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92nd General Assembly

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Public Act 92-0637

SB1530 Enrolled                                LRB9210769DHmg

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Vehicle  Code  is  amended by
changing Section 11-1301.3 as follows:

    (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 properly displaying 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 displaying  bearing  such  registration  plates.  It
shall be prohibited to park any motor vehicle in a designated
access  aisle  adjacent  to  any  parking  place specifically
reserved for persons with disabilities, by the posting of  an
official  sign  as designated under Section 11-301, for motor
vehicles displaying bearing such  registration  plates.  When
using  the  parking privileges for persons with disabilities,
the parking decal or device must  be  displayed  properly  in
the  vehicle  where  it is clearly visible to law enforcement
personnel, either hanging from the rearview mirror or  placed
on  the dashboard of the vehicle in clear view. An individual
with a vehicle properly  displaying  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  properly  displaying
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. It shall not
be a defense to a charge under this  Section  that  the  sign
posted  pursuant  to  this  Section  does not comply with the
technical  requirements   of   Section   11-301,   Department
regulations,  or local ordinance if a reasonable person would
be made aware by the sign or notice on or  near  the  parking
place   that   the  place  is  reserved  for  a  person  with
disabilities.
    (d)  Local authorities shall impose fines as  established
in subsection (c) for violations of this Section.
    (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. 91-427, eff. 8-6-99; 92-411, eff. 1-1-02.)
    Passed in the General Assembly April 23, 2002.
    Approved July 11, 2002.
    Effective January 01, 2003.

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