Bill Text: IL HB5718 | 2009-2010 | 96th General Assembly | Enrolled

---

Bill Title: Amends provisions of the Illinois Vehicle Code to change the name of an authorized emergency vehicle used by the Department of Natural Resources, which is permitted to use oscillating, rotating, or flashing lights, from a "mine rescue emergency response vehicle" to a "mine rescue and explosives emergency response vehicle". Effective immediately.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1190 [HB5718 Detail]

Download: Illinois-2009-HB5718-Enrolled.html

---

HB5718 Enrolled LRB096 18977 AJT 34365 b
AN ACT concerning transportation.
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 1-105 and 12-215 as follows:
(625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
Sec. 1-105. Authorized emergency vehicle. Emergency
vehicles of municipal departments or public service
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; mine rescue and explosives emergency response vehicles
of the Department of Natural Resources; and vehicles of the
Illinois Department of Public Health.
(Source: P.A. 96-214, eff. 8-10-09.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
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

HB5718 Enrolled - 2 - LRB096 18977 AJT 34365 b
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;
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;
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;
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

HB5718 Enrolled - 3 - LRB096 18977 AJT 34365 b
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Illinois Department of Public
Health, and vehicles of the Department of Nuclear Safety;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
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
emergency response.
(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

HB5718 Enrolled - 4 - LRB096 18977 AJT 34365 b
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 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;
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

HB5718 Enrolled - 5 - LRB096 18977 AJT 34365 b
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;
(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
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
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;
9.5. Propane delivery trucks;
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

HB5718 Enrolled - 6 - LRB096 18977 AJT 34365 b
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;
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; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire department
and vehicles owned or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;

HB5718 Enrolled - 7 - LRB096 18977 AJT 34365 b
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; or
paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency.
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

HB5718 Enrolled - 8 - LRB096 18977 AJT 34365 b
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.
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.
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
is declared an emergency by a member of the transplant team
or a representative of the organ procurement organization.
7. Vehicles of the Illinois Emergency Management

HB5718 Enrolled - 9 - LRB096 18977 AJT 34365 b
Agency, 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.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
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.
(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,
or flashing lights to be used in combination with blue

HB5718 Enrolled - 10 - LRB096 18977 AJT 34365 b
oscillating, rotating, or flashing lights, if authorization by
local authorities is in writing and carried in the vehicle.
(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, 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.
(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 2 felony.
(h) Except as provided in subsection (g) above, any person

HB5718 Enrolled - 11 - LRB096 18977 AJT 34365 b
violating the provisions of subsections (a) or (c) of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 96-214, eff. 8-10-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.