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| Public Act 095-0430 |
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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 | ||||
Section 11-1301.3 as follows:
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(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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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 | ||||
disabled veteran pursuant to Section 3-609 of this Act, as | ||||
evidence that the
vehicle is operated by or for a person with | ||||
disabilities or disabled veteran,
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
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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.
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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,
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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.
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(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 disabled veteran 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.
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(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.
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(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
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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.
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(c-1) Any person found guilty of violating the provisions | ||
of subsection (a-1) a first time shall be fined $500. Any | ||
person found guilty of violating subsection (a-1) a second time | ||
shall be fined $750, and the Secretary of State may revoke the | ||
person's driving privileges or suspend those privileges for a | ||
period of time to be determined by the Secretary. Any person | ||
found guilty of violating subsection (a-1) a third or | ||
subsequent time shall be fined $1,000, and the Secretary of | ||
State may revoke the person's driving privileges or suspend | ||
those privileges for a period of time to be determined by the | ||
Secretary. The Secretary of State may also revoke the | ||
disability license plates or parking decal or device of a | ||
person violating subsection (a-1) a third or subsequent time or | ||
may suspend the person's disability license plates or parking | ||
decal or device for a period of time to be determined by the | ||
Secretary of State. The circuit clerk shall distribute 50%
$250 | ||
of the $500 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
$250 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.
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(d) Local authorities shall impose fines as established in | ||
subsections
(c) and (c-1) for violations of this Section.
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(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 disabled veteran's license plate under Section 3-609 | ||
of this Code. | ||
(f) Any person who commits a violation of subsection (a-1) | ||
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. 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.
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(Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
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