Public Act 93-0344

HB3063 Enrolled                      LRB093 09094 DRH 09326 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Section 12-301 as follows:

    (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
    cycle and an antique vehicle displaying an antique plate,
    when  operated  upon  a  highway  shall  be equipped with
    brakes adequate to control the movement of  and  to  stop
    and  hold  such  vehicle,  including  2 separate means of
    applying  the  brakes,  each  of  which  means  shall  be
    effective to apply the brakes to at least one wheel on  a
    motorcycle  and  at  least  2  wheels  on all other first
    division  and  second  division  vehicles.  If  these   2
    separate  means  of  applying the brakes are connected in
    any way, they shall be so constructed that failure of any
    one part of the operating mechanism shall not  leave  the
    motor vehicle without brakes.
         2.  Every  motor-driven  cycle  when operated upon a
    highway shall be equipped with at least one  brake  which
    may be operated by hand or foot.
         3.  Every antique vehicle shall be equipped with the
    brakes  of  the  same  type  originally  installed by the
    manufacturer as original equipment and in working order.
         4.  Except  as  provided  in  paragraph  4.1,  every
    trailer or semitrailer of a gross weight  of  over  3,000
    pounds,  when  operated  upon  a highway must be equipped
    with brakes adequate to control the movement of, to  stop
    and  to  hold  such  vehicle,  and  designed  so as to be
    operable by the driver of the  towing  vehicle  from  its
    cab.  Such  brakes must be so designed and connected that
    in case of an accidental breakaway  of  a  towed  vehicle
    over 5,000 pounds, the brakes are automatically applied.
         4.1.  Every  boat  trailer of a gross weight of over
    3,000 pounds, when  operated  upon  a  highway,  must  be
    equipped with brakes adequate to control the movement of,
    to  stop,  and to hold that boat trailer. The brakes must
    be designed to ensure that,  in  case  of  an  accidental
    breakaway  of a towed boat trailer over 5,000 pounds, the
    brakes are automatically applied.
         5.  Every motor vehicle, trailer,  pole  trailer  or
    semitrailer,  sold  in  this  State  or operated upon the
    highways shall be equipped with service brakes  upon  all
    wheels  of  every  such  vehicle, except any motor-driven
    cycle, and except  that  any  trailer,  pole  trailer  or
    semitrailer 3,000 pounds gross weight or less need not be
    equipped  with  brakes,  and  except  that any trailer or
    semitrailer with gross weight over 3,000 pounds but under
    5,001 pounds need be equipped with  brakes  on  only  one
    wheel on each side of the vehicle.  Any motor vehicle and
    truck  tractor  having  3  or more axles and manufactured
    prior to July 25, 1980 need not have brakes on the  front
    wheels,  except  when  such vehicles are equipped with at
    least 2 steerable axles, the wheels of one such axle need
    not be equipped with brakes. However, a vehicle  that  is
    more  than  30  years  of  age and which is driven on the
    highways only in going to and returning from  an  antique
    auto show or for servicing or for a demonstration need be
    equipped with 2 wheel brakes only.
    (b)  Performance ability of brakes.
         1.  The  service  brakes  upon  any motor vehicle or
    combination of vehicles  operating  on  a  level  surface
    shall  be  adequate to stop such vehicle or vehicles when
    traveling 20 miles per hour within a distance of 30  feet
    when  upon  dry asphalt or concrete pavement surface free
    from loose material.
         2.  Under the above conditions the hand brake  shall
    be  adequate to stop such vehicle or vehicles, except any
    motorcycle, within a distance of 55  feet  and  the  hand
    brake  shall be adequate to hold such vehicle or vehicles
    stationary on any grade upon which operated.
         3.  Under the above conditions  the  service  brakes
    upon  an  antique  vehicle  shall be adequate to stop the
    vehicle within a distance of 40 feet and the  hand  brake
    adequate  to  stop  the  vehicle  within a distance of 55
    feet.
         4.  All braking distances specified in this  Section
    apply  to  all  vehicles mentioned, whether such vehicles
    are unloaded  or  are  loaded  to  the  maximum  capacity
    permitted under this Act.
         5.  All  brakes  shall be maintained in good working
    order and shall be so adjusted as to operate  as  equally
    as  practicable  with  respect  to the wheels on opposite
    sides of the vehicle.
         6.  Brake assembly  requirements  for  mobile  homes
    shall  be  the  standards  required  by the United States
    Department of Housing and Urban Development adopted under
    Title VI of the Housing and Community Development Act  of
    1974.
    (c)  For  purposes  of  this Section, a custom vehicle or
street rod is considered to be in compliance with  all  brake
equipment  requirements if it has passed the approved vehicle
safety inspection provided for in Section 3-804.1 or 3-804.2.
(Source: P.A. 92-668, eff. 1-1-03.)

Effective Date: 01/01/04