Bill Text: IL HB2067 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Vehicle Code. Provides that vehicles operated by a not-for-profit emergency management organization are not prohibited from using red or white oscillating, rotating, or flashing lights. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-28 - Tabled [HB2067 Detail]

Download: Illinois-2019-HB2067-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2067

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215

Amends the Illinois Vehicle Code. Provides that vehicles operated by a not-for-profit emergency management organization are not prohibited from using red or white oscillating, rotating, or flashing lights. Effective immediately.
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A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-215 as follows:
6 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
7 Sec. 12-215. Oscillating, rotating or flashing lights on
8motor vehicles. Except as otherwise provided in this Code:
9 (a) The use of red or white oscillating, rotating or
10flashing lights, whether lighted or unlighted, is prohibited
11except on:
12 1. Law enforcement vehicles of State, Federal or local
13 authorities;
14 2. A vehicle operated by a police officer or county
15 coroner and designated or authorized by local authorities,
16 in writing, as a law enforcement vehicle; however, such
17 designation or authorization must be carried in the
18 vehicle;
19 2.1. A vehicle operated by a fire chief who has
20 completed an emergency vehicle operation training course
21 approved by the Office of the State Fire Marshal and
22 designated or authorized by local authorities, in writing,
23 as a fire department, fire protection district, or township

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1 fire department vehicle; however, the designation or
2 authorization must be carried in the vehicle, and the
3 lights may be visible or activated only when responding to
4 a bona fide emergency;
5 3. Vehicles of local fire departments and State or
6 federal firefighting vehicles;
7 4. Vehicles which are designed and used exclusively as
8 ambulances or rescue vehicles; furthermore, such lights
9 shall not be lighted except when responding to an emergency
10 call for and while actually conveying the sick or injured;
11 4.5. Vehicles which are occasionally used as rescue
12 vehicles that have been authorized for use as rescue
13 vehicles by a volunteer EMS provider, provided that the
14 operator of the vehicle has successfully completed an
15 emergency vehicle operation training course recognized by
16 the Department of Public Health; furthermore, the lights
17 shall not be lighted except when responding to an emergency
18 call for the sick or injured;
19 5. Tow trucks licensed in a state that requires such
20 lights; furthermore, such lights shall not be lighted on
21 any such tow truck while the tow truck is operating in the
22 State of Illinois;
23 6. Vehicles of the Illinois Emergency Management
24 Agency, vehicles of the Office of the Illinois State Fire
25 Marshal, vehicles of the Illinois Department of Public
26 Health, vehicles of the Illinois Department of

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1 Corrections, and vehicles of the Illinois Department of
2 Juvenile Justice;
3 7. Vehicles operated by a local or county emergency
4 management services agency, as defined in the Illinois
5 Emergency Management Agency Act, or by a not-for-profit
6 emergency management organization;
7 8. School buses operating alternately flashing head
8 lamps as permitted under Section 12-805 of this Code;
9 9. Vehicles that are equipped and used exclusively as
10 organ transplant vehicles when used in combination with
11 blue oscillating, rotating, or flashing lights;
12 furthermore, these lights shall be lighted only when the
13 transportation is declared an emergency by a member of the
14 transplant team or a representative of the organ
15 procurement organization;
16 10. Vehicles of the Illinois Department of Natural
17 Resources that are used for mine rescue and explosives
18 emergency response;
19 11. Vehicles of the Illinois Department of
20 Transportation identified as Emergency Traffic Patrol; the
21 lights shall not be lighted except when responding to an
22 emergency call or when parked or stationary while engaged
23 in motor vehicle assistance or at the scene of the
24 emergency; and
25 12. Vehicles of the Illinois State Toll Highway
26 Authority with a gross vehicle weight rating of 9,000

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1 pounds or more and those identified as Highway Emergency
2 Lane Patrol; the lights shall not be lighted except when
3 responding to an emergency call or when parked or
4 stationary while engaged in motor vehicle assistance or at
5 the scene of the emergency.
6 (b) The use of amber oscillating, rotating or flashing
7lights, whether lighted or unlighted, is prohibited except on:
8 1. Second division vehicles designed and used for
9 towing or hoisting vehicles; furthermore, such lights
10 shall not be lighted except as required in this paragraph
11 1; such lights shall be lighted when such vehicles are
12 actually being used at the scene of an accident or
13 disablement; if the towing vehicle is equipped with a flat
14 bed that supports all wheels of the vehicle being
15 transported, the lights shall not be lighted while the
16 vehicle is engaged in towing on a highway; if the towing
17 vehicle is not equipped with a flat bed that supports all
18 wheels of a vehicle being transported, the lights shall be
19 lighted while the towing vehicle is engaged in towing on a
20 highway during all times when the use of headlights is
21 required under Section 12-201 of this Code; in addition,
22 these vehicles may use white oscillating, rotating, or
23 flashing lights in combination with amber oscillating,
24 rotating, or flashing lights as provided in this paragraph;
25 2. Motor vehicles or equipment of the State of
26 Illinois, the Illinois State Toll Highway Authority, local

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1 authorities and contractors; furthermore, such lights
2 shall not be lighted except while such vehicles are engaged
3 in maintenance or construction operations within the
4 limits of construction projects;
5 3. Vehicles or equipment used by engineering or survey
6 crews; furthermore, such lights shall not be lighted except
7 while such vehicles are actually engaged in work on a
8 highway;
9 4. Vehicles of public utilities, municipalities, or
10 other construction, maintenance or automotive service
11 vehicles except that such lights shall be lighted only as a
12 means for indicating the presence of a vehicular traffic
13 hazard requiring unusual care in approaching, overtaking
14 or passing while such vehicles are engaged in maintenance,
15 service or construction on a highway;
16 5. Oversized vehicle or load; however, such lights
17 shall only be lighted when moving under permit issued by
18 the Department under Section 15-301 of this Code;
19 6. The front and rear of motorized equipment owned and
20 operated by the State of Illinois or any political
21 subdivision thereof, which is designed and used for removal
22 of snow and ice from highways;
23 6.1. The front and rear of motorized equipment or
24 vehicles that (i) are not owned by the State of Illinois or
25 any political subdivision of the State, (ii) are designed
26 and used for removal of snow and ice from highways and

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1 parking lots, and (iii) are equipped with a snow plow that
2 is 12 feet in width; these lights may not be lighted except
3 when the motorized equipment or vehicle is actually being
4 used for those purposes on behalf of a unit of government;
5 7. Fleet safety vehicles registered in another state,
6 furthermore, such lights shall not be lighted except as
7 provided for in Section 12-212 of this Code;
8 8. Such other vehicles as may be authorized by local
9 authorities;
10 9. Law enforcement vehicles of State or local
11 authorities when used in combination with red oscillating,
12 rotating or flashing lights;
13 9.5. Propane delivery trucks;
14 10. Vehicles used for collecting or delivering mail for
15 the United States Postal Service provided that such lights
16 shall not be lighted except when such vehicles are actually
17 being used for such purposes;
18 10.5. Vehicles of the Office of the Illinois State Fire
19 Marshal, provided that such lights shall not be lighted
20 except for when such vehicles are engaged in work for the
21 Office of the Illinois State Fire Marshal;
22 11. Any vehicle displaying a slow-moving vehicle
23 emblem as provided in Section 12-205.1;
24 12. All trucks equipped with self-compactors or
25 roll-off hoists and roll-on containers for garbage,
26 recycling, or refuse hauling. Such lights shall not be

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1 lighted except when such vehicles are actually being used
2 for such purposes;
3 13. Vehicles used by a security company, alarm
4 responder, control agency, or the Illinois Department of
5 Corrections;
6 14. Security vehicles of the Department of Human
7 Services; however, the lights shall not be lighted except
8 when being used for security related purposes under the
9 direction of the superintendent of the facility where the
10 vehicle is located; and
11 15. Vehicles of union representatives, except that the
12 lights shall be lighted only while the vehicle is within
13 the limits of a construction project.
14 (c) The use of blue oscillating, rotating or flashing
15lights, whether lighted or unlighted, is prohibited except on:
16 1. Rescue squad vehicles not owned by a fire department
17 and vehicles owned or operated by a:
18 voluntary firefighter;
19 paid firefighter;
20 part-paid firefighter;
21 call firefighter;
22 member of the board of trustees of a fire
23 protection district;
24 paid or unpaid member of a rescue squad;
25 paid or unpaid member of a voluntary ambulance
26 unit; or

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1 paid or unpaid members of a local or county
2 emergency management services agency as defined in the
3 Illinois Emergency Management Agency Act, designated
4 or authorized by local authorities, in writing, and
5 carrying that designation or authorization in the
6 vehicle.
7 However, such lights are not to be lighted except when
8 responding to a bona fide emergency or when parked or
9 stationary at the scene of a fire, rescue call, ambulance
10 call, or motor vehicle accident.
11 Any person using these lights in accordance with this
12 subdivision (c)1 must carry on his or her person an
13 identification card or letter identifying the bona fide
14 member of a fire department, fire protection district,
15 rescue squad, ambulance unit, or emergency management
16 services agency that owns or operates that vehicle. The
17 card or letter must include:
18 (A) the name of the fire department, fire
19 protection district, rescue squad, ambulance unit, or
20 emergency management services agency;
21 (B) the member's position within the fire
22 department, fire protection district, rescue squad,
23 ambulance unit, or emergency management services
24 agency;
25 (C) the member's term of service; and
26 (D) the name of a person within the fire

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1 department, fire protection district, rescue squad,
2 ambulance unit, or emergency management services
3 agency to contact to verify the information provided.
4 2. Police department vehicles in cities having a
5 population of 500,000 or more inhabitants.
6 3. Law enforcement vehicles of State or local
7 authorities when used in combination with red oscillating,
8 rotating or flashing lights.
9 4. Vehicles of local fire departments and State or
10 federal firefighting vehicles when used in combination
11 with red oscillating, rotating or flashing lights.
12 5. Vehicles which are designed and used exclusively as
13 ambulances or rescue vehicles when used in combination with
14 red oscillating, rotating or flashing lights; furthermore,
15 such lights shall not be lighted except when responding to
16 an emergency call.
17 6. Vehicles that are equipped and used exclusively as
18 organ transport vehicles when used in combination with red
19 oscillating, rotating, or flashing lights; furthermore,
20 these lights shall only be lighted when the transportation
21 is declared an emergency by a member of the transplant team
22 or a representative of the organ procurement organization.
23 7. Vehicles of the Illinois Emergency Management
24 Agency, vehicles of the Office of the Illinois State Fire
25 Marshal, vehicles of the Illinois Department of Public
26 Health, vehicles of the Illinois Department of

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1 Corrections, and vehicles of the Illinois Department of
2 Juvenile Justice, when used in combination with red
3 oscillating, rotating, or flashing lights.
4 8. Vehicles operated by a local or county emergency
5 management services agency as defined in the Illinois
6 Emergency Management Agency Act, when used in combination
7 with red oscillating, rotating, or flashing lights.
8 9. Vehicles of the Illinois Department of Natural
9 Resources that are used for mine rescue and explosives
10 emergency response, when used in combination with red
11 oscillating, rotating, or flashing lights.
12 (c-1) In addition to the blue oscillating, rotating, or
13flashing lights permitted under subsection (c), and
14notwithstanding subsection (a), a vehicle operated by a
15voluntary firefighter, a voluntary member of a rescue squad, or
16a member of a voluntary ambulance unit may be equipped with
17flashing white headlights and blue grill lights, which may be
18used only in responding to an emergency call or when parked or
19stationary at the scene of a fire, rescue call, ambulance call,
20or motor vehicle accident.
21 (c-2) In addition to the blue oscillating, rotating, or
22flashing lights permitted under subsection (c), and
23notwithstanding subsection (a), a vehicle operated by a paid or
24unpaid member of a local or county emergency management
25services agency as defined in the Illinois Emergency Management
26Agency Act, may be equipped with white oscillating, rotating,

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1or flashing lights to be used in combination with blue
2oscillating, rotating, or flashing lights, if authorization by
3local authorities is in writing and carried in the vehicle.
4 (d) The use of a combination of amber and white
5oscillating, rotating or flashing lights, whether lighted or
6unlighted, is prohibited except on second division vehicles
7designed and used for towing or hoisting vehicles or motor
8vehicles or equipment of the State of Illinois, local
9authorities, contractors, and union representatives;
10furthermore, such lights shall not be lighted on second
11division vehicles designed and used for towing or hoisting
12vehicles or vehicles of the State of Illinois, local
13authorities, and contractors except while such vehicles are
14engaged in a tow operation, highway maintenance, or
15construction operations within the limits of highway
16construction projects, and shall not be lighted on the vehicles
17of union representatives except when those vehicles are within
18the limits of a construction project.
19 (e) All oscillating, rotating or flashing lights referred
20to in this Section shall be of sufficient intensity, when
21illuminated, to be visible at 500 feet in normal sunlight.
22 (f) Nothing in this Section shall prohibit a manufacturer
23of oscillating, rotating or flashing lights or his
24representative or authorized vendor from temporarily mounting
25such lights on a vehicle for demonstration purposes only. If
26the lights are not covered while the vehicle is operated upon a

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1highway, the vehicle shall display signage indicating that the
2vehicle is out of service or not an emergency vehicle. The
3signage shall be displayed on all sides of the vehicle in
4letters at least 2 inches tall and one-half inch wide. A
5vehicle authorized to have oscillating, rotating, or flashing
6lights mounted for demonstration purposes may not activate the
7lights while the vehicle is operated upon a highway.
8 (g) Any person violating the provisions of subsections (a),
9(b), (c) or (d) of this Section who without lawful authority
10stops or detains or attempts to stop or detain another person
11shall be guilty of a Class 2 felony.
12 (h) Except as provided in subsection (g) above, any person
13violating the provisions of subsections (a) or (c) of this
14Section shall be guilty of a Class A misdemeanor.
15(Source: P.A. 99-40, eff. 1-1-16; 99-78, eff. 7-20-15; 99-125,
16eff. 1-1-16; 99-642, eff. 7-28-16; 100-62, eff. 8-11-17.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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