|
Public Act 097-0763
|
| SB3409 Enrolled | LRB097 19923 HEP 65213 b |
|
|
AN ACT concerning transportation.
|
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 11-402 as follows:
|
(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
|
Sec. 11-402. Motor vehicle accident involving damage to |
vehicle. |
(a)
The driver of any vehicle involved in a motor vehicle |
accident
resulting only in damage to a vehicle which is driven |
or attended by any person shall
immediately stop such vehicle |
at the scene of such motor vehicle accident
or as close thereto |
as possible, but shall forthwith return to and in every event
|
shall remain at the scene of such motor vehicle accident until |
the
requirements of Section 11-403 have been fulfilled. A |
driver does not violate this Section if the driver moves the |
vehicle as soon as possible off the highway to the nearest safe |
location on an exit ramp shoulder, a frontage road, the nearest |
suitable cross street, or other suitable location that does not |
obstruct traffic and
remains at that location until the driver |
has fulfilled the requirements of Section 11-403. Every such |
stop
shall be made without obstructing traffic
more than is |
necessary. If a damaged vehicle is obstructing traffic lanes, |
|
the driver of the vehicle must make every reasonable effort to |
move the vehicle or have it moved so as not to block the |
traffic lanes.
|
Any person failing to comply with this Section shall be |
guilty of a Class
A misdemeanor.
|
(b) Upon conviction of a violation of this Section, the |
court shall make
a finding as to whether the damage to a |
vehicle is in excess of $1,000,
and in such case a statement of |
this finding shall be reported to the Secretary
of State with |
the report of conviction as required by Section 6-204 of this
|
Code. Upon receipt of such report of conviction and statement |
of finding
that the damage to a vehicle is in excess of $1,000, |
the Secretary of State
shall suspend the driver's license or |
any nonresident's driving privilege. |
(c) If any peace officer or highway authority official |
finds (i) a vehicle standing upon a highway or toll highway in |
violation of a prohibition, limitation, or restriction on |
stopping, standing, or parking imposed under this Code or (ii) |
a disabled vehicle that obstructs the roadway of a highway or |
toll highway, the peace officer or highway authority official |
is authorized to move the vehicle or to require the operator of |
the vehicle to move the vehicle to the shoulder of the road, to |
a position where parking is permitted, or to public parking or |
storage premises. The removal may be performed by, or under the |
direction of, the peace officer or highway authority official |
or may be contracted for by local authorities. After the |
|
vehicle has been removed, the peace officer or highway |
authority official shall follow appropriate procedures, as |
provided in Section 4-203 of this Code. |
(d) A towing service, its officers, and its employees are |
not liable for loss of or damages to any real or personal |
property that occurs as the result of the removal or towing of |
any vehicle under subsection (c), as provided in subsection (b) |
of Section 4-213.
|
(Source: P.A. 95-407, eff. 1-1-08.)
|