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Public Act 097-0830 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 11-605.1 and 12-610.1 as follows: | ||||
(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.
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(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.
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(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 determined 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 and has posted a lower speed limit with | ||
a highway construction or maintenance speed zone special speed | ||
limit sign . | ||
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.
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(d) 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 $750. | ||
(e) If a fine for a violation of this Section is $250 or | ||
greater, the person who violated this Section shall be charged |
an additional $125, which shall be deposited into the | ||
Transportation Safety Highway Hire-back Fund in the State | ||
treasury, unless (i) the violation occurred on a highway other | ||
than an interstate highway and (ii) a county police officer | ||
wrote the ticket for the violation, in which case the $125 | ||
shall be deposited into that county's Transportation Safety | ||
Highway Hire-back Fund. In the case of a second or subsequent | ||
violation of this Section, if the fine is $750 or greater, the | ||
person who violated this Section shall be charged an additional | ||
$250, which shall be deposited into the Transportation Safety | ||
Highway Hire-back Fund in the State treasury, unless (i) the | ||
violation occurred on a highway other than an interstate | ||
highway and (ii) a county police officer wrote the ticket for | ||
the violation, in which case the $250 shall be deposited into | ||
that county's Transportation Safety Highway Hire-back Fund.
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(e-5) The Department of State Police and the local county | ||
police department have concurrent jurisdiction over any | ||
violation of this Section that occurs on an interstate highway.
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(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 | ||
Department of 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 all 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.
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(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.
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(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.) | ||
(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.
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(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.
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(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.
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(e) A person, regardless of age, may not use a wireless
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telephone at any time while operating a motor vehicle on a | ||
roadway in a school speed
zone established under Section | ||
11-605, or on a highway in a construction or
maintenance speed | ||
zone established under Section 11-605.1.
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, or (iv) | ||
to a person using a wireless telephone in voice-operated mode, | ||
which may include the use of a headset, or (v) to a person | ||
using a wireless telephone by pressing a single button to | ||
initiate or terminate a voice communication. voice-activated | ||
mode. | ||
(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, | ||
eff. 8-21-08; 96-131, eff. 1-1-10.)
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