Public Act 90-0106 of the 90th General Assembly
Public Act 90-0106
SB951 Enrolled LRB9002753NTsbB
AN ACT concerning vehicles, amending a named Act.
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 Sections 2-111, 3-704, 6-206, 11-208, 11-209,
11-1301.1, 11-1301.2, and 11-1301.3 and adding Sections
11-1301.5 and 11-1301.6 as follows:
(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
Sec. 2-111. Seizure of documents and plates. The
Secretary of State is authorized to take possession of any
certificate of title, registration card, permit, license,
registration plate, plates, person with disabilities license
plate or parking decal or device, or registration sticker
issued by him upon expiration, revocation, cancellation or
suspension thereof, or which is fictitious, or which has been
unlawfully or erroneously issued. Police officers who have
reasonable grounds to believe that any item or items listed
in this section should be seized shall request the Secretary
of State to take possession of such item or items.
(Source: P.A. 82-433.)
(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
Sec. 3-704. Authority of Secretary of State to suspend or
revoke a registration or certificate of title. The
Secretary of State may suspend or revoke the registration of
a vehicle or a certificate of title, registration card,
registration sticker, registration plate, person with
disabilities parking decal or device, or any nonresident or
other permit in any of the following events:
1. When the Secretary of State is satisfied that such
registration or that such certificate, card, plate,
registration sticker or permit was fraudulently or
erroneously issued;
2. When a registered vehicle has been dismantled or
wrecked or is not properly equipped;
3. When the Secretary of State determines that any
required fees have not been paid to either the Secretary of
State or the Illinois Commerce Commission and the same are
not paid upon reasonable notice and demand;
4. When a registration card, registration plate,
registration sticker or permit is knowingly displayed upon a
vehicle other than the one for which issued;
5. When the Secretary of State determines that the owner
has committed any offense under this Chapter involving the
registration or the certificate, card, plate, registration
sticker or permit to be suspended or revoked;
6. When the Secretary of State determines that a vehicle
registered not-for-hire is used or operated for-hire
unlawfully, or used or operated for purposes other than those
authorized;
7. When the Secretary of State determines that an owner
of a for-hire motor vehicle has failed to give proof of
financial responsibility as required by this Act;
8. When the Secretary determines that the vehicle is not
subject to or eligible for a registration;
9. When the Secretary determines that the owner of a
vehicle registered under the mileage weight tax option fails
to maintain the records specified by law, or fails to file
the reports required by law, or that such vehicle is not
equipped with an operable and operating speedometer or
odometer; or
10. When the Secretary of State is so authorized under
any other provision of law; or.
11. When the Secretary of State determines that the
holder of a person with disabilities parking decal or device
has committed any offense under Chapter 11 of this Code
involving the use of a person with disabilities parking decal
or device.
(Source: P.A. 80-230.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license was invalid
under the provisions of Section 6-110. Provided that for
the first offense the Secretary of State may suspend the
driver's license for not more than 60 days, for the
second offense not more than 90 days, and for the third
offense not more than one year;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Beginning on January 1, 1991, has refused to
submit to a test as required by Section 11-501.6 or has
submitted to a test resulting in an alcohol concentration
of 0.10 or more or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption
of cannabis as listed in the Cannabis Control Act or a
controlled substance as listed in the Illinois Controlled
Substances Act in which case the penalty shall be as
prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years; or
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance;.
34. Has committed a violation of Section 11-1301.5
of this Code; or
35. Has committed a violation of Section 11-1301.6
of this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary
of State in like manner and for like cause as a driver's
license issued under this Code may be cancelled, revoked,
or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and
highways under their jurisdiction and within the reasonable
exercise of the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Section 11-1306 of this Act;
2. Regulating traffic by means of police officers
or traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways;
4. Designating particular highways as one-way
highways and requiring that all vehicles thereon be moved
in one specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all
vehicles to stop or yield the right-of-way at one or more
entrances to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles and
requiring the registration and licensing of same,
including the requirement of a registration fee;
9. Regulating or prohibiting the turning of
vehicles or specified types of vehicles at intersections;
10. Altering the speed limits as authorized in
Section 11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal
operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by
Section 1-159.1, or disabled veterans by any person using
a motor vehicle not bearing registration plates specified
in Section 11-1301.1 or a special decal or device as
defined in Section 11-1301.2 as evidence that the vehicle
is operated by or for a person with disabilities or
disabled veteran; or
15. Adopting such other traffic regulations as are
specifically authorized by this Code.
(b) No ordinance or regulation enacted under subsections
1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
effective until signs giving reasonable notice of such local
traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more
inhabitants from prohibiting any person from driving or
operating any motor vehicle upon the roadways of such
municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(Source: P.A. 88-685, eff. 1-24-95.)
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties -
Contract with school boards, hospitals, churches, condominium
complex unit owners' associations, and shopping center and
apartment complex owners for regulation of traffic.
(a) The corporate authorities of any municipality or the
county board of any county, and a school board, hospital,
church, condominium complex unit owners' association, or
owner of any shopping center or apartment complex which
controls a parking area located within the limits of the
municipality, or outside the limits of the municipality and
within the boundaries of the county, may, by contract,
empower the municipality or county to regulate the parking of
automobiles and the traffic at such parking area. Such
contract shall empower the municipality or county to
accomplish all or any part of the following:
1. The erection of stop signs, flashing signals,
person with disabilities parking area signs or yield
signs at specified locations in a parking area and the
adoption of appropriate regulations thereto pertaining,
or the designation of any intersection in the parking
area as a stop intersection or as a yield intersection
and the ordering of like signs or signals at one or more
entrances to such intersection, subject to the provisions
of this Chapter.
2. The prohibition or regulation of the turning of
vehicles or specified types of vehicles at intersections
or other designated locations in the parking area.
3. The regulation of a crossing of any roadway in
the parking area by pedestrians.
4. The designation of any separate roadway in the
parking area for one-way traffic.
5. The establishment and regulation of loading
zones.
6. The prohibition, regulation, restriction or
limitation of the stopping, standing or parking of
vehicles in specified areas of the parking area.
7. The designation of safety zones in the parking
area and fire lanes.
8. Providing for the removal and storage of
vehicles parked or abandoned in the parking area during
snowstorms, floods, fires, or other public emergencies,
or found unattended in the parking area, (a) where they
constitute an obstruction to traffic, or (b) where
stopping, standing or parking is prohibited, and for the
payment of reasonable charges for such removal and
storage by the owner or operator of any such vehicle.
9. Providing that the cost of planning,
installation, maintenance and enforcement of parking and
traffic regulations pursuant to any contract entered into
under the authority of this paragraph (a) of this Section
be borne by the municipality or county, or by the school
board, hospital, church, property owner, apartment
complex owner, or condominium complex unit owners'
association, or that a percentage of the cost be shared
by the parties to the contract.
10. Causing the installation of parking meters on
the parking area and establishing whether the expense of
installing said parking meters and maintenance thereof
shall be that of the municipality or county, or that of
the school board, hospital, church, condominium complex
unit owners' association, shopping center or apartment
complex owner. All moneys obtained from such parking
meters as may be installed on any parking area shall
belong to the municipality or county.
11. Causing the installation of parking signs in
accordance with Section 11-301 in areas of the parking
lots covered by this Section and where desired by the
person contracting with the appropriate authority listed
in paragraph (a) of this Section, indicating that such
parking spaces are reserved for persons with
disabilities.
12. Contracting for such additional reasonable
rules and regulations with respect to traffic and parking
in a parking area as local conditions may require for the
safety and convenience of the public or of the users of
the parking area.
(b) No contract entered into pursuant to this Section
shall exceed a period of 20 years. No lessee of a shopping
center or apartment complex shall enter into such a contract
for a longer period of time than the length of his lease.
(c) Any contract entered into pursuant to this Section
shall be recorded in the office of the recorder in the county
in which the parking area is located, and no regulation made
pursuant to the contract shall be effective or enforceable
until 3 days after the contract is so recorded.
(d) At such time as parking and traffic regulations have
been established at any parking area pursuant to the contract
as provided for in this Section, then it shall be a petty
offense for any person to do any act forbidden or to fail to
perform any act required by such parking or traffic
regulation. If the violation is the parking in a parking
space reserved for persons with disabilities under paragraph
(11) of this Section, by a person without special
registration plates issued to a person with disabilities, as
defined by Section 1-159.1, pursuant to Section 3-616 of this
Code, or to a disabled veteran pursuant to Section 3-609 of
this Code, the local police of the contracting corporate
municipal authorities shall issue a parking ticket to such
parking violator and issue a fine in accordance with Section
11-1301.3.
(e) The term "shopping center", as used in this Section,
means premises having one or more stores or business
establishments in connection with which there is provided on
privately-owned property near or contiguous thereto an area,
or areas, of land used by the public as the means of access
to and egress from the stores and business establishments on
such premises and for the parking of motor vehicles of
customers and patrons of such stores and business
establishments on such premises.
(f) The term "parking area", as used in this Section,
means an area, or areas, of land near or contiguous to a
school, church, or hospital building, shopping center,
apartment complex, or condominium complex, but not the public
highways or alleys, and used by the public as the means of
access to and egress from such buildings and the stores and
business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping
center owner", and "apartment complex owner", as used in this
Section, mean the actual legal owner of the shopping center
parking area or apartment complex, the trust officer of a
banking institution having the right to manage and control
such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners'
association", as used in this Section, means a "unit owners'
association" as defined in Section 2 of the Condominium
Property Act.
(h) The term "fire lane", as used in this Section, means
travel lanes for the fire fighting equipment upon which there
shall be no standing or parking of any motor vehicle at any
time so that fire fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this
Section, means premises having one or more apartments in
connection with which there is provided on privately-owned
property near or contiguous thereto an area, or areas, of
land used by occupants of such apartments or their guests as
a means of access to and egress from such apartments or for
the parking of motor vehicles of such occupants or their
guests.
(j) The term "condominium complex", as used in this
Section, means the units, common elements, and limited common
elements that are located on the parcels, as those terms are
defined in Section 2 of the Condominium Property Act.
(k) The provisions of this Section shall not be deemed
to prevent local authorities from enforcing, on private
property, local ordinances imposing fines, in accordance with
Section 11-1301.3, as penalties for use of any parking place
reserved for persons with disabilities, as defined by Section
1-159.1, or disabled veterans by any person using a motor
vehicle not bearing registration plates specified in Section
11-1301.1 or a special decal or device as defined in Section
11-1301.2 as evidence that the vehicle is operated by or for
a person with disabilities or disabled veteran.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking
privileges - Exemptions. A motor vehicle bearing registration
plates issued to a person with disabilities, as defined by
Section 1-159.1, pursuant to Section 3-616 or to a disabled
veteran pursuant to Section 3-609 or a special decal or
device issued pursuant to Section 3-616 or pursuant to
Section 11-1301.2 of this Code or a motor vehicle registered
in another jurisdiction, state, district, territory or
foreign country upon which is displayed a registration plate,
special decal or device issued by the other jurisdiction
designating the vehicle is operated by or for a person with
disabilities shall be exempt from the payment of parking
meter fees and exempt from any statute or ordinance imposing
time limitations on parking, except limitations of one-half
hour or less, on any street or highway zone, or any parking
lot or parking place which are owned, leased or owned and
leased by a municipality or a municipal parking utility; and
shall be recognized by state and local authorities as a valid
license plate or parking device and shall receive the same
parking privileges as residents of this State; but, such
vehicle shall be subject to the laws which prohibit parking
in "no stopping" and "no standing" zones in front of or near
fire hydrants, driveways, public building entrances and
exits, bus stops and loading areas, and is prohibited from
parking where the motor vehicle constitutes a traffic hazard,
whereby such motor vehicle shall be moved at the instruction
and request of a law enforcement officer to a location
designated by the officer. Any motor vehicle bearing
registration plates or a special decal or device specified in
this Section or in Section 3-616 of this Code or such parking
device as specifically authorized in Section 11-1301.2 as
evidence that the vehicle is operated by or for a person with
disabilities or disabled veteran may park, in addition to any
other lawful place, in any parking place specifically
reserved for such vehicles by the posting of an official sign
as provided under Section 11-301. Parking privileges granted
by this Section are strictly limited to the person to whom
the special registration plates, special decal or device were
issued and to qualified operators acting under his express
direction while the person with disabilities is present. A
person to whom privileges were granted shall, at the request
of a police officer or any other person invested by law with
authority to direct, control, or regulate traffic, present an
identification card with a picture as verification that the
person is the person to whom the special registration plates,
special decal or device was issued.
Such parking privileges granted by this Section are also
extended to motor vehicles of not-for-profit organizations
used for the transportation of persons with disabilities when
such motor vehicles display the decal or device issued
pursuant to Section 11-1301.2 of this Code.
No person shall use any area for the parking of any motor
vehicle pursuant to Section 11-1303 of this Code or where an
official sign controlling such area expressly prohibits
parking at any time or during certain hours.
(Source: P.A. 88-685, eff. 1-24-95.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for a person with
disabilities parking.
(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 or not-for-profit organization which
transports persons with disabilities. 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 or organization and may be used by that person
or organization to designate and identify a vehicle not owned
or displaying a registration plate as provided in Sections
3-609 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.
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 Class 1A or 2A
disability under the provisions of Section 4A of The Illinois
Identification Card Act. For purposes of this Section, an
Illinois Disabled Person Identification Card issued pursuant
to The Illinois Identification Card Act indicating that the
person thereon named has a Class 1A or 2A disability shall be
adequate documentation of such a disability. Nothing in this
Section shall be read to prohibit local authorities from
issuing such decal or device to persons with temporary
disabilities, provided that such 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
such decal or device clearly sets forth the date that the
decal or device expires.
(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.
(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 request and with the approval of
the Secretary of State.
(Source: P.A. 88-685, eff. 1-24-95.)
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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 bearing 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 bearing
such registration plates. An individual with a vehicle
bearing a person with disabilities license plate or parking
decal or device issued to a disabled person under Sections
3-616, 11-1301.1, or 11-1301.2 is in violation of this
Section if the person is not the authorized holder of a
person with disabilities license plate or parking decal or
device and is not transporting the authorized holder of a
person with disabilities license plate or parking decal or
device to or from the parking location and the person uses
the person with disabilities license plate or parking decal
or device to exercise any privileges granted through the
person with disabilities license plates or parking decals or
devices under this Code. Any motor vehicle bearing a person
with disabilities license plate or a person with disabilities
parking decal or device containing the International symbol
of access issued to persons with disabilities by any local
authority, state, district, 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.
(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.
(c) Any person found guilty of violating the provisions
of this Section shall be fined $100 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 $200 and shall display
signs indicating the fine imposed. If the amount of the fine
is subsequently changed, the municipality shall change the
sign to indicate the current amount of the fine.
(d) Local authorities shall impose fines as established
in subsection (c) for violations of this Section vehicles
parked in spaces for a person with disabilities that do not
display the registration plates pursuant to Section 3-616 or
a special decal or device pursuant to Section 11-1301.2.
(e) As used in this Section, "authorized holder" means
an individual issued a person with disabilities license plate
under Section 3-616 of this Code or an individual issued a
person with disabilities parking decal or device under
Section 11-1301.2 of this Code.
(Source: P.A. 88-685, eff. 1-24-95; 89-275, eff. 1-1-96;
89-533, eff. 1-1-97; 89-626, eff. 8-9-96.)
(625 ILCS 5/11-1301.5 new)
Sec. 11-1301.5. Fictitious or unlawfully altered person
with disabilities license plate or parking decal or device.
(a) As used in this Section:
"Fictitious person with disabilities license plate
or parking decal or device" means any issued person with
disabilities license plate or parking decal or device
that has been issued by the Secretary of State or an
authorized unit of local government that was issued based
upon false information contained on the required
application.
"False information" means any incorrect or
inaccurate information concerning the name, date of
birth, social security number, driver's license number,
physician certification, or any other information
required on the application for a person with
disabilities license plate or parking permit or device
that falsifies the content of the application.
"Unlawfully altered person with disabilities license
plate or parking permit or device" means any person with
disabilities license plate or parking permit or device
issued by the Secretary of State or an authorized unit of
local government that has been physically altered or
changed in such manner that false information appears on
the license plate or parking decal or device.
"Authorized holder" means an individual issued a
person with disabilities license plate under Section
3-616 of this Code or an individual issued a person with
disabilities parking decal or device under Section
11-1301.2 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or
unlawfully altered person with disabilities license plate
or parking decal or device;
(2) to knowingly issue or assist in the issuance
of, by the Secretary of State or unit of local
government, any fictitious person with disabilities
license plate or parking decal or device;
(3) to knowingly alter any person with disabilities
license plate or parking decal or device;
(4) to knowingly manufacture, possess, transfer, or
provide any documentation used in the application process
whether real or fictitious, for the purpose of obtaining
a fictitious person with disabilities license plate or
parking decal or device;
(5) to knowingly provide any false information to
the Secretary of State or a unit of local government in
order to obtain a person with disabilities license plate
or parking decal or device; or
(6) to knowingly transfer a person with
disabilities license plate or parking decal or device for
the purpose of exercising the privileges granted to an
authorized holder of a person with disabilities license
plate or parking decal or device under this Code in the
absence of the authorized holder.
(c) Sentence.
(1) Any person convicted of a violation of this
Section shall be guilty of a Class A misdemeanor.
(2) Any person who commits a violation of this
Section 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.
(625 ILCS 5/11-1301.6 new)
Sec. 11-1301.6. Fraudulent person with disabilities
license plate or parking decal or device.
(a) As used in this Section:
"Fraudulent person with disabilities license plate
or parking decal or device" means any person with
disabilities license plate or parking decal or device
that purports to be an official person with disabilities
license plate or parking decal or device and that has not
been issued by the Secretary of State or an authorized
unit of local government.
"Person with disabilities license plate or parking
decal or device-making implement" means any implement
specially designed or primarily used in the manufacture,
assembly, or authentication of a person with disabilities
license plate or parking decal or device issued by the
Secretary of State or a unit of local government.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent person with
disabilities license plate or parking decal;
(2) to knowingly possess without authority any
person with disabilities license plate or parking decal
or device-making implement;
(3) to knowingly duplicate, manufacture, sell, or
transfer any fraudulent or stolen person with
disabilities license plate or parking decal or device;
(4) to knowingly assist in the duplication,
manufacturing, selling, or transferring of any fraudulent
or stolen person with disabilities license plate or
parking decal or device; or
(5) to advertise or distribute a fraudulent person
with disabilities license plate or parking decal or
device.
(c) Sentence.
(1) Any person convicted of a violation of this
Section shall be guilty of a Class 4 felony.
(2) Any person who commits a violation of this
Section 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.
Section 99. Effective date. This Act takes effect
January 1, 1998.
INDEX
Statutes amended in order of appearance
SEE INDEX
625 ILCS 5/2-111 from Ch. 95 1/2, par. 2-111
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
625 ILCS 5/11-1301.5 new
625 ILCS 5/11-1301.6 new