|
| | HB0774 Enrolled | | LRB098 03609 MLW 33625 b |
|
|
| 1 | | AN ACT concerning transportation.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Sections 1-105 and 12-215 as follows:
|
| 6 | | (625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
|
| 7 | | Sec. 1-105. Authorized emergency vehicle. Emergency |
| 8 | | vehicles of municipal departments or public service
|
| 9 | | corporations as are designated or authorized by proper local |
| 10 | | authorities;
police vehicles; vehicles of the fire department; |
| 11 | | vehicles of a HazMat or technical rescue team authorized by a |
| 12 | | county board under Section 5-1127 of the Counties Code; |
| 13 | | ambulances;
vehicles of the Illinois Emergency Management |
| 14 | | Agency; vehicles of the Office of the Illinois State Fire |
| 15 | | Marshal; mine rescue and explosives emergency response |
| 16 | | vehicles of the Department of Natural Resources; vehicles of |
| 17 | | the Illinois Department of Public Health; vehicles of the |
| 18 | | Illinois Department of Transportation identified as Emergency |
| 19 | | Traffic Patrol; and vehicles of a municipal or county emergency |
| 20 | | services and disaster agency, as defined by the Illinois |
| 21 | | Emergency Management Agency Act.
|
| 22 | | (Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11; |
| 23 | | 96-1190, eff. 7-22-10; 97-149, eff. 7-14-11; 97-333, eff. |
|
| | HB0774 Enrolled | - 2 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | 7-12-11.)
|
| 2 | | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
|
| 3 | | Sec. 12-215. Oscillating, rotating or flashing lights on |
| 4 | | motor vehicles. Except as otherwise provided in this Code:
|
| 5 | | (a) The use of red or white oscillating, rotating or |
| 6 | | flashing lights,
whether lighted or unlighted, is prohibited |
| 7 | | except on:
|
| 8 | | 1. Law enforcement vehicles of State, Federal or
local |
| 9 | | authorities;
|
| 10 | | 2. A vehicle operated by a police officer or county |
| 11 | | coroner
and designated or authorized by local authorities, |
| 12 | | in writing, as a law
enforcement vehicle; however, such |
| 13 | | designation or authorization must
be carried in the |
| 14 | | vehicle;
|
| 15 | | 2.1. A vehicle operated by a fire chief who has |
| 16 | | completed an emergency vehicle operation training course |
| 17 | | approved by the Office of the State Fire Marshal and |
| 18 | | designated or authorized by local authorities, in writing, |
| 19 | | as a fire department, fire protection district, or township |
| 20 | | fire department vehicle; however, the designation or |
| 21 | | authorization must
be carried in the vehicle, and the |
| 22 | | lights may be visible or activated only when responding to |
| 23 | | a bona fide emergency;
|
| 24 | | 3. Vehicles of local fire departments and State or |
| 25 | | federal
firefighting vehicles;
|
|
| | HB0774 Enrolled | - 3 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | 4. Vehicles which are designed and used exclusively as |
| 2 | | ambulances
or rescue vehicles; furthermore, such lights |
| 3 | | shall not be lighted except
when responding to an emergency |
| 4 | | call for and while actually conveying the
sick or injured;
|
| 5 | | 5. Tow trucks licensed in a state that requires such |
| 6 | | lights;
furthermore, such lights shall not be lighted on |
| 7 | | any such tow truck while the
tow truck is
operating in the |
| 8 | | State of Illinois;
|
| 9 | | 6. Vehicles of the Illinois Emergency Management |
| 10 | | Agency, vehicles of the Office of the Illinois State Fire |
| 11 | | Marshal, vehicles of the Illinois Department of Public |
| 12 | | Health, and vehicles of
the
Department of Nuclear Safety;
|
| 13 | | 7. Vehicles operated by a local or county emergency |
| 14 | | management
services agency as defined in the Illinois |
| 15 | | Emergency
Management Agency Act;
|
| 16 | | 8. School buses operating alternately flashing head |
| 17 | | lamps as permitted
under Section 12-805 of this Code;
|
| 18 | | 9. Vehicles that are equipped and used exclusively as |
| 19 | | organ transplant
vehicles when used in combination with |
| 20 | | blue oscillating, rotating, or flashing
lights; |
| 21 | | furthermore, these lights shall be lighted only when the |
| 22 | | transportation
is declared an emergency by a member of the |
| 23 | | transplant team or a representative
of the organ |
| 24 | | procurement organization; and |
| 25 | | 10. Vehicles of the Illinois Department of Natural |
| 26 | | Resources that are used for mine rescue and explosives |
|
| | HB0774 Enrolled | - 4 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | emergency response. |
| 2 | | 11. Vehicles of the Illinois Department of |
| 3 | | Transportation identified as Emergency Traffic Patrol. The |
| 4 | | lights shall not be lighted except when responding to an |
| 5 | | emergency call or when parked or stationary while engaged |
| 6 | | in motor vehicle assistance or at the scene of the |
| 7 | | emergency. |
| 8 | | (b) The use of amber oscillating, rotating or flashing |
| 9 | | lights, whether
lighted or unlighted, is prohibited except on:
|
| 10 | | 1. Second division vehicles designed and used for |
| 11 | | towing or hoisting
vehicles; furthermore, such lights |
| 12 | | shall not be lighted except as
required in
this paragraph |
| 13 | | 1; such lights shall be lighted
when such vehicles are |
| 14 | | actually being
used at the scene of an accident or
|
| 15 | | disablement; if the towing vehicle is equipped with a flat |
| 16 | | bed that
supports all wheels of the vehicle being |
| 17 | | transported, the lights shall not be
lighted while the |
| 18 | | vehicle is engaged in towing on a highway; if the towing
|
| 19 | | vehicle is not equipped with a flat bed that supports all |
| 20 | | wheels of a vehicle
being transported, the lights shall be |
| 21 | | lighted while the
towing
vehicle is engaged in towing on a |
| 22 | | highway during all
times when the use
of headlights is |
| 23 | | required under Section 12-201 of this Code;
|
| 24 | | 2. Motor vehicles or equipment of the State of |
| 25 | | Illinois, local authorities
and contractors; furthermore, |
| 26 | | such lights shall not be lighted except while
such vehicles |
|
| | HB0774 Enrolled | - 5 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | are engaged in maintenance or construction operations |
| 2 | | within
the limits of construction projects;
|
| 3 | | 3. Vehicles or equipment used by engineering or survey |
| 4 | | crews;
furthermore, such lights shall not be lighted except |
| 5 | | while such vehicles
are actually engaged in work on a |
| 6 | | highway;
|
| 7 | | 4. Vehicles of public utilities, municipalities, or |
| 8 | | other
construction, maintenance or automotive service |
| 9 | | vehicles except that such
lights shall be lighted only as a |
| 10 | | means for indicating the presence of a
vehicular traffic |
| 11 | | hazard requiring unusual care in approaching, overtaking
|
| 12 | | or passing while such vehicles are engaged in maintenance, |
| 13 | | service or
construction on a highway;
|
| 14 | | 5. Oversized vehicle or load; however, such lights |
| 15 | | shall only be lighted
when moving under permit issued by |
| 16 | | the Department under Section 15-301
of this Code;
|
| 17 | | 6. The front and rear of motorized equipment owned and |
| 18 | | operated by the
State of Illinois or any political |
| 19 | | subdivision thereof, which is designed
and used for removal |
| 20 | | of snow and ice from highways;
|
| 21 | | (6.1) The front and rear of motorized equipment or |
| 22 | | vehicles that (i) are not owned by the State of Illinois or |
| 23 | | any political subdivision of the State, (ii) are designed |
| 24 | | and used for removal of snow and ice from highways and |
| 25 | | parking lots, and (iii) are equipped with a snow plow that |
| 26 | | is 12 feet in width; these lights may not be lighted except |
|
| | HB0774 Enrolled | - 6 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | when the motorized equipment or vehicle is actually being |
| 2 | | used for those purposes on behalf of a unit of government;
|
| 3 | | 7. Fleet safety vehicles registered in another state, |
| 4 | | furthermore, such
lights shall not be lighted except as |
| 5 | | provided for in Section 12-212 of
this Code;
|
| 6 | | 8. Such other vehicles as may be authorized by local |
| 7 | | authorities;
|
| 8 | | 9. Law enforcement vehicles of State or local |
| 9 | | authorities when used in
combination with red oscillating, |
| 10 | | rotating or flashing lights;
|
| 11 | | 9.5. Propane delivery trucks;
|
| 12 | | 10. Vehicles used for collecting or delivering mail for |
| 13 | | the
United States Postal Service provided that such lights |
| 14 | | shall not be lighted
except when such vehicles are actually |
| 15 | | being used for such purposes;
|
| 16 | | 10.5. Vehicles of the Office of the Illinois State Fire |
| 17 | | Marshal, provided that such lights shall not be lighted |
| 18 | | except for when such vehicles are engaged in work for the |
| 19 | | Office of the Illinois State Fire Marshal;
|
| 20 | | 11. Any vehicle displaying a slow-moving vehicle |
| 21 | | emblem as
provided in Section 12-205.1;
|
| 22 | | 12. All trucks equipped with self-compactors or |
| 23 | | roll-off hoists and
roll-on containers for garbage or |
| 24 | | refuse hauling. Such lights shall not be
lighted except |
| 25 | | when such vehicles are actually being used for such |
| 26 | | purposes;
|
|
| | HB0774 Enrolled | - 7 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | 13. Vehicles used by a security company, alarm |
| 2 | | responder, or control
agency;
|
| 3 | | 14. Security vehicles of the Department of Human |
| 4 | | Services; however, the
lights shall not be lighted except |
| 5 | | when being used for security related
purposes under the |
| 6 | | direction of the superintendent of the facility where the
|
| 7 | | vehicle is located; and
|
| 8 | | 15. Vehicles of union representatives, except that the |
| 9 | | lights shall be
lighted only while the vehicle is within |
| 10 | | the limits of a construction
project.
|
| 11 | | (c) The use of blue oscillating, rotating or flashing |
| 12 | | lights, whether
lighted or unlighted, is prohibited except on:
|
| 13 | | 1. Rescue squad vehicles not owned by a fire department |
| 14 | | and
vehicles owned or operated by a:
|
| 15 | | voluntary firefighter;
|
| 16 | | paid firefighter;
|
| 17 | | part-paid firefighter;
|
| 18 | | call firefighter;
|
| 19 | | member of the board of trustees of a fire |
| 20 | | protection district;
|
| 21 | | paid or unpaid member of a rescue squad;
|
| 22 | | paid or unpaid member of a voluntary ambulance |
| 23 | | unit; or
|
| 24 | | paid or unpaid members of a local or county |
| 25 | | emergency management
services agency as defined in the |
| 26 | | Illinois Emergency Management Agency Act,
designated |
|
| | HB0774 Enrolled | - 8 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | or authorized by local authorities, in writing, and |
| 2 | | carrying that
designation or authorization in the |
| 3 | | vehicle.
|
| 4 | | However, such lights are not to be lighted except when |
| 5 | | responding to a
bona fide emergency or when parked or |
| 6 | | stationary at the scene of a fire, rescue call, ambulance |
| 7 | | call, or motor vehicle accident.
|
| 8 | | Any person using these lights in accordance with this |
| 9 | | subdivision (c)1 must carry on his or her person an |
| 10 | | identification card or letter identifying the bona fide |
| 11 | | member of a fire department, fire protection district, |
| 12 | | rescue squad, ambulance unit, or emergency management |
| 13 | | services agency that owns or operates that vehicle. The |
| 14 | | card or letter must include: |
| 15 | | (A) the name of the fire department, fire |
| 16 | | protection district, rescue squad, ambulance unit, or |
| 17 | | emergency management services agency; |
| 18 | | (B) the member's position within the fire |
| 19 | | department, fire protection district, rescue squad, |
| 20 | | ambulance unit, or emergency management services |
| 21 | | agency; |
| 22 | | (C) the member's term of service; and |
| 23 | | (D) the name of a person within the fire |
| 24 | | department, fire protection district, rescue squad, |
| 25 | | ambulance unit, or emergency management services |
| 26 | | agency to contact to verify the information provided.
|
|
| | HB0774 Enrolled | - 9 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | 2. Police department vehicles in cities having a |
| 2 | | population of 500,000
or more inhabitants.
|
| 3 | | 3. Law enforcement vehicles of State or local |
| 4 | | authorities when used in
combination with red oscillating, |
| 5 | | rotating or flashing lights.
|
| 6 | | 4. Vehicles of local fire departments and State or |
| 7 | | federal
firefighting vehicles when used in combination |
| 8 | | with red oscillating,
rotating or flashing lights.
|
| 9 | | 5. Vehicles which are designed and used exclusively as |
| 10 | | ambulances or
rescue vehicles when used in combination with |
| 11 | | red oscillating, rotating or
flashing lights; furthermore, |
| 12 | | such lights shall not be lighted except when
responding to |
| 13 | | an emergency call.
|
| 14 | | 6. Vehicles that are equipped and used exclusively as |
| 15 | | organ transport
vehicles when used in combination with red |
| 16 | | oscillating, rotating, or flashing
lights; furthermore, |
| 17 | | these lights shall only be lighted when the transportation
|
| 18 | | is declared an emergency by a member of the transplant team |
| 19 | | or a
representative of the organ procurement organization.
|
| 20 | | 7. Vehicles of the Illinois Emergency Management |
| 21 | | Agency, vehicles of the Office of the Illinois State Fire |
| 22 | | Marshal, vehicles of the Illinois Department of Public |
| 23 | | Health, and vehicles of
the
Department of Nuclear Safety, |
| 24 | | when used in combination with red oscillating,
rotating, or |
| 25 | | flashing lights.
|
| 26 | | 8. Vehicles operated by a local or county emergency |
|
| | HB0774 Enrolled | - 10 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | management
services agency as defined in the Illinois |
| 2 | | Emergency Management Agency
Act, when used in combination |
| 3 | | with red oscillating, rotating, or
flashing lights.
|
| 4 | | 9. Vehicles of the Illinois Department of Natural |
| 5 | | Resources that are used for mine rescue and explosives |
| 6 | | emergency response, when used in combination with red |
| 7 | | oscillating,
rotating, or flashing lights. |
| 8 | | (c-1) In addition to the blue oscillating, rotating, or |
| 9 | | flashing
lights permitted under subsection (c), and |
| 10 | | notwithstanding subsection
(a), a vehicle operated by a |
| 11 | | voluntary firefighter, a voluntary member
of a rescue squad, or |
| 12 | | a member of a voluntary ambulance unit may be
equipped with |
| 13 | | flashing white headlights and blue grill lights, which may
be |
| 14 | | used only in responding to an emergency call or when parked or |
| 15 | | stationary at the scene of a fire, rescue call, ambulance call, |
| 16 | | or motor vehicle accident.
|
| 17 | | (c-2) In addition to the blue oscillating, rotating, or |
| 18 | | flashing
lights permitted under subsection (c), and |
| 19 | | notwithstanding subsection (a),
a vehicle operated by a paid or |
| 20 | | unpaid member of a local or county
emergency management |
| 21 | | services agency as defined in the Illinois Emergency
Management |
| 22 | | Agency Act, may be equipped with white oscillating, rotating,
|
| 23 | | or flashing lights to be used in combination with blue |
| 24 | | oscillating, rotating,
or flashing lights, if authorization by |
| 25 | | local authorities is in
writing and carried in the vehicle.
|
| 26 | | (d) The use of a combination of amber and white |
|
| | HB0774 Enrolled | - 11 - | LRB098 03609 MLW 33625 b |
|
|
|
| 1 | | oscillating, rotating or
flashing lights, whether lighted or |
| 2 | | unlighted, is prohibited except motor
vehicles or equipment of |
| 3 | | the State of Illinois, local authorities, contractors,
and |
| 4 | | union representatives may be so equipped; furthermore, such |
| 5 | | lights shall
not be lighted on vehicles of the State of |
| 6 | | Illinois, local authorities, and
contractors except while such |
| 7 | | vehicles are engaged in highway maintenance or
construction |
| 8 | | operations within the limits of highway construction projects, |
| 9 | | and
shall not be lighted on the vehicles of union |
| 10 | | representatives except when those
vehicles are within the |
| 11 | | limits of a construction project.
|
| 12 | | (e) All oscillating, rotating or flashing lights referred |
| 13 | | to in this Section
shall be of sufficient intensity, when |
| 14 | | illuminated, to be visible at 500
feet in normal sunlight.
|
| 15 | | (f) Nothing in this Section shall prohibit a manufacturer |
| 16 | | of oscillating,
rotating or flashing lights or his |
| 17 | | representative from temporarily mounting
such lights on a |
| 18 | | vehicle for demonstration purposes only.
|
| 19 | | (g) Any person violating the provisions of subsections (a), |
| 20 | | (b), (c) or (d)
of this Section who without lawful authority |
| 21 | | stops or detains or attempts
to stop or detain another person |
| 22 | | shall be guilty of a Class 2 felony.
|
| 23 | | (h) Except as provided in subsection (g) above, any person |
| 24 | | violating the
provisions of subsections (a) or (c) of this |
| 25 | | Section shall be guilty of a
Class A misdemeanor.
|
| 26 | | (Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10; |