (d-1) and: (1) the location where the recreational vehicle is | ||
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(2) the destination of the recreational vehicle; or (3) a facility for food, fuel, repair, services, or | ||
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(e) A vehicle and load traveling upon the National System of Interstate
and Defense Highways or any other highway in the system of State highways
that has been designated as a Class I or Class II highway by the
Department, or any street or highway designated by local authorities, may have a total outside width of 8 feet 6
inches, provided that certain safety devices that the Department
determines as necessary for the safe and efficient operation of motor
vehicles shall not be included in the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code may project up to 14 inches beyond each side of
a bus and up to 6 inches beyond each
side
of any other vehicle, and that projection shall not be deemed a
violation of the width restrictions of this Section.
(g) Any person who is convicted of violating this Section is subject to
the penalty as provided in paragraph (b) of Section 15-113.
(h) Safety devices identified by the Department in accordance with Section 12-812 shall not be deemed a violation of the width restrictions of this Section. (Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/15-103) (from Ch. 95 1/2, par. 15-103)
Sec. 15-103.
Height of vehicles.
The height of a vehicle from the under side of the tire to the top of
the vehicle, inclusive of load, shall not exceed 13 feet,
6 inches on any highway in the State.
A person convicted of violating this Section is subject to the penalty
provided in paragraph (b) of Section 15-113.
(Source: P.A. 92-417, eff. 1-1-02.)
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(625 ILCS 5/15-105) (from Ch. 95 1/2, par. 15-105)
Sec. 15-105.
Projecting loads on passenger vehicles.
No passenger-type vehicle shall be operated on any highway with any load
carried thereon extending beyond the line of the fenders on the left side
of such vehicle nor extending more than 6 inches beyond the line of the
fenders on the right side thereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-106) (from Ch. 95 1/2, par. 15-106)
Sec. 15-106.
Protruding members of vehicles.
No vehicle with boom, arm, drill rig or other protruding component shall
be operated upon any highway in this State unless such
protruding component is
fastened
so as to prevent shifting, bouncing or moving in any manner.
(Source: P.A. 92-417, eff. 1-1-02.)
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(625 ILCS 5/15-107)
(from Ch. 95 1/2, par. 15-107)
Sec. 15-107. Length of vehicles.
(a) The maximum length of a single vehicle on any highway of this State
may not exceed 42 feet except the following:
(1) Semitrailers.
(2) Charter or regulated route buses may be up to 45 | ||
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(a-1) A motor home as defined in Section 1-145.01 may be up to 45 feet
in length, not including energy absorbing bumpers. The length limitations
described in this subsection (a-1) shall be exclusive of energy-absorbing
bumpers and rear view mirrors.
(b) (Blank).
(c) Except as provided in subsections (c-1) and (c-2), combinations of vehicles may not exceed a total of 2 vehicles except
the
following:
(1) A truck tractor semitrailer may draw one trailer.
(2) A truck tractor semitrailer may draw one | ||
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(3) A truck tractor semitrailer may draw one vehicle | ||
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(4) A truck in transit may draw 3 trucks in transit | ||
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(5) Recreational vehicles consisting of 3 vehicles, | ||
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(A) The total overall dimension does not exceed | ||
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(B) The towing vehicle is a properly registered | ||
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(C) The second vehicle in the combination of | ||
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(D) The third vehicle must be the lightest of the | ||
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(E) The towed vehicles may be only for the use of | ||
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(F) All vehicles must be properly equipped with | ||
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(6) A tow truck in combination with a disabled | ||
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(A) Is specifically designed as a tow truck | ||
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(B) Is equipped with flashing, rotating, or | ||
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(C) Is capable of utilizing the lighting and | ||
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(D) Does not engage a tow exceeding 50 highway | ||
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The Department may by rule or regulation prescribe | ||
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For purposes of this Section, a tow-dolly that merely | ||
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(7) Commercial vehicles consisting of 3 vehicles, | ||
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(A) The total overall dimension does not exceed | ||
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(B) The towing vehicle is a properly registered | ||
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(C) The third vehicle must be the lightest of the | ||
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(D) All vehicles must be properly equipped with | ||
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(E) The combination of vehicles must be operated | ||
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(F) The combination of vehicles must be en route | ||
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(c-1) A combination of 3 vehicles is allowed access to any State designated highway if: (1) the length of neither towed vehicle exceeds 28.5 | ||
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(2) the overall wheel base of the combination of | ||
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(3) the combination of vehicles is en route to a | ||
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(c-2) A combination of 3 vehicles is allowed access from any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of delivery or collection of one or both of the towed vehicles if: (1) the length of neither towed vehicle exceeds 28.5 | ||
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(2) the combination of vehicles does not exceed | ||
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(3) there is no sign prohibiting that access; (4) the route is not being used as a thoroughfare | ||
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(5) the combination of vehicles is en route to a | ||
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(d) On Class I highways there are no overall length limitations on motor
vehicles
operating in combinations provided:
(1) The length of a semitrailer, unladen or with | ||
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(2) The distance between the kingpin and the center | ||
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(3) The length of a semitrailer or trailer, unladen | ||
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(4) Maxi-cube combinations, as defined in Chapter 1, | ||
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(5) Combinations of vehicles specifically designed to | ||
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(6) Stinger-steered semitrailer vehicles specifically | ||
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(7) A truck in transit transporting 3 trucks coupled | ||
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(8) A towaway trailer transporter combination may not | ||
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Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New
Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
The length limitations described in this paragraph (d) shall be exclusive
of safety and energy conservation devices,
such as bumpers, refrigeration
units or air compressors and other devices, that the Department may interpret
as necessary for safe and efficient
operation; except that no device excluded under this paragraph shall have by
its design or use the capability to carry cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (d).
(e) On Class II highways there are no overall length limitations on motor
vehicles
operating in combinations, provided:
(1) The length of a semitrailer, unladen or with | ||
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(2) The distance between the kingpin and the center | ||
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(3) A truck tractor-semitrailer-trailer or truck | ||
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(4) The length of a semitrailer or trailer, unladen | ||
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(5) Maxi-cube combinations, as defined in Chapter 1, | ||
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(6) A combination of vehicles, specifically designed | ||
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(7) Stinger-steered semitrailer vehicles specifically | ||
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(8) A truck in transit transporting 3 trucks coupled | ||
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(9) A towaway trailer transporter combination may not | ||
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Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
Local authorities, with respect to
streets and highways under their jurisdiction, may also by ordinance or
resolution allow length limitations of this subsection (e).
The length limitations described in this paragraph (e) shall be exclusive
of safety and energy conservation devices, such as bumpers, refrigeration units
or air compressors and other devices, that the Department may interpret as
necessary for safe and efficient operation; except that no device excluded
under this paragraph shall have by its design or use the capability to carry
cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(e-1) (Blank). (e-2) Except as provided in subsection (e-3), combinations of vehicles over
65
feet in length, with no overall length
limitation except as provided in subsections (d) and (e) of this Section, are
allowed access as follows: (1) From a Class I highway onto any street or highway | ||
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(2) From a Class I or Class II highway onto any | ||
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(A) there is no sign prohibiting that access; and (B) the route is not being used as a thoroughfare | ||
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(e-3) Combinations of vehicles over 65 feet in length operated by household
goods carriers or towaway trailer transporter combinations, with no overall length limitations except as provided in
subsections (d) and (e) of this Section, have unlimited access to points of
loading,
unloading, or delivery to or from a manufacturer, distributor, or dealer. (f) On non-designated highways, the maximum length
limitations
for vehicles in combination are as follows:
(1) A truck tractor in combination with a semitrailer | ||
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(2) Semitrailers, unladen or with load, may not | ||
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(3) A truck tractor-semitrailer-trailer or truck | ||
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(4) The distance between the kingpin and the center | ||
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(g) Length limitations in the preceding subsections of this Section 15-107
do not apply to the following:
(1) Vehicles operated in the daytime, except on | ||
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(2) Vehicles and loads operated by a public utility | ||
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(3) A tow truck in combination with a disabled | ||
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The towing vehicle, however, may tow any disabled vehicle from the initial
point of wreck or disablement to a point where repairs are actually to occur.
This movement shall be valid only on State routes.
The tower must abide by posted bridge weight limits.
All other combinations not listed in this subsection (f) may not exceed 60 feet overall dimension.
(h) The load upon any vehicle operated alone, or the load upon the
front vehicle of a combination of vehicles, shall not extend more than 3
feet beyond the front wheels of the vehicle or the front bumper of the
vehicle if it is equipped with a front bumper.
The provisions of this subsection (h) shall not apply to any vehicle or
combination of vehicles specifically designed for the collection and
transportation of waste, garbage, or recyclable materials during the vehicle's
operation in the course of collecting
garbage, waste, or
recyclable materials if the vehicle is traveling at a speed not in
excess of
15 miles per hour during the vehicle's operation and in the course of
collecting garbage, waste, or recyclable materials. However, in no instance
shall the load extend more than 7 feet beyond the front wheels of the vehicle
or the front bumper of the vehicle if it is equipped with a front bumper.
(i) The load upon the front vehicle of an automobile transporter or a stinger-steered vehicle
specifically designed to transport motor vehicles shall not extend more
than 4 feet beyond the foremost part of the transporting vehicle and the
load upon the rear transporting vehicle shall not extend more than 6 feet
beyond the rear of the bed or body of the vehicle. This paragraph shall
only be applicable upon highways designated in paragraphs (d) and (e) of
this Section.
(j) Articulated vehicles comprised of 2 sections, neither of which
exceeds a length of 42 feet, designed for the carrying of more than 10
persons, may be up to 60 feet in length, not including energy absorbing
bumpers, provided that the vehicles are:
1. operated by or for any public body or motor | ||
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2. operated in local public transportation service by | ||
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(j-1) (Blank).
(k) Any person who is convicted of violating this Section is subject
to the penalty as provided in paragraph (b) of Section 15-113.
(l) (Blank).
(Source: P.A. 102-124, eff. 7-23-21; 103-258, eff. 1-1-24.)
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(625 ILCS 5/15-108) (from Ch. 95 1/2, par. 15-108)
Sec. 15-108.
Planking edge of a pavement.
No tractor, traction engine or
other metal tired vehicle, weighing more than 4 tons,
including the weight of the vehicle and its load, shall drive up onto, off or
over the edge of any paved public highway in this State, without protecting
such edge by putting down solid planks or other suitable device to prevent such
vehicle from breaking off the edges or corners of such pavement.
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 5/15-109) (from Ch. 95 1/2, par. 15-109)
Sec. 15-109.
Spilling loads on highways prohibited.
(a) No vehicle shall be driven or moved on any highway unless such
vehicle is so constructed or loaded as to prevent any of its load from
dropping, shifting, leaking or otherwise escaping therefrom, except that
sand may be dropped for the purpose of securing traction, or water or other
substance may be sprinkled on a roadway in cleaning or maintaining such
roadway.
(b) No person shall operate on any highway any vehicle with any load
unless said load and any covering thereon is securely fastened so as to
prevent said covering or load from becoming loose, detached, or in any
manner a hazard to other users of the highway.
(c) The Department shall adopt such rules and regulations it deems appropriate
which require the securing of steel rolls and other objects on flatbed trucks
so as to prevent injury to users of highways and damage to property. Any
person who operates a flatbed truck on any highway in violation of the rules
and regulations promulgated by the Department under this subsection shall
be guilty of a Class A misdemeanor.
(Source: P.A. 82-231.)
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(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
Sec. 15-109.1.
Covers or tarpaulins required for certain loads.
(a) No person shall operate or cause to be operated, on a highway, any
second
division vehicle loaded with dirt, aggregate, garbage, refuse, or other
similar material, when any portion of the load is falling, sifting,
blowing, dropping or in any way escaping from the vehicle.
(b) No person shall operate or cause to be operated, on a highway, any
second division vehicle having a gross vehicle weight rating of 8,000 pounds or
more loaded with dirt, aggregate, garbage, refuse, or other
similar material in or on any part of the vehicle other than in the cargo
area. In addition, no person shall operate on any highway, such vehicle
unless the tailgate on the vehicle is in good repair and operating condition
and closes securely so as to prevent any load, residue, or other material from
escaping.
(c) This Section shall not apply to the operation of highway maintenance
vehicles engaged in removing snow and ice from the roadway, nor to
implements of husbandry or other farm vehicles while transporting
agricultural products to or from the original place of production.
(d) For the purpose of this Section "aggregate" shall include all ores,
minerals, sand, gravel, shale, coal, clay, limestone or any other ore or
mineral which may be mined.
(e) Notwithstanding any other penalty, whenever a police officer
determines
that the operator of a vehicle is in violation of this Section, as evidenced
by the issuance of a citation for a violation of Section 15-109.1 of this
Code, or where a police officer determines that a dangerous condition exists
whereby any portion of the load may fall, sift, blow, drop, or in any way
escape
or fall from the vehicle,
the police officer shall require the operator to stop the vehicle in
a suitable place and keep such vehicle stationary until the load has either
been reduced, secured, or covered with a cover or tarpaulin of sufficient
size to prevent any further violation of this Section.
(f) Any violation of the provisions of this Section shall be a petty
offense punishable by a fine not to exceed $250.
(Source: P.A. 91-858, eff. 1-1-01.)
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(625 ILCS 5/15-110) (from Ch. 95 1/2, par. 15-110)
Sec. 15-110.
Towed vehicles.
(a) When one vehicle is towing another, the drawbar or other connection
shall be of sufficient strength to pull all the weight towed thereby and
the drawbar or other connection shall not exceed 15 feet from one vehicle
to the other, except for the connection between any 2 vehicles transporting
poles, pipes, machinery or other objects of structural nature which cannot
readily be dismembered.
(b) Outside a business, residential or suburban district or on any
controlled access highway, no vehicle other than a pole trailer or a
semitrailer which is being towed by a truck tractor and is connected by the
means of a fifth wheel shall be towed on a roadway except by a drawbar and
each such vehicle so towed shall, in addition, be coupled with 2 safety
chains or cables to the towing vehicle. Such chains or cables shall be of
sufficient size and strength to prevent the towed vehicle parting from the
drawing vehicle in case the drawbar should break or become disengaged.
(c) The provisions of this section shall not apply to any second
division vehicle owned, operated or controlled by any person who is
registered with the Bureau of Motor Carrier Safety of the Federal Highway
Administration and has complied with the federal safety provisions of the
Bureau of Motor Carrier Safety of the Federal Highway Administration and
the rules and regulations of the Bureau.
(Source: P.A. 77-22.)
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(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles
with pneumatic tires may be operated, unladen or with load,
when the total weight on the road surface
exceeds the following: 20,000 pounds on a single axle; 34,000 pounds on a tandem axle with
no axle within the tandem exceeding 20,000 pounds; 80,000
pounds gross weight for vehicle combinations of 5 or more axles;
or a total weight on a group of 2 or more consecutive axles in excess of that
weight produced by the application of the following formula: W = 500 times the
sum of (LN divided by N-1) + 12N + 36, where "W" equals overall total weight on
any group of 2 or more consecutive axles to the nearest 500 pounds, "L" equals
the
distance measured to the nearest foot between extremes of any group of 2 or
more consecutive axles, and "N" equals the number of axles in the group under
consideration.
The above formula when expressed in tabular form results in allowable loads
as follows:
Distance measuredto the nearestfoot between theextremes of any Maximum weight in poundsgroup of 2 or of any group ofmore consecutive 2 or more consecutive axlesaxles
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*If the distance between 2 axles is 96 inches or less, the 2 axles are
tandem axles and the maximum total weight may not exceed 34,000 pounds,
notwithstanding the higher limit resulting from the application of the formula.
**Two consecutive sets of tandem axles may carry 34,000 pounds each if the overall distance between the first and last axles of these tandems is 36 feet or more. Vehicles not in a combination having more than 4 axles may not exceed the
weight in the table in this subsection (a) for 4 axles measured between the
extreme axles of the
vehicle.
Vehicles in a combination having more than 6 axles may not exceed the weight
in the table in this subsection (a) for 6 axles measured between the extreme
axles of the
combination.
Local authorities, with respect
to streets and highways under their jurisdiction, without additional
fees, may also by ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle shall not exceed
20,000 pounds and the maximum total weight on any tandem axle
shall not exceed
34,000 pounds, on designated highways when appropriate regulatory signs giving
notice are erected upon the street or highway or portion of any street or
highway affected by the ordinance or resolution.
The following are exceptions to the above formula:
(1) Vehicles for which a different limit is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(4.5) A 3-axle or 4-axle vehicle (including when | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(5) Two consecutive sets of tandem axles may carry a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(6) A truck, not in combination and used exclusively | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(7) A truck not in combination, equipped with a self | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(7.5) A 3-axle rear discharge truck mixer registered | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(8) Except as provided in paragraph (7.5) of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
A 3-axle combination sewer cleaning jetting vacuum | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(9) A 4-axle truck mixer registered as a Special | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(10) Combinations of vehicles, registered as Special | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(11) The maximum weight allowed on a vehicle with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(12) A combination of vehicles, including a tow truck | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) is specifically designed as a tow truck | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) is equipped with flashing, rotating, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(iii) is capable of utilizing the lighting and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(iv) does not engage in a tow exceeding 20 miles | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(12.5) The vehicle weight limitations in this Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(13) Upon and during a declaration of an emergency | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) a truck not in combination, equipped with a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) a truck when in combination with a trailer | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Vehicles operating under this paragraph (13) are not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(14) A vehicle or combination of vehicles that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(15) An emergency vehicle or fire apparatus that is a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(i) 24,000 pounds on a single steering axle; (ii) 33,500 pounds on a single drive axle; (iii) 62,000 pounds on a tandem axle; or (iv) 52,000 pounds on a tandem rear drive steer | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Gross weight limits shall not apply to the combination of the tow truck
and vehicles being towed. The tow truck license plate must cover the
operating empty weight of the tow truck only. The weight
of each vehicle being towed shall be covered by a valid license plate issued to
the owner or operator of the vehicle being towed and displayed on that vehicle.
If no valid plate issued to the owner or operator of that vehicle is displayed
on that vehicle, or the plate displayed on that vehicle does not cover the
weight of the vehicle, the weight of the vehicle shall be covered by
the third tow truck plate issued to the owner or operator of the tow truck and
temporarily affixed to the vehicle being towed. If a roll-back carrier is registered and being used as a tow truck, however, the license plate or plates for the tow truck must cover the gross vehicle weight, including any load carried on the bed of the roll-back carrier. The Department may by rule or regulation prescribe additional requirements.
However, nothing in this Code shall prohibit a tow truck under
instructions of a police officer from legally clearing a disabled vehicle,
that may be in violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway.
If in the opinion of the police officer that location is unsafe, the officer
is authorized to have the disabled vehicle towed to the nearest place of
safety. For the purpose of this subsection, gross vehicle weight rating, or
GVWR, means the value specified by the manufacturer as the loaded
weight of the tow truck. (b) As used in this Section, "recycling haul" or "recycling operation" means the hauling of non-hazardous, non-special, non-putrescible materials, such as paper, glass, cans, or plastic, for subsequent use in the secondary materials market. (c) No vehicle or combination of vehicles equipped with pneumatic tires
shall be operated, unladen or with load, upon the highways of this State in
violation of the provisions of any permit issued under the provisions of
Sections 15-301 through 15-318 of this Chapter. (d) No vehicle or combination of vehicles equipped with other than pneumatic
tires may be operated, unladen or with load, upon the highways of this State
when the gross weight on the road surface through any wheel exceeds 800
pounds per inch width of tire tread or when the gross weight on the road
surface through any axle exceeds 16,000 pounds.
(e) No person shall operate a vehicle or combination of vehicles over
a bridge or other elevated structure constituting part of a highway with a
gross weight that is greater than the maximum weight permitted by the
Department, when the structure is sign posted as provided in this Section. (f) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
the structure cannot with safety to itself withstand the weight of vehicles
otherwise permissible under this Code the Department shall determine and
declare the maximum weight of vehicles that the structures can withstand,
and shall cause or permit suitable signs stating maximum weight to be
erected and maintained before each end of the structure. No person shall
operate a vehicle or combination of vehicles over any structure with a
gross weight that is greater than the posted maximum weight.
(g) Upon the trial of any person charged with a violation of subsection
(e) or (f) of this Section, proof of the determination of the maximum
allowable weight by the Department and the existence of the signs,
constitutes conclusive evidence of the maximum weight that can be
maintained with safety to the bridge or structure.
(Source: P.A. 102-124, eff. 7-23-21.)
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(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
Sec. 15-112. Officers to weigh vehicles and require removal of excess loads.
(a) Any police officer having reason to believe that the weight of a
vehicle and load is unlawful shall require the driver to stop and submit
to a weighing of the same either by means of a portable or stationary
scales that have been tested and approved at a frequency prescribed by the
Illinois Department of Agriculture, or for those scales operated by the State,
when such tests are requested
by
the
Illinois State Police, whichever is more frequent.
If such scales are not available at the
place where such vehicle
is stopped, the police officer shall require that such vehicle be driven
to the nearest available scale that has been tested and approved pursuant to
this Section
by the
Illinois Department of Agriculture. Notwithstanding any provisions of the
Weights and Measures Act or the United States Department of Commerce NIST
handbook 44, multi or single draft weighing is an acceptable method of weighing
by law enforcement for determining a violation of Chapter 3 or 15 of this Code.
Law enforcement is exempt from the requirements of commercial weighing
established in NIST handbook 44.
Within 18 months after the effective date of this
amendatory Act of the 91st General Assembly, all municipal and county
officers,
technicians, and employees who set up and operate portable scales for wheel
load or axle load or both and issue citations based
on the use
of portable scales for wheel load or axle load or both
and who have not successfully completed initial classroom and field training
regarding the set up and operation of portable scales, shall attend and
successfully complete
initial classroom and field training administered by the Illinois Law
Enforcement
Training Standards Board.
(b) Whenever an officer, upon weighing a vehicle and the load,
determines that the weight is unlawful, such officer shall require the
driver to stop the vehicle in a suitable place and remain standing until
such portion of the load is removed as may be necessary to reduce the
weight of the vehicle to the limit permitted under this Chapter, or to
the limit permitted under the terms of a permit issued pursuant to
Sections 15-301 through 15-318 and shall forthwith
arrest the driver or owner. All material so unloaded shall be cared for
by the owner or operator of the vehicle at the risk of such owner or operator;
however, whenever a 3 or 4 axle vehicle with a tandem axle
dimension greater than 72 inches, but less than 96 inches and registered as a
Special Hauling Vehicle is transporting asphalt or concrete in the
plastic state that exceeds axle weight or gross weight limits by less than
4,000 pounds, the owner or operator of the vehicle shall accept the
arrest ticket or tickets for the alleged violations under this Section and
proceed without shifting or reducing the load being transported or may shift or
reduce the load under the provisions of subsection (d) or (e) of this Section,
when applicable. Any fine imposed following an overweight violation by a
vehicle registered as a Special Hauling Vehicle transporting asphalt or
concrete in the plastic state shall be paid as provided in subsection
4
of paragraph (a) of Section 16-105 of this Code.
(c) The Department of Transportation may, at the request of the
Illinois State Police, erect appropriate regulatory signs on any
State highway directing second division vehicles to a scale. The
Department of Transportation may also, at the direction of any State Police
officer, erect portable regulating signs on any highway directing second
division vehicles to a portable scale. Every such
vehicle, pursuant to such sign, shall stop and be weighed.
(d) Whenever any axle load of a vehicle exceeds the axle or tandem axle
weight limits permitted by paragraph (a) of Section 15-111 by 2000
pounds or less, the owner or operator of the vehicle must shift or
remove the excess so as to comply with paragraph (a) of Section
15-111. No overweight arrest ticket shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is shifted or
removed as
required by this paragraph.
(e) Whenever the gross weight of a vehicle with a registered gross
weight of 77,000 pounds or less exceeds the weight limits of paragraph
(a) of Section 15-111 of this Chapter by 2000 pounds or less,
the owner or operator of the vehicle must remove the excess. Whenever
the gross weight of a vehicle with a registered gross weight over 77,000 pounds
or more exceeds the weight limits of paragraph (a) of Section 15-111
by 1,000 pounds or less or 2,000 pounds or less if weighed on wheel load
weighers, the owner or operator of the vehicle
must remove the excess. In either case no arrest ticket for any
overweight violation of this Code shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is removed as required
by this paragraph.
A person who has been granted a special permit under Section 15-301 of this
Code shall not be granted a tolerance on wheel load weighers.
(e-5) Auxiliary power or idle reduction unit (APU) weight. (1) A vehicle with a fully functional APU shall be | ||
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(2) An operator of a vehicle equipped with an APU | ||
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(3) The operator may be required to demonstrate or | ||
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(4) This allowance may not be granted above the | ||
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(f) Whenever an axle load of a vehicle exceeds axle weight limits
allowed by the provisions of a permit an arrest ticket shall be issued,
but the owner or operator of the vehicle may shift the load so as to
comply with the provisions of the permit. Where such shifting of a load
to comply with the permit is accomplished, the owner or operator of the
vehicle may then proceed.
(g) Any driver of a vehicle who refuses to stop and submit his
vehicle and load to weighing after being directed to do so by an officer
or removes or causes the removal of the load or part of it prior to
weighing is guilty of a business offense and shall be fined not less
than $500 nor more than $2,000.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
Sec. 15-113. Violations; penalties.
(a) Whenever any vehicle is operated in violation of the provisions of
Section 15-111 or subsection (d) of Section 3-401, the owner or driver of such
vehicle shall be deemed guilty of such violation and either the owner or the
driver of such vehicle may be prosecuted for such violation.
Any person charged with a violation of any of these provisions who pleads not
guilty shall be present in court for the trial on the charge.
Any person, firm, or corporation convicted of any violation of
Section 15-111 including, but not limited to, a maximum axle or gross limit
specified on a regulatory sign posted in accordance with paragraph (e) or (f) of Section 15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is $100 From 2001 through 2500 pounds overweight, the fine is $270From 2501 through 3000 pounds overweight, the fine is $330From 3001 through 3500 pounds overweight, the fine is $520From 3501 through 4000 pounds overweight, the fine is $600From 4001 through 4500 pounds overweight, the fine is $850From 4501 through 5000 pounds overweight, the fine is $950From 5001 or more pounds overweight, the fine shall be computed by assessing $1500 for the first 5000 pounds overweight and $150 for each additional increment of 500 pounds overweight or fraction thereof. In addition, any person, firm, or corporation convicted of 4 or more violations
of Section 15-111 within any 12 month period shall be fined an additional
amount of $5,000 for the fourth and each subsequent conviction within the 12
month period. Provided, however, that with regard to a firm or corporation,
a fourth or subsequent conviction shall mean a fourth or subsequent
conviction attributable to any one employee-driver.
(b) Whenever any vehicle is operated in violation of the provisions of
Sections 15-102, 15-103 or 15-107, the owner or driver of
such vehicle shall be deemed guilty of such violation and either may be
prosecuted for such violation. Any person, firm, or corporation convicted
of any violation of Sections 15-102, 15-103 or 15-107 shall be fined for
the first or second conviction an amount equal to not less than $50 nor
more than $500, and for the third and subsequent convictions by the same
person, firm, or corporation within a period of one year after the date of
the first offense, not less than $500 nor more than $1,000.
(c) All proceeds equal to 50% of the fines recovered under subsection (a) of this Section shall be remitted to the State Treasurer and deposited into the Capital Projects Fund. (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
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(625 ILCS 5/15-113.1) (from Ch. 95 1/2, par. 15-113.1)
Sec. 15-113.1. Violations-sentence of permit moves.
Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating under a fraudulent permit or under a permit not
specifically covering the move, the owner or driver of such vehicle shall
be deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. When any person, firm
or corporation is convicted of such violation, the permit shall be null and
void and such person, firm or corporation shall be fined in an amount not
less than 10 cents per pound for each pound the gross weight of the vehicle
exceeds the gross weight of such vehicles allowable under Section 15-111 of
this Chapter.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-113.2) (from Ch. 95 1/2, par. 15-113.2)
Sec. 15-113.2. Violations-sentence of permit moves exceeding axle
weights. Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating with axle weights in excess of those
authorized in such permit, the owner or driver of such vehicle shall be
deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. Any person, firm
or corporation convicted of such violation shall be fined in an amount
not less than 2 cents nor more than 5 cents per pound for each pound of
excess weight on such axle or tandem axle in excess of the weight
authorized in the permit when the excess is 1,000 pounds or less; not
less than 5 cents nor more than 10 cents per pound for each pound of
excess weight when the excess exceeds 1,000 pounds and is 2,000 pounds
or less; not less than 10 cents nor more than 15 cents per pound for
each pound of excess weight when the excess exceeds 2,000 pounds and is
3,000 pounds or less; and not less than 15 cents nor more than
20 cents per
pound for each pound of excess weight when the excess exceeds 3,000
pounds.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-113.3) (from Ch. 95 1/2, par. 15-113.3)
Sec. 15-113.3. Violations-sentence of permit moves exceeding gross weight.
Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating with the gross weight in excess of that
authorized in such permit, the owner or driver of such vehicle shall be
deemed guilty of a business offense and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person, firm or
corporation convicted of such violation shall be fined in an amount not
less than 2 cents nor more than 5 cents per pound for each pound of excess
weight in excess of the gross weight authorized in the permit when the
excess is 1,000 pounds or less; not less than 4 cents nor more than 7 cents
per pound for each pound of excess weight when the excess exceeds 1,000
pounds and is 2,000 pounds or less; not less than 7 cents nor more than 10
cents per pound for each pound of excess weight when the excess exceeds
2,000 pounds and is 3,000 pounds or less; not less than 10 cents nor more
than 15 cents per pound for each pound of excess weight when the excess
exceeds 3,000 pounds and is 4,000 pounds or less; not less than 15 cents
nor more than 20 cents per pound for each pound of excess weight when the
excess exceeds 4,000 pounds and is 5,000 pounds or less; and not less than
17 cents nor more than 25 cents per pound for each pound of excess weight
when the excess exceeds 5,000 pounds.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-114) (from Ch. 95 1/2, par. 15-114)
Sec. 15-114.
Pushing of disabled vehicles.
It is unlawful under any circumstances for any vehicle to push any other
vehicle on or along any highway outside an urban area in this State, except
in an extreme emergency and then the vehicle shall not be pushed farther
than is reasonably necessary to remove it from the roadway or from the
immediate hazard that exists.
(Source: P.A. 78-486.)
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(625 ILCS 5/15-115)
Sec. 15-115. (Repealed).
(Source: P.A. 83-12. Repealed by P.A. 98-44, eff. 6-28-13.)
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(625 ILCS 5/15-116) Sec. 15-116. Highway designations. (a) The Department of Transportation shall maintain and provide a listing of all Class I and Class II designated streets and highways as defined in Chapter 1 of this Code.
(b) The Department shall also maintain and provide a listing of all local streets or highways that have been designated Class II by local agencies. (c) Local agencies shall be responsible for reporting to the Department all streets and highways under their jurisdiction designated Class II. Local agencies shall also provide to the Department reference contact names and telephone numbers.
(d) The Department shall also maintain and provide an official map of the Designated State Truck Route System that includes State and local streets and highways that have been designated Class I or Class II.
(e) If a unit of local government has no Class II designated truck routes, the unit of local government shall affirm to the Department that it has no such truck routes. (f) Each unit of local government shall report to the Department, and the Department shall post on its official website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system and any non-designated highway that is not designed and constructed after January 1, 2023 to the overall length dimension of vehicles permitted under paragraph (1) of subsection (f) of Section 15-107. (Source: P.A. 103-258, eff. 1-1-24.) |
(625 ILCS 5/15-117) Sec. 15-117. Global Positioning System Technology and the Designated Truck Route System Task Force. (a) A Global Positioning System Technology and the Designated Truck Route System Task Force shall be appointed to study and make recommendations for statutory change. (b) The Task Force shall study advances in and utilization of Global Positioning System (GPS) technology relating to routing information for commercial vehicles. The Task Force shall also study the implementation and compliance with the Designated Truck Route System under Section 15-116 of this Code. (c) The Task Force shall be composed of the following members, who shall serve without pay: (1) one member of the Senate appointed by the | ||
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(2) one member of the Senate appointed by the | ||
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(3) one member of the House of Representatives | ||
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(4) one member of the House of Representatives | ||
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(5) the Secretary of the Illinois Department of | ||
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(6) one member representing the global positioning | ||
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(7) one member representing the commercial trucking | ||
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(8) one member representing a unit of county | ||
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(9) one member representing a unit of municipal | ||
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(10) one member representing the county engineers | ||
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The members shall select a chairperson from among themselves. (d) The Task Force shall meet within 60 days of the effective date of this amendatory Act of the 96th General Assembly and meet at least 2 additional times before December 31, 2010. Staff support services may be provided to the Task Force by the Illinois Department of Transportation. (e) The Task Force shall submit to the Governor and General Assembly a report of its findings and recommendations for legislative action necessary to accomplish one or more of the following goals: (1) improving public traffic safety, (2) preserving roadway infrastructure, (3) addressing advances in GPS technology relating to truck routing, and (4) producing an accurate statewide designated truck route system through effective enforcement of Section 15-116 of this Code. The Task Force report must be submitted no later than January 1, 2011. The activities of the Task Force shall conclude no later than January 31, 2011.
(Source: P.A. 96-1370, eff. 7-28-10.) |
(625 ILCS 5/Ch. 15 Art. II heading) ARTICLE II.
VEHICLES EXCEEDING WEIGHT LIMITS
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(625 ILCS 5/15-201) (from Ch. 95 1/2, par. 15-201)
Sec. 15-201. Vehicles exceeding prescribed weight limits - Preventing use of highway by. The Illinois State Police is directed to institute
and maintain
a program designed to prevent the use of public highways by vehicles which
exceed the maximum weights allowed by Section 15-111 of this Act or which
exceeds the maximum weights allowed as evidenced by the license plates
attached to such vehicle and which license is required by this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/15-202) (from Ch. 95 1/2, par. 15-202)
Sec. 15-202. Enforcement.
Such program shall make provision for an intensive campaign by the Illinois State
Police to apprehend any violators of the acts above mentioned, and at all
times to maintain a vigilant watch for possible violators of such acts.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
Sec. 15-203. Records
of violations.
The Illinois State Police shall maintain records
of the number
of violators of such acts apprehended and the number of convictions
obtained. A resume of such records shall be included in the Department's
annual report to the Governor; and the Department shall also present such
resume to each regular session of the General Assembly.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/Ch. 15 Art. III heading) ARTICLE III.
PERMITS
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(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its jurisdiction
and local authorities with respect to highways under their jurisdiction
may, in their discretion, upon application and good cause being shown
therefor, issue a special permit authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this Code or otherwise not in
conformity with this Code upon any highway under the jurisdiction of the
party granting such permit and for the maintenance of which the party is
responsible. Applications and permits other than those in written or
printed form may only be accepted from and issued to the company or
individual making the movement. Except for an application to move directly
across a highway, it shall be the duty of the applicant to establish in the
application that the load to be moved by such vehicle or combination cannot reasonably be
dismantled or
disassembled, the reasonableness of which shall be determined by the Secretary of the Department. For the purpose of
over length movements,
more than one object may be carried side by side as long as the height, width,
and weight laws are not exceeded and the cause for the over length is not due
to multiple objects. For the purpose of over height movements, more than one
object may be carried as long as the cause for the over height is not due to
multiple objects and the length, width, and weight laws are not exceeded. For
the purpose of an over width movement, more than one object may be carried as
long as the cause for the over width is not due to multiple objects and length,
height, and weight laws are not exceeded. Except for transporting fluid milk products, no State or local agency shall
authorize the issuance of excess size or weight permits for vehicles and loads
that are divisible and that can be carried, when divided, within the existing
size or weight maximums specified in this Chapter. Any excess size or weight
permit issued in violation of the provisions of this Section shall be void at
issue and any movement made thereunder shall not be authorized under the terms
of the void permit. In any prosecution for a violation of this Chapter when
the authorization of an excess size or weight permit is at issue, it is the
burden of the defendant to establish that the permit was valid because the load
to be moved could not reasonably be dismantled or disassembled, or was
otherwise nondivisible.
(a-1) As used in this Section, "extreme heavy duty tow and recovery vehicle" means a tow truck manufactured as a unit having a lifting capacity of not less than 50 tons, and having either 4 axles and an unladen weight of not more than 80,000 pounds or 5 axles and an unladen weight not more than 90,000 pounds. Notwithstanding otherwise applicable gross and axle weight limits, an extreme heavy duty tow and recovery vehicle may lawfully travel to and from the scene of a disablement and clear a disabled vehicle if the towing service has obtained an extreme heavy duty tow and recovery permit for the vehicle. The form and content of the permit shall be determined by the Department with respect to highways under its jurisdiction and by local authorities with respect to highways under their jurisdiction. (b) The application for any such permit shall: (1) state whether
such permit is requested for a single trip or for limited continuous
operation; (2) (blank); (3) specifically describe and identify the vehicle or
vehicles and load to be operated or moved; (4) state the
routing requested, including the points of origin and destination, and may
identify and include a request for routing to the nearest certified scale
in accordance with the Department's rules and regulations, provided the
applicant has approval to travel on local roads; and (5) (blank).
(c) The Department or local authority when not inconsistent with
traffic safety is authorized to issue or withhold such permit at its
discretion; or, if such permit is issued at its discretion to prescribe
the route or routes to be traveled, to limit the number of trips, to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or otherwise to
limit or prescribe conditions of operations of such vehicle or vehicles,
when necessary to assure against undue damage to the road foundations,
surfaces or structures, and may require such undertaking or other
security as may be deemed necessary to compensate for any injury to any
roadway or road structure. The Department shall maintain a daily record of
each permit issued along with the fee and the stipulated dimensions,
weights, conditions, and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The Department shall
install an automatic device for recording telephone conversations involving permit applications. The Department and
applicant waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from any local
authority, issue an annual permit authorizing the local authority to
move oversize highway construction, transportation, utility, and maintenance
equipment over roads under the jurisdiction of the Department. The permit
shall be applicable only to equipment and vehicles owned by or registered
in the name of the local authority, and no fee shall be charged for the
issuance of such permits.
(e) As an exception to subsection (a) of this Section, the Department
and local authorities, with respect to highways under their respective
jurisdictions, in their discretion and upon application in writing, may
issue a special permit for limited continuous operation, authorizing the
applicant to move loads of agricultural commodities on a 2-axle single
vehicle registered by the Secretary of State with axle loads not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle vehicle registered by the
Secretary of State not to exceed 10% above those provided in Section 15-111. The total gross weight of the vehicle, however,
may not exceed the maximum gross weight of the registration class of the vehicle allowed under Section 3-815 or 3-818 of this Code. As used in this Section, "agricultural commodities"
means: (1) cultivated plants or agricultural produce grown, | ||
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(2) livestock, including, but not limited to, hogs, | ||
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(3) ensilage; and (4) fruits and vegetables.
Permits may be issued for a
period not to exceed 40 days and moves may be made of a distance not to
exceed 50 miles from a field, an on-farm grain storage facility, a warehouse as defined in the Grain Code, or a livestock management facility as defined in the Livestock Management Facilities Act over any
highway except the National System of Interstate and Defense Highways. The operator of the vehicle,
however, must abide by posted bridge and posted highway weight limits. All implements of husbandry operating under this Section between sunset and sunrise shall be equipped as prescribed in Section 12-205.1.
(e-1) A special permit shall be issued by the Department under this Section and shall
be required from September 1 through December 31 for a vehicle that exceeds the maximum axle weight and gross weight limits under Section 15-111 of this Code or exceeds the vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits under Section 15-111 of this Code and does not exceed the vehicle's registered gross weight by 10%. All other restrictions that apply to permits issued under this Section shall apply during the declared time period and no fee shall be charged for the issuance of those permits. Permits issued by the Department under this subsection (e-1) are only valid on federal and State highways under the jurisdiction of the Department, except interstate highways. With
respect to highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit requirements and set a divisible load weight limit not to exceed 10% above a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits specified in Section 15-111. Permits issued under this subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including vehicles used in private or for-hire movement of divisible load agricultural commodities during the declared time period.
(f) The form and content of the permit shall be determined by the
Department with respect to highways under its jurisdiction and by local
authorities with respect to highways under their jurisdiction. Every permit
shall be in written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection by any
police officer or authorized agent of any authority granting the permit
and no person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the permit
shall not be deemed a revocation of the permit; however, any vehicle and load
found to be off the route prescribed in the permit shall be held to be
operating without a permit. Any off-route vehicle and load shall be required
to obtain a new permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor anything herein,
shall be construed to authorize any police officer, court, or authorized agent
of any authority granting the permit to remove the permit from the possession
of the permittee unless the permittee is charged with a fraudulent permit
violation as provided in subsection (i). However, upon arrest for an offense of
violation of permit, operating without a permit when the vehicle is off route,
or any size or weight offense under this Chapter when the permittee plans to
raise the issuance of the permit as a defense, the permittee, or his agent,
must produce the permit at any court hearing concerning the alleged offense.
If the permit designates and includes a routing to a certified scale, the permittee, while en route to the designated scale, shall be deemed in compliance
with the weight provisions of the permit provided the axle or gross weights
do not exceed any of the permitted limits by more than the following amounts:
Single axle 2000 pounds Tandem axle 3000 pounds Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and make
available to interested persons a policy concerning reasonable rules,
limitations and conditions or provisions of operation upon highways
under its jurisdiction in addition to those contained in this Section
for the movement by special permit of vehicles, combinations, or loads
which cannot reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof. All rules,
limitations and conditions or provisions adopted in the policy shall
have due regard for the safety of the traveling public and the protection
of the highway system and shall have been promulgated in conformity with
the provisions of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles shall be the
same for all moves of comparable size and weight. When escort vehicles are
required, they shall meet the following requirements:
(1) All operators shall be 18 years of age or over | ||
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(2) Vehicles escorting oversized loads more than 12 | ||
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The Department shall establish reasonable rules and regulations
regarding liability insurance or self insurance for vehicles with
oversized loads promulgated under the Illinois Administrative Procedure
Act. Police vehicles may be required for escort under circumstances as
required by rules and regulations of the Department.
(h) Violation of any rule, limitation or condition or provision of
any permit issued in accordance with the provisions of this Section
shall not render the entire permit null and void but the violator shall
be deemed guilty of violation of permit and guilty of exceeding any size,
weight, or load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere rules, limitations,
conditions, or provisions of the permit, but are also the sole extent of the
authorization granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing movement,
the vehicle and load are operating without a permit. Any off-route movement
shall be subject to the size and weight maximums, under the applicable
provisions of this Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made under a
fraudulent permit, the permit shall be void, and the person, firm, or
corporation to whom such permit was granted, the driver of such vehicle
in addition to the person who issued such permit and any accessory,
shall be guilty of fraud and either one or all persons may be prosecuted
for such violation. Any person, firm, or corporation committing such
violation shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm, or corporation convicted of such
violation for a period of one year after the date of conviction.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of other Sections of this Code.
(j) Whenever any vehicle is operated or movement made in violation
of a permit issued in accordance with this Section, the person to whom
such permit was granted, or the driver of such vehicle, is guilty of
such violation and either, but not both, persons may be prosecuted for
such violation as stated in this subsection (j). Any person, firm, or
corporation convicted of such violation shall be guilty of a petty
offense and shall be fined, for the first offense, not less than $50 nor
more than $200 and, for the second offense by the same person, firm, or
corporation within a period of one year, not less than $200 nor more
than $300 and, for the third offense by the same person, firm, or
corporation within a period of one year after the date of the first
offense, not less than $300 nor more than $500 and the Department may, in its discretion, not issue permits to the person, firm, or corporation convicted of a
third offense during a period of one year after the date of conviction or supervision
for such third offense. If any violation is the cause or contributing cause in a motor vehicle crash causing damage to property, injury, or death to a person, the Department may, in its discretion, not issue a permit to the person, firm, or corporation for a period of one year after the date of conviction or supervision for the offense.
(k) Whenever any vehicle is operated on local roads under permits
for excess width or length issued by local authorities, such vehicle may
be moved upon a State highway for a distance not to exceed one-half mile
without a permit for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section, the Department,
with respect to highways under its jurisdiction, and local authorities, with
respect to highways under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight requirement, or
both, that would not ordinarily be eligible for a permit, when there is a
showing of extreme necessity that the vehicle and load should be moved without
unnecessary delay.
For the purpose of this subsection, showing of extreme necessity shall be
limited to the following: shipments of livestock, hazardous materials, liquid
concrete being hauled in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in addition to any
penalties imposed for violating any other Section of this Code.
(n) The Department with respect to highways under its jurisdiction and
local
authorities with respect to highways under their jurisdiction, in their
discretion and upon
application in writing, may issue a special permit for continuous limited
operation,
authorizing the applicant to operate a tow truck that exceeds the weight limits
provided
for in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow truck exceeds | ||
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(2) no rear tandem axle of the tow truck exceeds | ||
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(2.1) no triple rear axle on a manufactured recovery | ||
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(3) neither the disabled vehicle nor the disabled | ||
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(4) the tow truck prior to hookup does not exceed the | ||
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(5) during the tow operation the tow truck does not | ||
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(6) the tow truck is equipped with flashing, | ||
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(7) the tow truck is specifically designed and | ||
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(8) the tow truck has a gross vehicle weight rating | ||
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(9) the tow truck is equipped with air brakes;
(10) the tow truck is capable of utilizing the | ||
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(11) the tow commences at the initial point of wreck | ||
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(12) the permit issued to the tow truck is carried in | ||
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(13) the movement shall be valid only on State routes | ||
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(o) (Blank).
(p) In determining whether a load may be reasonably dismantled or disassembled for the purpose of subsection (a), the Department shall consider whether there is a significant negative impact on the condition of the pavement and structures along the proposed route, whether the load or vehicle as proposed causes a safety hazard to the traveling public, whether dismantling or disassembling the load promotes or stifles economic development, and whether the proposed route travels less than 5 miles. A load is not required to be dismantled or disassembled for the purposes of subsection (a) if the Secretary of the Department determines there will be no significant negative impact to pavement or structures along the proposed route, the proposed load or vehicle causes no safety hazard to the traveling public, dismantling or disassembling the load does not promote economic development, and the proposed route travels less than 5 miles.
The Department may promulgate rules for the purpose of establishing the divisibility of a load pursuant to subsection (a). Any load determined by the Secretary to be nondivisible shall otherwise comply with the existing size or weight maximums specified in this Chapter. (Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; 102-124, eff. 7-23-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/15-302) (from Ch. 95 1/2, par. 15-302)
Sec. 15-302. Fees for special permits. The Department with respect to
highways under its jurisdiction shall collect a fee from the applicant for
the issuance of a permit to operate or move a vehicle or combination of
vehicles or load as authorized in Section 15-301. The charge for each
permit shall consist of:
1. a service charge for special handling of a permit | ||
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2. fees for any dimension, axle weight or gross | ||
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3. additional fees for special investigations as in | ||
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With respect to overweight fees, the charge
shall be sufficient to compensate in part for the cost
of the extra wear and tear on the mileage of highways over which the
load is to be moved. With respect to over-dimension permits, the fee
shall be sufficient to compensate in part for the special privilege of
transporting oversize vehicle or vehicle combination and load and to
compensate in part for the economic loss of operators of vehicles in
regular operation due to inconvenience occasioned by the oversize movements.
Fees to be paid by the applicant are to be at the rates specified in this
Chapter. In determining the fees in Section 15-306 and
paragraph (f) of Section 15-307, all weights shall be
to the next highest 1,000 pounds and all distances shall be determined from
the Illinois Official Highway Map.
For repeated moves of like objects which cannot be dismantled or disassembled
and which are monolithically structured for permanent use in the transported
form, the fees specified in Sections 15-305, 15-306 and 15-307 for other
than the first move shall be reduced by $4 provided the objects are to be
moved from the same origin to the same destination, the number of trips
will not be less than 5, the trips will be completed within 30 days, and
all applications are submitted at one time. Round trip permits shall be
the same as a single trip permit except the fee shall be computed
based upon the total distance traveled, and shall be for the same vehicle,
vehicle combination or like load traveling both directions over the same
route, provided a description including make and model of the equipment
being transported is furnished to the Department. Limited continuous operation permits are to be
valid for a period of 90 days or one year, and shall be for the same
vehicle, vehicle
combination or like load.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-303) (from Ch. 95 1/2, par. 15-303)
Sec. 15-303.
Transmission Fees.
When special transmission of permits is requested by an
applicant, a service charge in an amount sufficient to defray the cost
shall be charged.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-304) (from Ch. 95 1/2, par. 15-304)
Sec. 15-304.
Fees for house trailer combinations, or a unit carrying roof or
floor trusses. Fees for special permits to move a house trailer, oversize
storage building, modular home section, or a unit carrying roof or floor
trusses in combination with a towing vehicle shall be paid by the applicant to
the Department at the following rates:
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(Source: P.A. 89-219, eff. 1-1-96; 90-148, eff. 7-23-97.)
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(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
Sec. 15-305. Fees for legal weight but overdimension vehicles, combinations,
and loads, other than house trailer combinations.
Fees for special permits to move overdimension vehicles, combinations, and
loads, other than house trailer combinations, shall be paid by the applicant
to the Department at the following rates:
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Permits issued under this Section shall be for a vehicle, or vehicle
combination and load not exceeding legal weights, and, in the case of the
limited continuous operation, shall be for the same vehicle, vehicle
combination, or like load.
Escort requirements shall be as prescribed in the Department's rules and
regulations. Fees for the Illinois State Police vehicle escort, when required, shall
be in addition to the permit fees.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/15-306) (from Ch. 95 1/2, par. 15-306)
Sec. 15-306. Fees for Overweight-Axle Loads. Fees for special permits to move legal gross weight vehicles, combinations
of vehicles and loads with overweight-axle loads shall be paid by the applicant
to the Department as follows:
For each overweight single axle or tandem axle group, the flat rate fees
herein scheduled for increments of 45 miles or fraction thereof including
issuance fee predicated upon a 20,000 pound single axle equivalency.
20,000 Pound Single Axle Equivalency Fees
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(Source: P.A. 96-34, eff. 1-1-10 (see Section 60-50 of P.A. 96-37 for effective date of changes made by P.A. 96-34).)
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(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for overweight-gross loads. Fees for special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the flat rate fees
established in this Section for weights in excess of legal gross weights,
by the applicant to the Department.
(a) With respect to fees for overweight-gross loads listed in this
Section and for overweight-axle loads listed in Section 15-306, one fee
only shall be charged, whichever is the greater, but not for both.
(b) In lieu of the fees stated in this Section and Section 15-306,
with respect to combinations of vehicles consisting of a 3-axle truck
tractor with a tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department, equipped with
a tandem axle composed of 3 consecutive axles,
weighing over 80,000 pounds but not more than 88,000 pounds gross
weight, the fees shall be at the following rates:
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For such combinations weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combination weighing over 100,000 pounds but not more than
110,000 pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combinations weighing over 110,000 pounds but not more than 120,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above combinations also shall
include fees for overwidth dimensions of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be charged an additional
fee of $15. (c) In lieu of the fees stated in this Section and Section 15-306 of
this Chapter, with respect to combinations of vehicles consisting of a
3-axle truck tractor with a tandem axle composed of 2 consecutive axles
drawing a semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2
consecutive axles, weighing over 80,000 pounds but not more than 88,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combination weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above combinations also shall include
fees for overwidth dimension of 4 feet or less, overheight and overlength.
Any overwidth in excess of 4 feet shall be charged an additional overwidth fee
of $15. (d) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 3 (or more) axle mobile crane or water
well-drilling vehicle
consisting of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of extreme axles
not less than 18 feet, weighing not more than 60,000 pounds gross with
no single axle weighing more than 21,000 pounds, or any tandem axle
group to exceed 40,000 pounds, the fees shall be at the following rates: | ||||||||||||||
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For such vehicles weighing over 60,000 pounds but not more than 68,000
pounds with no single axle weighing more than 21,000 pounds and no tandem
axle group exceeding 48,000 pounds, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any overwidth
in excess of 4 feet shall be charged an additional overwidth fee of $15. (e) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 4 (or more) axle mobile crane or water
well drilling vehicle
consisting of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less than 23
feet weighing not more than 72,000 pounds with axle weights on one set
of tandem axles not more than 34,000 pounds, and weight in the
other set of tandem axles not to exceed 40,000 pounds, the fees shall be
at the following rates: | ||||||||||||||
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For such vehicles weighing over 72,000 pounds but not more than 76,000
pounds with axle weights on either set of tandem axles not more than 44,000
pounds, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional fee of $15. (f) In lieu of fees stated in this Section and in Section 15-306 of
this Chapter, with respect to a two axle mobile crane or water
well-drilling vehicle consisting of 2 single axles weighing not more than
48,000 pounds with no single axle weighing more than 25,000 pounds, the
fees shall be at the following rates: | ||||||||||||||
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For such vehicles weighing over 48,000 pounds but not more than 54,000
pounds with no single axle weighing more than 28,000 pounds, the fees shall
be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional overwidth fee of
$15.
(g) Fees for special permits to move vehicles, combinations of vehicles,
and loads with overweight gross loads not included
in the fee categories shall be paid by the applicant to the Department at
the rate of $50 plus 3.5 cents per ton-mile in excess of legal weight.
With respect to fees for overweight gross loads not included in the schedules
specified in paragraphs (a) through (e) of Section 15-307 and for overweight
axle loads listed in Section 15-306, one fee only shall be charged, whichever
is the greater, but not both. An additional fee in accordance with the
schedule set forth in Section 15-305 shall be charged for each overdimension.
(h) Fees for special permits for continuous limited operation authorizing the applicant to operate vehicles that exceed the weight limits provided for in subsection (a) of Section 15-111. All single axles excluding the steer axle and axles within a tandem are limited to 24,000 pounds or less unless otherwise noted in this subsection (h). Loads up to 12 feet wide and 110 feet in length shall be included within this permit. Fees shall be $250 for a quarterly and $1,000 for an annual permit. Front tag axle and double tandem trailers are not eligible. The following configurations qualify for the quarterly and annual permits: (1) 3 or more axles, total gross weight of 68,000 | ||||||||||||||
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(2) 4 or more axles, total gross weight of 76,000 | ||||||||||||||
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(3) 5 or more axles, total gross weight of 100,000 | ||||||||||||||
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(4) 6 or more axles, total gross weight of 120,000 | ||||||||||||||
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(Source: P.A. 102-124, eff. 7-23-21.)
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(625 ILCS 5/15-308) (from Ch. 95 1/2, par. 15-308)
Sec. 15-308. Fees for overweight trucks hauling agricultural commodities.
Fees for special permits for increased axle loads to be used for hauling
agricultural commodities, as defined in subsection (e) of Section 15-301; limited continuous operation permit only, $5 per axle.
(Source: P.A. 93-971, eff. 8-20-04.)
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(625 ILCS 5/15-308.1)
Sec. 15-308.1.
Fees for moving oversize or overweight equipment to the
site of rail derailments. Fees for permits to move oversize or overweight
equipment to the sites of train derailments shall include all
equipment otherwise eligible to obtain single trip permits under normal
situations. The permit shall be valid for a period of one year and can be used
at any time for movement to the site of a train derailment during an
emergency. The amount of the fee shall be $500.
(Source: P.A. 90-273, eff. 7-30-97.)
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(625 ILCS 5/15-308.2)
Sec. 15-308.2. Fees for special permits for tow trucks. The fee for a
special permit to
operate a tow truck pursuant to subsection (n) of Section 15-301 is $50
quarterly and
$200 annually.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/15-308.3)
Sec. 15-308.3. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-717, eff. 8-5-16.)
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(625 ILCS 5/15-309) (from Ch. 95 1/2, par. 15-309)
Sec. 15-309.
Fees for Moves Directly across Highway.
Fees for special permits for vehicles or vehicle combinations
exceeding the legal sizes and weights specified in this Chapter either
empty or hauling material directly across a highway making repeated
moves in the course of industrial operations, for a period of 6 months;
limited continuous operation permit only, $15.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-310) (from Ch. 95 1/2, par. 15-310)
Sec. 15-310.
Fees for Buildings and Special Moves.
Fees for special permits for moving buildings or large machines.
(a) When moved on house moving equipment or on own trucks or tracks fees
will be based on maximum overall dimensions, plus engineering investigation
and police escort fees when required; single trip only.
(b) When moved on a vehicle or vehicle combination applicable
overdimension and overweight fees shall apply; single trip only.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-311) (from Ch. 95 1/2, par. 15-311)
Sec. 15-311.
Fees for Engineering Inspections or Field Investigations.
Engineering inspections or field investigations will be made
by the Department and the following fees shall be paid by the applicant:
for normal field investigations, or for special engineering
investigations requiring assessment of work to be done on the highway
and final inspection, $40 per hour.
(Source: P.A. 84-566.)
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(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
Sec. 15-312. Fees for police escort. When State Police escorts are required by the Department of Transportation for the
safety of the motoring public, the following fees shall be paid by the
applicant: (1) to the Department of Transportation: $40 per hour | ||
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(2) to the Illinois State Police: $75 per hour per | ||
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The actual time of the movement shall be the time the police escort is required to pick up the movement to the time the movement is completed. Any delays or breakdowns shall be considered part of the movement time. Any fraction of an hour shall be rounded up to the next whole hour. (Source: P.A. 102-505, eff. 8-20-21.)
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(625 ILCS 5/15-313) (from Ch. 95 1/2, par. 15-313)
Sec. 15-313.
Supplemental Permit Fee.
The Department shall collect a fee of $5 and other
applicable fees to cover the cost of processing an application for
supplemental special permit. This fee shall be charged for each
supplemental special permit issued. In addition, if the supplemental
permit provides for an increase in size or weight or both over that
specified in the original special permit, additional fees shall be
charged as provided in Sections 15-303 through 15-312 as applicable, to
correct for the increase.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-314) (from Ch. 95 1/2, par. 15-314)
Sec. 15-314. Payment of fees. The Department shall prescribe the time
and method of payment of all appropriate fees authorized by Section 15-302
through 15-313.
The Department may, at its discretion, establish credit accounts with billing
to be made at intervals not exceeding one month.
Failure to pay invoices in full within a period of 30 days after the billing
date shall be sufficient cause for the Department to withhold issuance of
any further permits or credit to the individual, company, or subsidiary firm.
The Department is authorized to charge a service fee of $3 for a dishonored payment
returned for any reason. All money received by the
Department under the provisions of this Section shall be deposited in
the Road Fund. No refund shall be made to applicant following issuance
of a permit if move is not completed.
(Source: P.A. 99-324, eff. 1-1-16.)
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(625 ILCS 5/15-315) (from Ch. 95 1/2, par. 15-315)
Sec. 15-315.
Exemptions to requirement of fees.
(a) The requirements as to fees authorized by Sections 15-302 through
15-314 shall not apply to the owner of the vehicle or vehicle combination
if owned by the United States, this State, or any political subdivision of
this State, or any municipality therein.
(b) The provisions of Sections 15-302 through 15-314 requiring fees for
a permit shall not modify, alter or in any manner affect either the
provisions of Section 15-301, or the policy of the
Department adopted for the administration of this Chapter.
(Source: P.A. 83-831.)
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(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may restrict right to use highways.
(a) Except as provided in subsection (g), local authorities with
respect to highways under their jurisdiction may by ordinance or resolution
prohibit the operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon any such
highway, for a total period of not to exceed 90 days, measured in either consecutive or nonconsecutive days at the discretion of local authorities, in any one calendar
year, whenever any said highway by reason of deterioration, rain, snow, or
other climate conditions will be seriously damaged or destroyed unless the
use of vehicles thereon is prohibited or the permissible weights thereof
reduced.
(b) The local authority
enacting any such ordinance or resolution shall erect or cause to be erected
and maintained signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby, and the ordinance
or resolution shall not be effective unless and until such signs are erected
and maintained. To be effective, an ordinance or resolution passed to designate a Class II roadway need not require that signs be erected, but the designation shall be reported to the Department.
(c) Local authorities with
respect to highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other commercial vehicles,
or may impose limitations as the weight thereof, on designated highways, which
prohibitions and limitations shall be designated by appropriate signs placed on
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with Section 6-201.22 of the Illinois Highway Code. (d) The Department shall likewise have authority as hereinbefore
granted to local authorities to
determine by resolution and to impose restrictions as to the weight of vehicles
operated upon any highway under the jurisdiction of said department, and such
restrictions shall be effective when signs giving notice thereof are erected
upon the highway or portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this Section, the owner
or driver of the vehicle shall be deemed guilty of a violation and either the
owner or the driver of the vehicle may be prosecuted for the violation. Any
person, firm, or corporation convicted of violating this Section shall be fined
$50 for any weight exceeding the posted limit up to the axle or gross weight
limit allowed a vehicle as provided for in subsections (a) or (b) of Section
15-111 and $75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight limit
ordinance applying to county highways within its corporate limits and is
entitled to the proceeds of any fines collected from the enforcement.
(g) An ordinance or resolution enacted by a county or township pursuant to subsection (a) of this Section shall not apply to cargo tank vehicles with two or three permanent axles when delivering propane for emergency heating purposes if the cargo tank is loaded at no more than 50 percent capacity, the gross vehicle weight of the vehicle does not exceed 32,000 pounds, and the driver of the cargo tank vehicle notifies the appropriate agency or agencies with jurisdiction over the highway before driving the vehicle on the highway pursuant to this subsection. The cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank. The cargo tank must have the capacity displayed on the cargo tank, or documentation of the capacity of the cargo tank must be available in the vehicle. For the purposes of this subsection, propane weighs 4.2 pounds per gallon. This subsection does not apply to municipalities. Nothing in this subsection shall allow cargo tank
vehicles
to cross bridges with posted weight restrictions if the vehicle exceeds the posted weight limit. (Source: P.A. 101-328, eff. 1-1-20.)
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(625 ILCS 5/15-317) (from Ch. 95 1/2, par. 15-317)
Sec. 15-317.
Special weight limitation on elevated structures.
(a) No person shall operate a vehicle or combination of vehicles over a
bridge or other elevated structure constituting a part of a highway with a
gross weight which is greater than the maximum weight permitted by the
Department, when such structure is sign posted as provided in this Section.
(b) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
such structure cannot with safety to itself withstand the weight of
vehicles otherwise permissible under this Chapter the Department shall
determine and declare the maximum weight of vehicles which such structure
can withstand, and shall cause or permit suitable signs stating maximum
weight to be erected and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes conclusive evidence
of the maximum weight which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
Sec. 15-318.
Liability if highway or structure damaged.
(a) Any person driving any vehicle, object or contrivance upon any
highway or highway structure is liable for all damage which the highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle, object or contrivance, or as a result of
operating, driving, or moving any vehicle, object, or contrivance
exceeding the maximum dimensions or weighing in excess of the maximum
weight specified in this Chapter but authorized by a special permit
issued as provided in this Chapter. The measure of liability is the cost
of repairing a facility partially damaged or the depreciated replacement
cost of a facility damaged beyond repair together with all other
expenses incurred by the authorities in control of the highway or
highway structure in providing a temporary detour, including a temporary
structure, to serve the needs of traffic during the period of repair or
replacement of the damaged highway or highway structure.
(b) Whenever such driver is not the owner of such vehicle, object,
or contrivance, but is so operating, driving, or moving the same with
the express or implied permission of such owner, then the owner and
driver are jointly and severally liable to the extent provided in
paragraph (a) of this Section.
(c) Recovery may be had in a civil action brought by the authorities
in control of such highway or highway structure.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-319) (from Ch. 95 1/2, par. 15-319)
Sec. 15-319.
(Repealed).
(Source: P.A. 83-831. Repealed by P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/Ch. 16 heading) CHAPTER 16.
ENFORCEMENT, PENALTIES AND DISPOSITION
OF FINES AND FORFEITURES, AND CRIMINAL CASES
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(625 ILCS 5/Ch. 16 Art. I heading) ARTICLE I.
ENFORCEMENT, PENALTIES AND
DISPOSITION OF FINES AND FORFEITURES
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(625 ILCS 5/16-101) (from Ch. 95 1/2, par. 16-101)
Sec. 16-101.
Applicability.
The provisions of this Chapter shall be applicable to the enforcement of
this entire Code, except where another penalty is set forth in a specific
Chapter which is applicable to that Chapter or a designated part or Section thereof.
(Source: P.A. 82-1011.)
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(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions. (a) The Illinois State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act.
(b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2-115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers.
(c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11-501 of this Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/16-102.5)
Sec. 16-102.5.
Enforcement by municipality.
(a) If a municipality adopts an
ordinance similar to subsection (f) of Section 3-413 or Section 11-1304.5
of this Code, any person
that a municipality designates to enforce ordinances regulating the standing or
parking of vehicles shall have the authority to enforce the provisions of
subsection (f) of Section 3-413 or Section 11-1304.5 of this Code or the
similar local ordinance.
However, the authority to enforce subsection (f) of Section 3-413 or Section
11-1304.5 of this Code
or a similar local ordinance shall not be given to an appointed volunteer or
private or public entity under contract to enforce person with
disabilities parking laws.
(b) To enforce the provisions of subsection (f) of Section 3-413 or
Section 11-1304.5 of this
Code or a similar local ordinance, a municipality shall impose a fine not
exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; 90-655, eff. 7-30-98; 91-487, eff. 1-1-00.)
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(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation committed.
Whenever a defendant is arrested upon a warrant charging a violation of
this Act in a county other than that in which such warrant was issued, the
arresting officer, immediately upon the request of the defendant, shall
take such defendant before a circuit judge or associate circuit judge in
the county in which the arrest was made who shall admit the defendant to
pretrial release for his appearance before the court named in the warrant. On setting the conditions of pretrial release, the circuit judge or associate circuit judge shall certify such
fact on the warrant and deliver the warrant and conditions of pretrial release, or the drivers license of such defendant if deposited,
under the law relating to such licenses, in lieu of such security, to the
officer having charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver such warrant
and such acknowledgment by the defendant of his or her receiving the conditions of pretrial release or drivers license to the
court before which the defendant is required to appear.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
Sec. 16-104.
Penalties.
Every person convicted of a violation of any
provision of this
Code for which another penalty is not provided shall, for a
first or
second conviction thereof, be guilty of a petty offense and, for
a
third or subsequent conviction within one year after the first
conviction, be guilty of a Class C misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
Sec. 16-104a. (Repealed). (Source: P.A. 97-931, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/16-104b)
Sec. 16-104b. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/16-104c) Sec. 16-104c. (Repealed).
(Source: P.A. 96-625, eff. 1-1-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104d) Sec. 16-104d. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104d-1) Sec. 16-104d-1. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104e) Sec. 16-104e. Minimum penalty for traffic offenses. Unless otherwise disposed of prior to a court appearance in the same matter under Supreme Court Rule 529, a person who, after a court appearance in the same matter, is found guilty of or pleads guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay a fine that may not be waived. Nothing in this Section shall prevent the court from ordering that the fine be paid within a specified period of time or in installments under Section 5-9-1 of the Unified Code of Corrections.
(Source: P.A. 96-1462, eff. 1-1-11.) |
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the | ||
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2. Except as provided in paragraph 4, for offenses | ||
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3. Notwithstanding subsections 1 and 2 of this | ||
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4. With regard to violations of overweight and | ||
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(b) Failure, refusal, or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-105.5)
Sec. 16-105.5.
Payment to municipality.
All revenues derived from the
issuance of citations for violations of subsection (f) of Section 3-413 of
this Code or a similar local ordinance that are required to be paid to a
municipality under this Code shall be deposited into the general fund of the
municipality.
(Source: P.A. 90-513, eff. 8-22-97.)
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(625 ILCS 5/16-106) (from Ch. 95 1/2, par. 16-106)
Sec. 16-106.
For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance.
(Source: P.A. 81-781.)
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(625 ILCS 5/16-106.3) Sec. 16-106.3. Erroneous appearance date. In any case alleging a violation of this Code or similar local ordinance which would be chargeable as a misdemeanor, a case shall not be dismissed due to an error by the arresting officer or the clerk of the court, or both, in setting a person's first appearance date, subject to the right of speedy trial provided under Section 103-5 of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-694, eff. 1-1-10.) |
(625 ILCS 5/16-106.5)
Sec. 16-106.5.
Pilot project; notice of violation to owner.
(a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include:
(1) the date and time the violation was alleged to | ||
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(2) the location where the violation was alleged to | ||
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(3) the name of the person cited for committing the | ||
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(4) the violation alleged to have been committed; and
(5) the date and time of any required court | ||
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(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project.
(Source: P.A. 92-344, eff. 8-10-01.)
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(625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)
Sec. 16-107. Appearance of parent or guardian of minor in certain court
proceedings - Judicial discretion. (a) Whenever an unemancipated minor
is required to appear in court pursuant to a citation for violation of any
Section or any subsection of any Section of this Act specified in subsection
(b) of this Section, the court may require that a parent or guardian of
the minor accompany the minor and appear before the court with the minor,
unless, in the discretion of the court, such appearance would be unreasonably
burdensome under the circumstances.
(b) This Section shall apply whenever an unemancipated minor is charged
with violation of any of the following Sections and subsections of this Act:
1) Sections 3-701, 3-702 and 3-703;
2) Sections 4-102, 4-103, 4-104 and 4-105;
3) Section 6-101, subsections (a), (b) and (c) of | ||
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4) Sections 11-203 and 11-204, subsection (b) of | ||
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(Source: P.A. 95-310, eff. 1-1-08.)
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(625 ILCS 5/16-108)
Sec. 16-108. Claims of diplomatic immunity.
(a) This Section applies only to an individual that displays to a police
officer a
driver's license issued by the U.S. Department of State or that otherwise
claims
immunities or privileges under Title 22, Chapter 6 of the United States Code
with
respect to the individual's violation of Section 9-3 or Section 9-3.2 of the
Criminal Code
of 2012 or his or her violation of a traffic regulation governing the movement
of vehicles
under this Code or a similar provision of a local ordinance.
(b) If a driver subject to this Section is stopped by a police officer that
has
probable cause to believe that the driver has committed a violation described
in
subsection (a) of this Section, the police officer shall:
(1) as soon as practicable contact the U.S. | ||
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(2) record all relevant information from any driver's | ||
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(3) within 5 workdays after the date of the stop, | ||
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(A) a vehicle crash report, if the driver was | ||
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(B) if a citation or charge was issued to the | ||
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(C) if a citation or charge was not issued to the | ||
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(c) Upon receiving material submitted under paragraph (3) of subsection (b)
of
this Section, the Secretary of State shall:
(1) file each vehicle crash report, citation or | ||
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(2) keep convenient records or make suitable | ||
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(A) conviction;
(B) disposition of court supervision for any | ||
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(C) vehicle crash; and
(3) send a copy of each document and record described | ||
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(d) This Section does not prohibit or limit the application of any law to a
criminal
or motor vehicle violation by an individual who has or claims immunities or
privileges
under Title 22, Chapter 6 of the United States Code.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/Ch. 16 Art. II heading) ARTICLE II.
PARTIES IN CRIMINAL CASES
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(625 ILCS 5/16-201) (from Ch. 95 1/2, par. 16-201)
Sec. 16-201.
Parties to a crime.
Every person who commits, attempts to commit, conspires to commit, or
aids, or abets in the commission of any act declared to be a crime, whether
individually or in connection with one or more other persons or as
principal, agent or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wilfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of
this Act is likewise guilty of such offense.
(Source: P.A. 76-1586.)
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(625 ILCS 5/16-202) (from Ch. 95 1/2, par. 16-202)
Sec. 16-202.
Offenses by persons owning or controlling vehicles.
It is unlawful for the owner, or any other person, employing or
otherwise directing the driver of any vehicle to require or knowingly to
permit the operation of such vehicle upon a highway in any manner contrary
to law.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 17 heading) CHAPTER 17.
ILLINOIS HIGHWAY SAFETY LAW
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(625 ILCS 5/17-101) (from Ch. 95 1/2, par. 17-101)
Sec. 17-101.
Powers and duties of governor.
The Governor, in addition to other duties and responsibilities
conferred upon him by the constitution and laws of this State is
empowered to contract and to do all other things necessary in behalf of
this State to secure the full benefits available to this State under the
Federal Highway Safety Act of 1966, as amended, and in so doing, to
cooperate with Federal and State agencies, agencies private and public,
interested organizations, and with individuals, to effectuate the
purposes of that enactment, and any and all subsequent amendments
thereto. The Governor is the official of this State having the ultimate
responsibility for dealing with the Federal Government with respect to
programs and activities pursuant to the National Highway Safety Act of
1966 and any amendments thereto. To that end he shall coordinate the
activities of the Secretary of State and the State Board of Education
and of any and all departments and agencies of this State
and its subdivisions, relating thereto.
(Source: P.A. 81-1508.)
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(625 ILCS 5/Ch. 18a heading) CHAPTER 18a.
ILLINOIS COMMERCIAL RELOCATION
OF TRESPASSING VEHICLES LAW
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(625 ILCS 5/Ch. 18a Art. I heading) ARTICLE I.
DEFINITIONS, POLICY AND JURISDICTION
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(625 ILCS 5/18a-100) (from Ch. 95 1/2, par. 18a-100)
Sec. 18a-100.
Definitions.
As used in this Chapter: (1) "Commercial
vehicle relocator" or "relocator" means any person or entity engaged in the
business of removing trespassing vehicles from private property by means of
towing or otherwise, and thereafter relocating and storing such vehicles;
(2) "Commission" means the Illinois Commerce Commission;
(3) "Operator" means any person who, as an employee of a commercial
vehicle relocator, removes trespassing vehicles from private property by
means of towing or otherwise. This term includes the driver of any
vehicle used in removing a trespassing vehicle from private property, as
well as any person other than the driver who assists in the removal of a
trespassing vehicle from private property;
(4) "Operator's employment permit" means a license issued to an operator
in accordance with Sections 18a-403 or 18a-405 of this Chapter;
(5) "Relocator's license" means a license issued to a commercial vehicle
relocator in accordance with Sections 18a-400 or 18a-401 of this Chapter;
(6) "Dispatcher" means any person who, as an employee or agent of a
commercial vehicle relocator, dispatches vehicles to or from locations from
which operators perform removal activities; and
(7) "Dispatcher's employment permit" means a license issued to a
dispatcher in accordance with Sections 18a-407 or 18a-408 of this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
Sec. 18a-101.
Declaration of policy and delegation of jurisdiction.
It
is hereby declared to be the policy of the State of Illinois to supervise
and regulate the commercial removal of trespassing vehicles from private
property, and the subsequent relocation and storage of such vehicles in
such manner as to fairly distribute rights and responsibilities among vehicle
owners, private property owners and commercial vehicle relocators, and for
this purpose the power and authority to administer and to enforce the provisions
of this Chapter shall be vested in the Illinois Commerce Commission.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-102) (from Ch. 95 1/2, par. 18a-102)
Sec. 18a-102.
Local regulation.
Nothing contained in this
Chapter shall be construed to infringe upon the right of
non-home rule units of local government to regulate the
commercial relocation of vehicles in a manner consistent with,
or in addition to, State or federal laws or regulations. Nothing
in this Chapter shall constitute a limitation on the authority of
any home rule unit; however, the provisions of this Chapter shall
remain in full force and effect in home rule units notwithstanding
any applicable ordinances of home rule units.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-103) (from Ch. 95 1/2, par. 18a-103)
Sec. 18a-103.
Review.
A person aggrieved by an order of the Commission
under this Chapter is entitled, in addition to any other remedy, to a
review thereof by the Circuit Court in accordance with the Administrative
Review Law, as amended.
(Source: P.A. 82-783.)
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(625 ILCS 5/18a-104) (from Ch. 95 1/2, par. 18a-104)
Sec. 18a-104.
Towing performed pursuant to police order.
Nothing contained
in this Chapter shall be construed to regulate or otherwise affect towing
performed by any relocator pursuant to the order of a law enforcement official
or agency in accordance with Sections 4-201 through 4-214 of the Illinois Vehicle Code.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-105) (from Ch. 95 1/2, par. 18a-105)
Sec. 18a-105. Exemptions. This Chapter shall not apply to the
relocation of motorcycles.
Such relocation shall be governed by the provisions of Section 4-203
of this Code.
(Source: P.A. 95-407, eff. 1-1-08; 95-562, eff. 7-1-08.)
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(625 ILCS 5/Ch. 18a Art. II heading) ARTICLE II.
DUTIES AND POWERS
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(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission. The Commission shall:
(1) Regulate commercial vehicle relocators and their employees or agents in
accordance with this Chapter and to that end may establish reasonable
requirements with respect to proper service and practices relating
thereto;
(2) Require the maintenance of uniform systems of accounts, records
and the preservation thereof;
(3) Require that all drivers and other personnel used in relocation be
employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the exercise of
powers conferred upon it by this Chapter, and reasonable rules governing
investigations, hearings and proceedings under this Chapter;
(6) Set reasonable rates for the commercial towing or removal of trespassing
vehicles from private property. The rates shall not exceed the mean average of
the 5 highest rates for police tows within the territory to which this Chapter
applies that are performed under Sections 4-201 and 4-214 of this Code and that
are of record at hearing; provided that the Commission shall not re-calculate
the maximum specified herein if the order containing the previous calculation
was entered within one calendar year of the date on which the new order is
entered. Set reasonable rates for the storage, for periods in excess of 24
hours, of the vehicles in connection with the towing or removal; however,
no relocator shall impose charges for storage for the first 24 hours
after towing or removal. Set reasonable rates for other services provided
by relocators, provided that the rates shall not be charged to the owner or
operator of a relocated vehicle. Any fee charged by a
relocator for the use of a credit card that is used to pay for any service
rendered by the relocator shall be included in the total amount that shall
not exceed the maximum reasonable rate established by the Commission. The
Commission shall require a relocator to refund any amount charged in excess
of the reasonable rate established by the Commission, including any fee for
the use of a credit card;
(7) Investigate and maintain current files of the criminal records,
if any, of all relocators and their employees and of all applicants for
relocator's license, operator's licenses and dispatcher's licenses. If the
Commission determines that an applicant for a license issued
under this Chapter will be subjected to a criminal history records
check, the applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record
information databases now and hereafter filed. The Illinois State Police
shall charge the applicant a
fee
for conducting the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall furnish pursuant to
positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment permits, and
operator's employment permits in accordance with Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking relocator
licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any
person, organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator, operator, dispatcher,
or person otherwise required to comply with any provision of this Chapter
or any rule promulgated hereunder, has failed to comply with any
provision or rule;
(11) Whenever the Commission receives notice from the Secretary of State
that any domestic or foreign corporation regulated under this Chapter has
not paid a franchise tax, license fee or penalty required under the Business
Corporation Act of 1983, institute proceedings
for the revocation of the license or right to engage in any business
required under this Chapter or the suspension thereof until such time as
the delinquent franchise tax, license fee or penalty is paid.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18a-201) (from Ch. 95 1/2, par. 18a-201)
Sec. 18a-201.
Additional officers and employees.
The Commission, for
the purpose of more effectively carrying out the provisions of this Chapter,
shall obtain pursuant to the provisions of the "Personnel Code" such officers
and employees as it may deem necessary to carry out the provisions of this
Chapter or to perform the duties and exercise the powers conferred by law
upon the Commission.
(Source: P.A. 80-1459.)
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(625 ILCS 5/Ch. 18a Art. III heading) ARTICLE III.
REQUIREMENTS AND PROHIBITIONS
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(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful practices. It
shall be unlawful for any commercial vehicle relocator:
(1) To operate in any county in which this Chapter is | ||
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(2) To employ as an operator, or otherwise so use the | ||
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(3) To employ as a dispatcher, or otherwise so use | ||
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(4) To operate upon the highways of this State any | ||
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(A) There is painted or firmly affixed to the | ||
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(B) There is carried in the power unit of the | ||
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(5) To operate upon the highways of this State any | ||
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(6) To advertise in any newspaper, book, list, | ||
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(7) To remove any vehicle from private property | ||
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(8) To charge the private property owner, who | ||
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(9) To remove a vehicle when the owner or operator of | ||
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(10) To remove any vehicle from property on which | ||
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(11) To fail to notify law enforcement authorities in | ||
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(12) To impose any charge other than in accordance | ||
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(13) To fail, in the office or location at which | ||
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(13.1) To fail to distribute to each owner or | ||
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(13.2) To fail, in the office or location at which | ||
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(14) To remove any vehicle, otherwise in accordance | ||
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(15) To fail to make a telephone number available to | ||
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Apart from any other penalty or liability authorized | ||
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(16) To use equipment which the relocator does not | ||
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(17) To use drivers or other personnel who are not | ||
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(18) To fail to refund any amount charged in excess | ||
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(19) To violate any other provision of this Chapter, | ||
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(20) To engage in the removal of a commercial motor | ||
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(Source: P.A. 99-438, eff. 1-1-16.)
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(625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
Sec. 18a-301. Commercial vehicle relocators - Security requirements.
Every commercial vehicle relocator shall file with the Commission and have
in effect an indemnity bond or insurance policy or certificates of bonds
or insurance in lieu thereof which shall indemnify or insure the relocator
for its liability: (1) for injury to person, in an amount not less than
$100,000 to any one person and $300,000 for any one crash; (2) in case
of damage to property other than a vehicle being removed, in an amount not
less than $50,000 for any one crash; and (3) in case of damage to any
vehicle relocated or stored by the relocator, in an amount not less than
$15,000 per vehicle. Any such bond or policy shall be issued by a bonding
or insurance firm authorized to do business as such in
the State of Illinois.
All certificates or indemnity bonds or insurance filed with the Commission
must show the coverage effective continuously until cancelled, and the Commission
may require such evidence of continued validity as it deems necessary.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)
Sec. 18a-302.
Owner or other person in lawful possession or control
of private property - Right to employ relocation service. It shall be
unlawful for an owner or other person in lawful possession or control of
private property to remove or employ a commercial relocator to remove an
unauthorized vehicle from such property unless written notice is
provided to the effect that such vehicles will be removed, including the
name, address and telephone number of the appropriate commercial vehicle
relocator, if any. Such notice shall consist of a sign, posted in a conspicuous
place in the affected area, of a size at least 24 inches in height by 36
inches in width. Such sign shall be at least 4 feet from the ground but
less than 8 feet from the ground and shall be either illuminated or painted
with reflective paint, or both. Such sign shall state the amount of towing
charges to which the person parking may be subject.
This provision shall not be construed as prohibiting any unit
of local government from imposing additional or greater notice
requirements.
No express notice shall be required under this Section upon
residential property which, paying due regard to the circumstances and
the surrounding area, is clearly reserved or intended exclusively for
the use or occupation of residents or their vehicles.
(Source: P.A. 81-332.)
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(625 ILCS 5/18a-303) (from Ch. 95 1/2, par. 18a-303)
Sec. 18a-303.
Civil and Criminal liability.
Nothing in this Chapter shall
be construed to limit or alter the vehicle owner's civil or criminal liability
for trespass. Nothing in this Chapter shall be construed to limit or alter
the civil or criminal liability of any person or entity for any
act or omission. All penalties accruing under this Law shall be cumulative
of each other and a suit for recovery of one penalty shall not bar or affect
the recovery of another penalty.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-304) (from Ch. 95 1/2, par. 18a-304)
Sec. 18a-304.
Operators - Unlawful Practices.
It shall be unlawful for any operator:
(1) To act as an operator without a valid, current operator's employment permit.
(2) To violate any other provision of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-305) (from Ch. 95 1/2, par. 18a-305)
Sec. 18a-305.
Aiding and abetting.
It shall be unlawful for any
person to aid or abet in any violation of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-306) (from Ch. 95 1/2, par. 18a-306)
Sec. 18a-306.
Equipment Leasing.
Provisions in Section 18c-4103 of
the Illinois Commercial Transportation Law, as amended, shall likewise
govern equipment leasing by relocators except to the extent as otherwise
provided in this Law.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-307) (from Ch. 95 1/2, par. 18a-307)
Sec. 18a-307.
Enforcement.
Provisions in Article VII of subchapter 1
of the Illinois Commercial Transportation Law, governing
enforcement of the Illinois Commercial Transportation Law, shall likewise
govern the enforcement of this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. IV heading) ARTICLE IV.
LICENSES
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(625 ILCS 5/18a-400) (from Ch. 95 1/2, par. 18a-400)
Sec. 18a-400.
Relocator's licenses - Applications, original determinations.
(a) Each application for a license to operate as a commercial vehicle relocator
shall be made in writing to the Commission, shall be verified under oath, shall be in
such form and contain such information as the Commission may by regulation
require, and shall be accompanied by the required application fee and
proof of security.
(b) Upon the filing of such application, the Commission shall, within
a reasonable time, fix a time and place for public hearing thereon. At least
10 days before the hearing, the Commission shall notify the applicant and
all parties of record to such proceeding of the time and place of such
hearing, by mailing a notice thereof to each such party to the address
of such party shown in the records of such proceeding. Any person having
an interest in the subject matter may appear at the hearing in support of
or in objection to the application.
(c) The applicant shall publish a notice on a form prescribed by the Commission
covering the filing of such application at least 10 days prior to the time
of the initial hearing in (i) the official newspaper selected by the Department
of Finance of the State of Illinois pursuant to Section 4 of the Illinois
Purchasing Act, and (ii) a secular newspaper of general
circulation and published in the county in the State of Illinois, wherein
the applicant or applicants propose to maintain their principal office and
place of business within the State of Illinois. The Commission may by regulation
or otherwise order applicants to give such further notice as it deems required.
The Commission may give additional notice of the filing of such application
as it may deem reasonable and proper as prescribed in its rules. The Director
of the Department of Finance of the State of Illinois for the purposes hereof
shall over his or her signature as such Director annually and immediately
upon selecting the official newspaper certify to the Illinois Commerce
Commission
the name and address of said newspaper, together with the date of expiration
of the period of one year for which said newspaper was so selected and the
Commission shall filemark each such certification as of the date it receives
the same and shall keep an official file of said certifications of said
Director conveniently available at its office in Springfield, Illinois;
provided, however, that in any and all events and for all purposes of this
Section and this Chapter, should the aforesaid Director for any reason fail
to make said certification annually, the newspaper set forth in the
certification
aforesaid of said Director filemarked by the Commission as of the most recent
date shall be the official newspaper in which publication is required hereby.
In case publication is required hereby in a newspaper published in a particular
county and no newspaper is so published, then and in that case publication
shall be made in a newspaper published in the closest county thereto which
meets the circulation requirements of this Section.
(d) The Commission shall issue a relocator's license to any qualified
applicant therefor after hearing, pursuant to an application filed, if it
is found that the applicant is fit, willing and able properly to perform
the service proposed and to conform to provisions of this Chapter and the requirements,
rules and regulations of the Commission thereunder; otherwise such application
shall be denied. The order of the Commission granting or denying a relocator's
license shall set forth the specific findings of fact on which such order
is based. Notwithstanding any other provision of this Chapter no such license
shall be issued to any person who has failed to pay any registration fee
or any tax due from such person to the State of Illinois for the privilege
of operating any motor vehicle on the public highways in the State of Illinois.
(e) Operation over the public highways of this State conducted pursuant
to a relocator's license shall be in conformity with all of the laws of
this State pertaining to motor vehicle operation over such public highways.
(f) No relocator's license shall confer
any proprietary or property rights in the use of the public highways.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-401) (from Ch. 95 1/2, par. 18a-401)
Sec. 18a-401.
Relocator's licenses - Expiration and renewal.
All relocator's
licenses shall expire 2 years from the date of issuance by the Commission.
The Commission may temporarily extend the duration of a license for the
pendency of a renewal application until formally approved or denied.
Upon filing, no earlier than
90 days nor later than 45 days prior to such expiration,
of written application for renewal, verified under oath, in such form and
containing such information as the Commission shall by regulation require,
and accompanied by the required application fee and proof of security, the
Commission shall, unless it has received information of cause not to do
so, renew the license. If the Commission has information of cause not to
renew such license, it shall so notify the applicant, and shall hold a hearing
as provided for in Section 18a-400. The Commission may at any time during
the term of the license make inquiry into the management, conduct of business,
or otherwise to determine that the provisions of this Chapter 18A and the
regulations of the Commission promulgated thereunder are being observed.
(Source: P.A. 82-616.)
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(625 ILCS 5/18a-402) (from Ch. 95 1/2, par. 18a-402)
Sec. 18a-402.
Relocator's license - Transfer.
A relocator's license is
not transferable.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-403) (from Ch. 95 1/2, par. 18a-403)
Sec. 18a-403.
Operator's or dispatcher's employment permits -
Applications, original determinations. (1) Each application for an
operator's or dispatcher's employment permit shall be made in writing to
the Commission, shall be acknowledged before a notary public, shall be in
such form and shall contain such information as the Commission may by
regulation require, and shall be accompanied by the required application
fee and proof, in a form prescribed by the Commission, that the operator
applicant has a valid driver's license issued by the Secretary of State.
(2) Upon the filing of such application, the Commission shall conduct
an investigation of the criminal record, if any, of the applicant. The
Commission shall, within 3 working days, issue to any new
applicant for an employment permit a provisional operator's or
dispatcher's employment permit unless the Commission finds that the
applicant has committed an offense for which the permit could be revoked
under Section 18a-404 of this Chapter.
This provisional employment permit shall be valid for
a period of 1 year unless suspended or revoked by order of the Commission.
At the end of 1 year, the provisional permit shall automatically become
permanent unless the permit was revoked by order of the Commission during
the preceding year. The permanent permit shall remain valid unless
suspended or revoked by order of the Commission under this law.
(3) The permit shall identify the operator or dispatcher by
name and address, and shall identify the relocator by which the operator or
dispatcher will be employed by name, address and relocator's permit
number. The permit shall be valid only when the operator or dispatcher is
employed by the relocator identified thereon.
Operation over the public highways of this State conducted pursuant
to an operator's license issued under the provisions of this Section shall
be in conformity with all the laws of this State pertaining to motor vehicle
operation over such public highways.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-404) (from Ch. 95 1/2, par. 18a-404)
Sec. 18a-404. Operator's and dispatcher's employment permits -
Revocation. (1) The Commission shall suspend or revoke the permit of
an operator if it finds that:
(a) The operator or dispatcher made a false statement | ||
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(b) The operator's or dispatcher's driver's license | ||
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(c) The operator or dispatcher has been convicted, | ||
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(i) Bodily injury or attempt to inflict bodily | ||
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(ii) Theft of property or attempted theft of | ||
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(iii) Sexual assault or attempted sexual assault | ||
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(d) The operator or dispatcher has, during the | ||
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(2) The Commission, upon notification and verification of any conviction
described in this Section, of any person to whom license has been issued,
occurring within the 5 years prior to such issuance or any time thereafter,
shall immediately suspend the employment permit of such person, and
issue an order setting forth the grounds for revocation. The person and
his employer shall be notified of such suspension. Such person shall not
thereafter be employed by a relocator until a final order is issued by the
Commission either reinstating the employment permit, upon a finding that
the reinstatement of an employment permit to the person constitutes no
threat to the public safety, or revoking the employment permit.
(3) If the employment permit is revoked, the
person shall not thereafter be employed by a relocator until he obtains an
employment permit license under Article IV of this Chapter.
(Source: P.A. 94-895, eff. 1-1-07; 95-331, eff. 8-21-07.)
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(625 ILCS 5/18a-405) (from Ch. 95 1/2, par. 18a-405)
Sec. 18a-405. Operator's employment permits - Expiration and renewal.
All operator's employment permits shall expire 2 years from the date of
issuance by the Commission. The Commission may temporarily extend the
duration of an employment permit for the pendency of a renewal application
until formally approved or denied. Upon filing, no earlier than 90 nor
later than 45 days prior to such expiration, of written application for
renewal, acknowledged before a notary public, in such form and containing
such information as the Commission shall by regulation require, and
accompanied by the required fee and proof of possession of a valid driver's
license issued by the Secretary of State, the Commission shall, unless it
has received information of cause not to do so, renew the applicant's
operator's employment permit. If the Commission does not renew such
employment permit, it shall issue an order setting forth the grounds for
denial. The Commission may at any time during the term of the employment
permit make inquiry into the conduct of the permittee to determine that the
provisions of this Chapter 18A and the regulations of the Commission
promulgated thereunder are being adhered to.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/18a-406) (from Ch. 95 1/2, par. 18a-406)
Sec. 18a-406.
Operator's employment permits - Transfer.
An operator's
employment permit is not transferrable to another operator or to another relocator.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-407) (from Ch. 95 1/2, par. 18a-407)
Sec. 18a-407. Dispatcher's employment permits,
expiration and renewal. All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The Commission may
temporarily extend the duration of an employment permit for the
pendency of a renewal application until formally approved or denied. Upon
filing, no earlier than 90 nor later than 45 days prior to such expiration,
of written application for renewal, acknowledged before a notary public,
in such form and containing such information as the Commission shall by
regulation require, and accompanied by the required fee, the Commission
shall, unless it has received information of cause not to do so, renew the
applicant's dispatcher's employment permit. If the Commission does not
renew such employment permit, it shall issue an order setting forth the
grounds for denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the permittee to
determine that the provisions of this Chapter 18A and the regulations of
the Commission promulgated thereunder are being observed.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/18a-408) (from Ch. 95 1/2, par. 18a-408)
Sec. 18a-408.
Dispatcher's employment permit - Transfer.
A dispatcher's
employment permit is not transferable to another dispatcher or to another
relocator.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. V heading) ARTICLE V.
RATES AND CHARGES - LIENS
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(625 ILCS 5/18a-500) (from Ch. 95 1/2, par. 18a-500)
Sec. 18a-500.
Posting of rates.
Every commercial vehicle relocator shall
print and keep open
to the public, all authorized rates and charges for towing, otherwise moving,
and storing vehicles in connection with removal of unauthorized vehicles
from private property. Such rates and charges shall
be clearly stated in terms of lawful money of the United States, and shall
be posted in such form and manner, and shall contain such information as
the Commission shall by regulation prescribe.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
Sec. 18a-501.
Liens against relocated vehicles.
Unauthorized vehicles
removed and stored by a commercial vehicle relocator in compliance with
this Chapter shall be subject to a possessory lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act, and the provisions of
Section 1 of that Act relating to notice and implied consent shall be deemed
satisfied by compliance with Section 18a-302 and item (10)
of Section 18a-300. In no event shall such lien be greater than the rate
or rates established in accordance with item (6) of Section 18a-200. In no event
shall such lien be increased or altered to reflect any charge for services
or materials rendered in addition to those authorized by this Act. Every
such lien shall be payable by use of any major credit card, in addition
to being payable in cash. Upon receipt of a properly signed credit card
receipt, a relocator shall become a holder in due course, and neither the
holder of the credit card nor the company which issued the credit card may
thereafter refuse to remit payment in the amount shown on the credit card
receipt minus the ordinary charge assessed by the credit card company for
processing the charge. The Commission may adopt regulations governing
acceptance of credit cards by a relocator.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 18a Art. VI heading) ARTICLE VI.
FEES
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(625 ILCS 5/18a-600) (from Ch. 95 1/2, par. 18a-600)
Sec. 18a-600.
Relocator's license.
Each application for a license to
operate as a commercial vehicle relocator, or for a renewal of such
license, shall be accompanied by a filing fee in the amount provided or
prescribed by the Commission.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-601) (from Ch. 95 1/2, par. 18a-601)
Sec. 18a-601.
Operator's or dispatcher's employment permit.
Each
application for dispatcher's or an operator's employment permit shall be
accompanied by a filing fee in the amount provided or prescribed by the
Commission. Each application for renewal of an operator's or dispatcher's
employment permit shall be accompanied by a filing fee in the amount
provided herein or prescribed by the Commission.
(Source: P.A. 85-1209.)
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(625 ILCS 5/18a-602) (from Ch. 95 1/2, par. 18a-602)
Sec. 18a-602.
Establishment and Adjustment of Fees.
(1) General Provisions. The Commission may exercise any and all powers
with respect to establishment and adjustment of fees with respect to
commercial vehicle relocators which it may exercise with respect to motor
carriers under subsections (2), (3) and (4) of Section 18c-1501
of the Illinois Commercial Transportation Law.
(2) Initial fees. The Commission shall set initial fees by rulemaking
in accordance with Section 5-50 of the Illinois Administrative
Procedure Act. Initial fees shall be set and take effect within 60 days after
December 1, 1987. Such fees shall remain in effect until adjusted by the
Commission in accordance with subsection (1) of this Section.
(Source: P.A. 88-45.)
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(625 ILCS 5/18a-603) (from Ch. 95 1/2, par. 18a-603)
Sec. 18a-603.
Disposition of funds.
All fees and fines collected
by the Commission under this Chapter shall be paid into the Transportation
Regulatory Fund in the State Treasury. The money in that fund shall be
used to defray the expenses of the administration of this Chapter and for
the purposes specified in Section 18c-1601 of this Code.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. VII heading) ARTICLE VII.
COUNTIES COVERED
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(625 ILCS 5/18a-700) (from Ch. 95 1/2, par. 18a-700)
Sec. 18a-700.
Counties covered.
(a) The provisions of this Chapter
apply to all the activities of relocators and operators in any counties
of 1,000,000 or more and in any county of less than 1,000,000 which adopts
regulation under this Chapter as provided in this Section.
(b) Any operation of a relocator or operator involving the removal or
storage of a given vehicle which takes place in any part in a regulated
county shall subject all the activities of the relocator and operator
involving that vehicle to regulation under this Chapter, except operations
which take place entirely within the territory of a city, village or
incorporated town excluded from this Chapter under paragraph (d).
(c) Any county of under 1,000,000 may elect to be covered under this
Chapter by the adoption of a resolution by the County Board, approved by a
majority of its members, providing that the county shall be subject to this
Chapter. The county clerk shall certify to the Commission that the County
Board has adopted the resolution. The Commission shall certify to such
County Board an effective date for the applicability of this Chapter in
such county. Such effective date shall be no earlier than 30 days from
certification to the County Board nor later than 6 months from such
certification or the beginning of the next fiscal year, whichever is last.
(d) Cities, villages and incorporated towns in counties to which the
provisions of this Chapter apply may, by resolution adopted by a majority
of the members of the corporate authorities and filed with the County Clerk
of such county and with the Illinois Commerce Commission, choose to be
excluded from the provisions of this Chapter. Upon the filing of such
resolution, the provisions of this Chapter shall not be applicable to
operations of relocators or operators which take place entirely within the
territory of such city, village or incorporated town.
(Source: P.A. 86-492.)
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(625 ILCS 5/Ch. 18B heading) CHAPTER 18B.
MOTOR CARRIER SAFETY REGULATIONS
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(625 ILCS 5/Ch. 18B Art. I heading) ARTICLE I.
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
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(625 ILCS 5/18b-100) (from Ch. 95 1/2, par. 18b-100)
Sec. 18b-100.
Short Title.
This Chapter shall be known and may be
cited as "The Illinois Motor Carrier Safety Law".
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise clearly
requires, as used in this Chapter: "Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects. "Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and: (1) is operated by a farm or ranch owner or operator, | ||
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(2) is being used to transport the following to or | ||
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(A) agricultural commodities; (B) livestock; or (C) machinery or supplies; and (3) if registered in this State, is: (A) registered as a farm truck under subsection | ||
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(B) operated in combination as an articulated | ||
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(C) a truck registered for 12,000 lbs. or less as | ||
| ||
(4) is not used in for-hire motor carrier operations; | ||
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(5) has a gross vehicle weight rating (GVWR), a gross | ||
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(A) 26,001 lbs. or less, for vehicles operating | ||
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(B) greater than 26,001 lbs., operating in | ||
| ||
(C) greater than 26,001 lbs. and traveling | ||
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(D) greater than 10,000 lbs. and traveling | ||
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"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services. "Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year. "Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
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(625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
Sec. 18b-102.
Authority of Department.
To the extent necessary to
administer this Chapter, the Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor Carrier
Safety Regulations of the United States Department of Transportation, as
they are now or hereafter amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and, in conjunction with the Illinois State Police,
conduct directly or indirectly research, development, demonstrations and
training activities.
(c) Authorize any officer or Department employee
to enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent such
records and properties relate to the transportation by motor vehicle of
persons or property.
(d) Conduct a continuing review of all aspects of the transportation of
persons and property by motor vehicle in order to determine and recommend
appropriate steps to assure safe transportation by motor vehicle in Illinois.
(e) Administer and enforce the provisions of this Chapter and any rules
and regulations issued under this Chapter. Only the
Illinois State Police shall be authorized to stop and inspect any
commercial motor vehicle or driver at any time for the purpose of
determining compliance with the provisions of this Chapter or rules and
regulations issued under this Chapter.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18b-103) (from Ch. 95 1/2, par. 18b-103)
Sec. 18b-103.
Compliance with this Chapter.
Transportation by motor
vehicle of persons or property in commerce that is not in compliance with
this Chapter or any rules and regulations issued under this Act is prohibited.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-103.1) (from Ch. 95 1/2, par. 18b-103.1)
Sec. 18b-103.1.
Obedience to Police Officer.
(a) No person shall willfully fail or refuse to comply with any lawful
order or direction of any officer authorized by law to enforce this Chapter
and to perform vehicle and driver motor carrier safety inspections under
this Chapter. Lawful orders or directions shall include providing
documentation and answering questions necessary to determine compliance
with the provisions of this Chapter. The driver or owner shall assist the
officer, as needed, during the course of any such inspection.
(b) Any person who violates this Section shall be guilty of a Class C
misdemeanor offense.
(Source: P.A. 87-768; 88-476.)
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(625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
Sec. 18b-104.
Cooperation with State Agencies - Records and Data -
Availability. The Department shall cooperate with other State agencies
regulating transportation by motor vehicles and may enter into interagency
agreements for the purpose of sharing data. The Department shall enter
into an interagency agreement with the Illinois State Police for the
purpose of enforcing any provisions of this Chapter and the rules and
regulations issued under this Chapter.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and regulations.
(a) The Department is authorized to make and adopt reasonable rules and
regulations and orders consistent with law necessary to carry out the
provisions of this Chapter.
(b) The following parts of Title 49 of the Code of Federal Regulations,
as now in effect, are hereby adopted by reference as though they were set
out in full:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs; Part 380 - Special Training Requirements; Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties; Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(b-5) Individuals who meet the requirements set forth in the definition
of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code
of Federal Regulations may act as medical examiners in accordance with
Part 391 of Title 49 of the Code of Federal Regulations.
(c) The following parts and Sections of the Federal Motor Carrier Safety
Regulations shall not apply to those intrastate carriers, drivers or
vehicles subject to subsection (b).
(1) Section 393.93 of Part 393 for those vehicles | ||
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(2) Section 393.86 of Part 393 for those vehicles | ||
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(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural operations | ||
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(7) Paragraphs (b)(3) (insulin dependent diabetic) | ||
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(d) Intrastate carriers subject to the recording provisions of Section
395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be
exempt as established under paragraph (1) of Section 395.8; provided,
however, for the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to qualify for exempt
status.
(e) Regulations adopted by the Department subsequent to those adopted
under subsection (b) hereof shall be identical in substance to the Federal
Motor Carrier Safety Regulations of the United States Department of
Transportation and adopted in accordance with the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 102-982, eff. 7-1-23.)
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(625 ILCS 5/18b-106) (from Ch. 95 1/2, par. 18b-106)
Sec. 18b-106.
Application of Chapter and Regulations.
Except as
expressly specified within this Chapter, this Chapter and the rules and
regulations issued under this Chapter shall be applicable to all persons
employing drivers, drivers and commercial motor vehicles which transport
property or passengers in interstate or intrastate commerce.
(Source: P.A. 86-611; 87-829.)
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(625 ILCS 5/18b-106.1)
Sec. 18b-106.1.
Hours of service of drivers employed by contract carriers
transporting employees in the course of their employment. A contract carrier
shall
limit the hours of service by a driver transporting employees in the course of
their employment on a
road or highway of this State in a vehicle designed to carry 15 or fewer
passengers to 12 hours of vehicle operation per day, 15 hours of on-duty
service per day, and 70 hours of on-duty service in 7 consecutive days. The
contract carrier shall
require a driver who has 12 hours of vehicle operation per day or 15 hours of
on-duty service per day to have at least 8 consecutive hours off duty before
operating a vehicle again.
(Source: P.A. 92-108, eff. 1-1-02.)
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(625 ILCS 5/18b-106.2) Sec. 18b-106.2. Hours of service; utility service interruption emergencies. (a) As used in this Section: "Commercial driver's license" has the meaning set forth in Section 1-111.6 of this Code. "Commercial motor vehicle" has the meaning set forth in Section 18b-101 of this Code. "Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5. "Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service. "Utility service vehicle" has the meaning set forth in 49 CFR 395.2. (b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency. (c) A utility service interruption emergency continues until: (1) the necessary maintenance or repair work is | ||
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(2) personnel used to perform necessary maintenance | ||
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(d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 CFR 395 if he or she: (1) is the holder of a commercial driver's license; (2) is: (A) an employee; (B) an employee of a contractor; or (C) an employee of a subcontractor; of a utility service provider in an employment capacity | ||
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(3) operates a commercial motor vehicle as a utility | ||
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(e) The exemption from maximum hours of service regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less. (f) Nothing in this amendatory Act of the 94th General Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.
(Source: P.A. 94-1, eff. 5-23-05.) |
(625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
Sec. 18b-107. Violations - Civil penalties. Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
railroad-highway
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
may require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 94-519, eff. 8-10-05.)
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(625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
Sec. 18b-108. Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
General.
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General. (d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
Sec. 18b-109.
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-110) (from Ch. 95 1/2, par. 18b-110)
Sec. 18b-110.
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
Sec. 18b-111.
Review Under Administrative Review Law.
All
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
hereafter amended.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer, chassis, or
container.
This includes any forwarding company, water carrier, steamship line, railroad,
vehicle
equipment leasing company, and their subsidiary or affiliated companies owning
the
equipment.
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
Transportation thereafter.
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
operations.
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
interchange.
(1) If as a result of a roadside inspection by the | ||
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(2) A rebuttable presumption exists that the | ||
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(A) There is a defect with the brake drum
when:
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
brakes when:
(I) there is no movement of any
components;
(II) there are missing, broken, or loose | ||
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(III) there are mismatched components.
(C) There is a defect with the air lines and | ||
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(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or | ||
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(D) There is a defect with the reservoir tank | ||
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(E) There is a defect with the frames
when:
(I) there is any cracked, loose, sagging, or | ||
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(II) there is any condition which causes | ||
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(F) There is an electrical defect when wires are | ||
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(G) There is a defect with the wheel assembly | ||
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(I) there is low or no oil;
(II) there is oil leakage on brake | ||
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(III) there are lug nuts that are loose or | ||
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(IV) the wheel bearings are not properly | ||
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(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the | ||
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(III) there are exposed plys or belting | ||
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(I) There is defect with rim cracks when:
(I) there is any circumferential crack, | ||
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(II) there is a lock or side ring cracked, | ||
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(J) There is a defect with the suspension
when:
(I) there are spring assembly leaves broken, | ||
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(II) there are spring hanger, u-bolts, or | ||
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(K) There is a defect with the chassis locking | ||
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(3) If an operator receives a citation for a | ||
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(A) fines and costs, including court costs and | ||
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(B) costs incurred by the operator to repair the | ||
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The equipment provider shall reimburse the operator | ||
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(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
violation.
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/Ch. 18C heading) CHAPTER 18C.
ILLINOIS COMMERCIAL TRANSPORTATION LAW
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(625 ILCS 5/Ch. 18C Sub-ch. 1 heading) SUB-CHAPTER 1.
GENERAL PROVISIONS
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(625 ILCS 5/Ch 18C Sub 1 Art I heading) ARTICLE I.
SHORT TITLE, LEGISLATIVE INTENT, STATE
TRANSPORTATION POLICY, AND DEFINITIONS
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(625 ILCS 5/18c-1101) (from Ch. 95 1/2, par. 18c-1101)
Sec. 18c-1101.
Short Title.
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
Sec. 18c-1102.
Legislative Intent.
The General Assembly finds that:
(a) a comprehensive recodification of existing | ||
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(b) the accelerating pace of change in the | ||
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(c) an increasing incidence of unlawful activity by | ||
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Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/18c-1103) (from Ch. 95 1/2, par. 18c-1103)
Sec. 18c-1103.
State Transportation Policy.
It is hereby declared to be
the policy of the State of Illinois
to actively supervise and regulate commercial transportation of
persons and property within this state. This policy shall be
carried out in such manner as to: (a) promote adequate,
economical, efficient and responsive commercial transportation service,
with adequate revenues to carriers and reasonable rates to the
public, and without discrimination; (b) recognize and preserve
the inherent advantages of, and foster sound economic conditions
in, the several modes of commercial transportation in the public
interest; (c) develop and preserve a commercial transportation
system properly supportive of the broad economic development
goals of the State of Illinois; (d) create economic and
employment opportunities in commercial transportation and affected
industries through economic growth and development; (e) encourage
fair wages and safe and suitable working conditions in the
transportation industry; (f) protect the public safety through
administration of a program of safety standards and insurance; (g)
insure a stable and well-coordinated transportation system for
shippers, carriers and the public; and (h) cooperate with the
federal government, the several states, and with the
organizations representing states and commercial transportation service
providers and consumers.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104.
Definitions.
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
carrier.
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
purposes only.
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(a) Undertakes responsibility for the consolidation | ||
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(b) Utilizes, for the transportation of such | ||
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(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used | ||
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(B) Furniture, fixtures, equipment, and the property | ||
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(C) Articles, including, but not limited to, objects | ||
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(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of | ||
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(b) For-hire towing of wheeled property other than | ||
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(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/Ch 18C Sub 1 Art II heading) ARTICLE II.
JURISDICTION AND POWER
OF THE COMMISSION
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(625 ILCS 5/18c-1201) (from Ch. 95 1/2, par. 18c-1201)
Sec. 18c-1201.
Jurisdiction.
The jurisdiction of the Commission under
this Chapter shall extend to
for-hire transportation by motor carrier and rail carrier, the activities of
brokers, and to
other activities specifically enumerated herein, within the State
of Illinois, and except as otherwise provided elsewhere in this Chapter
shall extend only to intrastate commerce.
(Source: P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
Sec. 18c-1202.
Enumeration of Powers.
The Commission shall have the power
to:
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as to public
carriers, this power is limited to matters relating to insurance and safety
standards;
(3) Regulate rates and practices of household goods carriers, rail
carriers, passenger carriers, and common carriers by pipeline;
(4) Establish and maintain systems of accounting as well as
reporting and record-keeping requirements for household goods carriers,
rail carriers, passenger carriers, and common carriers by pipeline;
(5) Establish and maintain systems for the classification of
carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to the
leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited to matters
relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
standards;
(8) Regulate brokers in accordance with provisions of this Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform
for all modes of transportation or different for the
different modes as will, in the opinion of the
Commission, best effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own motion
or the motion of a person;
(11) Adjudicate disputes, hear complaints or other petitions
for relief, and settle such matters by stipulation or
agreement;
(12) Create special procedures for the receipt and handling
of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and orders,
except that the rule of ejusdem generis shall not be applicable in the
construction or interpretation of any license, certificate or permit
originally issued under the Illinois Motor Carrier of Property Law and now
governed by subchapter 4 of this Chapter or issued
under subchapter 4 of this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners,
enforcement officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives of
the various transportation modes, shippers, receivers,
or other members of the public;
(17) Initiate and participate in proceedings in the federal or State
courts, and in proceedings before federal or other State agencies, to the
extent necessary to effectuate the purposes of this Chapter, provided that
participation in specific proceedings is directed, in writing, by the
Commission;
(18) Direct any telecommunications carrier to disconnect the telephone
number published in any commercial listing of any household goods carrier that
does not have a valid license issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-1203) (from Ch. 95 1/2, par. 18c-1203)
Sec. 18c-1203.
Initial Decisions.
(1) Delegation of Authority.
(a) General Delegation. The power to make an initial | ||
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(b) Delegation to Examiners. The power to make | ||
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(2) Form of Decisions. Decisions under this Section shall be by letter
notice or directive, signed by the person authorized to make the initial
decision. Such notice or directive shall be effective and enforceable in
the same manner as an order of the Commission.
(3) Appeal of Initial Decisions. All initial decisions rendered under
this Section may be appealed to the Commission. Appeal of interlocutory
decisions by an examiner in a case assigned for hearing shall be in
accordance with the Commission's Rules of Practice. Appeal of other initial
decisions shall be by motion for reconsideration in accordance with Section
18c-2110 of this Chapter.
(4) Enforcement. An initial decision which has not been administratively
appealed or the administrative appeal of which has been denied shall be
effective and
enforceable in the same manner as an order of the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
Sec. 18c-1204.
Transportation Division.
(1) Establishment. There shall be established within the staff of the
Commission a Transportation Division in which primary staff responsibility for
the administration and enforcement of this Chapter and Chapter 18a shall be
vested. The Transportation Division shall be headed by a division manager
responsible to the executive director.
(2) Structure. The Transportation Division shall consist of 4 programs
and 2 offices. The 4 programs shall be Compliance, Review and Examination,
Docketing and Processing, and Rail Safety. Each program shall be headed by
a program director and responsible to the division manager, except that in
the Compliance Program the 3 staff supervisors shall each be responsible to
the division manager. The 2 offices shall be the Office of Transportation
Counsel and the Office of the Division Manager. The Office of
Transportation Counsel shall be headed by a Chief Counsel responsible to
the Division Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel with the
executive director and the personal assistant serving as staff counsel to
the executive director in the office of the executive director, and with
the Commission.
(a) The Compliance Program.
(i) The Compliance Program shall consist of a | ||
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(ii) The police staff shall be divided into | ||
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(b) The Review and Examination Program.
(i) Staff responsibility for review of all | ||
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(ii) Hearing examiners in the program shall have | ||
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(c) The Processing and Docketing Program. All staff | ||
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(d) The Rail Safety Program. Staff responsibility for | ||
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(e) The Office of Transportation Counsel.
(i) All Commission staff responsibility for | ||
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(ii) The Office of Transportation Counsel shall, | ||
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(f) Levels of Administration. No additional levels | ||
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(3) Additional Functions. Staff functions relating to rulemaking,
policy recommendations and advisory committees under this Chapter and
Chapter 18a shall be vested in the Transportation Division.
The staff shall prepare and distribute to the General Assembly, in
April of each year, a report on railway accidents in Illinois which involve
hazardous materials. The report shall include the location, substance
involved, amounts involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of the hazardous
material involved in each accident.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1204a) (from Ch. 95 1/2, par. 18c-1204a)
Sec. 18c-1204a.
Docketing Procedures.
(1) Mandatory Docketing
Requirement. All pleadings filed with the Commission under this Chapter
and Chapter 18a shall be docketed in a timely manner.
(2) Staff Objections. If staff believes a pleading filed with the
Commission under this Chapter and Chapter 18a to be defective in any respect, it may file
its objection with the Commission in writing, provided a copy of the
objection is simultaneously served on the person who filed the
pleading and 15 days are allowed for the filing of a reply. The Commission
may, if it finds that the pleading is defective, either dismiss the
proceeding or permit amendment of the pleading, provided that intervenors
are permitted adequate time after amendment to prepare for continuation of
the proceeding.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1204b) (from Ch. 95 1/2, par. 18c-1204b)
Sec. 18c-1204b.
Certification of Records.
Copies of all official documents and orders filed or deposited according to
the law in the office of the Commission under this Chapter or Chapter 18a,
certified by the director of the processing and docketing program to be
true copies of the originals, under the official seal of the Commission,
shall be evidence in like manner as the originals.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1204c) (from Ch. 95 1/2, par. 18c-1204c)
Sec. 18c-1204c.
Independent Review of Decisions on Administrative
Appeal. (1) Requirement of Independent Review. Except as otherwise
provided in subsection (3) of this Section:
(a) Review of Staff Decisions. No decision made by other than the
Commission shall be reviewed on administrative appeal by the person or
board which made the decision, unless the appeal requests review by the
person or board which made the decision.
(b) Review of Commission or Employee Board Decisions. No decision made
by the Commission
or an employee board shall be reviewed on administrative appeal by the
person or board which made the formal recommendation pursuant to which the
decision was made, unless the appeal requests review by the person or board
which made the formal recommendation.
(2) Independent Review Board. (a) Establishment of an Independent
Review Board. The Commission shall establish an Independent Review Board
which shall review motions for rehearing and reconsideration which do not
request review by the person or board which made the decision or the formal
recommendation pursuant to which the decision was made.
(b) Composition of the Independent Review Board. The Board shall
consist of 3 members appointed by the Commission, one of whom shall be
designated as the chairman. The Commission shall appoint the members from
Commission staff whose expenses may be allocated to the Transportation
Regulatory Fund under Section 18c-1603. If the
Transportation Division is not represented on the Board by a voting member,
the Commission shall appoint a
nonvoting member from the Transportation Division.
(c) Functions of the Independent Review Board. The Board shall review
all motions presented to it under this Section. The Board may, in its
discretion, review the record of the proceeding and hear oral argument by
the parties. The Board shall recommend a decision by the Commission. If a
Board member dissents from the recommendation, any dissenting opinion
supplied by the member shall be attached.
(3) Applicability of Section. The provisions of this Section shall
not apply to any matter arising under Subchapter 7 of this Chapter.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1204d) (from Ch. 95 1/2, par. 18c-1204d)
Sec. 18c-1204d.
Staff participation.
(1) General Provisions. Except
as otherwise provided in this Section, Commission staff participation in
the administration or enforcement of this Law in a supervisory, advisory,
or other capacity shall be limited to personnel whose expenses are, in
whole or in part, allocable to the Transportation Regulatory Fund.
(2) Exceptions. The provisions of subsection (1) of this Section shall not apply to:
(a) Staff of the office of chairman and commissioners serving as
personal assistants or clerical support to the members;
(b) Members of the Independent Review Board serving on the effective
date of this amendatory Act of 1989, while serving in their current capacities; or
(c) Commission staff other than the staff of the office of chairman and
commissioners participating in proceedings involving subchapters 5, 6, 7 or
8 of this Chapter.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1204e) (from Ch. 95 1/2, par. 18c-1204e)
Sec. 18c-1204e.
Communications with the Office of Chairman and
Commissioners. (1) The chairman, members and executive director shall
jointly adopt and adhere to written procedures concerning communication
with staff of the Transportation Division to insure that:
(a) Communications from the members or staff of the office of chairman
and commissioners which do not require substantial work from staff shall be
transmitted to the manager of the Transportation Division; and
(b) Communications from the members or staff of the office of chairman
and commissioners which do require substantial work from staff shall be
transmitted to the executive director.
(2) The executive director shall establish written procedures, which
staff other than staff of the office of chairman and commissioners shall
adhere to, in regard to communications of such staff to the chairman,
members or staff of the office of chairman and commissioners.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(a) Merit standards and procedures, and education | ||
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(b) Successful completion of an accredited accounting | ||
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(c) Successful completion of an accredited legal or | ||
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(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
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(625 ILCS 5/Ch 18C Sub 1 Art III heading) ARTICLE III.
EMPLOYEE BOARDS
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(625 ILCS 5/18c-1301) (from Ch. 95 1/2, par. 18c-1301)
Sec. 18c-1301.
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1302) (from Ch. 95 1/2, par. 18c-1302)
Sec. 18c-1302.
Members of Employee Boards.
(1) Appointment
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
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(625 ILCS 5/18c-1303) (from Ch. 95 1/2, par. 18c-1303)
Sec. 18c-1303.
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)
Sec. 18c-1304. Orders of Employee Boards. Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefor.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/Ch 18C Sub 1 Art IV heading) ARTICLE IV.
MODIFICATION OF STANDARDS
AND PROCEDURES
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(625 ILCS 5/18c-1401) (from Ch. 95 1/2, par. 18c-1401)
Sec. 18c-1401.
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1402) (from Ch. 95 1/2, par. 18c-1402)
Sec. 18c-1402.
Interim Rulemaking.
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 1 Art V heading) ARTICLE V.
FEES AND TAXES
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(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for | ||
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(b) Filing fees: $100 for each application seeking a | ||
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(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a | ||
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(a-5) $15 for each motor vehicle operated by a public | ||
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(b) $7 for each motor vehicle operated by a motor | ||
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(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The | ||
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(b) Late-filing Fees to Accrue Automatically. | ||
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(c) Maximum Fees. Late-filing fees prescribed by the | ||
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(d) Effect of Failure to Make Timely Filings and Pay | ||
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(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise | ||
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(b) Filing and Other Fees. Filing and other fees | ||
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(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce | ||
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(b) The Illinois Commerce Commission may reduce by | ||
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(c) Any check altered pursuant to above shall be | ||
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(d) All applications to the Illinois Commerce | ||
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(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
Sec. 18c-1502.
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
carrier's
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
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(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05.
Route Mileage Fee for Rail Carriers.
Beginning with
calendar year 2004, every rail carrier shall pay to the Commission
for each
calendar year a route mileage fee of $45 for each route mile of
railroad right
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10.
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
location at
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
Sec. 18c-1503. Legislative Intent. It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09.)
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(625 ILCS 5/18c-1504) (from Ch. 95 1/2, par. 18c-1504)
Sec. 18c-1504.
Reciprocity.
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
Sec. 18c-1505.
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 1 Art VI heading) ARTICLE VI.
TRANSPORTATION REGULATORY FUND
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(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601.
Deposit of Monies into the Transportation Regulatory
Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
(a) motor carriers of property (other than carriers | ||
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(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(4) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
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(625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
Sec. 18c-1602.
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation | ||
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(i) Incurred by and for staff employed within the | ||
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(ii) Incurred exclusively in the administration | ||
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(iii) Authorized by the Transportation Division | ||
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(b) Expenses Partially Allocated to the | ||
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(i) The Executive Director, his deputies and | ||
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(ii) The legislative liaison activities of the | ||
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(iii) The activities of the Bureau of Planning | ||
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(iv) The payroll expenses of Commissioners' | ||
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(v) The internal auditor;
(vi) The in-state travel expenses of the | ||
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(vii) The Public Affairs Group, its constituent | ||
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(c) Allocation Methodology for Expenses Other Than | ||
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(d) (Blank).
(e) Allocation methodology for Commissioners' | ||
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(f) Expenses not allocable to the Transportation | ||
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(i) Commissioners' travel, except as otherwise | ||
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(ii) Commissioners' assistants except as | ||
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(iii) The Policy Analysis and Research Division, | ||
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(iv) The Chief Clerk's office, its constituent | ||
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(v) The Hearing Examiners Division, its | ||
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(vi) (Blank);
(vii) The Office of General Counsel, its | ||
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(viii) Any other expenses or portion thereof not | ||
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The constituent elements of the foregoing shall, for | ||
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(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
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(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(1) All monies deposited in the Transportation | ||
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(2) All expenditures from the Transportation | ||
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(3) A listing and description by function of all | ||
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(4) The methods used to allocate expenses between the | ||
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(Source: P.A. 94-839, eff. 6-6-06.)
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(625 ILCS 5/Ch 18C Sub 1 Art VII heading) ARTICLE VII.
VIOLATIONS OF THE LAW
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(625 ILCS 5/18c-1701) (from Ch. 95 1/2, par. 18c-1701)
Sec. 18c-1701.
Violations Defined.
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
Sec. 18c-1702. Responsibility for Enforcement. It shall be the duty of the Commission and of the Illinois State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a | ||
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(b) Presumption of Reasonableness. Such stipulations | ||
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(c) Parameters. Parameters for settlement shall be | ||
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(d) Orders. Orders suspending proposed settlements | ||
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(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as | ||
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(b) Suspension Pending Adjudication. Where the | ||
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(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice | ||
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(ii) Extensions of Time. The Commission may grant | ||
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(iii) Request for Hearing. If a timely written | ||
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(iv) Revocation by Operation of Law. If, at the | ||
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(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705.
Expedited Enforcement Procedures.
The
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(i) Power to Negotiate Settlements. The | ||
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(ii) Review and Acceptance of Stipulations. The | ||
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(iii) Administrative Appeal of Settlements. | ||
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(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch 18C Sb 1 Art VIII heading) ARTICLE VIII.
SERVICE OF NOTICES,
ORDERS AND PROCESS
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(625 ILCS 5/18c-1801) (from Ch. 95 1/2, par. 18c-1801)
Sec. 18c-1801.
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1802) (from Ch. 95 1/2, par. 18c-1802)
Sec. 18c-1802.
Time of Service.
Notices, orders, process and other correspondence of the
Commission shall be deemed served at the time they are deposited in the
United States mail or delivered to a commercial delivery service or
delivered in person by an employee or agent of the Commission.
Notices, orders, process and other correspondence shall be deemed
served on the Commission at the time of receipt.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch. 18C Sub-ch. 2 heading) SUB-CHAPTER 2.
PROCEEDINGS BEFORE THE
COMMISSION AND THE COURTS
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(625 ILCS 5/Ch 18C Sub 2 Art I heading) ARTICLE I.
ADMINISTRATIVE PROCEEDINGS
BEFORE THE COMMISSION
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(625 ILCS 5/18c-2101) (from Ch. 95 1/2, par. 18c-2101)
Sec. 18c-2101.
Hearings in household goods carrier licensing cases.
(1) Hearing required. The Commission shall issue orders in household goods
carrier licensing cases only after notice and hearing in
accordance with
the rules of practice applicable to proceedings under this Chapter.
(2) Hearing not required. Hearing shall be required in household goods
carrier licensing cases, except as provided in Sections 18c-2107 and
18c-4306 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
Sec. 18c-2102. Hearings in other than household goods carrier
authority cases.
(1) Hearing required.
Except as otherwise provided in subsection (2) of this Section,
and in Section 18c-2108 of this Chapter the Commission shall, in other than
household goods carrier authority cases,
issue orders granting
authority or other relief, prescribing rates, imposing
sanctions, or directing that a person take, continue to take,
refrain from taking or cease and desist from continuing to
take any action, only after notice and hearing in accordance
with the rules of practice applicable to proceedings under
this Chapter.
(1.1) Service of notice in a case involving a motor carrier of passengers. In any case involving a motor carrier of passengers, if an airport is a point to be served, in addition to public notice by publication, notice of an application for a license or transfer of a license must be served by certified mail, return receipt requested, on (i) the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and (ii) the agent for service of process in Illinois of any motor carrier possessing a license under Section 18c-6201 authorizing all or part of the service for which authority is sought under Section 18c-6201 of this Chapter.
(2) Hearing not required. Except as otherwise provided in Section
18c-2108 of this Chapter,
the Commission may, in other than household goods carrier authority
cases, conduct its review and issue orders
without hearing, the taking of evidence, or the making of a
record where action taken in the order:
(a) Was not opposed in a timely pleading addressed to | ||
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(b) Was opposed in a timely pleading, but such | ||
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(c) Was taken on an emergency temporary or interim | ||
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(d) Is interlocutory in nature.
(3) Section not applicable to household goods carrier authority cases.
Nothing in this Section shall have application to any household goods
carrier authority case.
(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2103) (from Ch. 95 1/2, par. 18c-2103)
Sec. 18c-2103.
Rules of Practice.
(1) General Provisions.
The Commission shall adopt General and Special rules of
practice to govern administrative proceedings under this Chapter.
Such rules shall be designed to effectuate the purposes of
this Chapter. Rules of practice heretofore issued by the Commission shall
be the rules of practice applicable under this Chapter unless changed,
repealed, or supplemented by the Commission.
(2) Verification of Pleadings.
Unless otherwise expressly provided therein, the signature on
any pleading, document, or other paper filed with the
Commission on which a verification or oath is required under
applicable statutes or regulations shall constitute the
verification or oath of the signatory and no further
verification or oath shall be required. False verification
or oath shall be a violation of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2104) (from Ch. 95 1/2, par. 18c-2104)
Sec. 18c-2104.
Rules of Evidence.
The rules of evidence which apply in civil cases before the
circuit courts of this State shall, except as otherwise provided
herein, apply to proceedings before the Commission under this Chapter.
Evidence not admissible under the rules of evidence
applicable in civil courts may be admitted if it is of a type commonly
relied upon by prudent persons in the conduct of their affairs.
Objections must be made at hearing to preserve them on appeal.
Evidence may be received orally or in writing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2105) (from Ch. 95 1/2, par. 18c-2105)
Sec. 18c-2105.
Discovery.
(1) Discovery Generally. Any party may utilize
written interrogatories, depositions, requests for discovery or inspection
of documents or property and other discovery tools commonly utilized in
civil actions in the circuit courts in the State of Illinois in the manner
contemplated by the Code of Civil Procedure and the Rules of the Supreme
Court of Illinois; except that discovery must be completed by the 30th day
after the party filed its petition for leave to intervene, unless the period
of discovery is extended by agreement of the parties or by the Commission.
The Chairman or a hearing examiner may, at any time, on his own motion or
at the request of a party, issue such rulings denying, limiting, conditioning,
or regulating discovery as justice requires, and may supervise all or part
of any discovery procedure. Parties to proceedings before the Commission
are encouraged to clarify and resolve issues where possible through the
use of pre-hearing discovery. However, discovery order should be calculated
to lessen the time and expense required to reach an informed resolution of the issues.
(2) Subpoenas.
The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records,
documents, or other papers, at a time and place set forth in the subpoena,
in connection with a proceeding before the Commission. Service of the
subpoena shall be in the same manner as a subpoena issued by a court.
The Commission may, on its own motion or the motion of a
person served with a subpoena, quash the subpoena, in whole
or in part.
(3) Appeal from Discovery and Subpoenas. A person served with a
discovery request or subpoena may appeal such interlocutory matter to the
Commission. Such appeals shall set forth grounds for seeking to quash or
limit the scope of the discovery or subpoena, as well as the specific
relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the
person served shall be excused from compliance with the discovery order or
subpoena until a decision on its appeal is made by the Commission.
(4) Assessment and Payment of Discovery Costs.
The Commission may assess the costs of discovery, including
fees for witness attendance and travel, against the party by
which discovery was requested. Where a subpoena is issued on
the Commission's own motion, fees for witness attendance and
travel shall be paid by the Commission on request. Witness
fees shall be the same as for a circuit court proceeding.
Deposits to insure payment of costs and fees may be required.
(5) Enforcement of Discovery Procedures. The Commission may, where a
person has failed to comply with or permit discovery authorized hereunder,
determine any or all issues within the scope of the discovery or subpoena
adverse to such person without further evidence. The Commission may, in
addition, assess civil penalties under Article VII of Sub-chapter 1 of this
Chapter for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the violator.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(a) Licensing Proceedings. A person or an entity | ||
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(i) The person possesses a license authorizing | ||
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(ii) The proceeding involves an application for a | ||
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(iii) The entity is a municipality or other | ||
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(b) Rate Proceedings. A person shall be deemed to | ||
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(i) A carrier authorized to transport traffic | ||
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(ii) A shipper or receiver of traffic such as | ||
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(iii) An association of two or more carriers, | ||
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(iv) An organization representing employees of a | ||
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(c) Proceedings to Transfer a License. A person shall | ||
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(i) Has an ownership interest in or control of | ||
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(ii) Would, if the proposed transfer is approved, | ||
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(iii) Possesses a license authorizing all or part | ||
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(iv) Would be directly affected by the transfer;
(v) Is an organization representing employees of | ||
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(vi) Is a municipality or other political | ||
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(d) Complaint and Enforcement Proceedings. A person | ||
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(i) Has an ownership interest in or control of | ||
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(ii) Would be directly and adversely affected by | ||
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(iii) Is an organization representing employees | ||
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(e) All Proceedings. Notwithstanding the provisions | ||
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(i) Filed the pleading pursuant to which the | ||
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(ii) Is an organization representing employees of | ||
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(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2107) (from Ch. 95 1/2, par. 18c-2107)
Sec. 18c-2107.
Orders in household goods carrier authority proceedings.
(1) Emergency Proceedings Orders. The Commission may, on request, and upon
a finding that urgent and immediate public need requires emergency
temporary action, issue orders granting emergency temporary relief in
household goods carrier authority proceedings. The Commission shall promptly
post notice of any such request at a prominent location at the Commission
offices in Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by telephone or
telegram. Such orders may be issued without hearing and shall remain in
effect pending notice and hearing in accordance with subsection (1) of
Section 18c-2101 of this Chapter, but shall not remain in effect for a
period exceeding 45 days from issuance, and shall not be renewed or
extended. Any person in opposition to such relief shall be entitled, on
request, to an oral hearing on the request for emergency temporary relief.
The filing or granting of a request for an oral hearing shall not, unless
the Commission so provides, stay
the issuance or effect of any emergency temporary order under this subsection.
(2) Interim orders. The Commission may, on request, issue interim orders
for temporary authority in household goods carrier authority proceedings
making temporary disposition of issues in a proceeding after notice and
review of verified supporting statements. Such orders shall remain in
effect pending final disposition in accordance with Section 18c-2101 of
this Chapter unless otherwise provided in the interim order or the interim
order is modified or rescinded by the Commission. Any person in opposition
to such relief shall be entitled, on request, to an oral hearing on the
request for temporary relief. The filing or granting of such a request for
an oral hearing shall not, unless the Commission so provides, stay the
issuance or effect of any interim order under this subsection. A request
for oral hearing on a request for interim relief shall, unless otherwise
specified by the party making the request for oral hearing, be construed as
a request for oral hearing on the application for permanent relief as well.
(3) Final Orders. Final orders shall be issued in household
goods carrier of
property authority proceedings only after an oral hearing.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108.
Orders in other than household goods carriers
authority and enforcement proceedings.
(1) Emergency Orders.
The Commission may, on request, and upon a finding that
urgent and immediate public need requires emergency temporary
action, issue orders granting emergency temporary relief in other than
household goods carrier authority or enforcement cases.
The Commission shall promptly post notice of any such request
at a prominent location at the Commission offices in
Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by
telephone or telegram. Such orders may be issued without
hearing and shall remain in effect pending notice and hearing
in accordance with subsection (1) of Section 18c-2101 of
this Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed
or extended. Any person in opposition to such relief shall
be entitled, on request, to an oral hearing on the
request for emergency temporary relief. The filing
or granting of such request for oral hearing shall not,
unless the Commission so provides, stay the issuance or
effect of any emergency temporary order under this
subsection.
(2) Interim Orders.
The Commission may, on request, issue interim orders making
temporary disposition of issues in a proceeding, other than a household
goods carrier authority or enforcement proceeding, after notice
and hearing on written submissions. Such orders shall remain
in effect pending final disposition in accordance with Section
18c-2102 of this Chapter unless otherwise provided
in the interim order or the interim order is modified or
rescinded by the Commission. Any person in opposition to
such relief shall be entitled, on request, to an oral hearing
on the request for temporary relief. The filing or granting
of such a request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
interim order under this subsection. A request for oral
hearing on a request for temporary relief shall, unless
otherwise specified by the party making the request for oral
hearing, be construed as a request for oral hearing on the
application for permanent relief as well.
(3) Final orders.
Any party to a proceeding before the Commission shall be
entitled, on timely written request, to an oral hearing prior
to issuance of a final order in the proceeding. Where the
Commission has issued an interim order and no timely request
for oral hearing has been filed or is pending, the Commission
may issue a final order without oral hearing, except in household
goods carrier authority proceedings.
(4) Section not applicable to household goods carrier authority
proceedings. Nothing in this Section shall have application to any
household goods carrier authority proceeding.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/18c-2109) (from Ch. 95 1/2, par. 18c-2109)
Sec. 18c-2109.
Prompt Final Disposition of Proceedings.
The Commission shall consider matters properly before it in the
most expeditious manner possible, and in no case shall the final
order resolving matters in a proceeding be entered later than the
90th day following the close of oral hearing.
Proceedings may be reassigned in order to expedite consideration and
disposition.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 2 Art II heading) ARTICLE II.
JUDICIAL REVIEW PROCEEDINGS
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(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
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(625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
Sec. 18c-2202.
Scope of Judicial Review.
(1) Issues on Review.
The reviewing court shall be limited in its review to
whether:
(a) The Commission's order is against the manifest weight of
evidence in the record before the Commission;
(b) The order is contrary to provisions of this Chapter or
Commission regulations;
(c) The order is an abuse of discretion;
(d) The order is beyond the jurisdiction of the Commission;
or
(e) The order denies constitutional rights of the person
seeking judicial review.
(2) Record on Review.
In reviewing an order of the Commission, the court shall be
limited to issues of fact or law presented to the Commission
in either a motion for reconsideration or a motion for
rehearing, and to:
(a) Evidence in the record before the Commission;
(b) Evidence offered but erroneously excluded by the
Commission from the record; and
(c) Evidence of procedural irregularities which could not,
with reasonable diligence, have been offered, either at
the administrative hearing or in the motion for
reconsideration or rehearing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
Sec. 18c-2203.
Submission of the Administrative Record.
It shall be
the responsibility of the Commission to submit to the court certified copies
of the record before the Commission. The record submitted must be complete
in all respects unless all parties have, by written stipulation, agreed
to deletion of materials not relevant to the issues raised in the petition
for judicial review. The cost of preparing certified copies of the record
may be assessed, in whole or in part, to the party seeking judicial review,
and failure to pay such costs shall be grounds for dismissal in accordance
with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
Sec. 18c-2204.
Relief.
The reviewing court may grant relief in
accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
Sec. 18c-2206.
Application of the Illinois Administrative Review Law.
Where this Article is silent, proceedings for judicial review of a
Commission action, regulation or order shall be governed by provisions of
the Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 2 Art III heading) ARTICLE III.
ADMINISTRATIVE AND JUDICIAL
ENFORCEMENT PROCEEDINGS
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(625 ILCS 5/18c-2301) (from Ch. 95 1/2, par. 18c-2301)
Sec. 18c-2301.
Initiation of Proceedings.
The Commission may initiate
either administrative or judicial proceedings, or both, to enforce provisions
of this Chapter, and Commission regulations and orders.
In addition, any interested
person may apply to a circuit court, which has jurisdiction and venue
as set out in this Chapter, for injunctive relief to enforce provisions of Sub-Chapter 4
of this Chapter, and Commission regulations and orders issued pursuant to Sub-Chapter 4.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2302) (from Ch. 95 1/2, par. 18c-2302)
Sec. 18c-2302.
Governing Procedures.
Administrative enforcement proceedings initiated hereunder shall
be governed by the Commission's rules of practice. Judicial
enforcement proceedings initiated hereunder shall be governed by
the rules of procedure applicable in the courts of this State.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 2 Art IV heading) ARTICLE IV.
VENUE AND JURISDICTION
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(625 ILCS 5/18c-2401) (from Ch. 95 1/2, par. 18c-2401)
Sec. 18c-2401.
Venue and Jurisdiction in Actions for Judicial Review.
(1) Venue. Actions for judicial review under this Chapter may be filed in
the circuit courts of Sangamon or Cook Counties.
(2) Jurisdiction. Jurisdiction in actions for judicial review under this
Chapter shall be
vested in the circuit courts of Sangamon and Cook Counties.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
Sec. 18c-2402.
Venue and Jurisdiction in Actions to Enforce this Chapter.
(a) Venue in Suits for Criminal Misdemeanor Penalties. Actions in which
criminal misdemeanor penalties are sought may be brought in the county
where any part of the subject matter is located, or part of the violation(s)
occurred, or the arrest was made, and venue shall lie in that county; the
case may be transferred to another county only with the approval of the
court and the agreement of the parties.
(b) Venue in Actions Other Than Suits for Criminal Penalties. Actions
to enforce this Chapter, Commission regulations and orders, other than suits
for criminal misdemeanor penalties, may be brought in the circuit courts
of any county in which any part of the subject matter is located, or any
part of the violation(s) occurred; the case may be transferred to another
county only with the approval of the court and the agreement of the parties.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 18C Sub-ch. 3 heading) SUB-CHAPTER 3.
SUBSTANTIVE PROVISIONS
APPLICABLE TO MORE THAN ONE
TRANSPORTATION MODE
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(625 ILCS 5/Ch 18C Sub 3 Art I heading) ARTICLE I.
LICENSING
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(625 ILCS 5/18c-3101) (from Ch. 95 1/2, par. 18c-3101)
Sec. 18c-3101.
Terms, Conditions, and Limitations.
The Commission may attach to the exercise of rights under any
license or other authorization issued or granted by it such
terms, conditions, and limitations as will protect the public
interest and effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3102) (from Ch. 95 1/2, par. 18c-3102)
Sec. 18c-3102.
Geographical Restrictions.
A prima facie determination
whether transportation is within the
geographical scope of a license may be made by reference to a
copy of the official state highway map and the distance scale
shown thereon. Such a determination may be rebutted by a
showing, based on a municipal ordinance; other official document;
or commercially published map, chart or other competent evidence;
that the geographical scope of the license is other than as
represented on the official state highway map.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 3 Art II heading) ARTICLE II.
RATEMAKING
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(625 ILCS 5/18c-3201) (from Ch. 95 1/2, par. 18c-3201)
Sec. 18c-3201.
Prohibition of transportation services in the
absence of effective rates.
No common carrier by pipeline, household goods carrier, rail carrier, or
passenger carrier shall render service until such carrier has in effect
a tariff or schedule of rates applicable to such service in
compliance with this Chapter. Likewise, no such carrier shall render
service under a license issued by the Commission if the
Commission has suspended or cancelled the tariff or schedule of rates
previously in effect and applicable to such service, or if the
tariff or schedule is, by action of a party thereto or by its own
terms, no longer effective.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3202) (from Ch. 95 1/2, par. 18c-3202)
Sec. 18c-3202.
Effective Dates of New or Amended Rates.
The Commission
shall prescribe the periods of notice which
must elapse between the filing of a proposed rate and its proposed effective
date. In no case shall the Commission prescribe a notice period greater
than 30 days or the period established by a valid, preemptive federal
statute.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
Sec. 18c-3203.
Filing, publishing and posting of tariffs and schedules.
(1) General requirement of filing, publication and posting. Each
common carrier of household goods or passengers shall file,
publish, and make available for public inspection its current
tariffs (other than rail contract rate tariffs). Copies of such
tariffs shall be provided by the carrier to any member of the
public on request and at a reasonable cost. Each contract
carrier of household goods shall file its current schedule of
rates and
provisions.
(2) Tariff and schedule specifications. Tariffs and schedules filed
in accordance with this
subsection shall be in such form and contain such information as
the Commission may specify. The Commission may, by special permission for
good cause shown, grant permission to deviate from its tariff and schedule
regulations.
(3) Rejection of tariffs and schedules. The Commission may, at any time
prior to the effective date of a tariff or schedule, reject or
suspend a tariff or schedule which does not conform to its
specifications or which on its face is in violation of this Chapter,
Commission regulations or orders.
(4) Right of independent action. Each carrier subject to this
Chapter shall have the individual right to publish,
file, and post any rate for transportation provided by such carrier or in
connection with any other carrier. No carrier shall be a member of any
bureau,
tariff publishing agency, or other organization which, directly or indirectly,
prohibits such carrier from publishing and filing any rate or which requires
that such rate be published or filed by the bureau,
publishing agency,
or other organization.
(Source: P.A. 89-444, eff. 1-25-96; 90-655, eff. 7-30-98.)
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(625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
Sec. 18c-3204.
Rate Proceedings.
(1) Initiation of proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own motion or on
complaint.
(2) Suspension of tariffs and schedules.
(a) Suspension of tariffs. The Commission may suspend | ||
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(i) Seven months for public carriers and | ||
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(ii) One hundred and twenty days for motor | ||
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(iii) Five months for rail carriers, unless the | ||
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(b) Suspension of schedules. The Commission may | ||
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(c) Burden of proof in investigation proceedings. The | ||
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(3) Prescription of tariffs and schedules.
The Commission may prescribe tariffs where it has determined,
in accordance with Section 18c-2102 of this Chapter, that a
tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Chapter, Commission
regulations or orders. The Commission may prescribe
schedules where it has determined, after hearing, that a
schedule filed by a carrier is in violation of this Chapter,
Commission regulations or orders.
(4) Relief.
The Commission may, where it finds a tariff or schedule to be
in violation of this Chapter, its regulations or orders, or
finds rates or provisions in a tariff unjust, unreasonable,
or discriminatory, and in accordance with Section 18c-2102 of
this Chapter, direct the carrier to:
(a) Publish and file a supplement cancelling the | ||
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(b) Publish and file a new tariff or file a new | ||
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(c) Repay any overcharges or collect any | ||
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(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/18c-3205) (from Ch. 95 1/2, par. 18c-3205)
Sec. 18c-3205.
Ratemaking Standards.
(1) Reasonableness.
Rates for household goods common carrier service must be just, reasonable,
and not discriminatory.
(2) Factors to be Considered.
The Commission shall, in exercising its ratemaking powers
consider, among other factors, the inherent advantages of
transportation by a particular class of carriers, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with provision of such
service, and the revenue needs of carriers under honest,
economical and efficient management.
(3) Factors Not Considered.
The Commission shall not, in exercising its ratemaking
powers, consider the value of any operating authority held by
a carrier, or the value of any goodwill or earning power
connected with operations of the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3206) (from Ch. 95 1/2, par. 18c-3206)
Sec. 18c-3206.
Charges to conform to tariffs or schedules and
orders of the Commission.
(1) Overcharges and undercharges prohibited.
No common or contract household goods or passenger carrier shall offer,
advertise, charge,
demand, collect, or receive, in any manner, a greater,
lesser, or different compensation for transportation or for
any service in connection therewith than the rates and
charges specified in tariffs or schedules on file with the
Commission and in effect at the time the transportation or
any other service is rendered; nor shall any such carrier
offer, advertise, charge, demand, collect, or receive any
compensation for transportation or for any other service
rendered in connection therewith where there is not in effect
at the time a lawfully applicable tariff or schedule.
Likewise, no such carrier shall refund or remit, in any
manner or by any device, whether directly or indirectly, or
through any agent or otherwise, or pursuant to
Commission order, any portion of the rates or charges
specified in tariffs or schedules on file with the Commission
and in effect at the time; nor shall any such carrier extend
to any person any discount, value, privilege, or facilities
for transportation or any service rendered in connection
therewith, except as are specified in tariffs or schedules on
file with the Commission and in effect at the time.
(2) Repayment of overcharges, collection of undercharges and
reparations.
(a) Repayment of overcharges and payment of | ||
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(b) Collection of undercharges. The Commission may, | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3207) (from Ch. 95 1/2, par. 18c-3207)
Sec. 18c-3207.
Zones of Rate Flexibility.
(1) Zone for Motor Carriers of Passengers.
Notwithstanding any other provisions of this Sub-chapter, the
Commission may not investigate, suspend, revise, or revoke
any single-line rate proposed by a motor carrier of
passengers, or joint rate proposed by one or more such
companies, applicable to any transportation on the grounds
that such rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter, Commission regulations and orders;
(b) The Commission was properly notified that the carrier or carriers
wish to have the rate considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than 25%.
(2) Zone for Rail Carriers.
Notwithstanding any other provision of this Sub-chapter the
Commission may not investigate, suspend, revise, or revoke
any rate proposed by a rail carrier on the grounds that such
rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter and Commission regulations;
(b) Commission was properly notified that the carrier wished
to have the rate to be considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than the amount specified under 49 U.S. Code
10707a and 10708.
(3) Commission to Adopt Regulations.
The Commission may adopt regulations specifying procedures
for determining whether a rate published by a carrier falls
within the zone of rate flexibility.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3208) (from Ch. 95 1/2, par. 18c-3208)
Sec. 18c-3208.
Joint rates and routes.
(1) Establishment by carriers.
Two or more common carriers of household goods or passengers
may
establish through routes and joint rates, provided that the
rates, and divisions and practices relating thereto, are
just, reasonable, and not discriminatory.
(2) Establishment by the Commission.
The Commission may, on its own motion or on petition or
complaint, where 2 or more carriers have failed to
establish through routes, joint rates, or divisions and
practices relating thereto, establish such routes, rates,
divisions and practices. The Commission shall take such
action only after notice and hearing to consider whether any
proposed routes, rates, divisions and practices are just,
reasonable and not discriminatory, whether any carrier has a
reasonable objection to establishment of such routes, rates,
divisions and practices, and whether such objections can be
satisfied by imposing reasonable terms and conditions on the
application of such routes, rates, divisions and practices.
The provisions of this subsection shall have no application
to household goods carriers.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3209) (from Ch. 95 1/2, par. 18c-3209)
Sec. 18c-3209.
Charges Not Part of Direct Transportation Cost.
Any agreement, arrangement, or device, or part thereof, which, as
a condition to the provision of transportation service, requires
or permits any carrier, shipper, or receiver to pay a charge to
any person, where such charge is not part of the direct cost of
transportation service, shall be void.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-3210) (from Ch. 95 1/2, par. 18c-3210)
Sec. 18c-3210.
Presentation of freight bills, payment of freight
charges, and extension of credit.
Except as otherwise provided in this Chapter, this Section is applicable only
to household goods carriers.
(1) Presentation of freight bills.
Freight bills shall be presented to the person responsible
for payment of freight charges not later than the
7th day following delivery of the freight.
(2) Payment required before delivery or relinquishment of
possession.
Except as provided in subsection (3) of this Section, no
common carrier shall deliver or relinquish possession of a
shipment transported by it until all freight charges for such
shipment under lawfully applicable rates have been paid to
the carrier. Where credit has been extended in accordance
with this Section, and all freight charges on the shipment
under lawfully applicable rates have not been paid before
expiration of the period for which credit has been extended,
the carrier shall cease delivering or relinquishing
possession of the shipment and may decline to transport future
shipments until all such charges have been paid.
(3) Exception: Delivery or relinquishment of possession before
payment.
A carrier may deliver or relinquish possession of a shipment
transported by it in advance of payment of all freight
charges on the shipment under lawfully applicable rates if the
carrier has, in accordance with this Section, extended credit
to the person responsible for payment of freight charges.
(4) Extension of credit.
Credit, if extended by a carrier, must be extended without
discrimination. Credit for payment of freight charges shown
on the initial freight bill shall be for a period not to
exceed 30 days, beginning on the later of the date
of delivery or the date on which the freight bill is
presented. If freight charges shown on the initial freight bill
are paid and the carrier subsequently presents a supplemental
freight bill, the carrier may extend credit in the amount of
freight charges shown on the supplemental freight bill for an
additional period not to exceed 15 days, beginning
on the date on which the supplemental freight bill is
presented.
(5) Commission regulation of credit terms.
The Commission may regulate the extension and terms of credit
extended by carriers under this Section, and no credit shall
be extended except in accordance with such regulations.
(6) Use of U.S. Postal Service for presentation of bills or
payment of charges.
Where the United States Postal Service is used for the
presentation of freight bills or payment of freight charges,
the date of mailing, as indicated by the postmark, shall be
the date of presentation or payment.
(7) Calculation of times for extension of credit.
Time periods of extension of credit under this Section shall
commence at midnight on the date of the event (delivery or
presentation of freight bill). The initial 7 day period shall not include
Saturdays,
Sundays, or legal holidays.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3211) (from Ch. 95 1/2, par. 18c-3211)
Sec. 18c-3211.
Free or Reduced Rate Carriage.
Nothing in this Chapter shall prevent a carrier from establishing
reduced rate or free carriage rates applicable to transportation
provided for the United States, the State of Illinois, or any
municipality or subdivision of this State, where it is required
by law that the carrier providing such transportation be selected
by competitive bid. Such rates shall be filed in the form and
manner required by the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3212) (from Ch. 95 1/2, par. 18c-3212)
Sec. 18c-3212.
Statute of Limitations for Freight Charges.
(1) Collection Actions.
Actions to collect freight charges under lawfully applicable
rates must be instituted within 3 years after
rendition of the service.
(2) Reparations or Overcharge Proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years
after rendition of the service, and any action seeking
judicial enforcement of a Commission order awarding
reparations must be instituted within 1 year after
issuance of such order. Where an action seeking judicial
review of a Commission order awarding reparations is filed,
the time preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3213) (from Ch. 95 1/2, par. 18c-3213)
Sec. 18c-3213.
Application of Rate Regulations to Exempt
Traffic.
Notwithstanding any other provision of this Chapter to the contrary,
the provisions of this Article shall not apply to traffic which
is altogether exempt from Commission jurisdiction under this Chapter
or a valid, preemptive federal statute.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 3 Art III heading) ARTICLE
III. OTHER PROVISIONS COMMON
TO ALL TRANSPORTATION MODES
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(625 ILCS 5/18c-3301) (from Ch. 95 1/2, par. 18c-3301)
Sec. 18c-3301.
Certain Third Party Payments Prohibited.
Whenever a shipper or receiver of property requires that any
person who owns or operates a motor vehicle transporting property
in intrastate commerce under the provisions of this Chapter be
assisted in the loading or unloading of such vehicle, the shipper
or receiver shall be responsible for providing such assistance or
shall compensate the owner or operator for all costs associated
with securing and compensating the person or persons providing
such assistance. It shall be unlawful to coerce or attempt to
coerce any person providing transportation of property by motor
vehicle for-hire in intrastate commerce to employ or pay one or
more persons to load or unload any part of such property onto or
from such vehicle, except that this subsection shall not be
construed as making unlawful any activity which is not unlawful
under the National Labor Relations Act or any other acts
governing labor practices.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3302) (from Ch. 95 1/2, par. 18c-3302)
Sec. 18c-3302.
Prohibition against discrimination.
It shall be unlawful for any household goods carrier, rail carrier, common
carrier by pipeline, or passenger carrier to discriminate by giving or
causing to be given any unreasonable preference or advantage to
any person or traffic, or to subject any such person or traffic
to unreasonable prejudice or disadvantage.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3303) (from Ch. 95 1/2, par. 18c-3303)
Sec. 18c-3303.
Failure to Reject or Suspend, or to Invoke
Sanctions, Not to be Construed as Acceptance.
Failure of the Commission to reject or suspend any rate,
contract, application, or other document filed with it, or to
initiate enforcement proceedings or invoke sanctions against any
person for action or violation of this Chapter, Commission
regulations or orders, shall not be construed in any proceeding of
either any administrative or judicial nature as authorization or
acceptance of such document or action, or any portion thereof.
Nothing in this Section shall be construed to affect the date on
which a rate or tariff is lawfully in effect.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3304) (from Ch. 95 1/2, par. 18c-3304)
Sec. 18c-3304.
Records and accounts.
Each household goods carrier, rail carrier, common carrier by pipeline, and
passenger carrier shall:
(1) Keep written accounts and records of its revenues, expenses,
contracts, and other activities subject to regulation under
this Chapter in accordance with regulations prescribed by the
Commission;
(2) Maintain, for a period of 3 years, copies of all
accounts and records required by Commission regulations; and
(3) Make such accounts and records available for inspection, on
request, by any authorized employee of the Commission.
Accounts and records kept pursuant to this Section shall be kept
at an office in the State of Illinois unless the Commission shall
have authorized maintenance at a location outside of the State.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch. 18C Sub-ch. 4 heading) SUB-CHAPTER 4.
MOTOR CARRIERS OF PROPERTY
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(625 ILCS 5/Ch 18C Sub 4 Art I heading) ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PROPERTY
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(625 ILCS 5/18c-4101) (from Ch. 95 1/2, par. 18c-4101)
Sec. 18c-4101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-4102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
property operating within the State of Illinois.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4102) (from Ch. 95 1/2, par. 18c-4102)
Sec. 18c-4102.
Exemptions from Commission Jurisdiction.
The provisions
of this chapter shall not apply to transportation, by motor vehicle:
(a) of mail exclusively for the United States Postal Service;
(b) of agricultural commodities, farm supplies, and other commodities
for sale by farm supply retail outlets, by an agricultural cooperative
association as defined in the Illinois "Agricultural Co-Operative Act" as
amended;
(c) of farm or dairy products, livestock, poultry, fruits and agricultural
products, by the producer thereof or by a producer on behalf of other producers
from farm to a farm, market, warehouse, dairy or shipping terminal, for which
no monetary compensation is paid or received;
(d) of livestock from farm to a farm market, farm to farm, or farm
market to a farm as long as the vehicle is not registered for a gross
vehicle weight that exceeds 28,000 pounds or a truck and trailer with a
registered combined gross vehicle weight that does not exceed 28,000 pounds;
(e) by farm tractors and any other motorized, self-propelled machinery
used in the production of agricultural commodities on a farm, where the
transportation is provided by the owner of the machinery or another farmer as
an incident to the business of farming;
(f) consisting of towing performed by any towing service pursuant to
the written order of a law enforcement official or agency in accordance
with Sections 4-201 through 4-214 of the Illinois Vehicle Code;
(g) of trespassing motor vehicles by a licensed commercial vehicle
relocator;
(h) of newspapers being delivered to residential subscribers or to
persons who will deliver the newspapers to residential subscribers;
(i) of waste having no commercial value to a disposal site for disposal;
(j) where the transportation is incidental to and within the scope of the
person's primary business purpose, and the primary business is other than
transportation;
(k) consisting of emergency transportation of a wrecked or disabled
vehicle. Further movements to an additional place of repair or storage are
not exempt under this subsection. Emergency transportation of wrecked or
disabled vehicles shall include the transportation, pursuant to written
authorization of law enforcement official if the owner is unavailable or
unable to make the request, of wrecked or disabled vehicles which might
otherwise constitute a public safety hazard along a street or highway, and
transportation of wrecked or disabled vehicles in other bona fide emergency
situations;
(l) consisting of transportation by a tow truck or rollback car
carrier equipped as a tow truck of a motor vehicle when requested by the owner;
(m) of waste from the facilities of the generator of the waste to a
recognized recycling or waste processing facility when the generator
receives no direct or indirect compensation from anyone for the waste and
when the transportation is by garbage trucks with self contained compacting
devices, roll off trucks with containers, or vehicles or containers
specially designed and used to receive separated recyclables, and when the
transportation is an interim step toward recycling, reclamation,
reuse, or disposal; and
(n) of potable water for human and livestock consumption transported
in containers of 1,600 gallons or less. This subsection
does not apply to vehicles transporting more than one container.
(Source: P.A. 86-564; 87-465; 87-531; 87-727; 87-768; 87-895; 87-1203;
87-1249.)
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(625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
Sec. 18c-4103.
Leasing.
(1) Prohibition Against Single-Source Leasing.
No private carrier shall lease any motor vehicle with driver,
nor shall any person lease a motor vehicle with driver to any
private carrier. Likewise, no person shall lease any motor
vehicle to any private carrier and either:
(a) Procure or exercise control over drivers of such | ||
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(b) Be responsible for or hold itself out to be | ||
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The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
this Chapter.
(2) Exclusive Use of Household Goods Contract Carrier Vehicles.
The prohibition against single source leasing in subsection
(1) of this Section shall not prohibit a household goods contract carrier
from providing motor vehicles, with drivers, for exclusive
use by a private carrier where:
(a) The private carrier is a contracting shipper;
(b) Operations conducted with such motor vehicles are | ||
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(c) The household goods contract carrier exercises | ||
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(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
and orders.
This subsection shall apply regardless of whether the household goods
contract
carrier's permit expressly provides for the lease of vehicles,
with drivers, to contracting shippers.
(3) Equipment Leasing.
(a) Requirements for Content, Filing, and Carrying of | ||
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(b) Direction and Control of Leased Equipment. It | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4104) (from Ch. 95 1/2, par. 18c-4104)
Sec. 18c-4104.
Unlawful Operations.
(1) Prohibition. Except as
provided in Article I of this Sub-chapter, and
subject to the provisions stated herein, it shall be unlawful
for any person to:
(a) Operate as an intrastate motor carrier of | ||
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(b) Operate as an intrastate household goods carrier | ||
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1. hauling unauthorized commodities;
2. operating outside authorized territory; or
3. violating other restrictions.
(c) Operate, as an intrastate motor carrier of | ||
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(d) Operate, as an intrastate household goods | ||
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(e) Operate, as an intrastate household goods | ||
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(f) Operate, as an intrastate motor carrier of | ||
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(g) Operate, as an intrastate motor carrier of | ||
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(h) Operate, as an intrastate or interstate motor | ||
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(i) Operate, as an intrastate motor carrier of | ||
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(j) Provide, as an intrastate household goods | ||
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(k) Otherwise operate as a motor carrier of property | ||
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(l) Aid or abet any other person in a violation of | ||
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(2) Provisos.
(a) Presentation of Documents at Hearing as Defense. | ||
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(b) Lease Form Prescribed by the Commission. A lease | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4105) Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void. (a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable. (b) As used in this Section: (1) "Motor carrier transportation contract" means a | ||
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(A) The transportation of property for | ||
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(B) Entrance on property by the motor carrier for | ||
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(C) A service incidental to activity described in | ||
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(2) "Promisee" means the promisee and any agents, | ||
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(c) This Section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(Source: P.A. 96-697, eff. 8-25-09.) |
(625 ILCS 5/Ch 18C Sub 4 Art II heading) ARTICLE II.
LICENSING
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(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
Sec. 18c-4201. Licensing cases.
(1) Scope of Section.
The provisions of this Chapter relating to household goods carrier
licensing apply to applications:
(a) For a license authorizing a carrier to operate as | ||
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(b) To transfer a certificate, permit, or license or | ||
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(c) To convert household goods contract carrier | ||
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(2) Form and content of household goods carrier licensing applications.
Household goods carrier licensing
applications
shall be on such forms and contain such
information as may be prescribed by
the Commission, be verified under oath, and shall be
accompanied by the required filing fee.
(3) Public notice of applications.
(a) Review of applications prior to publication. The | ||
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(b) Authorization to submit application for | ||
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(c) Additional notice prescribed by the Commission. | ||
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(4) Hearing on licensing applications.
(a) Participation at hearing. Any person having | ||
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(b) Setting, notice, and hearing. Notwithstanding any | ||
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(c) Issuance of orders after hearing. The Commission | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4202) (from Ch. 95 1/2, par. 18c-4202)
Sec. 18c-4202.
Household goods common carrier certificates.
(1) Prerequisite to operation as a household goods common
carrier.
No person shall operate as a household goods common carrier
unless such person possesses a common carrier of household goods
certificate issued by the Commission and in good standing.
(2) Requirements for issuance.
The Commission shall grant an application for a common
carrier of household goods certificate, in whole or in part, to the extent
that
it finds that the application was properly filed; a public
need for the service exists; the applicant is fit, willing
and able to provide the service in compliance with this Chapter,
Commission regulations or orders; and the public
convenience and necessity requires issuance of the
certificate. Otherwise, the application shall be denied. The burden of
proving that the requirements for issuance of a common carrier of
household goods
certificate have been met shall be borne by the applicant.
(3) Duties and practices of household goods common carriers.
Household goods common carriers shall provide safe and adequate
transportation service to the general public within the scope
of their authorities and in compliance with this Chapter,
Commission regulations and orders. Such service shall be at
reasonable rates and without discrimination.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
Sec. 18c-4203. Household goods contract carrier permits.
(1) Prerequisite to operation as a household goods contract
carrier.
No person shall operate as a household goods contract carrier of
property unless such person possesses a household goods contract
carrier permit issued by the Commission and in good standing.
(2) Requirements for issuance.
(a) General requirements. The Commission shall grant | ||
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(b) Conversion to household goods common carrier | ||
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(c) Cancellation and non-renewal of contracts. | ||
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(3) Duties and practices of household goods contract carriers.
(a) Services. Household goods contract carriers shall | ||
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(b) Contracts. Each household goods contract carrier | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
Sec. 18c-4204. Standards to be considered in issuing common
and contract household goods carrier licenses.
The Commission shall exercise its discretion in regard to issuance of common
carrier of household goods or contract carrier
of household goods licenses in accordance with
standards enumerated in this Section.
(1) Standards
relevant to both
common and contract household goods
carrier licenses. In determining whether to issue a common carrier
of household goods
certificate or a contract carrier of household goods permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall consider, in addition to other standards
enumerated in this Chapter:
(a) (Blank);
(b) The existing authorized carriers' services, | ||
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(c) (Blank);
(d) Any evidence bearing on the fitness, willingness, | ||
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(e) The effect which issuing the certificate or | ||
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(2) Additional standards relevant to household goods contract
carrier
licenses.
In determining whether to issue a household goods contract
carrier
permit under Section 18c-4203 of this Chapter, the
Commission shall consider, in addition to standards enumerated in
subsection (1) of this Section or elsewhere in this
Sub-chapter:
(a) Whether the proposed service is contract carrier | ||
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(b) The effect which failure to issue the permit | ||
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(3) Standards not relevant to either household goods common or
household goods contract
carrier licenses.
In determining whether to issue a household goods common carrier
certificate or a household goods contract carrier permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not consider:
(a) The mere preference of the supporting shipper or | ||
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(b) Any illegal operations of the applicant as | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)
Sec. 18c-4204a.
Fitness standards.
(1) Establishment of administrative
standards. The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
license.
(2) Statutory standards. A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
the person:
(a) Is aware of its obligations under this Chapter, | ||
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(b) Has substantially complied with applicable | ||
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(c) Possesses the equipment, facilities, financial | ||
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(3) Burden of proof in application proceedings.
(a) Temporary authority. Each applicant for | ||
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(b) Permanent authority. Each applicant for | ||
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(c) Findings. The order granting permanent household | ||
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(4) Revocation proceedings. If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license. When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked. A license revoked under this Section shall not be
reinstated.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)
Sec. 18c-4206.
Dual operations.
(1) Dual common/contract operations.
No person shall hold both a household goods common carrier
certificate
and a household goods contract carrier permit unless the
Commission
determines, or has determined, that both licenses may be held
consistent with the public interest and authorizes such dual
licensing. Issuance of household goods contract carrier
authority
after the effective date of this amendatory Act of 1995 to a
person that
already holds household goods common carrier authority, or vice
versa,
shall be rebuttably presumed inconsistent with the public
interest if the two authorities would be duplicative, in
whole or in part.
(2) Merger of duplicative operating rights.
The Commission may, except as otherwise provided in this
subsection, order that duplicative operating rights, whether
household goods common carrier or household goods
contract carrier or both, be
merged into a single license and may impose such requirements
upon operations under such license as will promote the public
interest and effectuate the purposes of this Chapter. The power
of the Commission to order merger shall not extend to
duplicative operating rights in existence on the effective
date of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)
Sec. 18c-4207.
Cessation of service under a license.
No household goods carrier shall abandon, discontinue, or suspend any
service
that it is authorized to provide pursuant to a license issued by
the Commission without authorization by the Commission. If the
Commission finds good cause for the abandonment, discontinuance,
or suspension, it may approve same. If the Commission finds that
a household goods carrier has abandoned, discontinued, or suspended service
without authorization, it may revoke the carrier's license.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch 18C Sub 4 Art III heading) ARTICLE III.
TRANSFER OF LICENSES
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(625 ILCS 5/18c-4301) (from Ch. 95 1/2, par. 18c-4301)
Sec. 18c-4301.
Power of Commission to Approve Transfers.
A license issued under this Sub-chapter may be transferred, with
Commission approval, under the conditions specified in this
Article and in accordance with such rules and regulations as the
Commission may prescribe.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4302) (from Ch. 95 1/2, par. 18c-4302)
Sec. 18c-4302.
Types of Transfers Which May be Approved.
It is lawful, with prior authorization from the Commission, for:
(1) Two or more motor carriers of property to consolidate or
merge their properties into one business entity for the
ownership, management, or operation of the properties
theretofore in separate ownership;
(2) A motor carrier of property, or two or more such carriers
jointly, to purchase, lease or contract to operate the
properties of another such carrier;
(3) A motor carrier of property, or two or more such carriers
jointly, to acquire control of another such carrier through
ownership of its stock or otherwise;
(4) A person not a motor carrier of property, to acquire control
of one or more such motor carriers through ownership of its
or their stock or otherwise;
(5) A person not a motor carrier of property and which has
control of one or more such carriers to acquire control of
another carrier through ownership of its stock or otherwise;
or
(6) A person to acquire possession, ownership, or control, by
means of the sale or other conveyance of a license issued by
the Commission to another person.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4303) (from Ch. 95 1/2, par. 18c-4303)
Sec. 18c-4303.
Applications for Approval.
Applications for approval of
the transfer of a license shall be on forms
prescribed by the Commission and shall, where possible, be accompanied by a
copy of the written contract executed by parties to the proposed transfer.
The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the
Commission;
(2) Is a complete and exclusive statement of the rights of the
parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the
Commission.
The application shall also be accompanied by an abstract of
shipments performed by the transferor within the last year prior to
the date of the contract showing the date of each shipment, the
identification number of the shipment, the origin and destination
of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have
been filed. Where the contract cannot be signed because of some operation
of law, the Commission may waive the signature of the transferor, but not
the filing of the written contract.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4304) (from Ch. 95 1/2, par. 18c-4304)
Sec. 18c-4304.
Standard for Review of Applications.
The Commission may
approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not
been abandoned, discontinued, or suspended, in whole or in
part;
(2) The proposed transferee is fit, willing, and able to provide
service for which the license was issued, and to do so in
compliance with provisions of this Chapter, Commission
regulations and orders; and
(3) The transfer would be consistent with the public interest and
the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or
in part, and may subject the transfer to such terms and
conditions as will protect the public interest and effectuate the
purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4305) (from Ch. 95 1/2, par. 18c-4305)
Sec. 18c-4305.
Abandonment, Discontinuance, or Suspension of
Service Under a License to be Transferred.
In determining whether the proposed transferor has abandoned,
discontinued or suspended service without authorization, the
Commission shall only consider the operations of the transferring
party performed within the last 2 years prior to the date
on which the contract between transferor and transferee was
executed, or the date the application was filed.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4306) (from Ch. 95 1/2, par. 18c-4306)
Sec. 18c-4306.
Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without
notice and hearing, and without the necessity of making the findings
specified above, when such transfer or control is to:
(a) a member or members of the transferor's immediate | ||
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(b) a corporation, the stock of which is wholly owned | ||
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(c) a member or members of a partnership of which the | ||
| ||
(d) a stockholder or stockholders of the transferor | ||
| ||
(e) the heirs of a person who dies intestate or the | ||
| ||
(f) the heirs or legatees of the transferor pursuant | ||
| ||
(g) a corporation, more than 50% of the stock of | ||
| ||
(h) a corporation, all of the stock of which is | ||
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(2) When a transfer of a license may be accomplished on an expedited basis
without notice and hearing through 2 or more transactions of the type described
in subsection (a), and they do, in fact, represent a single, contemporaneous
transaction, then the Commission shall allow the transfer to be made as a
single transaction in a single application. However, it shall be the
applicants' burden to demonstrate that they are entitled to this treatment of
their application by setting forth each of the individual qualifying
transactions under subsection (1) with the same detail and specificity as if
each individual application were filed.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-4307) (from Ch. 95 1/2, par. 18c-4307)
Sec. 18c-4307.
Unapproved Transfers.
(1) Unapproved Transfers Prohibited.
Except as provided in this Article, no person may enter into
a transaction to accomplish or effectuate, or participate in
accomplishing or effectuating, the ownership, control or
management of any one or more motor carriers, however such
result is attained, whether directly or indirectly by use of
common directors, officers, or stockholders, a holding or
investment company, a voting trust, or in any other manner,
and regardless of whether or not the carrier received
compensation or value from the transaction. Nor shall any
person continue to maintain control or management
accomplished or effectuated in violation of this Article.
The words "control or management," when used in this Article,
shall be construed to include the power to exercise control
or management.
(2) Direct Supervision and Control by License Holder Required. The holder
of a motor carrier license shall exercise direct supervision and control
over all operations conducted with vehicles registered under its license
or utilized in conducting operations under its license. The holder may be
called upon to demonstrate that it is exercising direct supervision and
control. Failure to exercise active supervision and control shall constitute
the unauthorized transfer of operating rights in violation of this Chapter.
Where an unauthorized transfer occurs, both the transferor and transferee
shall have committed violations of this Chapter. Nothing contained herein
shall prevent the holder from exercising such supervision and control through
a manager or other bona fide employee of the holder.
Elements to be considered in evaluating whether supervision and control
is being exercised include solicitation; public identification; billing;
collecting; dispatching drivers and equipment; hiring; evaluation and
firing of drivers and other personnel; liability for cargo loss or damage;
and responsibility for payment of carrier expenses.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
Sec. 18c-4308.
Enforcement of Transfer Requirements.
The Commission may, on its own motion or on complaint,
investigate and determine whether violations of this Article have
occurred. When the Commission determines that a carrier or other
person is violating the provisions of this Article it shall by
order require the carrier or other person to take whatever action
is necessary to prevent continuance of the violation, and may, in
addition, impose sanctions as provided in this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4309) (from Ch. 95 1/2, par. 18c-4309)
Sec. 18c-4309.
Temporary Suspension and Transfer.
Periods during which
a license is temporarily
suspended by order of the Commission shall not be considered as part of the 1-year
period for which an abstract of shipments must be provided for application to transfer
a license pursuant to Section 18c-4303 of this Chapter, or for the 2-year
period used to determine whether a proposed transferor has abandoned,
discontinued or suspended service without Commission authorization pursuant
to Section 18c-4305 of this Chapter. This Section shall apply to all
temporary suspension applications filed, and all temporary suspensions
granted, on or after January 1, 1986.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art IV heading) ARTICLE IV.
RATE FILINGS AND REGISTRATION OF
INTRASTATE PUBLIC CARRIERS AND EQUIPMENT AND
REGISTRATION OF INTERSTATE CARRIERS AND EQUIPMENT
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(625 ILCS 5/18c-4401) (from Ch. 95 1/2, par. 18c-4401)
Sec. 18c-4401. Registration required.
(1) General provisions. No intrastate public carrier and no interstate
carrier
shall operate over the public roads of this
State without a
registration issued pursuant to this Article and in effect at the
time operations are conducted. As used in this Article, "interstate carrier" includes any private carrier that is required to register under federal law.
(2) Interstate intercorporate hauling and single-source leasing.
Persons or entities engaged in
interstate compensated intercorporate hauling, and interstate
private carriers which lease equipment, with drivers, are
interstate carriers for purposes of this Article notwithstanding any
other provision of this Chapter.
However, the Commission may:
(a) Exempt such carriers from the requirements of | ||
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(b) Subject any such exemption to such reasonable | ||
| ||
(c) Revoke any exemption granted hereunder if it | ||
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(Source: P.A. 94-760, eff. 1-1-07.)
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(625 ILCS 5/18c-4402) (from Ch. 95 1/2, par. 18c-4402)
Sec. 18c-4402.
Registration Standards.
The Commission shall not issue a registration until after the
carrier has:
(1) Properly filed an application for registration; and
(2) Complied with Commission regulations and orders regarding:
(a) Application, franchise, franchise renewal, and other
fees and levies; and
(b) Proof of insurance.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4403) (from Ch. 95 1/2, par. 18c-4403)
Sec. 18c-4403.
Issuance of registrations.
The Commission may issue registrations to any qualified applicant
authorizing bona fide intrastate public carrier or interstate operations,
if it is found that
the applicant is fit, willing, and able to provide service in
conformity with the requirements of this Chapter, Commission
regulations and orders.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4404) (from Ch. 95 1/2, par. 18c-4404)
Sec. 18c-4404.
Revocation of Registrations.
The Commission may revoke any registration if it determines that
the carrier has failed to comply with this Chapter, Commission
regulations or orders, or with any other statute or regulation of
this State relating to the privilege of operating motor vehicles
over the public roads of the State.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4405)
Sec. 18c-4405.
Intrastate public carrier rate filings.
Public carriers
that voluntarily file rates under an agreement approved by the Commission under
Section 18c-4502 of this Chapter are subject to all provisions of Sub-chapter
3, Article II, and Section 18c-4501 of this Chapter 18c.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch 18C Sub 4 Art V heading) ARTICLE V.
RATEMAKING.
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(625 ILCS 5/18c-4501) (from Ch. 95 1/2, par. 18c-4501)
Sec. 18c-4501.
Jurisdiction and power of the Commission.
(1) Power to set rates.
The Commission shall have jurisdiction and power to set the
maximum or minimum, or maximum and minimum, lawful rates for
intrastate service by common carriers of household goods, to
set the minimum lawful rates for contract carriers of
household goods, and to prescribe the form and content of
tariffs
and schedules containing such rates.
(2) Power to Establish Ratemaking Procedures.
The Commission may establish procedures for the filing,
publication, investigation, suspension and prescription of
rates. The Commission may provide that rates for particular
services will go into effect unless suspended by the
Commission, or may require that rates for such services be
approved by the Commission before going into effect.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4502) (from Ch. 95 1/2, par. 18c-4502)
Sec. 18c-4502. Collective ratemaking. (1) Application for approval.
Any carrier party to an agreement between or among 2 or more
carriers relating to rates, fares, classifications,
divisions, allowances, or charges (including charges between
carriers and compensation paid or received for the use of
facilities and equipment), or rules and regulations
pertaining thereto, or procedures for the joint consideration,
initiation, or establishment thereof, whether such conference,
bureau, committee, or other organization be a "for-profit" or
"not-for-profit" corporate entity or whether or not such
conference, bureau, committee or other organization is or
will be controlled by other businesses may, under such rules
and regulations as the Commission may prescribe, apply to the
Commission for approval of the agreement, and the Commission
shall by order approve any such agreement, if approval
thereof is not prohibited by subsection (3), (4), or (5) of
this Section, if it finds that, by reason of furtherance of
the State transportation policy declared in Section 18c-1103
of this Chapter, the relief provided in subsection (8) should
apply with respect to the making and carrying out of such
agreement; otherwise the application shall be denied. The
approval of the Commission shall be granted only upon such
terms and conditions as the Commission may prescribe as
necessary to enable it to grant its approval in accordance
with the standard above set forth in this paragraph.
(2) Accounts, reporting, and internal procedures.
Each conference, bureau, committee, or other organization
established or continued pursuant to any agreement approved
by the Commission under the provisions of this Section shall
maintain such accounts, records, files and memoranda and
shall submit to the Commission such reports, as may be
prescribed by the Commission, and all such accounts, records,
files, and memoranda shall be subject to inspection by the
Commission or its duly authorized representatives. Any
conference, bureau committee, or other organization described
in subsection (1) of this Section shall cause to be published
notice of the final disposition of any action taken by such
entity together with a concise statement of the reasons
therefor. The Commission shall withhold approval of any
agreement under this Section unless the agreement specifies a
reasonable period of time within which proposals by parties
to the agreement will be finally acted upon by the
conference, bureau, committee, or other organization.
(3) Matters which may be the subject of agreements approved by
the Commission.
The Commission shall not approve under this Section any
agreement between or among carriers of different classes
unless it finds that such agreement is of the character
described in subsection (1) of this Section and is limited to
matters relating to transportation under joint rates or over
through routes. For purposes of this paragraph carriers by
railroad and express companies are carriers of one class;
carriers by motor vehicle are carriers of one class and
carriers by water are carriers of one class.
(4) Non-applicability of Section to transfers.
The Commission shall not approve under this Section any
agreement which it finds is an agreement with respect to a
pooling, division, or other matter or transaction, to which
Section 18c-4302 of this Chapter is applicable.
(5) Independent action.
The Commission shall not approve under this Section any
agreement which establishes a procedure for the determination
of any matter through joint consideration unless it finds
that under the agreement there is accorded to each party the
free and unrestrained right to take independent action either
before or after any determination arrived at through such
procedures. The Commission shall not find that each party
has a free and unrestrained right to take independent action
if the conference, bureau, committee, or other organization
is granted by the agreement any right to engage in
proceedings before the Commission or before any court regarding
any action taken by a party to an agreement authorized by
this Section, or by any other party providing or seeking
authority to provide transportation services.
(6) Investigation of activities.
The Commission is authorized, upon complaint or upon its own
initiative without complaint, to investigate and determine
whether any agreement previously approved by it under this
Section or terms and conditions upon which such approval was
granted, is not or are not in conformity with the standard,
set forth in subsection (1), or whether any such terms and
conditions are not necessary for purposes of conformity with
such standard, and, after such investigation, the Commission
shall by order terminate or modify its approval of such
agreement if it finds such action necessary to insure
conformity with such standard, and shall modify the terms and
conditions upon which such approval was granted to the extent
it finds necessary to insure conformity with such standard or to the
extent to which it finds such terms and conditions not necessary
to insure such conformity. The effective
date of any order terminating or modifying approval, or
modifying terms and conditions, shall be postponed for such
period as the Commission determines to be reasonably
necessary to avoid undue hardship.
(7) Hearings and orders.
No order shall be entered under this Section except after
interested parties have been afforded reasonable opportunity
for hearing.
(8) Exemption from State antitrust laws.
Parties to any agreement approved by the Commission under
this Section and other persons are, if the approval of such
agreement is not prohibited by subsection (3), (4), or (5),
hereby relieved from the operation of the antitrust laws with
respect to the making of such agreement, and with respect to
the carrying out of such agreement in conformity with its
provisions and in conformity with the terms and conditions
prescribed by the Commission.
(9) Other laws not affected.
Any action of the Commission under this Section in approving
an agreement, or in denying an application for such approval,
or in terminating or modifying its approval of an agreement,
or in prescribing the terms and conditions upon which its
approval is to be granted, or in modifying such terms and
conditions, shall be construed as having effect solely with
reference to the applicability of the relief provisions of
paragraph subsection (8) of this Section.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/18c-4503) (from Ch. 95 1/2, par. 18c-4503)
Sec. 18c-4503.
Terminal Area Operations.
(1) Exemption From Rate Regulation. Except as provided in subsection
(2) of this Section, nothing contained in this Chapter shall be construed
to require any carrier engaged in the transportation of property by motor
vehicle between points wholly within a terminal area to comply with the
provisions of this Chapter with respect to the filing, publishing,
observance or enforcement of tariffs or schedules of rates with respect to
transportation wholly within any such area.
(2) Application of Section. Notwithstanding any contrary provisions
therein, the ratemaking provisions of subsection (1) of this Section shall
have no application to transportation of household goods, as defined in
Commission regulations, wholly within a county having a population of more
than 1,000,000.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art VI heading) ARTICLE VI.
CAB CARDS AND IDENTIFIERS
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(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)
Sec. 18c-4601. Cab Card and Identifier to be Carried and Displayed in Each
Vehicle.
(1) General Provisions.
(a) Carrying Requirement. Each motor vehicle used in | ||
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(b) Execution and Presentation Requirement. Such cab | ||
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(c) Deadlines for Execution, Carrying, and | ||
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(2) Interstate Compensated Intercorporate Hauling and
Single-Source Leasing.
The provisions of subsection (1) of this Section apply to
motor vehicles used in interstate compensated intercorporate
hauling or which are leased, with drivers, to private
carriers for use in interstate commerce, as well as to other
motor vehicles used in for-hire transportation upon the
public roads of this State. However, the Commission may:
(a) Exempt such carriers from the requirements of | ||
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(b) Subject any exemption to such reasonable terms | ||
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(c) Revoke any exemption granted hereunder if it | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-4602) (from Ch. 95 1/2, par. 18c-4602)
Sec. 18c-4602.
Commission to Prescribe Cab Cards and Identifiers.
The Commission shall prescribe the cab cards and identifiers
required under Section 18c-4601 of this Chapter.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4603) (from Ch. 95 1/2, par. 18c-4603)
Sec. 18c-4603. Issuance of Cab Cards and Identifiers. (1) Applications for Cards and Identifiers.
Applications for cab cards and identifiers shall be on forms
prescribed by the Commission and shall be accompanied by the
per vehicle franchise or franchise renewal fee prescribed by
the Commission.
(2) Expiration and Renewal of Cab Cards and Identifiers. Identifiers
issued by or under authority of the
Commission shall expire automatically on January 31 of each
year, or on such other date as the Commission may prescribe.
It shall be the responsibility of each carrier to insure that
the cab cards and identifiers in its vehicles are current.
(3) Issuance of Cards and Identifiers.
Applications and fees for cab cards and identifiers may be filed
with, and cards or identifiers may be issued by, the Commission or
its agent.
The Commission shall issue intrastate cab cards and identifiers and
interstate identifiers as proof of payment of franchise and franchise
renewal fees by licensed intrastate and registered interstate carriers.
Upon payment of the intrastate fee by a licensed intrastate motor carrier
of property, the Commission shall issue a current Illinois cab card with
identifier printed thereon. Upon payment of the interstate fee, the Commission shall issue
a current Illinois interstate identifier.
(Source: P.A. 94-760, eff. 1-1-07.)
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(625 ILCS 5/18c-4604) (from Ch. 95 1/2, par. 18c-4604)
Sec. 18c-4604.
Enforcement.
It shall be a violation of this Chapter, separate and apart from any
other violation, for a person to:
(1) Operate a vehicle without a current, executed cab card and
identifier as
required by this Article;
(2) Transfer a cab card and identifier to a
vehicle other than the
vehicle for which it was originally executed, except in
accordance with Commission regulations;
(3) Use a cab card and identifier issued to another carrier or permit the use of
a cab card by another carrier except in accordance with
Commission regulations; or
(4) Fail to present a cab card and identifier as required by this
Article.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art VII heading) ARTICLE VII.
IDENTIFICATION OF CARRIERS
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(625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
Sec. 18c-4701. Insignia on vehicles.
(1) General requirements to be prescribed by Commission. Except as
otherwise provided in this Section, no intrastate
carrier shall operate any motor vehicle upon the
public roads of this State unless there is painted or affixed to
both sides of the cab or power unit, in accordance with such specifications as
the Commission may prescribe, the trade name of the carrier as it
appears on the carrier's license or the carrier's recognized
logo, together with the license and registration number of the
carrier. Likewise, no interstate carrier shall operate any motor
vehicle upon the public roads of this State unless there is
painted or affixed to both sides of the cab or power unit, in accordance with
such specifications as the Commission may prescribe, the
registration or authority number of the carrier. However, except for a household goods carrier, an interstate carrier operating intrastate may operate a motor vehicle upon the public roads of this State without the intrastate authority number of the carrier painted or affixed to any side of the cab or power unit.
(2) Use of ICC-prescribed identification. Identifying information
prescribed by the Interstate Commerce Commission may be used in
satisfaction of requirements established under this Section, including
special orders granting a petition for waiver of Sections 1057.22(a) and
1057.22(c)(2) and (4), as they relate to equipment receipts, of the Lease
and Interchange of Vehicle Regulations (49 CFR 1057), in lieu of
numbers or symbols prescribed by the Commission.
(3) Identification of Trip Lessees. Notwithstanding any other
provision of this Section to the contrary, a motor vehicle trip leased in
accordance with this Chapter, Commission regulations and orders shall not
be required to bear the name and license number of the lessee if:
(a) the motor vehicle bears the name and license or | ||
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(b) the lessor and lessee are commonly-owned; and
(c) the vehicle carries a photocopy of a letter | ||
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(4) Rules not superseded. The authority of the Illinois Commerce
Commission to regulate the identification of motor vehicles of intrastate
and interstate carriers, engaged in the transportation of hazardous
materials, shall not supersede or replace the rules and regulations of the
Illinois Department of Transportation and Federal Motor Carrier Safety
regulations Part 390.21, as relates now or hereafter to the markings and
identification of such vehicles.
(5) Identification on vehicles under 9,000 pounds gross vehicle weight
(GVW). Vehicles with a gross vehicle weight (GVW) less than 9,000 pounds
may, in lieu of identification required under subsection (1) of this
Section display the trade name of the carrier as it appears on the
carrier's license or the carrier's recognized logo, together with the
license and registration number of the carrier in such manner as to be
clearly legible and visible from both sides of the vehicle at a distance of
25 feet, when the vehicle is not in motion, and in accordance with such
specifications as the Commission may prescribe.
(Source: P.A. 100-369, eff. 8-25-17.)
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(625 ILCS 5/18c-4702) (from Ch. 95 1/2, par. 18c-4702)
Sec. 18c-4702.
Identification of Carrier in Advertising,
Solicitation, and other Documents.
No carrier shall use in any advertising, solicitation,
correspondence, publication, or other document connected
with its transportation service
any name other than its name or trade name as it appears on the carrier's
license or registration. Each
advertisement, solicitation, correspondence, publication, or
other document shall
contain the carrier's license or registration
number unless otherwise provided in Commission regulations or orders.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sb 4 Art VIII heading) ARTICLE VIII.
BILLS OF LADING
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(625 ILCS 5/18c-4801) (from Ch. 95 1/2, par. 18c-4801)
Sec. 18c-4801.
Rights, Obligations, and Liabilities.
The provisions of Sections 7-101, 7-102, 7-103, 7-104, 7-105,
7-301, 7-302, 7-303, 7-304, 7-305, 7-306, 7-307, 7-308, 7-309,
7-401, 7-402, 7-403, 7-404, 7-501, 7-502, 7-503, 7-504, 7-505,
7-506, 7-507, 7-508, 7-509, 7-601, 7-602, 7-603 of the "Uniform
Commercial Code", as amended, are adopted by reference to the
extent that they relate to bills of lading and the intrastate
transportation of property by a motor common carrier.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4802) (from Ch. 95 1/2, par. 18c-4802)
Sec. 18c-4802.
Straight Bill of Lading.
A bill in which it is stated that the goods are consigned or
destined to a specific person is a straight bill.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4803) (from Ch. 95 1/2, par. 18c-4803)
Sec. 18c-4803.
Order Bill of Lading.
A bill of lading in which it is stated that the goods are
consigned or destined to the order of any person named in such bill
is an order bill of lading. Any provision in such a bill or in
any notice, contract, regulation, or tariff that it is
nonnegotiable shall be null and void unless upon its face and in writing
such provision is agreed to by the shipper.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4804) (from Ch. 95 1/2, par. 18c-4804)
Sec. 18c-4804.
Limitation of Liability.
The provisions of this Section respecting liability for full
actual loss, damage or injury, notwithstanding subsection 2 of
Section 7-309 of the "Uniform Commercial Code", as amended, do
not apply to property received for transportation concerning
which the carrier is expressly authorized or required by order of
the Commission to establish rates based on value declared in
writing by the shipper or agreed upon by the shipper, in writing,
as the released value of the property. Such declarations or
agreements have no other effect than to limit liability to an
amount not exceeding the value declared or released, and are not
in violation of this Chapter. A tariff containing such rates shall
contain specific reference to the Commission order authorizing
them.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4805) (from Ch. 95 1/2, par. 18c-4805)
Sec. 18c-4805.
Other Remedies Available to Holder of Bill of
Lading Not Preempted.
This Article does not deprive any holder of a receipt or bill of
lading of any remedy or right of action had under existing law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4806) (from Ch. 95 1/2, par. 18c-4806)
Sec. 18c-4806.
Delivering Carrier Defined.
For the purposes of this Section the delivering carrier is the
carrier performing transportation service to or nearest to the
point of destination.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4807) (from Ch. 95 1/2, par. 18c-4807)
Sec. 18c-4807.
Bill of Lading or Similar Documentation Required.
(1) General Requirements.
Except as provided in subsection (2) of this Section, every
motor common carrier of property shall be required to issue a
bill of lading and freight bill indicating the commodities
transported, weight thereof (where freight charges are
assessed by weight), the points of origin and destination of
such commodities, the consignor and consignee, and the charge
therefor. If the commodities are not delivered by the
originating carrier, the bill of lading or freight bill shall
indicate the point of interchange and the connecting carrier.
This Section shall not apply to motor contract carriers of
property.
(2) Exceptions.
(a) Simplified Documentation.
The Commission may prescribe simplified documentation to
be issued by classes of carriers where such requirements
would be less burdensome and would effectuate the
purposes of this Chapter. Simplified documentation shall be
prescribed for the following classes of carriers:
(i) Motor common carriers of shipments composed of
parcels weighing 100 pounds or less
and not exceeding 200 pounds from one
consignor to one consignee on one day;
(ii) Carriers of agricultural or dairy products, poultry,
eggs, or fruits;
(iii) Aggregate carriers; and
(iv) Messenger carriers; and
(v) Such other classes as the Commission may, from time
to time, determine.
(b) Supplementary Requirements.
The Commission may adopt supplementary requirements for
the issuance or carrying of documentation for household
goods carriers or other carriers where large numbers of
non-commercial shippers may be affected and such
documentation is necessary to effectuate the purposes of
this Chapter.
(c) Commodity descriptions for shipments weighing 10 pounds or less.
Where a shipment weighs ten pounds or less, except when it contains
dangerous articles or hazardous materials, the following may be used in
lieu of a commodity description: "Parcel 10 Pounds or Under".
(Source: P.A. 85-1407.)
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(625 ILCS 5/Ch 18C Sub 4 Art IX heading) ARTICLE IX.
SAFETY REGULATIONS FOR
MOTOR CARRIERS OF PROPERTY: INSURANCE
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(625 ILCS 5/18c-4901) (from Ch. 95 1/2, par. 18c-4901)
Sec. 18c-4901.
Insurance Coverage as a Prerequisite to Operations.
No motor carrier of property shall operate within this State
unless it has on file with the Commission or its agent proof of
continuous insurance or surety coverage in accordance with
Commission regulations.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4902) (from Ch. 95 1/2, par. 18c-4902)
Sec. 18c-4902.
Commission to Set Insurance Coverage Limits and Establish Procedures.
The Commission shall prescribe the amounts of insurance or surety
coverage required as a minimum, the maximum allowable deductible limits,
procedures for the filing and rejection or return of filings, and such other
reasonable regulations regarding insurance or surety coverage as are
necessary to protect the travelling and shipping or receiving public.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4903) (from Ch. 95 1/2, par. 18c-4903)
Sec. 18c-4903.
Implied Terms of Insurance Coverage.
Each certificate or other proof of insurance or surety coverage
shall have, as an implied term, that the insurance or surety
coverage will remain in effect continuously until notice of
cancellation is filed in accordance with Commission regulations, and
that all motor vehicles operated by or under authority of the
carrier will be covered, whether or not such vehicles have been
reported to the insurance, surety, or other company. Filing
proof of insurance with the Commission shall constitute
acceptance of this implied term, and such acceptance may not
thereafter be withdrawn except on withdrawal of all proof of insurance
or surety coverage.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4904) (from Ch. 95 1/2, par. 18c-4904)
Sec. 18c-4904.
Liability to Be Covered by Insurance.
Insurance or surety under this Article shall cover the carrier's
liability for injury to persons and damage to property other than
cargo. Coverage shall, in the case of motor common carriers,
also extend to cargo damage.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4905) (from Ch. 95 1/2, par. 18c-4905)
Sec. 18c-4905.
Self-insurance.
The Commission may exempt a carrier from the requirement of
Sections 18c-4901, 18c-4902, 18c-4903, and 18c-4904 of this Chapter
if it determines that the carrier has the financial ability to
pay for any and all damages the liability for which would
otherwise be assumed by an insurance or surety company under the
referenced sections. Each carrier so exempted shall file
periodic reports, at such intervals as the Commission shall specify,
showing its continuing ability to act as a self-insurer. The
Commission may rescind an exemption on 10 days' notice if
rescission appears necessary to protect the public.
Upon the granting or rescission of a self-insured status of a carrier by
the Commission, the Commission shall immediately notify, in writing, the
Illinois Department of Transportation of the name, address, and other
pertinent information required by the Department of Transportation
concerning the status of the carrier.
(Source: P.A. 84-1246.)
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(625 ILCS 5/Ch. 18C Sub-ch. 5 heading) SUB-CHAPTER 5.
SPECIAL PROVISIONS APPLICABLE
TO TRANSPORTATION OF PROPERTY
OVER PUBLIC ROADS
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(625 ILCS 5/Ch 18C Sub 5 Art I heading) ARTICLE I.
BROKERS
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(625 ILCS 5/18c-5101) (from Ch. 95 1/2, par. 18c-5101)
Sec. 18c-5101.
Unlawful Activities.
It shall be unlawful for any person:
(1) To act as a broker without a license in good standing
issued to it by the Commission;
(2) To act as a broker in violation of any provision of this Chapter,
Commission regulations and orders, or any other law
of this state;
(3) To act as a broker of any shipment which the person owns
or in which the person has a beneficial interest;
(4) To act as a broker of any shipment over which the person
is able to exercise control because the person acting as
a broker owns or controls the shipper, the shipper owns
or controls the person acting as a broker, or there is a
common ownership or control of the two;
(5) Which is also a broker to act or represent itself as a
shipper in dealing with a common or contract carrier of
property by motor vehicle;
(6) To act as a broker in connection with transportation by
a person other than an authorized common or contract
carrier of property by motor vehicle, unless the carrier
does not require authorization to transport the
shipment;
(7) To act as a broker in connection with transportation at
other than lawfully applicable rates for the motor
carrier service;
(8) To act as a broker in any name other than that which
appears on its Commission license;
(9) To act as a broker without fully disclosing its
brokering status;
(10) To provide transportation service with regard to freight
for which it was the broker;
(11) To receive any compensation for brokering services other
than a fee assessed to the shipper or, alternatively, to
the carrier, in addition to freight charges at lawfully
applicable rates for the motor carrier service;
(12) To advertise, offer, or give anything of value to a
shipper, consignor, or consignee, other than inexpensive
promotional items; or
(13) Act as a broker of household goods.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5102) (from Ch. 95 1/2, par. 18c-5102)
Sec. 18c-5102.
Licensing of Brokers.
(1) Procedures for Issuing Brokers' Licenses.
The Provisions of Article II of Sub-chapter 4 of this Chapter
which govern the form and manner of filing of applications
for authority, notice to be given to the public, and hearing,
shall likewise govern the issuance of a brokers' license.
(2) Standards for Review of Brokers' License Applications.
The Commission shall issue a license authorizing a person to
act as a statewide broker of general commodities where:
(a) The person has properly filed an application on forms
prescribed by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission;
(c) The person has filed proof of bond or insurance as
required by Commission regulations; and
(d) The Commission has determined that the person is fit,
willing, and able to;
(i) Act as a statewide broker of general commodities as
authorized by the license; and
(ii) Comply with provisions of this Chapter, Commission
regulations and orders.
Otherwise, the application shall be denied.
(3) Suspension or Revocation of Brokers' Licenses.
If at any time the Commission determines after notice and
hearing that the holder of a broker's license is not fit,
willing, or able to continue to act as a broker, the
Commission may suspend or revoke the license.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5103) (from Ch. 95 1/2, par. 18c-5103)
Sec. 18c-5103.
The Fitness Standard.
A person shall be rebuttably presumed unfit to act or to continue
to act as a broker if:
(1) The person has violated any provision of this Chapter, Commission
regulations or orders, or any other law governing its
activities as a broker;
(2) The person has violated any fiduciary or other obligation
with regard to transmittal of monies, bills, or other matters
entrusted to it as broker; or
(3) The person is applying for a broker's license and any other
person the ownership, management, or control of which is or
was in substantial identity with the applicant has committed
an act of the type described in (1) or (2), above.
The Commission may consider any relevant facts in determining
whether a person is fit to act or to continue to act as a broker,
or whether any presumption which arises under this Section has
been rebutted.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5104) (from Ch. 95 1/2, par. 18c-5104)
Sec. 18c-5104.
Transfer of Brokers' Licenses.
(1) Transfer of Brokers' Licenses Permitted.
A broker's license may be transferred, with Commission
approval, under the conditions specified in this Section and
in accordance with such regulations as the Commission may
prescribe.
(2) Procedures for Transferring Brokers' Licenses.
The provisions of Article III of the Sub-chapter 4 of this Chapter that
define a transfer and which govern the form and
manner of filing of applications for approval of the transfer
of a motor carrier of property license, notice to be given to
the public, and hearing, shall likewise govern the transfer
of a broker's license.
(3) Standards for Review of Transfer Applications.
The Commission shall grant an application for authority to
transfer a broker's license where:
(a) The application was properly filed on forms prescribed
by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission; and
(c) The transferee is fit, willing, and able under the terms
of Section 18c-5103 of this Chapter.
Otherwise, the application shall be denied.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5105) (from Ch. 95 1/2, par. 18c-5105)
Sec. 18c-5105.
Bonds and Insurance.
The Commission may prescribe for brokers such requirements
regarding bonds, insurance, and the terms of coverage thereof, as
the Commission determines are needed to protect carriers,
shippers, consignors, and consignees of freight with respect to which
brokering service is provided. Unless otherwise provided by the
Commission, such requirements shall be the same as are applicable
to property brokers under the Interstate Commerce Act and
regulations adopted thereunder.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5106) (from Ch. 95 1/2, par. 18c-5106)
Sec. 18c-5106.
Records of Brokers.
(1) Records to be Kept by Brokers.
A broker shall keep a record of each transaction which shows:
(a) The name, address, and license number of the motor
carrier or carriers;
(b) The name and address of the shipper, consignor, and
consignee;
(c) The Bill of Lading or freight bill number;
(d) The amount of compensation received by the broker for
brokering service, and the identity of the payor;
(e) A description of any non-brokering service provided in
connection with each shipment or other activity, the
amount of compensation received for such non-brokering
service, and the identity of the payor;
(f) The amount of any freight charges collected by the
broker, the date on which such charges were paid over to
the carrier, and the amount of payment to the carrier;
and
(g) Any other information which the Commission may
prescribe.
(2) Maintenance of Records.
Records required to be kept under this Section shall be
maintained at an office within the State of Illinois, unless
maintenance of an office outside the State of Illinois is
expressly authorized by the Commission, and shall be
maintained for a period of 3 years after the date on
which the shipment was delivered.
(3) Accounting.
Each broker which engages in other business shall maintain
accounts so that the brokering portion of its business or businesses is
segregated from its other activities.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5107) (from Ch. 95 1/2, par. 18c-5107)
Sec. 18c-5107.
Brokers and Motor Carrier Applications.
A Broker shall not have standing to support any application for
motor carrier of property authority.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 5 Art II heading) ARTICLE II.
RESOLUTION OF HOUSEHOLD GOODS DISPUTES
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(625 ILCS 5/18c-5201) (from Ch. 95 1/2, par. 18c-5201)
Sec. 18c-5201.
Application of Article.
The provisions of this Article apply to the collect-on-delivery
transportation of household goods for non-commercial use where:
(1) The dispute relates to the propriety of charges for services
rendered or loss of or damage to lading from the loading,
unloading, or transportation thereof;
(2) The movement to which the dispute relates was between points
in the State of Illinois; or
(3) Either the movement was made under authority issued by the
Commission or the movement was such that it could have been
lawfully made only under authority issued by the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5202) (from Ch. 95 1/2, par. 18c-5202)
Sec. 18c-5202.
Commission to prescribe dispute resolution procedures.
(1) Within 180 days after the effective date of this amendatory Act of 1995,
the Commission shall propose rules specifying the procedures by which disputes
between carriers and shippers to which this Sub-chapter is applicable will be
resolved. Upon adoption, the rules will be applicable to all household goods
carriers.
(2) Standards for dispute resolution procedures. The rules adopted by the
Commission
shall be calculated to provide for the objective, expeditious, and inexpensive
resolution of household goods disputes, and shall include, without limitation,
provisions dealing with: the location of any required hearings; required
notifications; whether participation in a dispute resolution procedure is
mandatory; and how the fees and costs of the procedures shall be distributed.
To the extent authorized by Commission rules, procedures adopted under
this Article may specify that dispute resolution services will be provided by
the Commission, and in accordance with procedural rules adopted by the
Commission.
(3) Grounds for Resolution of Household Goods Disputes.
A dispute under this Article shall be resolved adverse to the
carrier if:
(a) The carrier assessed a rate not contained in a | ||
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(b) The carrier failed to fully apprise the shipper, | ||
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(c) Damages to lading occurred during the loading, | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-5203) (from Ch. 95 1/2, par. 18c-5203)
Sec. 18c-5203.
Award of Attorneys Fees.
(1) Award to Complaining Shipper.
In any court action to resolve a dispute within the scope of
this Article, the court shall award reasonable attorney's
fees to the complaining shipper if:
(a) The shipper submitted a claim to the carrier | ||
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(b) The shipper prevailed in the court action; and
(c) Either:
(i) No certified private dispute resolution | ||
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(ii) (Blank).
(iii) The court action was to enforce a timely | ||
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(2) Award to carrier.
In any court action to resolve a dispute within the scope of
this Article, the court may award reasonable attorney's fees
to the carrier if the shipper brought the action in bad faith
after submitting the dispute for resolution under the dispute resolution
procedures specified by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
Sec. 18c-5204.
Investigation of Practices of Household Goods
Carriers.
The Commission may, on its own motion or on complaint, conduct an
investigation to determine whether a household goods carrier has,
with or without the license required under Sub-chapter 4 of this Chapter,
engaged in a pattern or practice of underestimating freight
charges for household goods shipments, or has otherwise violated
provisions of this Chapter, Commission regulations or orders, and may
invoke any or all sanctions provided for in Article VII of
Sub-chapter 1 of this Chapter against the carrier if such a pattern or
practice,
or any other violation, is found to have occurred.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18c-5205) (from Ch. 95 1/2, par. 18c-5205)
Sec. 18c-5205.
Applicability of Article.
This Article applies to
disputes arising from transactions which occur at least 180 days after the
effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 5 Art III heading) ARTICLE III.
NON-RELOCATION TOWING
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(625 ILCS 5/18c-5301) (from Ch. 95 1/2, par. 18c-5301)
Sec. 18c-5301.
Application of Article.
The provisions of this Article
shall apply to non-relocation towing. Where the provisions of this
Article conflict with any other provisions in this Chapter, the
provisions of this Article shall govern.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5302) (from Ch. 95 1/2, par. 18c-5302)
Sec. 18c-5302.
Commission to Adopt Special Rules.
(1) General Provisions. The Commission shall, within 180 days after the
effective date of this Article, have finally adopted special forms and
regulations applicable to non-relocation towing. Such regulations shall
encompass definitions of terms, licensing, ratemaking, record-keeping,
insurance or surety coverage, fees, and such other provisions as are necessary
to effectuate the purposes of this Article. Such regulations shall be
consistent with the provisions of this Article and shall implement such
provisions with regard to non-relocation towing in a manner which recognizes
the special circumstances and conditions which pertain to non-relocation towing
as distinguished from other forms of motor carriage of property.
(2) Towing at Owner's Request. The Commission shall, within 60 days from
July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois
Administrative Procedure Act which implement the provisions of this Chapter
dealing with the exemption of non-relocation towing at the request of the
vehicle owner.
(Source: P.A. 88-45.)
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(625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)
Sec. 18c-5303.
The Fitness Test.
(1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:
(a) A summary statement of net worth;
(b) A listing of applicant's drivers and any persons who assist or supervise drivers;
(c) A description of equipment to be used in providing service under the license;
(d) A statement that the applicant has not:
(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or
(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;
(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;
(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;
(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and
(h) Proof of insurance in compliance with Commission regulations and orders.
(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.
(3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5304) (from Ch. 95 1/2, par. 18c-5304)
Sec. 18c-5304.
The Public Need/Public Convenience and Necessity Test.
Applicants for non-relocation towing licenses may establish, and other
parties may rebut, a prima facie showing of public need/public convenience and
necessity by the following evidence:
(1) Existing Towing Companies.
(a) Evidentiary Standard.
Any person engaged in non-relocation towing between July 1, 1985 and
January 1, 1986 may establish a prima facie showing of public convenience
and necessity to the extent of such operations by submitting a statement:
(i) Affirming that the person was engaged in non-relocation during the
foregoing time period; and
(ii) Describing its operations during such period.
(b) Extent of Existing Operations. The extent of the applicant's operations shall
be presumed to encompass non-relocation towing within the following
territory, unless otherwise shown on the record:
(i) Movements within a 50 mile radius of the applicant's principal place
of business in Illinois; and
(ii) Movements from points within the foregoing radius to points in
Illinois, and vice versa.
(c) Deadline for Filing Applications. Applications under this
subsection must be filed within 9 months after the effective date of this
amendatory Act of 1986, or by July 1, 1987, whichever is later.
(2) New Towing Companies and Extension of Existing Company Operations.
Applications for non-relocation towing licenses need not be supported by
shippers intending to use the carrier's service if other evidence of public
need/public convenience and necessity is offered by carrier witnesses,
non-carrier witnesses from other than
shippers intending to use the carrier's service, or others.
(3) Rebuttal of Prima Facie Showing of Public Need/Public Convenience and Necessity.
A prima facie showing of public need/public convenience and necessity may be rebutted
by other evidence of record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5305) (from Ch. 95 1/2, par. 18c-5305)
Sec. 18c-5305.
Hearings in Non-Relocation Towing Authority Cases.
(1) Hearings on Fitness Required. Hearings on applications for
non-relocation towing licenses shall be governed by the provisions of
Section 18c-2101 of this Code, with regard to the issue of fitness; and by
the provisions of subsection (2) of Section 18c-2102 of this Code, with
regard to the issue of public need/public convenience and necessity. Hearings
in other
non-relocation towing cases shall be governed by the provisions of Section
18c-2102 of this Code.
(2) Setting and Conduct of Licensing Hearings.
(a) Regional Hearings. Hearings on applications for non-relocation
towing licenses shall be consolidated and conducted regionally for the
convenience of the parties. Where practicable:
(i) Hearings shall be conducted at a location not more than 50 miles
from the principal place of the applicant's business;
(ii) The Commission shall schedule joint hearings at each regional location.
(b) Scheduling of Hearings. Hearings on applications for non-relocation
towing licenses shall be scheduled and concluded so as to minimize
inconvenience to the parties. Where practicable, hearings on an
application shall be concluded in a single day, unless:
(i) Continuance is required for the applicant to produce evidence of its fitness; or
(ii) A petition for leave to intervene in opposition is properly filed and granted.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5306) (from Ch. 95 1/2, par. 18c-5306)
Sec. 18c-5306.
Denial, Suspension, or Revocation of Licenses.
If, at
any time during or after adjudication of a non-relocation towing license
application, there exists an issue with regard to the fitness of the
applicant, the Commission may suspend any temporary license granted to the
applicant. If the
applicant is not shown to be fit, the Commission shall revoke the temporary
license and deny the application for a permanent license. If, at any time
subsequent to the grant of a permanent license, the holder is determined to
be unfit, the Commission shall suspend or revoke the license. Suspension
or revocation shall be after notice and hearing, absent waiver of same by
respondent, as provided for other than motor carrier of property authority
cases under Section 18c-2102 of this Code.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5307) (from Ch. 95 1/2, par. 18c-5307)
Sec. 18c-5307.
False Statements by Applicant.
Any false statement of
a material fact by an applicant shall be grounds for denial or revocation of a license.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5308) (from Ch. 95 1/2, par. 18c-5308)
Sec. 18c-5308.
Intervention in Opposition to Non-Relocation Towing
applications.
(1) Filing Fee for Petitions for Leave to Intervene in Opposition. The
Commission shall prescribe a filing fee of not less than $100 for each
petition for leave to intervene in opposition in a non-relocation towing
authority case.
(2) Standing to Participate and Intervene. Any person with evidence
relating to the fitness of an applicant for a non-relocation towing license
may be permitted, at the discretion of the examiner, to present such
evidence at hearing. The provisions of paragraph (a) of subsection (2) of
Section 18c-2106 of this Code shall not apply to persons filing petitions
for leave to intervene in opposition to non-relocation towing license
applications, unless the issue of public need/public convenience and necessity
is
controverted by such persons at hearing.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5309) (from Ch. 95 1/2, par. 18c-5309)
Sec. 18c-5309.
Ratemaking.
Unless otherwise specified in the tariff,
rates applicable to non-relocation towing shall be the maximum rates which
may be charged by carriers participating in the tariff for such service.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5310) (from Ch. 95 1/2, par. 18c-5310)
Sec. 18c-5310.
Insurance.
(1) Implied Garagekeeper's Liability. The filing of a form E
certificate of insurance shall constitute a representation by the insurance
company that the underlying insurance policy includes, with regard to
non-relocation towing, liability for damage to vehicles in
the custody of the non-relocation towing company, whether in transit or
otherwise, in an amount not less than the amount of cargo insurance
required under Commission regulations and orders, unless otherwise
specified by the insurance company on the form E certificate of liability insurance.
(2) Filing Proof of Cargo Insurance. Except where the form E
certificate of liability insurance indicates, in accordance with subsection
(1) of this Section, that garagekeeper's liability
is not covered by the underlying policy of insurance, a non-relocation
towing company shall not
be required to file proof of cargo insurance for the transportation of vehicles.
(Source: P.A. 84-1311.)
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(625 ILCS 5/Ch. 18C Sub-ch. 6 heading) SUB-CHAPTER 6.
MOTOR CARRIERS OF PASSENGERS
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(625 ILCS 5/Ch 18C Sub 6 Art I heading) ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PASSENGERS
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(625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
Sec. 18c-6101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-6102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
passengers operating within the State of Illinois.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
Sec. 18c-6102.
Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as provided
in Section 18c-6501 of this Chapter, apply to:
(1) carriers owned by any political subdivision, school district,
institution of higher education, or municipality, and operated either by
such political subdivision, institution of higher education, or
municipality or its lessee or agent;
(2) commuter vans as defined in this Code;
(3) carriers transporting passengers without fixed routes or
schedules and charging on a time or distance basis, including
taxicabs, charter operations, and contract bus operations;
(4) carriers transporting passengers with fixed routes and schedules
and charging on a per passenger fixed charge basis and which do not include
an airport as a point to be served on the route, in whole or in part;
(5) transportation in vehicles with a manufacturer's rated
seating capacity of less than 8 persons, including the
driver;
(6) transportation subject to the Ridesharing Arrangements Act;
(7) commuter buses offering short-haul for-hire regularly scheduled
passenger transportation service within metropolitan and suburban areas,
over regular routes with fixed schedules, and utilized primarily by
passengers using reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from their places of
employment; and
(8) those persons owning and operating school buses, as defined in this
Code, and regulated by other provisions of this
Code.
(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
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(625 ILCS 5/18c-6103) (from Ch. 95 1/2, par. 18c-6103)
Sec. 18c-6103.
Unlawful Operations.
Except as provided in Article I of this Sub-chapter, and subject
to the provisions stated herein, no person shall:
(1) Operate as a motor carrier of passengers unless the person
possesses a valid license authorizing such operations.
(2) Provide service at rates other than those contained in
lawfully applicable tariffs for such service;
(3) Otherwise operate as a motor carrier of passengers in
violation of any provision of this Chapter, Commission regulations
and orders, or any other law of this state; or
(4) Aid or abet any other person in a violation of this Chapter,
Commission regulations or orders, by soliciting or receiving,
or by compensating service from a person not authorized to
provide such service, or at other than lawful rates for such
service, or otherwise.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 6 Art II heading) ARTICLE II.
LICENSING
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(625 ILCS 5/18c-6201) (from Ch. 95 1/2, par. 18c-6201)
Sec. 18c-6201.
Requirements for issuance of licenses.
(1) General
requirements. Except as provided in subsection (2) of this Section, the
Commission shall grant an application for a motor carrier of
passengers license, in whole or in part, to the extent that
it finds that the application was properly filed, a need for
the proposed service exists, the applicant if fit, willing,
and able to provide the service in compliance with this Chapter,
Commission regulations and orders, absent a showing that
issuance of the license would be inconsistent with the public
interest. Otherwise, the application shall be denied. In
determining whether issuance of a motor carrier of passengers
license would be inconsistent with the public interest, the
Commission shall consider:
(a) the value of competition which would result from | ||
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(b) the effect of issuance on motor carrier of | ||
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(c) the effect of issuance on the ability of any | ||
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(d) any other factor relevant to the public interest.
(2) Motor carriers of passengers providing service to or from
airports. The Commission shall grant an application for a motor carrier
of passengers license authorizing service along any route
where an airport is a point to be served on the route, in
whole or in part, to the extent that it finds that the
application was properly filed, a need for the proposed
service exists, the applicant is fit, willing, and able to
provide the service in compliance with this Chapter, Commission
regulations and orders, and the public convenience and
necessity requires issuance of the license. Otherwise, the
application shall be denied. The provisions of this
subsection shall be construed to impose the same entry
requirements as were previously applicable under Section 55
of "An Act concerning public utilities", approved June
29, 1921, as amended.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-6202) (from Ch. 95 1/2, par. 18c-6202)
Sec. 18c-6202.
Other Provisions Relating to Licensing and
Registration.
Provisions in Articles II, III, and IV of Sub-chapter 4 of this Chapter,
governing the suspension, revocation, and transfer of motor
carrier of property licenses, the registration of interstate
motor carriers of property shall likewise govern motor carriers of passengers as if
all references therein were to motor carriers of passengers.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 6 Art III heading) ARTICLE III.
ADDITION, CHANGE, REDUCTION, OR
DISCONTINUANCE OF SCHEDULED MOTOR BUS SERVICE
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(625 ILCS 5/18c-6301) (from Ch. 95 1/2, par. 18c-6301)
Sec. 18c-6301.
General Provisions.
No motor common carrier of passengers shall add to, change,
reduce, or discontinue service to any point along a route over
which the carrier is authorized to provide intrastate service,
except in accordance with the provisions of this Article.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
Sec. 18c-6302.
Definitions.
The following terms, when used in this Article,
shall have the hereinafter designated meanings.
(1) "Addition" to service means the institution of new
scheduled service.
(2) "Change" in service means a change in the time or times of
scheduled service which does not constitute a reduction or
discontinuance of service.
(3) "Reduction" of service means any reduction in the level of
scheduled service which does not constitute discontinuance of
the carrier's service.
(4) "Discontinuance" of service means total discontinuance of
service to any point along a route over which the carrier is
authorized to provide service or reduction in the level of
service to any such point to less than one round trip per
weekday (Monday through Friday).
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 5/18c-6303) (from Ch. 95 1/2, par. 18c-6303)
Sec. 18c-6303.
Schedule Changes and Reductions in Service.
Any motor common carrier of passengers may add to, change, or
reduce the level of its service to any point along a route over
which the carrier is authorized to provide service, provided that
the addition, change or reduction does not constitute
discontinuance of service to any point along a route over which the carrier
is authorized to serve, after the carrier has served notice in
accordance with Commission regulations adopted pursuant to this
Article, and without prior authorization.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6304) (from Ch. 95 1/2, par. 18c-6304)
Sec. 18c-6304.
Discontinuances.
No motor common carrier of passengers shall discontinue service
to any point along a route over which the carrier is authorized
to provide service except in accordance with provisions of
Section 18c-6305 of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6305) (from Ch. 95 1/2, par. 18c-6305)
Sec. 18c-6305.
Prior Notice and Petition for Authorization.
(1) Annual and Amended Lists of Points Under Consideration for
Discontinuance.
By March of each calendar year, each motor carrier of
passengers shall submit to the Commission a list of routes and
points which it is authorized to serve which the carrier has
under consideration for discontinuance within the following
12 months. A carrier may amend its list on the
1st day of each subsequent month.
(2) Notice of Intent to Discontinue.
Not less than 30 days after a point appears on a
list of points under consideration for discontinuance, the
carrier may serve on the Commission the carrier's Notice of
Intent to discontinue service. Such notice shall be for the
purpose of alerting the Commission and allowing a period of
time during which alternatives to discontinuance, or
alternative service, may be explored.
(3) Petitions to Discontinue.
Not less than 60 nor more than 90 days after
the filing of a Notice of Intent to discontinue, the carrier
may formally propose discontinuance by filing in accordance
with such requirements as to form and content as the
Commission may prescribe. The Commission may investigate the
proposal, and may suspend the discontinuance pending the
outcome of the investigation for a period not to exceed
90 days from the date the proposal is filed. The
Commission shall determine, after considering the public need
for service, revenues (both those which have been received
and those which might be received, by subsidy or otherwise)
and variable costs associated with the service, and the
availability of reasonable alternative transportation service
whether the public convenience and necessity requires
continuation of the service proposed to be discontinued. If
the Commission determines that the public convenience and
necessity requires continuation, it shall so order;
otherwise, the proceeding shall be dismissed.
(4) Waiver or Notice.
Prior notice requirements under this Section may be waived
for good cause or where the carrier has made substantial
compliance with such prior notice requirements or compliance
is not necessary to effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 6 Art IV heading) ARTICLE IV.
RATEMAKING
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(625 ILCS 5/18c-6401) (from Ch. 95 1/2, par. 18c-6401)
Sec. 18c-6401.
Ratemaking.
The Commission may exercise, with respect to rate regulation of
motor carriers of passengers, any and all power which it may
exercise with respect to rate regulation of motor carriers of
property. Motor carriers of passengers shall be in all respects
subject to provisions of this Chapter governing ratemaking for motor
carriers of property, except as provided in 49 U.S. Code
11501(e).
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 6 Art V heading) ARTICLE V.
SAFETY REQUIREMENTS FOR
MOTOR CARRIERS OF PASSENGERS
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(625 ILCS 5/18c-6501) (from Ch. 95 1/2, par. 18c-6501)
Sec. 18c-6501.
Hours of Service for Drivers.
No motor carrier of passengers shall operate any vehicle with a
manufacturer's rated seating capacity of more than 8
persons, including the driver, except in compliance with federal
hours of service regulations codified at 49 Code of Federal
Regulations Part 395, Hours of Service of Drivers, as amended.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
Sec. 18c-6502. Report and investigation of crashes. (1) Reports.
Every motor carrier of passengers shall report to the
Commission, by the speediest means possible, whether telephone,
telegraph, or otherwise, every crash involving its
equipment which resulted in loss of life to any person. In
addition to reports required to be filed with the Department of
Transportation, under Article IV of Chapter 11 and Chapter 7 of this
Code, such carrier shall file a written report with the
Commission, in accordance with regulations adopted hereunder,
of any crash which results in injury or loss of life to
any employee, or damage to the person or property of any
member of the public. The Commission and the Department of
Transportation may adopt, by
reference, such state or federal reporting requirements as
will effectuate the purposes of this Section and promote
uniformity in bus crash reporting.
(2) Investigations.
The Commission and the Department of Transportation may investigate any
bus crash reported to
it or of which it acquires knowledge independent of reports
made by motor carriers of passengers, and shall have the
power to enter such orders and adopt such regulations as will
minimize the risk of future crashes.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/18c-6503) (from Ch. 95 1/2, par. 18c-6503)
Sec. 18c-6503.
Insurance.
The provisions of Article IX of Subchapter 4
of this Chapter regarding insurance for motor carriers of property shall
apply to motor carriers of passengers subject to the jurisdiction of the
Commission under this Subchapter as if all references in Article IX were to
motor carriers of passengers.
(Source: P.A. 84-1025.)
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(625 ILCS 5/Ch. 18C Sub-ch. 7 heading) SUB-CHAPTER 7
RAIL CARRIERS.
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(625 ILCS 5/Ch 18C Sub 7 Art I heading) ARTICLE I.
JURISDICTION OVER RAIL CARRIERS.
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(625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
Sec. 18c-7101.
Jurisdiction Over Rail Carriers.
The jurisdiction of the
Commission under this Sub-chapter shall be exclusive and shall extend to
all intrastate and interstate rail carrier operations within this State,
except to the extent that its jurisdiction is preempted by valid provisions
of the Staggers Rail Act of 1980 or other valid federal statute, regulation, or
order.
(Source: P.A. 85-406.)
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(625 ILCS 5/Ch 18C Sub 7 Art II heading) ARTICLE II.
REGISTRATION AND SERVICES
OF RAIL CARRIERS
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(625 ILCS 5/18c-7201) (from Ch. 95 1/2, par. 18c-7201)
Sec. 18c-7201.
Registration as a Rail Carrier.
(1) General Provisions.
Except as provided in subsection (2) of this Section, no
person shall operate as a rail carrier, and no person shall
begin or continue construction of any track or other
facilities, other than the repair or replacement of existing
plant, for use in operations as a rail carrier unless such
person has registered with the Commission as a rail carrier.
(2) Exceptions.
Each rail carrier operating within the State of Illinois on
the effective date of this Chapter shall automatically be deemed,
as of that date, to have registered as a rail carrier for
purposes of this Section. Such constructive registration
shall expire on the 180th day after the effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-7202) (from Ch. 95 1/2, par. 18c-7202)
Sec. 18c-7202.
Duties and Obligations of Rail Carriers.
Each rail carrier shall provide adequate service to the public at
reasonable rates and without discrimination.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-7203) (from Ch. 95 1/2, par. 18c-7203)
Sec. 18c-7203.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/Ch 18C Sub 7 Art III heading) ARTICLE III.
RATEMAKING
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(625 ILCS 5/18c-7301) (from Ch. 95 1/2, par. 18c-7301)
Sec. 18c-7301.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/18c-7302) (from Ch. 95 1/2, par. 18c-7302)
Sec. 18c-7302.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/Ch 18C Sub 7 Art IV heading) ARTICLE IV.
SAFETY REQUIREMENTS FOR RAIL CARRIERS
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(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety requirements for track, facilities, and
equipment.
(1) General Requirements. Each rail carrier shall, consistent with rules,
orders, and regulations of the Federal Railroad Administration, construct,
maintain, and operate all of its equipment, track, and other property in this
State in such a manner as to pose no undue risk to its employees or the person
or property of any member of the public.
(2) Adoption of Federal Standards. The track safety standards and
accident/incident standards promulgated by the Federal Railroad Administration
shall be safety standards of the Commission. The Commission may, in addition,
adopt by reference in its regulations other federal railroad safety standards,
whether contained in federal statutes or in regulations adopted pursuant to
such statutes.
(3) Railroad Crossings. No public road, highway, or street shall hereafter
be constructed across the track of any rail carrier at grade, nor shall the
track of any rail carrier be constructed across a public road, highway or
street at grade, without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement of lawfully
existing roads, highways, and tracks.
No public pedestrian bridge or subway shall be constructed across the track
of any rail carrier without having first secured the permission of the
Commission.
The Commission shall have the right to
refuse its permission or to grant it upon such terms and conditions as it may
prescribe.
The Commission shall have power to determine and prescribe the
manner, including the particular point of crossing, and the terms of
installation, operation, maintenance, use, and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages, and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at railroad-highway grade crossings; or to
require a
separation of grades at any proposed crossing where a
proposed public highway may cross the tracks of any rail
carrier or carriers; and to prescribe, after a hearing of the parties,
the terms upon which such separations shall be made and the
proportion in which the expense of the alteration or
abolition of such crossings or the separation of such grades, having regard
to the benefits, if any, accruing to the rail carrier or any party in
interest,
shall be divided between the rail carrier or carriers affected, or
between such carrier or carriers and the State, county, municipality
or other public authority in interest.
However, a public hearing by the Commission to abolish a crossing shall not
be required
when the public highway authority in interest vacates the highway. In such
instance
the rail carrier, following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and the grade
crossing surface.
The Commission shall also have power by its order to require
the reconstruction, minor alteration, minor relocation, or
improvement of any crossing (including the necessary highway
approaches thereto) of any railroad across any highway or
public road, pedestrian bridge, or pedestrian subway, whether such crossing
be at grade
or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation, or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers
of such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary
and may apportion the cost of
such reconstruction, alteration, relocation, or improvement
and the subsequent maintenance thereof, having regard to the benefits, if
any, accruing
to the railroad or any party in interest,
between the rail
carrier or carriers and public utilities affected, or between such
carrier or carriers and public utilities and the State, county,
municipality or other public authority in interest. The cost
to be so apportioned shall include the cost of changes or
alterations in the equipment of public utilities affected as
well as the cost of the relocation, diversion or
establishment of any public highway, made necessary by such
reconstruction, alteration, relocation, or improvement of said
crossing. A hearing shall not be required in those instances
when the Commission enters an order confirming a written
stipulation in which the Commission, the public highway
authority or other public authority in interest, the rail carrier or
carriers
affected, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation, agree on the
reconstruction, alteration, relocation, or improvement and
the subsequent maintenance thereof and the division of costs
of such changes of any grade crossing (including the
necessary highway approaches thereto) of any railroad across
any highway, pedestrian bridge, or pedestrian subway.
The Commission shall also have power to enter into stipulated agreements with a rail carrier or rail carriers or public authorities to fund, provide, install, and maintain safety treatments to deter trespassing on railroad property in accordance with paragraph (1) of Section 18c-7503 at locations approved by such rail carrier or rail carriers following a diagnostic evaluation between the Commission and the rail carrier or rail carriers, including any public authority in interest or the Federal Railroad Administration, and to order the allocation of the cost of those treatments and their installation and maintenance from the Grade Crossing Protection Fund. Safety treatments approved under this paragraph by the Commission shall be deemed adequate and appropriate. Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection
shall be as flush with the rails as superelevated curves will
allow, and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of
not more than 5% within the right of way for a distance of
not less the 6 feet on each side of the centerline of such
tracks; provided, that the grades at the approaches may be
maintained in excess of 5% only when authorized by the
Commission.
Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings within the
State, such brush, shrubbery, and trees as is reasonably
practical for a distance of not less than 500 feet in either
direction from each grade crossing.
The Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing
signals, crossing
gates illuminated at night, or other protective devices
in
order to promote and safeguard the health and safety of the
public.
Luminous flashing signal or crossing gate
devices installed at grade crossings, which have been approved
by the Commission, shall be deemed adequate and appropriate.
The Commission shall have authority to determine the number,
type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective
devices between the rail carrier or carriers, the public highway
authority or other public authority in
interest, and in instances involving the use of the Grade
Crossing Protection Fund, the Illinois Department of
Transportation.
Except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. If the Commission has ordered the installation of luminous flashing signal or
crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the
installation of temporary stop signs at the highway intersection with the grade
crossing unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and subsequent
maintenance of any required signs.
The permanent signs shall be in place by July 1, 2011.
No railroad may change or modify the warning device system at a
railroad-highway grade crossing, including warning systems interconnected with
highway traffic control signals, without having first received the approval of
the Commission. The Commission shall have the further power, upon application,
upon its own motion, or upon
complaint and after having made proper investigation, to require
the interconnection of grade crossing warning devices with traffic control
signals at highway intersections located at or near railroad crossings within
the distances described by the State Manual on Uniform Traffic Control Devices
adopted pursuant to Section 11-301 of this Code. In addition, State and local
authorities may not install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is interconnected or proposed to
be interconnected with grade crossing warning devices when the change affects
the number, type, or location of traffic control devices on the track approach
leg or legs of the intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the installation,
removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the railroad-highway grade
crossing. The electrical circuit devices, alternate warning devices, and
preemption sequences shall conform as nearly as possible, considering the
particular characteristics of the crossing and
intersection area, to the State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such federal
standards as are made applicable by subsection (2) of this Section. In order
to carry out this authority, the Commission shall have the authority to
determine the number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing of the railroad
preemption sequence of operation.
The Commission shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between the railroad or
railroads and the highway authority in interest and in instances involving the
use of the Grade Crossing Protection Fund or a State highway, the Illinois
Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate, or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this
Section a person adjudged guilty hereunder may also be
directed to make restitution for the costs of repair or
replacement, or both, necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance public safety
by establishing safe grade crossings. In order to implement this policy, the
Illinois Commerce Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing should be
opened or abolished. The following factors shall be considered by the
Illinois Commerce Commission in developing the specific criteria for opening
and abolishing grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed | ||
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(e) number of freight trains and their timetable | ||
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(f) the type of warning device present at the grade | ||
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(g) alignments of the roadway and railroad, and the | ||
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(h) use of the grade crossing by trucks carrying | ||
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(i) use of the grade crossing by emergency vehicles.
The Illinois Commerce Commission, upon petition to open or abolish a grade
crossing, shall enter an order opening or abolishing the crossing if it meets
the specific criteria adopted by the Commission.
Except as otherwise provided in this subsection (3), in no instance shall
a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
circulation.
(4) Freight Trains; Radio Communications.
The Commission shall after hearing and order require that
every main line railroad freight train operating on main
tracks outside of yard limits within this State shall be
equipped with a radio communication system. The Commission
after notice and hearing may grant exemptions from the
requirements of this Section as to secondary and branch
lines.
(5) Railroad Bridges and Trestles; Walkway and Handrail.
In cases in which the Commission finds the same to be
practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to Injured on Trains.
(a) All rail carriers shall provide a first aid kit | ||
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(b) A vehicle, excluding a taxi cab used in an | ||
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(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and hearing, to order:
(a) the removal of any abandoned railroad tracks from | ||
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(b) the removal of abandoned overhead railroad | ||
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The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities, and
the State, county, municipality, township, road district, or
other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical clearance of not less
than 23 feet
above the top of rail shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission may permit a lesser
clearance if it determines
that the 23-foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(9) Right of Access To Railroad Property. (a) A community antenna television company franchised | ||
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(b) Notwithstanding any provision of law to the | ||
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(c) This subsection (9) applies to any entry upon any | ||
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(d) Nothing in Public Act 100-251 shall be construed | ||
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(e) For purposes of this subsection (9): "Broadband service", "cable operator", and "holder" | ||
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"Community antenna television company" includes, in | ||
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(f) Beginning on August 22, 2017 (the effective date | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
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(625 ILCS 5/18c-7401.1) Sec. 18c-7401.1. Rules for safe railroad worker walkways.
Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, the Commission shall adopt rules regarding safe walkways for railroad workers in areas where work is regularly performed on the ground. The rules must include, at a minimum, a requirement that any walkway (i) have a reasonably uniform surface, (ii) be maintained in a safe condition, and (iii) be reasonably free of obstacles, debris, and other hazards.(Source: P.A. 93-791, eff. 7-22-04.) |
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
Sec. 18c-7402. Safety requirements for railroad operations.
(1) Obstruction of crossings.
(a) Obstruction of emergency vehicles. Every railroad | ||
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(b) Obstruction of highway at grade crossing | ||
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In a county with a population of greater than | ||
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However, no employee acting under the rules or orders | ||
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(c) Punishment for obstruction of grade crossing. Any | ||
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(2) Other operational requirements.
(a) Bell and whistle-crossings. Every rail carrier | ||
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(a-5) The requirements of paragraph (a) of this | ||
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(b) Speed limits. Each rail carrier shall operate its | ||
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The Commission and the Department of Transportation | ||
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(c) Special speed limit; pilot project. The | ||
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(d) Freight train crew size. No rail carrier shall | ||
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(3) Report and investigation of rail accidents.
(a) Reports. Every rail carrier shall report to the | ||
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(b) Investigations. The Commission may investigate | ||
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(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
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(625 ILCS 5/18c-7402.1)
Sec. 18c-7402.1.
Pilot projects; automated
audible warning devices.
(a) The General Assembly finds and declares that, for
the communities of the State that are traversed by
railroads, there is a growing need to mitigate train horn
noise without compromising the safety of the public.
Therefore, after applications are filed and approved by the
Commission, the Commission shall authorize pilot projects
in the counties of Cook, DuPage, Lake, and Will to test the
utility and safety of stationary automated audible warning
devices as an alternative to trains having to sound their
horns as they approach highway-rail crossings.
(b) In light of the pending proposed ruling by the
Federal Railroad Administration on the use of locomotive
horns at all highway-rail crossings across the nation, it
is in the best interest of the State for the
Commission to expedite the pilot projects in order to
contribute data to the federal rulemaking process regarding
the possible inclusion of stationary automated warning
devices in the counties of Cook, DuPage, Lake, and Will as
a safety measure option to the proposed federal rule.
(c) The Commission shall adopt rules for implementing
the pilot projects in the counties of Cook, DuPage, Lake,
and Will.
(Source: P.A. 92-284, eff. 8-9-01.)
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(625 ILCS 5/18c-7402.5)
Sec. 18c-7402.5.
(Repealed).
(Source: P.A. 90-187, eff. 1-1-98. Repealed internally, eff. 2-1-01.)
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(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403.
Enforcement and Waiver of Safety Requirements.
(1) Enforcement.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
(2) Waiver.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
public.
(Source: P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404.
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
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(625 ILCS 5/18c-7405)
Sec. 18c-7405. Accident counseling.
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
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(625 ILCS 5/18c-7406) Sec. 18c-7406. Closure of at-grade crossings; bicycle and pedestrian trails. When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.) |
(625 ILCS 5/Ch 18C Sub 7 Art V heading) ARTICLE V.
MISCELLANEOUS PROVISIONS.
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(625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
Sec. 18c-7501. Eminent Domain. If any rail carrier shall be unable to agree with the owner for
the purchase of any real estate required for the purposes of its
incorporation, or the transaction of its business, or for its
depots, station buildings, machine and repair shops, or for right
of way or any other lawful purpose connected with or necessary to
the building, operating or running of such rail carrier, such may
acquire such title in the manner that may be now or hereafter
provided for by the law of eminent domain.
A rail carrier may exercise quick take powers of eminent domain as provided
in Article 20 of the Eminent Domain Act,
when all of the following conditions are met: (1) the complaint for
condemnation is filed within one year of the effective date of this
amendatory Act of 1988; (2) the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor railroad port;
and (3) the total amount of land to be acquired for that purpose is less
than 75 acres and is adjacent to the Illinois River.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) Sec. 18c-7502. Malicious removal of or damage to railroad property or
freight. (a) Malicious removal of or damage to railroad property or freight. A person is guilty of an offense if he or she is found to
have: (i) removed, taken, stolen, changed, added to, taken | ||
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(ii) willfully and with intent to permanently deprive | ||
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(iii) bought or received any of the railroad freight | ||
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(iv) willfully placed upon an active railroad track | ||
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(b) Penalties. (1) If the railroad property damage does not exceed | ||
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(2) Upon being found in violation of item (ii), | ||
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(3) Local authorities shall impose fines as | ||
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(c) Definitions. As used in this Section: "Bodily injury" means: (i) a cut, abrasion, bruise, bump, or disfigurement; (ii) physical pain; (iii) illness; (iv) impairment of the function of a bodily member, | ||
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(v) any other injury to the body, no matter how | ||
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"Railroad" means any form of nonhighway ground transportation that runs on
rails or
electromagnetic guideways, including: (i) commuter or other short-haul railroad passenger | ||
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(ii) high-speed ground transportation systems that | ||
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"Railroad carrier" means a person providing railroad transportation. "Railroad property" means all tangible property owned, leased, or operated
by a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle,
depot, warehouse, terminal, or any other structure, appurtenance, or equipment
owned, leased,
or used in the operation of any railroad carrier including trains, locomotives,
engines, railroad
cars, work equipment, rolling stock, or safety devices. "Railroad property"
does
not include a
railroad carrier's administrative buildings or offices, office equipment, or
intangible property
such as software or other information. "Right of way" means the track or roadbed
owned, leased, or operated by a rail carrier that is located on either side
of its tracks
and that is readily recognizable to a reasonable person as being railroad
property or is
reasonably identified as such by fencing or appropriate signs. "Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling
stock is kept when not in use or when awaiting repair. "Serious bodily injury" means bodily injury that involves: (i) a substantial risk of death; (ii) extreme physical pain; (iii) protracted and obvious disfigurement; or (iv) protracted loss or impairment of the function of | ||
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(Source: P.A. 96-1132, eff. 1-1-11.) |
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespassing on railroad property; terminal security.
(1) Trespassing on railroad property prohibited.
(a) General prohibition. Except as otherwise provided | ||
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(i) walk, ride, drive or be upon or along the | ||
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(ii) enter or be
upon any railroad property;
(iii) without lawful authority or the railroad | ||
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(iv) willfully lead or contrive any animal to go | ||
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(v) throw or cause to be thrown on to the | ||
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(b) Exceptions.
This subsection shall not apply to:
(i) fare paying passengers on trains or employees | ||
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(ii) railroad employees and an authorized | ||
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(iii) a person going upon the right of way or | ||
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(iv) a person being on the station grounds or in | ||
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(v) a person, his family, or his employees or | ||
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(vi) a person having written permission from the | ||
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(vii) representatives of local, State, and | ||
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(viii) a person having written permission from | ||
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(2) Penalties.
(a) Any person found in violation of item (i), (ii), | ||
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(b) Any person found in violation of item (v) of | ||
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(c) Local authorities shall impose fines as | ||
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(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter.
(3) Definitions. For purposes of this Section:
"Passenger" means a person
who is traveling by train with lawful authority and who does not participate in
the train's
operation. The term "passenger" does not include stowaways.
"Railroad" means
any form of
nonhighway ground transportation that runs on rails or electromagnetic
guideways,
including:
(i) commuter or other short-haul railroad | ||
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(ii) high-speed ground transportation systems | ||
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"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated by
a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle, depot,
warehouse, terminal, or any other structure, appurtenance, or equipment owned,
leased, or used
in the operation of any railroad carrier including trains, locomotives,
engines,
railroad cars, work
equipment, rolling stock, or safety devices.
"Railroad property" does not include a railroad
carrier's administrative buildings or offices, office equipment, or intangible
property such as
software or other information.
"Right of way" means
the track or roadbed owned, leased, or operated by a rail
carrier which is located on
either side of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably
identified as such
by fencing or appropriate signs.
"Terminal" means a rail terminal facility, intermodal facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility larger than 25 acres.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling stock
is kept when not in use or when awaiting repair.
(Source: P.A. 94-736, eff. 5-1-06.)
|
(625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
Sec. 18c-7504.
Construction of Fences, Farm Crossings, and
Damages. (1) Fencing.
Every rail carrier shall, within 6 months after any
part of its line is open for use, erect and thereafter
maintain fences on both sides of its road or so much thereof
as is open for use, suitable and sufficient to prevent
cattle, horses, sheep, hogs or other livestock from getting
on such railroad, provided that the other 3 sides of
the property are enclosed, except at the crossings of public
roads and highways, and within such portion of cities and
incorporated towns and villages as are or may be hereafter
laid out and platted into lots and blocks, with gates at the
farm crossings of such railroad, which farm crossings shall
be constructed by such rail carrier when and where the same
may become necessary, for the use of the proprietors of the
lands adjoining such railroad; and when such fences are not
made as aforesaid, or when such fences are not kept in good
repair, such rail carrier shall be liable for all damages
which may be done by the agents, engines or cars of such rail
carrier, to such cattle, horses, sheep, hogs or other
livestock thereof, and reasonable attorney's fees in any
court wherein suit is brought for such damages, or to which
the same may be appealed; but where such fences have been
duly made and kept in good repair, such rail carrier shall
not be liable for any such damages, unless negligently or
willfully done.
(2) Enforcement.
If the rail carrier, after being notified, shall refuse to
build or repair such fence, gates, or farm crossings, in
accordance with the provisions of this, Section, the owner or
occupant of the land required to be fenced shall be entitled
to an order from any court of competent jurisdiction
requiring the rail carrier to build or repair such fence,
gates, or farm crossing and may recover interest at one
percent per month of the cost of such building or
repair, from the time the crossing or repair was requested,
as damage in the circuit court, together with costs to be
taxed by the court.
(Source: P.A. 84-796.)
|
(625 ILCS 5/Ch. 18C Sub-ch. 8 heading) SUB-CHAPTER 8.
COMMON CARRIERS BY PIPELINE
|
(625 ILCS 5/Ch 18C Sub 8 Art I heading) ARTICLE I.
JURISDICTION AND POWER
OVER COMMON CARRIERS BY PIPELINE
|
(625 ILCS 5/18c-8101) (from Ch. 95 1/2, par. 18c-8101)
Sec. 18c-8101.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
(625 ILCS 5/Ch 18C Sub 8 Art II heading) ARTICLE II.
LICENSING AND RATEMAKING
|
(625 ILCS 5/18c-8201) (from Ch. 95 1/2, par. 18c-8201)
Sec. 18c-8201.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
(625 ILCS 5/Ch 18C Sub 8 Art III heading) ARTICLE III.
SAFETY REGULATION
|
(625 ILCS 5/18c-8301) (from Ch. 95 1/2, par. 18c-8301)
Sec. 18c-8301.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
(625 ILCS 5/Ch 18C Sub 8 Art IV heading) ARTICLE IV.
MISCELLANEOUS PROVISIONS
|
(625 ILCS 5/18c-8401) (from Ch. 95 1/2, par. 18c-8401)
Sec. 18c-8401.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
|
(625 ILCS 5/Ch. 18C Sub-ch. 9 heading) SUB-CHAPTER 9.
MISCELLANEOUS PROVISIONS OF LAW
|
(625 ILCS 5/Ch 18C Sub 9 Art I heading) ARTICLE I.
REMEDIES CUMULATIVE
|
(625 ILCS 5/18c-9101) (from Ch. 95 1/2, par. 18c-9101)
Sec. 18c-9101.
Remedies Cumulative.
Rights and remedies under this Chapter shall be cumulative of each
other and of rights and remedies under other provisions of law,
except as otherwise expressly provided herein. Exercise of one
right or remedy under this Chapter shall not waive or bar exercise of
any other, and imposition of one sanction under this Chapter shall
not be a bar to imposition of any other sanction provided for in
this Chapter.
(Source: P.A. 84-796.)
|
(625 ILCS 5/Ch 18C Sub 9 Art II heading) ARTICLE II.
GRANDFATHER PROVISIONS
|
(625 ILCS 5/18c-9201) (from Ch. 95 1/2, par. 18c-9201)
Sec. 18c-9201.
Grandfather Clause.
Except as otherwise expressly provided in this Chapter, valid
regulations adopted, licenses, registrations, certifications and
other authorizations issued or recognized, rates established
or recognized, and forms promulgated or utilized under Acts or parts
of Acts repealed by this Act
shall have the same force and effect as if adopted, issued,
established, or recognized under this Chapter.
(Source: P.A. 85-553.)
|
(625 ILCS 5/Ch. 18d heading)
CHAPTER 18d. ILLINOIS COMMERCIAL SAFETY TOWING LAW
(Source: P.A. 95-562, eff. 7-1-08.)
|
(625 ILCS 5/18d-101)
Sec. 18d-101. Short title. This Chapter may be cited as the Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-105)
Sec. 18d-105. Definitions. As used in this Chapter: (1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles. (2) "Commission" means the Illinois Commerce Commission.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-110)
Sec. 18d-110. The General Assembly finds and declares that commercial vehicle towing service in the State of Illinois fundamentally affects the public interest and public welfare. It is the intent of the General Assembly, in this amendatory Act of the 95th General Assembly, to promote the public interest and the public welfare by requiring similar basic consumer protections and fraud prevention measures that are required of other marketplace participants, including the disclosure of material terms and conditions of the service to consumers before consumers accept the terms and conditions. The General Assembly also intends that the provisions in this amendatory Act of the 95th General Assembly promote safety for all persons and vehicles that travel or otherwise use the public highways of this State. The General Assembly finds that it is in the public interest that persons whose vehicles are towed from the public highways know important basic information, such as where they can retrieve their vehicles and the cost to retrieve their vehicles, so that they can avoid vehicle deterioration and arrange for a prompt repair of the vehicles.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-115)
Sec. 18d-115. It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission. The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-117) Sec. 18d-117. Exemption. (a) A tower, as defined by Section 1-205.2 of this Code, legally residing in a county not subject to this Chapter pursuant to Section 18d-180 of this Chapter may operate in a county that is subject to this Chapter pursuant to Section 18d-180 for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator legally residing in a county not subject to this Chapter to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides. (b) A tower operating for the limited purpose in subsection (a) is not subject to the provisions of this Chapter. (c) Subsection (a) does not apply to towers that legally reside in both counties.
(Source: P.A. 96-309, eff. 1-1-10.) |
(625 ILCS 5/18d-120)
Sec. 18d-120. Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences. (a) A commercial vehicle safety relocator shall not
commence the towing of a damaged or disabled vehicle without
specific authorization from the vehicle owner or operator after
the disclosures set forth in this Section. (b) Every commercial vehicle safety relocator shall,
before towing a damaged or disabled vehicle, give to each
vehicle owner or operator a written disclosure providing: (1) The formal business name of the commercial | ||
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(2) The address of the location to which the vehicle | ||
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(3) The cost of all relocation, storage, and any | ||
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(4) An itemized description of the vehicle owner or | ||
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"As a customer, you also have the following rights
under Illinois law: (1) This written disclosure must be provided to you | ||
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(2) Before towing, you must be advised of the price | ||
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(3) Upon your demand, a final invoice itemizing all | ||
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(4) Upon your demand, your vehicle must be returned | ||
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(5) You have the right to pay all charges in cash | ||
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(6) Upon your demand, you must be provided with | ||
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(c) The commercial vehicle safety relocator shall
provide a copy of the completed disclosure required by this
Section to the vehicle owner or operator, before towing the
damaged or disabled vehicle, and shall maintain an identical
copy of the completed disclosure in its records for a minimum
of 5 years after the transaction concludes. (d) If the vehicle owner or operator is incapacitated,
incompetent, or otherwise unable to knowingly accept receipt of
the disclosure described in this Section, the commercial
vehicle safety relocator shall provide a completed copy of
the disclosure to local law enforcement and, if known, the
vehicle owner or operator's automobile insurance company. (e) If the commercial vehicle safety relocator fails
to comply with the requirements of this Section, the commercial
vehicle safety relocator shall be prohibited from seeking
any compensation whatsoever from the vehicle owner or operator,
including but not limited to any towing, storage, or other
incidental fees. Furthermore, if the commercial vehicle
safety relocator or operator fails to comply with the requirements of
this Section, any contracts entered into by the commercial
vehicle safety relocator and the vehicle owner or operator
shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-125)
Sec. 18d-125. Disclosures to vehicle owners or operators;
invoices. (a) Upon demand of the vehicle owner or operator, the
commercial vehicle safety relocator shall provide an
itemized final invoice that fairly and accurately documents the
charges owed by the vehicle owner or operator for relocation of
damaged or disabled vehicles. The final estimate or invoice
shall accurately record in writing all of the items set forth
in this Section. (b) The final invoice shall show the formal business name
of the commercial vehicle safety relocator, as
registered with the Illinois Secretary of State, its business
address and telephone number, the date of the invoice, the
odometer reading at the time the final invoice was prepared,
the name of the vehicle owner or operator, and the description
of the motor vehicle, including the motor vehicle
identification number. In addition, the invoice shall describe
any modifications made to the vehicle by the commercial vehicle
safety relocator, any observable damage to the vehicle
upon its initial receipt by the commercial vehicle safety relocator,
and any observable damage to the vehicle at the time
of its release to the vehicle owner or operator. The invoice
shall itemize any additional charges and include those charges
in the total presented to the vehicle owner or operator. (c) A legible copy of the invoice shall be given to the
vehicle owner or operator, and a legible copy shall be retained
by the commercial vehicle safety relocator for a period of 5 years from
the date of release of the vehicle. The copy may be retained in
electronic format. Records may be stored at a separate
location. (d) Disclosure forms required in accordance with this Section 18d-120 must be approved by the Commission.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-130)
Sec. 18d-130. Disclosures to vehicle owners or operators;
required signs. Every commercial vehicle safety relocator's
storage facility that relocates or stores damaged or
disabled vehicles shall post, in a prominent place on the
business premises, one or more signs, readily visible to
customers, in the following form: YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE | ||
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2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE | ||
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3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A | ||
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4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR | ||
| ||
5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD. 6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF | ||
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The first line of each sign shall be in letters not less
than 1.5 inches in height, and the remaining lines shall be in
letters not less than one-half inch in height.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-135)
Sec. 18d-135. Record keeping. Every commercial vehicle
safety relocator engaged in relocation or storage of
damaged or disabled vehicles shall maintain copies of (i) all
disclosures provided to vehicle owners or operators as required
under this Chapter and (ii) all invoices provided to vehicle
owners or operators as required under this Chapter. The
copies may be maintained in an electronic format, shall be kept
for 5 years, and shall be available for inspection by the
Illinois Commerce Commission. Failure to provide requested documentation to the Illinois Commerce Commission within 3 business days of a request received from the Illinois Commerce Commission shall subject the commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-140)
Sec. 18d-140. Any vehicle used in connection with any commercial vehicle safety relocation service must have painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address, and telephone number of the safety relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-145)
Sec. 18d-145. Any vehicle used in connection with any commercial vehicle safety relocation service must carry in the power unit of the vehicle a certified copy of the currently effective safety relocator's registration certificate. Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process. Any person guilty of not causing to be displayed a copy of the safety relocator's registration certificate may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the registration certificate was issued by the Commission, but was subsequently lost or destroyed.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-150)
Sec. 18d-150. Waiver or limitation of liability
prohibited. (a) Commercial vehicle safety relocators engaged in
the relocation or storage of damaged or disabled vehicles shall
be prohibited from including a clause in contracts for the
relocation or storage of vehicles purporting to waive or limit
the commercial vehicle safety relocator's liability
under this Code, in tort or contract, or under any other
cognizable cause of action available to the vehicle owner or
operator. (b) Commercial vehicle safety relocators are
prohibited from requiring the vehicle owner or operator to sign
or agree to any document purporting to waive or limit the
commercial vehicle safety relocator's liability under
this Code, in tort or contract, or under any other cognizable
cause of action available to the vehicle owner or operator. (c) Any contract, release, or other document purporting to
waive or limit the commercial vehicle safety relocator's
liability under this Code, in tort or contract, or under any
other cognizable cause of action available to the vehicle owner
or operator, shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-153) Sec. 18d-153. Misrepresentation of affiliation. It shall be unlawful for any tower to misrepresent an affiliation with the State, a unit of local government, an insurance company, a private club, or any other entity, or falsely claim to be included on a law enforcement agency's tow rotation list maintained under Section 4-203.5 of this Code, for the purpose of securing a business transaction with a vehicle owner or operator.
(Source: P.A. 99-438, eff. 1-1-16.) |
(625 ILCS 5/18d-155)
Sec. 18d-155. The Illinois Commerce Commission may request documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter. Failure to comply with any Section of this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-160)
Sec. 18d-160. Unlawful practice. Any commercial vehicle
safety relocator engaged in the relocation or storage of
damaged or disabled vehicles who fails to comply with Sections
18d-115, 18d-120, 18d-125, 18d-130, 18d-135, 18d-150, or 18d-153 of this Code
commits an unlawful practice within the meaning of the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-562, eff. 7-1-08; 96-1369, eff. 1-1-11.) |
(625 ILCS 5/18d-165)
Sec. 18d-165. Charges payable in cash or by major credit
card. Any towing or storage charges accrued by the vehicle
owner or operator shall be payable by the use of any major
credit card, in addition to being payable in cash.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-170)
Sec. 18d-170. Mandatory insurance coverage. (a) A commercial vehicle safety relocator shall
provide insurance coverage for all risks associated with the
transportation of vehicles towed under this Chapter, as well as
for areas where vehicles towed under this Chapter are impounded
or otherwise stored, and shall adequately cover loss by fire,
theft, or other risks. (b) Upon the demand of the vehicle owner or operator, a
commercial vehicle safety relocator shall promptly supply
proof of the existence of this insurance. (c) Any person who fails to comply with the conditions and
restrictions of this subsection shall be fined not less than $100 nor more than
$500.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-175)
Sec. 18d-175. Disposition of funds. All fees and fines collected by the Commission under this Chapter shall be paid into the Transportation Regulatory Fund in the State treasury. The money in that fund shall be used to defray the expenses of the administration of this Chapter.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-180)
Sec. 18d-180. The provisions of this Chapter apply to all the activities of safety relocators in any jurisdiction to which Chapter 18a of this Code applies in accordance with Section 18a-700.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/Ch. 20 heading) CHAPTER 20.
MISCELLANEOUS PROVISIONS,
EFFECT OF ACT AND REPEAL OF NAMED ACTS
|
(625 ILCS 5/18d-185) Sec. 18d-185. Consumer complaints against safety relocators. The Commission shall post a notice of the administrative citations issued to a safety relocator and the disposition of the administrative citation on its website.(Source: P.A. 103-199, eff. 1-1-24.) |
(625 ILCS 5/Ch. 20 Art. I heading) ARTICLE I.
DISTRIBUTION OF FEES AND TAXES
|
(625 ILCS 5/20-101) (from Ch. 95 1/2, par. 20-101)
Sec. 20-101.
Moneys derived from registration, operation and use of
automobiles and from fuel taxes - Use. From and after the effective date
of this Act, except as provided in Section 3-815.1 of this Code, no public
moneys derived from fees, excises or license
taxes relating to registration, operation and use of vehicles on public
highways or to fuels used for the propulsion of such vehicles, shall be
appropriated or expended other than for costs of administering the laws
imposing such fees, excises and license taxes, statutory refunds and
adjustments allowed thereunder, administrative costs of the
Department of Transportation, payment of
debts and liabilities incurred in construction and reconstruction of
public highways and bridges, acquisition of rights-of-way for, and the
cost of construction, reconstruction, maintenance, repair and operation
of public highways and bridges under the direction and supervision of
the State, political subdivision or municipality collecting such moneys,
and the costs for patrolling and policing the public highways (by the
State, political subdivision or municipality collecting such money) for
enforcement of traffic laws; provided, that such
moneys may be used for the retirement of and interest on bonds
heretofore issued for purposes other than the construction of public
highways or bridges but not to a greater extent, nor a greater length of
time, than is provided in acts heretofore adopted and now in force.
Further the separation of grades of such highways with railroads and costs
associated with protection of at-grade highway and railroad crossings shall
also be permissible.
(Source: P.A. 93-23, eff. 6-20-03.)
|
(625 ILCS 5/Ch. 20 Art. II heading) ARTICLE II.
EFFECT OF ACT
|
(625 ILCS 5/20-201) (from Ch. 95 1/2, par. 20-201)
Sec. 20-201.
Effect of headings.
Chapter, Article and Section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any Chapter, Article or Section
hereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/20-201.1) (from Ch. 95 1/2, par. 20-201.1)
Sec. 20-201.1.
Gender.
When used in this Code, words importing the
masculine may be applied to females and vice versa.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-201.2) (from Ch. 95 1/2, par. 20-201.2)
Sec. 20-201.2.
Number.
When used in this Code, words importing the
singular may extend and be applied to several persons or things, and words
importing the plural number may include singular.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-201.3) (from Ch. 95 1/2, par. 20-201.3)
Sec. 20-201.3.
Tense.
When used in this Code, words importing the present
tense may include the future and vice versa.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
Sec. 20-202. Act not retroactive. This Act shall not have a retroactive effect and shall not apply to
any traffic crash, to a cause of action arising out of a traffic
crash or judgment arising therefrom, or to any violation of the laws
of this State, occurring prior to the effective date of this Act.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/20-203) (from Ch. 95 1/2, par. 20-203)
Sec. 20-203.
Constitutionality.
If any part or parts of this Act shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity
of the remaining parts of this Act. The legislature hereby declares that
it would have passed the remaining parts of this Act if it had known
that such part or parts thereof would be declared unconstitutional.
(Source: P.A. 76-1586.)
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(625 ILCS 5/20-204) (from Ch. 95 1/2, par. 20-204)
Sec. 20-204.
A county or the corporate authorities of a municipality may adopt all or any
portion of this Illinois Vehicle Code by reference.
(Source: P.A. 96-655, eff. 1-1-10.)
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(625 ILCS 5/20-205) Sec. 20-205. Use of current documents. A State agency may exhaust any copies of a form or document using "accident", in relation to automobile accidents, motor vehicle accidents, and traffic accidents before printing copies of a new version of the form or document that uses "crash" pursuant to the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/Ch. 20 Art. III heading) ARTICLE III.
REPEAL OF NAMED ACTS
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(625 ILCS 5/20-301) (from Ch. 95 1/2, par. 20-301)
Sec. 20-301.
Repeal.
The following acts are repealed:
(a) The "Illinois Vehicle Law", approved July 11, 1957, as amended.
(b) "AN ACT in relation to motor vehicles and to repeal a certain
act therein named", approved June 30, 1919, as amended.
(c) "AN ACT in relation to the issuance of insurance policies in
connection with certain transactions involving motor vehicles, and
providing a penalty for the violation thereof", approved July 7, 1955,
as amended.
(d) "AN ACT providing for the use of public money derived from fees,
excises, and license taxes relating to registration, operation and use
of vehicles on public highways, and fuels used for the propulsion of
such vehicles", approved July 21, 1947, as amended.
(e) The "Uniform Act Regulating Traffic on Highways", approved July
9, 1935, as amended.
(f) "AN ACT in relation to the prevention of the use of public
highways by vehicles exceeding prescribed weight limits", approved
August 6, 1949, as amended.
(g) "AN ACT relating to the operation of ambulances", approved July
25, 1963.
(h) "AN ACT to prevent the overloading of motor vehicles used in
transporting children", approved July 22, 1959, as amended.
(i) "AN ACT in relation to the sale of certain tires for use on
motor vehicles", approved July 9, 1955, as amended.
(j) The "Illinois Motor Carrier of Property Act", approved July 7,
1953, as amended.
(k) "AN ACT to create a Motor Vehicle Laws Commission, to define its
powers and duties, and to make an appropriation therefor", approved June
21, 1951, as amended.
(l) "AN ACT to authorize the Department of Public Safety to furnish
copies of traffic accident reports and be paid a fee therefor", approved
April 17, 1967.
(m) "AN ACT relating to the powers and duties of the Governor in
connection with the Federal Highway Safety Act of 1966", approved August
18, 1967.
(n) "AN ACT enacting and entering into the Driver Licenses Compact",
approved August 19, 1963, as amended.
(o) "AN ACT to adopt the Vehicle Equipment Safety Compact and to
provide for the administration thereof", approved August 19, 1963.
(Source: P.A. 85-293.)
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(625 ILCS 5/Ch. 20 Art. IV heading) ARTICLE IV.
SAVINGS CLAUSE AND EFFECTIVE DATE
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(625 ILCS 5/20-401) (from Ch. 95 1/2, par. 20-401)
Sec. 20-401. Saving provisions. The repeal of any Act by this
Chapter shall not affect any right accrued or liability incurred under
said repealed Act to the effective date hereof.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior Act, shall be construed as
a continuation of said prior Act. Any license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance or other instrument or document issued or filed or any deposit
made under any such prior Act and still in effect on the effective date
of this Act shall, except as otherwise specifically provided in this
Act, be deemed the equivalent of a license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance, or other instrument or document issued or filed or any
deposit made under this Act, and shall continue in effect until its
expiration or until suspended, revoked, cancelled or forfeited under
this Act.
Furthermore, when any section of any of the various laws or acts
repealed by this Act is amended by an Amendatory Act of the 76th General
Assembly, and such amended section becomes law prior to the effective
date of this Act, then it is the intent of the General Assembly that the
corresponding section of this Code and Act be construed so as to give
effect to such amendment as if it were made a part of this Code.
Should, however, any such Amendatory Act amend a definition of a word or
phrase in an act repealed by this Act, and such becomes law prior to the
effective date of this Act, it is the further intent of the General
Assembly that the corresponding section of this Code specifically
defining such word or phrase be construed so as to give effect to such
amendment, and if not specifically defined, that the corresponding
section of Chapter 1 of this Code be construed so as to give effect to
such amendment. In the event that a new section is added to an act
repealed by this Act by an Act of the 76th General Assembly, it is the
further intent of the General Assembly that this Code be construed as if
such were made a part of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/20-402) (from Ch. 95 1/2, par. 20-402)
Sec. 20-402.
Effective Date.
This Act is effective July 1, 1970.
(Source: P.A. 76-1586.)
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