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Public Act 098-0123
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HB0774 Enrolled | LRB098 03609 MLW 33625 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 1-105 and 12-215 as follows:
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(625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
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Sec. 1-105. Authorized emergency vehicle. Emergency |
vehicles of municipal departments or public service
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corporations as are designated or authorized by proper local |
authorities;
police vehicles; vehicles of the fire department; |
vehicles of a HazMat or technical rescue team authorized by a |
county board under Section 5-1127 of the Counties Code; |
ambulances;
vehicles of the Illinois Emergency Management |
Agency; vehicles of the Office of the Illinois State Fire |
Marshal; mine rescue and explosives emergency response |
vehicles of the Department of Natural Resources; vehicles of |
the Illinois Department of Public Health; vehicles of the |
Illinois Department of Transportation identified as Emergency |
Traffic Patrol; and vehicles of a municipal or county emergency |
services and disaster agency, as defined by the Illinois |
Emergency Management Agency Act.
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(Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11; |
96-1190, eff. 7-22-10; 97-149, eff. 7-14-11; 97-333, eff. |
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7-12-11.)
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(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
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Sec. 12-215. Oscillating, rotating or flashing lights on |
motor vehicles. Except as otherwise provided in this Code:
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(a) The use of red or white oscillating, rotating or |
flashing lights,
whether lighted or unlighted, is prohibited |
except on:
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1. Law enforcement vehicles of State, Federal or
local |
authorities;
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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;
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2.1. A vehicle operated by a fire chief who has |
completed an emergency vehicle operation training course |
approved by the Office of the State Fire Marshal and |
designated or authorized by local authorities, in writing, |
as a fire department, fire protection district, or township |
fire department vehicle; however, the designation or |
authorization must
be carried in the vehicle, and the |
lights may be visible or activated only when responding to |
a bona fide emergency;
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3. Vehicles of local fire departments and State or |
federal
firefighting vehicles;
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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;
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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;
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6. Vehicles of the Illinois Emergency Management |
Agency, vehicles of the Office of the Illinois State Fire |
Marshal, vehicles of the Illinois Department of Public |
Health, and vehicles of
the
Department of Nuclear Safety;
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7. Vehicles operated by a local or county emergency |
management
services agency as defined in the Illinois |
Emergency
Management Agency Act;
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8. School buses operating alternately flashing head |
lamps as permitted
under Section 12-805 of this Code;
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9. Vehicles that are equipped and used exclusively as |
organ transplant
vehicles when used in combination with |
blue oscillating, rotating, or flashing
lights; |
furthermore, these lights shall be lighted only when the |
transportation
is declared an emergency by a member of the |
transplant team or a representative
of the organ |
procurement organization; and |
10. Vehicles of the Illinois Department of Natural |
Resources that are used for mine rescue and explosives |
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emergency response. |
11. Vehicles of the Illinois Department of |
Transportation identified as Emergency Traffic Patrol. The |
lights shall not be lighted except when responding to an |
emergency call or when parked or stationary while engaged |
in motor vehicle assistance or at the scene of the |
emergency. |
(b) The use of amber oscillating, rotating or flashing |
lights, whether
lighted or unlighted, is prohibited except on:
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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
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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
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vehicle is not equipped with a flat bed that supports all |
wheels of a vehicle
being transported, the lights shall be |
lighted while the
towing
vehicle is engaged in towing on a |
highway during all
times when the use
of headlights is |
required under Section 12-201 of this Code;
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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 |
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are engaged in maintenance or construction operations |
within
the limits of construction projects;
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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;
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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
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or passing while such vehicles are engaged in maintenance, |
service or
construction on a highway;
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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;
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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;
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(6.1) The front and rear of motorized equipment or |
vehicles that (i) are not owned by the State of Illinois or |
any political subdivision of the State, (ii) are designed |
and used for removal of snow and ice from highways and |
parking lots, and (iii) are equipped with a snow plow that |
is 12 feet in width; these lights may not be lighted except |
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when the motorized equipment or vehicle is actually being |
used for those purposes on behalf of a unit of government;
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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;
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8. Such other vehicles as may be authorized by local |
authorities;
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9. Law enforcement vehicles of State or local |
authorities when used in
combination with red oscillating, |
rotating or flashing lights;
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9.5. Propane delivery trucks;
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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;
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10.5. Vehicles of the Office of the Illinois State Fire |
Marshal, provided that such lights shall not be lighted |
except for when such vehicles are engaged in work for the |
Office of the Illinois State Fire Marshal;
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11. Any vehicle displaying a slow-moving vehicle |
emblem as
provided in Section 12-205.1;
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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;
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13. Vehicles used by a security company, alarm |
responder, or control
agency;
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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
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vehicle is located; and
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15. Vehicles of union representatives, except that the |
lights shall be
lighted only while the vehicle is within |
the limits of a construction
project.
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(c) The use of blue oscillating, rotating or flashing |
lights, whether
lighted or unlighted, is prohibited except on:
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1. Rescue squad vehicles not owned by a fire department |
and
vehicles owned or operated by a:
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voluntary firefighter;
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paid firefighter;
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part-paid firefighter;
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call firefighter;
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member of the board of trustees of a fire |
protection district;
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paid or unpaid member of a rescue squad;
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paid or unpaid member of a voluntary ambulance |
unit; or
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paid or unpaid members of a local or county |
emergency management
services agency as defined in the |
Illinois Emergency Management Agency Act,
designated |
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or authorized by local authorities, in writing, and |
carrying that
designation or authorization in the |
vehicle.
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However, such lights are not to be lighted except when |
responding to a
bona fide emergency or when parked or |
stationary at the scene of a fire, rescue call, ambulance |
call, or motor vehicle accident.
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Any person using these lights in accordance with this |
subdivision (c)1 must carry on his or her person an |
identification card or letter identifying the bona fide |
member of a fire department, fire protection district, |
rescue squad, ambulance unit, or emergency management |
services agency that owns or operates that vehicle. The |
card or letter must include: |
(A) the name of the fire department, fire |
protection district, rescue squad, ambulance unit, or |
emergency management services agency; |
(B) the member's position within the fire |
department, fire protection district, rescue squad, |
ambulance unit, or emergency management services |
agency; |
(C) the member's term of service; and |
(D) the name of a person within the fire |
department, fire protection district, rescue squad, |
ambulance unit, or emergency management services |
agency to contact to verify the information provided.
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2. Police department vehicles in cities having a |
population of 500,000
or more inhabitants.
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3. Law enforcement vehicles of State or local |
authorities when used in
combination with red oscillating, |
rotating or flashing lights.
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4. Vehicles of local fire departments and State or |
federal
firefighting vehicles when used in combination |
with red oscillating,
rotating or flashing lights.
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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.
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6. Vehicles that are equipped and used exclusively as |
organ transport
vehicles when used in combination with red |
oscillating, rotating, or flashing
lights; furthermore, |
these lights shall only be lighted when the transportation
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is declared an emergency by a member of the transplant team |
or a
representative of the organ procurement organization.
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7. Vehicles of the Illinois Emergency Management |
Agency, vehicles of the Office of the Illinois State Fire |
Marshal, vehicles of the Illinois Department of Public |
Health, and vehicles of
the
Department of Nuclear Safety, |
when used in combination with red oscillating,
rotating, or |
flashing lights.
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8. Vehicles operated by a local or county emergency |
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management
services agency as defined in the Illinois |
Emergency Management Agency
Act, when used in combination |
with red oscillating, rotating, or
flashing lights.
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9. Vehicles of the Illinois Department of Natural |
Resources that are used for mine rescue and explosives |
emergency response, when used in combination with red |
oscillating,
rotating, or flashing lights. |
(c-1) In addition to the blue oscillating, rotating, or |
flashing
lights permitted under subsection (c), and |
notwithstanding subsection
(a), a vehicle operated by a |
voluntary firefighter, a voluntary member
of a rescue squad, or |
a member of a voluntary ambulance unit may be
equipped with |
flashing white headlights and blue grill lights, which may
be |
used only in responding to an emergency call or when parked or |
stationary at the scene of a fire, rescue call, ambulance call, |
or motor vehicle accident.
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(c-2) In addition to the blue oscillating, rotating, or |
flashing
lights permitted under subsection (c), and |
notwithstanding subsection (a),
a vehicle operated by a paid or |
unpaid member of a local or county
emergency management |
services agency as defined in the Illinois Emergency
Management |
Agency Act, may be equipped with white oscillating, rotating,
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or flashing lights to be used in combination with blue |
oscillating, rotating,
or flashing lights, if authorization by |
local authorities is in
writing and carried in the vehicle.
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(d) The use of a combination of amber and white |
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oscillating, rotating or
flashing lights, whether lighted or |
unlighted, is prohibited except motor
vehicles or equipment of |
the State of Illinois, local authorities, contractors,
and |
union representatives may be so equipped; furthermore, such |
lights shall
not be lighted on vehicles of the State of |
Illinois, local authorities, and
contractors except while such |
vehicles are engaged in highway maintenance or
construction |
operations within the limits of highway construction projects, |
and
shall not be lighted on the vehicles of union |
representatives except when those
vehicles are within the |
limits of a construction project.
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(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.
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(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.
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(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 2 felony.
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(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.
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(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10; |