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Public Act 098-0337
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| HB1814 Enrolled | LRB098 05716 MLW 35755 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-605.1 as follows:
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(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 when workers are present.
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(a-5) 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 when workers are not present. |
(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 |
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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 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. |
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 |
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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 |
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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.
This suspension shall only be
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imposed if the current violation of this Section and at least |
one prior violation of this Section
occurred during a period |
when workers were present in the
construction or maintenance |
zone.
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(Source: P.A. 97-830, eff. 1-1-13.)
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