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| Public Act 096-0072 |
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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 11-1301.2 and 11-1301.3 as follows:
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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Sec. 11-1301.2. Special decals for a person with | ||||
disabilities parking.
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(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.
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The application shall
include the requirement of an Illinois | ||||
Identification Card number or a State
of Illinois driver's | ||||
license number.
This decal or device shall be the property of | ||||
such
person with disabilities and may be used by the authorized | ||||
holder that person to designate and identify a vehicle not | ||
owned or displaying a
registration plate as provided in | ||
Sections 3-609, 3-609.01, 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.
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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 temporary disability as | ||
defined in Section 1-159.1 of this
Code.
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(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.
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(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
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Secretary of
State.
The written request must include a | ||
justification of the need for the
additional decal or device.
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(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 | ||
Disabled Persons Property Tax Relief and Pharmaceutical
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Assistance Act.
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(Source: P.A. 95-167, eff. 1-1-08.)
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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 or 3-609.01 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 or 3-609.01 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% 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.
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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 | ||
or 3-609.01 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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(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. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06; | ||
95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, eff. | ||
8-21-08.)
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