Public Act 90-0330 of the 90th General Assembly
Public Act 90-0330
HB0762 Enrolled LRB9000829NTsbA
AN ACT to amend the Illinois Vehicle Code by changing
Sections 2-123, 4-201, 4-208, 12-215, and 15-111.
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 2-123, 4-201, 4-208, 12-215, and 15-111 as
follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, public libraries and all other governmental
units of the State and Federal Government requesting them for
governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing
such services and the use of the equipment involved, and in
addition is empowered to establish prices and charges for the
services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, or printout at a fixed fee of $200 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $20 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. The information sold pursuant to this subsection
shall be the entire vehicle or driver data list, or part
thereof.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased at the fee of
$400 each or at the cost of producing the list as determined
by the Secretary of State.
(e) The Secretary of State shall upon written request
and the payment of the fee of $400 furnish the current
available list of such motor vehicle registrations to any
person so long as the supply of available registration lists
shall last.
(e-1) Commercial purchasers of driver and vehicle record
databases shall enter into a written agreement with the
Secretary of State that includes disclosure of the commercial
use of the intended purchase. Affected drivers, vehicle
owners, or registrants may request that their personally
identifiable information not be used for commercial
solicitation purposes.
(f) Title or registration search and certification
thereof - Fee. The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $4 for
each registration or title search. No fee shall be charged
for a title or registration search, or for the certification
thereof requested by a government agency.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $4 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
The vehicle owner or registrant residence address and
other personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other business
entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant, or other entities as
the Secretary may exempt by rule and regulation. This
information may be withheld from the entities listed above,
except law enforcement and government agencies upon
presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, and Private Security Act of 1983,
who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the
vehicle owner or registrant or other entities as the
Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $5, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
The affected driver residence address and other
personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver, or other
entities as the Secretary may exempt by rule and
regulation. This information may be withheld from the
entities listed above, except law enforcement and
government agencies, upon presentation of a valid court
order of protection for the duration of the order.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private
Security Act of 1983, who are employed by or are acting
on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other lawful purpose.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any abstract issued by the Secretary of State
pursuant to this Section, to a court or on request of a
law enforcement agency, for the record of a named person
as to the status of the person's driver's license shall
be prima facie evidence of the facts therein stated and
if the name appearing in such abstract is the same as
that of a person named in an information or warrant, such
abstract shall be prima facie evidence that the person
named in such information or warrant is the same person
as the person named in such abstract.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $5, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
4 of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except to: (1)
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) law enforcement officials for a lawful,
civil or criminal law enforcement investigation, and if the
head of the law enforcement agency has made a written request
to the Secretary specifying the law enforcement investigation
for which the social security numbers are being sought, (3)
the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the
Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
the order of a court of competent jurisdiction, or (5) the
Department of Public Aid for utilization in the child support
enforcement duties assigned to that Department under
provisions of the Public Aid Code after the individual has
received advanced meaningful notification of what
redisclosure is sought by the Secretary in accordance with
the federal Privacy Act; provided, the redisclosure shall not
be authorized by the Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate
rules and regulations to effectuate this Section.
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $5 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) The Secretary of State shall report his
recommendations to the General Assembly by January 1, 1993,
regarding the sale and dissemination of the information
maintained by the Secretary, including the sale of lists of
driver and vehicle records.
(m) Notations of accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
eff. 7-1-96.)
(625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
Sec. 4-201. Abandonment of vehicles prohibited.
(a) The abandonment of a vehicle or any part thereof on
any highway in this State is unlawful and subject to
penalties as set forth under Penalty Section 4-214 of this
Chapter.
(b) The abandonment of a vehicle or any part thereof on
private or public property, other than a highway, in view of
the general public, anywhere in this State is unlawful except
on property of the owner or bailee of such abandoned vehicle.
A vehicle or any part thereof so abandoned on private
property shall be authorized for removal, by a law
enforcement agency having jurisdiction, after a waiting
period of 7 days or more, or may be removed immediately if
determined to be a hazardous dilapidated motor vehicle under
Section 11-40-3.1 of the Illinois Municipal Code. A violation
of subsections (a) or (b) of this Section is subject to
penalties as set forth under Section 4-214 of this Chapter.
(c) A towing service may begin to process an unclaimed
vehicle as abandoned by requesting a record search by the
Secretary of State up to 10 days after the date of the tow,
or any later date acceptable to the Secretary of State. This
subsection (c) shall not apply to vehicles towed by order or
authorization of a law enforcement agency.
(Source: P.A. 86-460.)
(625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
Sec. 4-208. Disposal of unclaimed vehicles.
(a) In cities having a population of more than 500,000,
whenever an abandoned, lost, stolen or unclaimed vehicle, or
vehicle determined to be a hazardous dilapidated motor
vehicle pursuant to Section 11-40-3.1 of the Illinois
Municipal Code, remains unclaimed by the registered owner,
lienholder or other legally entitled person for a period of
15 days after notice has been given under Sections 4-205 and
4-206 of this Code, the vehicle shall be disposed, pursuant
to the provisions of the "Municipal purchasing act for cities
of 500,000 or more population", to a person licensed as an
automotive parts recycler, rebuilder or scrap processor under
Chapter 5 of this Code.
(b) Except as provided in Section 4-208 for cities with
more than 500,000 inhabitants, when an abandoned, lost,
stolen or unclaimed vehicle 7 years of age or newer remains
unclaimed by the registered owner, lienholder or other
legally entitled persons for a period of 30 days after notice
has been given as provided in Sections 4-205 and 4-206 of
this Code, the law enforcement agency or towing service
having possession of the vehicle shall cause it to be sold at
public auction to a person licensed as an automotive parts
recycler, rebuilder or scrap processor under Chapter 5 of
this Code or the towing operator which towed the vehicle.
Notice of the time and place of the sale shall be posted in a
conspicuous place for at least 10 days prior to the sale on
the premises where the vehicle has been impounded. At least
10 days prior to the sale, the law enforcement agency where
the vehicle is impounded, or the towing service where the
vehicle is impounded, shall cause a notice of the time and
place of the sale to be sent by certified mail to the
registered owner, lienholder, or other legally entitled
persons. Such Notice as provided in Sections 4-205 and 4-206
of this Code and as provided in this subsection (b) shall
state the time and place of sale and shall contain a complete
description of the vehicle to be sold and what steps must be
taken by any legally entitled person to reclaim the vehicle.
(c) If an abandoned, lost, stolen, or unclaimed vehicle
displays dealer plates, notice under this Section and Section
4-209 of this Code shall be sent to both the dealer and the
registered owner, lienholder, or other legally entitled
persons.
(d) In those instances where the certified notification
specified in Sections 4-205 and 4-206 of this Code has been
returned by the postal authorities to the law enforcement
agency or towing service due to the addressee having moved,
or being unknown at the address obtained from the
registration records of this State, the sending of a second
certified notice will not be required.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
(Text of Section before amendment by P.A. 89-507)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured; and
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted and while the such towing vehicle is vehicles
are engaged in towing on a highway during all times when
the use of headlights is required under Section 12-201 of
this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency, if the security company,
alarm responder, or control agency is bound by a contract
with a federal, State, or local government entity to use
the lights; and
14. Security vehicles of the Department of Mental
Health and Developmental Disabilities; however, the
lights shall not be lighted except when being used for
security related purposes under the direction of the
superintendent of the facility where the vehicle is
located.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted is prohibited except:
1. On vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit;
rescue squad vehicles not owned by a fire
department.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited, except motor vehicles or equipment
of the State of Illinois, local authorities and contractors
may be so equipped; furthermore, such lights shall not be
lighted except while such vehicles are engaged in highway
maintenance or construction operations within the limits of
highway construction projects.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 88-58; 88-341; 88-670, eff. 12-2-94; 89-433,
eff. 12-15-95.)
(Text of Section after amendment by P.A. 89-507)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured; and
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted and while the such towing vehicle is vehicles
are engaged in towing on a highway during all times when
the use of headlights is required under Section 12-201 of
this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency, if the security company,
alarm responder, or control agency is bound by a contract
with a federal, State, or local government entity to use
the lights; and
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted is prohibited except:
1. On vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit;
rescue squad vehicles not owned by a fire
department.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited, except motor vehicles or equipment
of the State of Illinois, local authorities and contractors
may be so equipped; furthermore, such lights shall not be
lighted except while such vehicles are engaged in highway
maintenance or construction operations within the limits of
highway construction projects.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 88-58; 88-341; 88-670, eff. 12-2-94; 89-433,
eff. 12-15-95; 89-507, eff. 7-1-97.)
(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles equipped with
pneumatic tires shall be operated, unladen or with load, upon
the highways of this State when the gross weight on the road
surface through any single axle thereof exceeds 18,000
pounds, except when a different limit is established and
posted in accordance with Section 15-316 and except any
single axle of a 2 axle motor vehicle weighing 36,000 pounds
or less and not a part of a combination of vehicles, shall
not exceed 20,000 pounds. Provided, however, that any single
axle of a 2 axle motor vehicle equipped with a personnel lift
or digger derrick, weighing 36,000 pounds or less, owned and
operated by a public utility, shall not exceed 20,000 pounds.
No vehicle or combination of vehicles equipped with other
than pneumatic tires shall be operated, unladen or with load,
upon the highways of this State when the gross weight on the
road surface through any wheel thereof exceeds 800 pounds per
inch width of tire tread or when the gross weight on the road
surface through any axle thereof exceeds 16,000 pounds. An
axle load shall be defined as the total load transmitted to
the road by all wheels whose centers may be included between
2 parallel transverse vertical planes 40 inches apart
extending across the full width of the vehicle.
Any 2 or more single axles whose centers are more than 40
inches and not more than 96 inches apart, measured to the
nearest inch between extreme axles in the series, shall be
defined as tandem axles, and the gross weight transmitted to
the road surface through the series shall not exceed 32,000
pounds and no axle of the series shall exceed the maximum
weight permitted under this Section for a single axle.
Provided that on a 4 axle vehicle or on a 5 or more axle
combination of vehicles the weight on a series of 3 axles
whose centers are more than 96 inches apart, measured between
extreme axles in the series, shall not exceed those allowed
on 3 axles in the table contained in subsection (f) of this
Section and no axle or tandem axle of the series shall exceed
the maximum weight permitted under this Section for a single
or tandem axle. Provided also that a 3 axle vehicle or 3 axle
truck mixer registered as a Special Hauling Vehicle, used
exclusively for the mixing and transportation of concrete,
specially equipped with a road surface engaging mixer
trailing 4th axle, manufactured prior to or in the model
year of 2004 and first registered in Illinois prior to
January 1, 2005, with a distance greater than 72 inches but
not more than 96 inches between any series of 2 axles may
transmit to the road surface a maximum weight of 18,000
pounds on each of these axles with a gross weight on these 2
axles not to exceed 36,000 pounds. Any such vehicle
manufactured in the model year of 2004 or thereafter or first
registered in Illinois after December 31, 2004 may transmit
to the road surface a maximum of 32,000 pounds through these
2 axles and none of the axles shall exceed 18,000 pounds.
A truck, not in combination and specially equipped with a
selfcompactor, or an industrial roll-off hoist and roll-off
container, used exclusively for garbage or refuse operations,
and a truck used exclusively for the collection of rendering
materials may, however, when laden, transmit upon the road
surface of any highway except when part of the National
System of Interstate and Defense Highways, a gross weight
upon a single axle not more than 22,000 pounds, and upon a
tandem axle not more than 40,000 pounds. When unladen,
however, those trucks shall comply with the axle limitations
applicable to all other trucks.
A 2 axle truck specially equipped with a front loading
compactor used exclusively for garbage, refuse, or recycling
may transmit 20,000 pounds per axle provided that the gross
weight of the vehicle does not exceed 40,000 pounds.
(b) The gross weight of vehicles and combination of
vehicles including the weight of the vehicle or combination
and its maximum load shall be subject to the foregoing
limitations and further shall not exceed the following gross
weights dependent upon the number of axles and distance
between extreme axles of the vehicle or combination measured
longitudinally to the nearest foot.
VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
VEHICLES OR COMBINATIONS
HAVING 3 AXLES
With Tandem With or
Axles Without
Tandem Axles
Minimum Minimum
distance to Maximum distance to Maximum
nearest foot Gross nearest foot Gross
between Weight between Weight
extreme axles (pounds) extreme axles (pounds)
10 feet 41,000 16 feet 46,000
11 42,000 17 47,000
12 43,000 18 47,500
13 44,000 19 48,000
14 44,500 20 49,000
15 45,000 21 feet or more 50,000
VEHICLES OR COMBINATIONS
HAVING 4 AXLES
Minimum Minimum
distance to Maximum distance to Maximum
nearest foot Gross nearest foot Gross
between Weight between Weight
extreme axles (pounds) extreme axles (pounds)
15 feet 50,000 26 feet 57,500
16 50,500 27 58,000
17 51,500 28 58,500
18 52,000 29 59,500
19 52,500 30 60,000
20 53,500 31 60,500
21 54,000 32 61,500
22 54,500 33 62,000
23 55,500 34 62,500
24 56,000 35 63,500
25 56,500 36 feet or more 64,000
In applying the above table to a vehicle having more than
4 axles that is not in combination, only 4 axles shall be
considered in determining the maximum gross weights.
COMBINATIONS HAVING 5 OR MORE AXLES
Minimum distance to Maximum
nearest foot between Gross Weight
extreme axles (pounds)
42 feet or less 72,000
43 73,000
44 feet or more 73,280
VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
TRUCKS EQUIPPED WITH SELFCOMPACTORS
OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
OR REFUSE HAULS ONLY AND TRUCKS USED FOR
THE COLLECTION OF RENDERING MATERIALS
On Highway Not Part of National System
of Interstate and Defense Highways
with 2 axles 36,000 pounds
with 3 axles 54,000 pounds
TWO AXLE TRUCKS EQUIPPED WITH
A FRONT LOADING COMPACTOR USED EXCLUSIVELY
FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
with 2 axles 40,000 pounds
(c) Cities having a population of more than 50,000 may
permit by ordinance axle loads on 2 axle motor vehicles 33
1/2% above those provided for herein, but the increase shall
not become effective until the city has officially notified
the Department of the passage of the ordinance and shall not
apply to those vehicles when outside of the limits of the
city, nor shall the gross weight of any 2 axle motor vehicle
operating over any street of the city exceed 40,000 pounds.
(d) Weight limitations shall not apply to vehicles
(including loads) operated by a public utility when
transporting equipment required for emergency repair of
public utility facilities or properties or water wells.
A combination of vehicles, including a tow truck and a
disabled vehicle or disabled combination of vehicles, that
exceeds the weight restriction imposed by this Code, may be
operated on a public highway in this State provided that
neither the disabled vehicle nor any vehicle being towed nor
the tow truck itself shall exceed the weight limitations
permitted under this Chapter. During the towing operation,
neither the tow truck nor the vehicle combination shall
exceed the following axle weight limitations:
A. 24,000 pounds - Single rear axle;
B. 44,000 pounds - Tandem rear axle;
Gross weight limits shall not apply to the combination of
the tow truck and vehicles being towed. The tow truck
license plate must cover the operating empty weight of the
tow truck only. The weight of each vehicle being towed shall
be covered by a valid license plate issued to the owner or
operator of the vehicle being towed and displayed on that
vehicle. If no valid plate issued to the owner or operator of
that vehicle is displayed on that vehicle, or the plate
displayed on that vehicle does not cover the weight of the
vehicle, the weight of the vehicle shall be covered by the
third tow truck plate issued to the owner or operator of the
tow truck and temporarily affixed to the vehicle being towed.
In addition, the following conditions must be met:
(1) the towing vehicle must be:
a. specifically designed as a tow truck having
a gross vehicle weight rating of at least 18,000
lbs. and equipped with air brakes provided that air
brakes shall be required only if the towing vehicle
is towing a vehicle, semitrailer, or tractor-trailer
combination that is equipped with airbrakes;
b. equipped with flashing, rotating or
oscillating amber lights, visible for at least 500
feet in all directions; and
c. capable of utilizing the lighting and
braking systems of the disabled vehicle or
combination of vehicles.
(2) The towing of the vehicles on the highways of
this State shall not exceed 20 15 miles from the initial
point of wreck or disablement. Any additional movement of
the vehicles shall only occur upon issuance of
authorization for that movement under the provisions of
Sections 15-301 through 15-319 of this Chapter.
The Department may by rule or regulation prescribe
additional requirements. However, nothing in this Code shall
prohibit a tow truck under instructions of a police officer
from legally clearing a disabled vehicle, that may be in
violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway.
For the purpose of this subsection, gross vehicle weight
rating, or GVWR, shall mean the value specified by the
manufacturer as the loaded weight of the tow truck.
(e) No vehicle or combination of vehicles equipped with
pneumatic tires shall be operated, unladen or with load, upon
the highways of this State in violation of the provisions of
any permit issued under the provisions of Sections 15-301
through 15-319 of this Chapter.
(f) Notwithstanding any other provision in this Code,
except for those provisions of subsection (d) of this Section
relating to emergency operations of public utilities and tow
trucks while actually engaged in the towing of a disabled
vehicle, and those vehicles for which the Department issues
overweight permits under authority of Section 15-301 of this
Code, the weight limitations contained in this subsection
shall apply to the National System of Interstate and Defense
Highways and other highways in the system of State highways
that have been designated by the Department as Class I, II,
or III. No vehicle shall be operated on the highways with a
weight in excess of 20,000 pounds carried on any one axle or
with a tandem axle weight in excess of 34,000 pounds, or a
gross weight in excess of 80,000 pounds for vehicle
combinations of 5 axles or more, or a gross weight on a group
of 2 or more consecutive axles in excess of that weight
produced by the application of the following formula:
W = 500 times the sum of (LN divided by N-1) + 12N + 36
Where "W" equals overall gross weight on any group of 2 or
more consecutive axles to the nearest 500 pounds; "L" equals
the distance measured to the nearest foot between extremes of
any group of 2 or more consecutive axles; and "N" equals the
number of axles in the group under consideration, except that
2 consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, provided the overall distance between the
first and last axles of the consecutive sets of tandem axles
is 36 feet or more. Provided also that a 3-axle vehicle
registered as a Special Hauling Vehicle manufactured prior to
or in the model year of 2004, and first registered in
Illinois prior to January 1, 2005, with a distance greater
than 72 inches but not more than 96 inches between the 2 rear
axles may transmit to the road surface a maximum weight of
18,000 pounds on each of the 2 rear axles with a gross weight
on these 2 axles not to exceed 36,000 pounds. Any vehicle
registered as a Special Hauling Vehicle manufactured prior to
or in the model year of 2004 or thereafter or first
registered in Illinois after December 31, 2004, may transmit
to the road surface a maximum of 34,000 pounds through the 2
rear axles and neither of the rear axles shall exceed 20,000
pounds. For purposes of this subsection, tandem axles shall
be defined as any 2 or more single axles whose centers are
more than 40 inches and not more than 96 inches apart,
measured to the nearest inch between extreme axles in the
series.
The above formula when expressed in tabular form results
in allowable loads as follows:
Distance measured
to the nearest
foot between the
extremes of any Maximum load in pounds
group of 2 or carried on any group of
more consecutive 2 or more consecutive axles
axles
feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 38,000* 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500
25 54,500 58,500 63,500 69,000
26 55,500 59,500 64,000 69,500
27 56,000 60,000 65,000 70,000
28 57,000 60,500 65,500 71,000
29 57,500 61,500 66,000 71,500
30 58,500 62,000 66,500 72,000
31 59,000 62,500 67,500 72,500
32 60,000 63,500 68,000 73,000
33 64,000 68,500 74,000
34 64,500 69,000 74,500
35 65,500 70,000 75,000
36 66,000 70,500 75,500
37 66,500 71,000 76,000
38 67,500 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
*If the distance between 2 axles is 96 inches or less, the 2
axles are tandem axles and the maximum load permitted is
34,000 pounds, notwithstanding the higher limit resulting
from the application of the formula.
In applying the above formula to a vehicle having more
than 4 axles that is not a combination, only 4 axles shall be
considered in determining the maximum gross weight, and for a
combination of vehicles having more than 6 axles, only 6
axles shall be considered in determining the maximum gross
weight.
Notwithstanding the above table, 2 consecutive sets of
tandem axles may carry a gross weight of 34,000 pounds each
if the overall distance between the first and last axles of
the consecutive sets of tandem axles is 36 feet or more.
Local authorities and road district highway
commissioners, with respect to streets and highways under
their jurisdiction, without additional fees, may also by
ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle
shall not exceed 20,000 pounds and the maximum gross weight
on any tandem axle shall not exceed 34,000 pounds, on
designated highways when appropriate regulatory signs giving
notice are erected upon the street or highway or portion of
any street or highway affected by the ordinance or
resolution.
Combinations of vehicles, registered as Special Hauling
Vehicles that include a semitrailer manufactured prior to or
in the model year of 2004, and first registered in Illinois
prior to January 1, 2005, having 5 axles with a distance of
42 feet or less between extreme axles shall be limited to the
weights prescribed in subsections (a) and (b) of this Section
and not subject to the bridge formula on the National System
of Interstate and Defense Highways and other highways in the
system of State highways designated by the Department. For
all those combinations of vehicles, that include a
semitrailer manufactured after the effective date of this
amendatory Act of 1986, the overall distance between the
first and last axles of the 2 sets of tandems must be 18 feet
6 inches or more. All combinations of vehicles registered as
Special Hauling Vehicles that include a semitrailer
manufactured prior to or in the model year of 2004 or
thereafter or first registered in Illinois after December 31,
2004, or that has had its cargo container replaced in its
entirety after December 31, 2004, are limited to the gross
weight allowed by the above formula.
A truck not in combination, equipped with a self
compactor or an industrial roll-off hoist and roll-off
container, used exclusively for garbage or refuse operations,
shall be allowed the weights as prescribed in subsections (a)
and (b) of this Section and not subject to the bridge
formula, provided they are not operated on a highway that is
part of the Interstate and Defense Highway System.
Vehicles operating under this subsection shall have
access for a distance of one highway mile to or from a Class
I highway on any street or highway, unless there is a sign
prohibiting the access, or 5 highway miles to or from either
a Class I, II, or III highway on a street or highway included
in the system of State highways and upon any street or
highway designated by local authorities or road district
commissioners to points of loading and unloading and to
facilities for food, fuel, repairs and rest.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this subsection.
(g) No person shall operate a vehicle or combination of
vehicles over a bridge or other elevated structure
constituting part of a highway with a gross weight that is
greater than the maximum weight permitted by the Department,
when the structure is sign posted as provided in this
Section.
(h) The Department upon request from any local authority
shall, or upon its own initiative may, conduct an
investigation of any bridge or other elevated structure
constituting a part of a highway, and if it finds that the
structure cannot with safety to itself withstand the weight
of vehicles otherwise permissible under this Code the
Department shall determine and declare the maximum weight of
vehicles that the structures can withstand, and shall cause
or permit suitable signs stating maximum weight to be erected
and maintained before each end of the structure. No person
shall operate a vehicle or combination of vehicles over any
structure with a gross weight that is greater than the posted
maximum weight.
(i) Upon the trial of any person charged with a
violation of subsections (g) or (h) of this Section, proof of
the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes
conclusive evidence of the maximum weight that can be
maintained with safety to the bridge or structure.
(Source: P.A. 88-45; 88-385; 88-403; 88-476; 88-670, eff.
12-2-94; 89-117, eff. 7-7-95; 89-433, eff. 12-15-95.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.