State of Illinois
90th General Assembly
Legislation

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90_HB2440

      625 ILCS 5/12-215         from Ch. 95 1/2, par. 12-215
          Amends the Illinois  Vehicle  Code  to  allow  a  propane
      delivery   truck  to  use  amber  oscillating,  rotating,  or
      flashing lights.
                                                     LRB9007985NTsb
                                               LRB9007985NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 12-215.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 12-215 as follows:
 7        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
 8        Sec. 12-215.  Oscillating, rotating or flashing lights on
 9    motor vehicles. Except as otherwise provided in this Code:
10        (a)  The  use  of  red  or white oscillating, rotating or
11    flashing lights, whether lighted or unlighted, is  prohibited
12    except on:
13             1.  Law  enforcement  vehicles  of State, Federal or
14        local authorities;
15             2.  A vehicle operated by a police officer or county
16        coroner   and   designated   or   authorized   by   local
17        authorities, in writing, as a  law  enforcement  vehicle;
18        however,   such  designation  or  authorization  must  be
19        carried in the vehicle;
20             3.  Vehicles of local fire departments and State  or
21        federal firefighting vehicles;
22             4.  Vehicles which are designed and used exclusively
23        as  ambulances  or  rescue  vehicles;  furthermore,  such
24        lights  shall not be lighted except when responding to an
25        emergency call for and while actually conveying the  sick
26        or injured; and
27             5.  Tow  trucks  licensed  in  a state that requires
28        such  lights;  furthermore,  such  lights  shall  not  be
29        lighted on any such tow truck  while  the  tow  truck  is
30        operating in the State of Illinois.
31        (b)  The  use  of amber oscillating, rotating or flashing
                            -2-                LRB9007985NTsb
 1    lights, whether lighted or unlighted,  is  prohibited  except
 2    on:
 3             1.  Second  division  vehicles designed and used for
 4        towing or hoisting  vehicles;  furthermore,  such  lights
 5        shall not be lighted except as required in this paragraph
 6        1;  such  lights  shall be lighted when such vehicles are
 7        actually being used  at  the  scene  of  an  accident  or
 8        disablement;  if  the  towing  vehicle is equipped with a
 9        flat bed that supports all wheels of  the  vehicle  being
10        transported,  the  lights  shall not be lighted while the
11        vehicle is engaged in towing on a highway; if the  towing
12        vehicle is not equipped with a flat bed that supports all
13        wheels  of  a vehicle being transported, the lights shall
14        be lighted while the towing vehicle is engaged in  towing
15        on  a highway during all times when the use of headlights
16        is required under Section 12-201 of this Code;
17             2.  Motor vehicles or  equipment  of  the  State  of
18        Illinois, local authorities and contractors; furthermore,
19        such  lights  shall  not  be  lighted  except  while such
20        vehicles  are  engaged  in  maintenance  or  construction
21        operations within the limits of construction projects;
22             3.  Vehicles or equipment  used  by  engineering  or
23        survey  crews;  furthermore,  such  lights  shall  not be
24        lighted except while such vehicles are  actually  engaged
25        in work on a highway;
26             4.  Vehicles of public utilities, municipalities, or
27        other  construction,  maintenance  or  automotive service
28        vehicles except that such lights shall be lighted only as
29        a means  for  indicating  the  presence  of  a  vehicular
30        traffic  hazard  requiring  unusual  care in approaching,
31        overtaking or passing while such vehicles are engaged  in
32        maintenance, service or construction on a highway;
33             5.  Oversized  vehicle or load; however, such lights
34        shall only be lighted when moving under permit issued  by
                            -3-                LRB9007985NTsb
 1        the Department under Section 15-301 of this Code;
 2             6.  The  front and rear of motorized equipment owned
 3        and operated by the State of Illinois  or  any  political
 4        subdivision  thereof,  which  is  designed  and  used for
 5        removal of snow and ice from highways;
 6             7.  Fleet  safety  vehicles  registered  in  another
 7        state, furthermore, such  lights  shall  not  be  lighted
 8        except as provided for in Section 12-212 of this Code;
 9             8.  Such  other  vehicles  as  may  be authorized by
10        local authorities;
11             9.  Law  enforcement  vehicles  of  State  or  local
12        authorities   when   used   in   combination   with   red
13        oscillating, rotating or flashing lights;
14             10.  Vehicles used for collecting or delivering mail
15        for the United States Postal Service provided  that  such
16        lights shall not be lighted except when such vehicles are
17        actually being used for such purposes;
18             11.  Any  vehicle  displaying  a slow-moving vehicle
19        emblem as provided in Section 12-205.1;
20             12.  All trucks  equipped  with  self-compactors  or
21        roll-off  hoists  and  roll-on  containers for garbage or
22        refuse hauling.  Such lights shall not be lighted  except
23        when  such  vehicles  are  actually  being  used for such
24        purposes;
25             13.  Vehicles used  by  a  security  company,  alarm
26        responder,  or  control  agency, if the security company,
27        alarm responder, or control agency is bound by a contract
28        with a federal, State, or local government entity to  use
29        the lights; and
30             14.  Security  vehicles  of  the Department of Human
31        Services; however, the lights shall not be lighted except
32        when being used for security related purposes  under  the
33        direction of the superintendent of the facility where the
34        vehicle is located; and.
                            -4-                LRB9007985NTsb
 1             15.  Propane  delivery  trucks,  provided that these
 2        lights may not be lighted  except  when  the  vehicle  is
 3        actually being used for propane delivery.
 4        Nothing  in  this  subsection  (b)  shall be construed to
 5    require a propane delivery truck to  use  amber  oscillating,
 6    rotating, or flashing lights.
 7        (c)  The  use  of  blue oscillating, rotating or flashing
 8    lights, whether lighted or unlighted is prohibited except:
 9             1.  On vehicles owned or fully operated by a:
10                  voluntary firefighter;
11                  paid firefighter;
12                  part-paid firefighter;
13                  call firefighter;
14                  member of the  board  of  trustees  of  a  fire
15             protection district;
16                  paid or unpaid member of a rescue squad;
17                  paid  or unpaid member of a voluntary ambulance
18             unit;
19                  rescue squad  vehicles  not  owned  by  a  fire
20             department.
21             However,  such  lights  are not to be lighted except
22        when responding to a bona fide emergency.
23             2.  Police department vehicles in  cities  having  a
24        population of 500,000 or more inhabitants.
25             3.  Law  enforcement  vehicles  of  State  or  local
26        authorities   when   used   in   combination   with   red
27        oscillating, rotating or flashing lights.
28             4.  Vehicles  of local fire departments and State or
29        federal firefighting vehicles when  used  in  combination
30        with red oscillating, rotating or flashing lights.
31             5.  Vehicles which are designed and used exclusively
32        as ambulances or rescue vehicles when used in combination
33        with   red  oscillating,  rotating  or  flashing  lights;
34        furthermore, such lights shall not be lighted except when
                            -5-                LRB9007985NTsb
 1        responding to an emergency call.
 2             6.  Vehicles that are equipped and used  exclusively
 3        as organ transport vehicles when used in combination with
 4        red    oscillating,   rotating,   or   flashing   lights;
 5        furthermore, these lights shall only be lighted when  the
 6        transportation  is  declared  an emergency by a member of
 7        the transplant team or  a  representative  of  the  organ
 8        procurement organization.
 9        (d)  The   use  of  a  combination  of  amber  and  white
10    oscillating, rotating or flashing lights, whether lighted  or
11    unlighted,  is prohibited, except motor vehicles or equipment
12    of the State of Illinois, local authorities  and  contractors
13    may  be  so  equipped;  furthermore, such lights shall not be
14    lighted except while such vehicles  are  engaged  in  highway
15    maintenance  or  construction operations within the limits of
16    highway construction projects.
17        (e)  All  oscillating,  rotating   or   flashing   lights
18    referred to in this Section shall be of sufficient intensity,
19    when  illuminated,  to  be  visible  at  500  feet  in normal
20    sunlight.
21        (f)  Nothing   in   this   Section   shall   prohibit   a
22    manufacturer of oscillating, rotating or flashing  lights  or
23    his representative from temporarily mounting such lights on a
24    vehicle for demonstration purposes only.
25        (g)  Any  person  violating the provisions of subsections
26    (a), (b), (c) or (d)  of  this  Section  who  without  lawful
27    authority  stops  or  detains  or  attempts to stop or detain
28    another person shall be guilty of a Class 4 felony.
29        (h)  Except as provided  in  subsection  (g)  above,  any
30    person  violating the provisions of subsections (a) or (c) of
31    this Section shall be guilty of a Class A misdemeanor.
32    (Source: P.A. 89-433, eff.  12-15-95;  89-507,  eff.  7-1-97;
33    90-330, eff. 8-8-97; 90-347, eff. 1-1-98; revised 10-27-97.)

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