Bill Text: IL SB2356 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway; (2) 70 miles per hour for all or part of highways that are designated by the Department of Transportation, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 65 miles per hour for all other highways, roads, and streets. Provides that the counties of Cook, DuPage, Kane, Lake, McHenry, and Will may adopt ordinances establishing speed limits lower than these speeds. Permits the Department of Transportation and Toll Highway Authority to alter speed limits up to the new maximum speed limit (rather than up to 65 miles per hour).
Spectrum: Slight Partisan Bill (Republican 44-28)
Status: (Passed) 2013-08-19 - Public Act . . . . . . . . . 98-0511 [SB2356 Detail]
Download: Illinois-2013-SB2356-Amended.html
Bill Title: Amends the Illinois Vehicle Code. Provides the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway; (2) 70 miles per hour for all or part of highways that are designated by the Department of Transportation, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 65 miles per hour for all other highways, roads, and streets. Provides that the counties of Cook, DuPage, Kane, Lake, McHenry, and Will may adopt ordinances establishing speed limits lower than these speeds. Permits the Department of Transportation and Toll Highway Authority to alter speed limits up to the new maximum speed limit (rather than up to 65 miles per hour).
Spectrum: Slight Partisan Bill (Republican 44-28)
Status: (Passed) 2013-08-19 - Public Act . . . . . . . . . 98-0511 [SB2356 Detail]
Download: Illinois-2013-SB2356-Amended.html
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1 | AMENDMENT TO SENATE BILL 2356
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2 | AMENDMENT NO. ______. Amend Senate Bill 2356 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 1-187.001, 11-601, 11-601.5, 11-602, and | ||||||
6 | 11-603 as follows:
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7 | (625 ILCS 5/1-187.001)
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8 | Sec. 1-187.001. Serious traffic violation.
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9 | (a) A conviction when operating a motor vehicle for:
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10 | (1) a violation of subsection (a) of Section 11-402, | ||||||
11 | relating to a motor
vehicle
accident involving damage to a | ||||||
12 | vehicle;
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13 | (2) a violation of Section 11-403, relating to failure | ||||||
14 | to stop and
exchange information after a motor vehicle | ||||||
15 | collision, property damage only;
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16 | (3) a violation of subsection (a) of Section 11-502, |
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1 | relating to illegal
transportation, possession, or | ||||||
2 | carrying of alcoholic liquor within the
passenger area of | ||||||
3 | any vehicle;
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4 | (4) a violation of Section 6-101 relating to operating | ||||||
5 | a motor vehicle
without a
valid license or permit;
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6 | (5) a violation of Section 11-403, relating to failure | ||||||
7 | to stop and
exchange information or give aid after a motor | ||||||
8 | vehicle collision involving
personal injury or death;
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9 | (6) a violation relating to excessive speeding, | ||||||
10 | involving a single
speeding charge of 25 30 miles per hour | ||||||
11 | or more above the legal speed limit;
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12 | (7) a violation relating to reckless driving;
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13 | (8) a violation of subsection (d) of Section 11-707, | ||||||
14 | relating to passing
in a no-passing zone;
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15 | (9) a violation of subsection (b) of Section 11-1402, | ||||||
16 | relating to
limitations on backing
upon a controlled access | ||||||
17 | highway;
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18 | (10) a violation of subsection (b) of Section 11-707, | ||||||
19 | relating to driving
on the left
side of a roadway in a | ||||||
20 | no-passing zone;
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21 | (11) a violation of subsection (e) of Section 11-1002, | ||||||
22 | relating to failure
to yield
the right-of-way to a | ||||||
23 | pedestrian at an intersection;
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24 | (12) a violation of Section 11-1008, relating to | ||||||
25 | failure to yield to a
pedestrian on a sidewalk; or
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26 | (13) a violation of Section 11-1201, relating to |
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1 | failure to stop for an
approaching railroad train or | ||||||
2 | railroad track equipment or signals; or
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3 | (b) Any other similar violation of a law or local ordinance | ||||||
4 | of any state
relating to motor vehicle traffic control, other | ||||||
5 | than a parking violation.
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6 | (c) A violation of any of these defined serious traffic | ||||||
7 | offenses shall
not preclude the defendant from being eligible | ||||||
8 | to receive an order of court
supervision under Section 5-6-1 of | ||||||
9 | the Unified Code of Corrections.
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10 | (Source: P.A. 96-1244, eff. 1-1-11.)
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11 | (625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
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12 | Sec. 11-601. General speed restrictions.
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13 | (a) No vehicle may be driven upon any highway of this State | ||||||
14 | at a speed
which is greater than is reasonable and proper with | ||||||
15 | regard to traffic
conditions and the use of the highway, or | ||||||
16 | endangers the safety of any
person or property. The fact that | ||||||
17 | the speed of a vehicle does not exceed
the applicable maximum | ||||||
18 | speed limit does not relieve the driver from the
duty to | ||||||
19 | decrease speed when approaching and crossing an intersection,
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20 | approaching and going around a curve, when approaching a hill | ||||||
21 | crest, when
traveling upon any narrow or winding roadway, or | ||||||
22 | when special hazard exists
with respect to pedestrians or other | ||||||
23 | traffic or by reason of weather or
highway conditions. Speed | ||||||
24 | must be decreased as may be necessary to avoid
colliding with | ||||||
25 | any person or vehicle on or entering the highway in
compliance |
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1 | with legal requirements and the duty of all persons to use due
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2 | care.
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3 | (b) No person may drive a vehicle upon any highway of this | ||||||
4 | State at a
speed which is greater than the applicable statutory | ||||||
5 | maximum speed limit
established by paragraphs (c), (d), (e), | ||||||
6 | (f) or (g) of this Section, by
Section 11-605 or by a | ||||||
7 | regulation or ordinance made under this Chapter.
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8 | (c) Unless some other speed restriction is established | ||||||
9 | under this
Chapter, the maximum speed limit in an urban | ||||||
10 | district for all vehicles is:
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11 | 1. 30 miles per hour; and
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12 | 2. 15 miles per hour in an alley.
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13 | (d) Unless some other speed restriction is established | ||||||
14 | under this Chapter,
the maximum speed limit outside an urban | ||||||
15 | district for any vehicle is (1) 65 miles per hour (i) for
all | ||||||
16 | highways under the jurisdiction of the Illinois State Toll
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17 | Highway Authority , unless some other speed limit is designated, | ||||||
18 | and (ii) for all or part of highways that are designated by
the | ||||||
19 | Department, have at least 4 lanes of traffic, and have a | ||||||
20 | separation between
the roadways moving in opposite directions | ||||||
21 | and (2) 55 miles per hour for all
other highways, roads, and | ||||||
22 | streets.
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23 | (d-1) Unless some other speed restriction is established | ||||||
24 | under this Chapter,
the maximum speed limit outside an urban | ||||||
25 | district for any vehicle is (1) 70 miles per hour on any | ||||||
26 | interstate highway as defined by Section 1-133.1 of this Code; |
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1 | (2) 65 miles per hour for all or part of highways that are | ||||||
2 | designated by the Department, have at least 4 lanes of traffic, | ||||||
3 | and have a separation between the roadways moving in opposite | ||||||
4 | directions; and (3) 55 miles per hour for all other highways, | ||||||
5 | roads, and streets. The counties of Cook, DuPage, Kane, Lake, | ||||||
6 | Madison, McHenry, St. Clair, and Will may adopt ordinances | ||||||
7 | setting a maximum speed limit on highways, roads, and streets | ||||||
8 | that is lower than the limits established by this Section. | ||||||
9 | (e) In the counties of Cook, DuPage, Kane, Lake, McHenry, | ||||||
10 | and Will, unless some lesser speed restriction is established | ||||||
11 | under
this
Chapter, the maximum speed limit outside an urban | ||||||
12 | district for a second
division vehicle designed or used for the | ||||||
13 | carrying of a gross weight of
8,001 pounds or more (including | ||||||
14 | the weight of the vehicle and
maximum load) is
55 miles per | ||||||
15 | hour.
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16 | (e-1) (Blank). | ||||||
17 | (f) Unless some other speed restriction is established | ||||||
18 | under this Chapter,
the maximum speed limit outside an urban | ||||||
19 | district for a bus is:
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20 | 1. 65 miles per hour upon any highway which has at | ||||||
21 | least 4 lanes of
traffic
and of which the roadways for | ||||||
22 | traffic moving in opposite directions are
separated by a | ||||||
23 | strip of ground which is not surfaced or suitable for | ||||||
24 | vehicular
traffic, except that the maximum speed limit for | ||||||
25 | a bus on all highways,
roads, or streets not under the | ||||||
26 | jurisdiction of the Department or the Illinois
State Toll |
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1 | Highway Authority
is 55 miles per hour; and
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2 | 1.5. 70 miles per hour, upon any interstate highway as | ||||||
3 | defined by Section 1-133.1 of this Code outside the | ||||||
4 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will; | ||||||
5 | and
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6 | 2. 55 miles per hour on any other highway.
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7 | (g) (Blank).
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8 | (Source: P.A. 96-524, eff. 1-1-10; 97-202, eff. 1-1-12.)
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9 | (625 ILCS 5/11-601.5)
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10 | Sec. 11-601.5. Driving 26 31 miles per hour or more in | ||||||
11 | excess of
applicable limit. | ||||||
12 | (a) A person who drives a vehicle upon any highway of
this | ||||||
13 | State at a speed that is 26 31 miles per hour or more but less | ||||||
14 | than 35 40 miles per hour in excess of
the applicable maximum | ||||||
15 | speed limit established under this Chapter or a
local ordinance | ||||||
16 | commits a Class B misdemeanor. | ||||||
17 | (b) A person who drives a vehicle upon any highway of
this | ||||||
18 | State at a speed that is 35 40 miles per hour or more in excess | ||||||
19 | of
the applicable maximum speed limit established under this | ||||||
20 | Chapter or a
local ordinance commits a Class A misdemeanor.
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21 | (Source: P.A. 96-1002, eff. 1-1-11; 96-1507, eff. 1-27-11.)
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22 | (625 ILCS 5/11-602) (from Ch. 95 1/2, par. 11-602)
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23 | Sec. 11-602. Alteration of limits by Department. Whenever | ||||||
24 | the Department
determines,
upon the basis of an engineering and |
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1 | traffic investigation concerning any
highway for which the | ||||||
2 | Department has maintenance responsibility, that a
maximum | ||||||
3 | speed limit prescribed in Section 11-601 of this Chapter is | ||||||
4 | greater
or less than is reasonable or safe with respect to the | ||||||
5 | conditions found
to exist at any intersection or other place on | ||||||
6 | such highway or along any
part or zone thereof, the Department | ||||||
7 | shall determine and declare a reasonable
and safe absolute | ||||||
8 | maximum speed limit applicable to such intersection or
place, | ||||||
9 | or along such part or zone. However, such limit shall conform | ||||||
10 | with the maximum speed limit restrictions provided for in | ||||||
11 | Section 11-601 of this Code not exceed
65 miles per hour on a
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12 | highway or street which is especially
designed for
through | ||||||
13 | traffic and to, from, or over which owners of or persons having
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14 | an interest in abutting property or other persons have no right | ||||||
15 | or easement,
or only a limited right or easement, of access, | ||||||
16 | crossing, light, air, or
view, and shall not exceed 55 miles | ||||||
17 | per hour on any other highway . Where
a highway under the | ||||||
18 | Department's jurisdiction
is contiguous to school property, | ||||||
19 | the Department may, at the school district's
request, set a
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20 | reduced maximum speed limit for student safety purposes in the | ||||||
21 | portion of the
highway that faces the school property and in | ||||||
22 | the portions of the highway that
extend
one-quarter mile in | ||||||
23 | each direction from the opposite ends of the school
property. A | ||||||
24 | limit determined and
declared as provided in this Section | ||||||
25 | becomes effective, and suspends the
applicability of the limit
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26 | prescribed
in Section 11-601 of this Chapter, when appropriate |
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1 | signs giving notice
of the limit are erected at such | ||||||
2 | intersection or other
place, or along such part or zone of the | ||||||
3 | highway. Electronic
speed-detecting devices shall not be used | ||||||
4 | within 500 feet beyond any such
sign in the direction of | ||||||
5 | travel; if so used in violation hereof, evidence
obtained | ||||||
6 | thereby shall be inadmissible in any prosecution for speeding.
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7 | However, nothing in this Section prohibits the use of such | ||||||
8 | electronic
speed-detecting devices within 500 feet of a sign | ||||||
9 | within a special
school speed zone indicating such zone, | ||||||
10 | conforming to the requirements of
Section 11-605 of this Act, | ||||||
11 | nor shall evidence obtained thereby be
inadmissible in any | ||||||
12 | prosecution for speeding provided the use of such
device shall | ||||||
13 | apply only to the enforcement of the speed limit in such
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14 | special school speed zone.
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15 | (Source: P.A. 96-524, eff. 1-1-10.)
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16 | (625 ILCS 5/11-603) (from Ch. 95 1/2, par. 11-603)
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17 | Sec. 11-603. Alteration of limits by Toll Highway | ||||||
18 | Authority.
Whenever the Illinois State Toll Highway Authority
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19 | determines, upon the basis of an
engineering and traffic | ||||||
20 | investigation concerning a toll highway under its
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21 | jurisdiction, that a maximum speed limit prescribed in Section | ||||||
22 | 11-601 of
this Chapter is greater or less than is reasonable or | ||||||
23 | safe with respect to
conditions found to exist at any place or | ||||||
24 | along any part or zone of such
highway, the Authority shall | ||||||
25 | determine and declare by regulation a
reasonable and safe |
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1 | absolute maximum speed limit at such place or along
such part | ||||||
2 | or zone, and the speed limit shall conform with the maximum | ||||||
3 | speed limit restrictions provided for in Section 11-601 of this | ||||||
4 | Code not exceeding 65 miles per hour . A limit so determined
and | ||||||
5 | declared becomes effective, and suspends the application of the | ||||||
6 | limit
prescribed in Section 11-601 of this Chapter, when (a) | ||||||
7 | the Department
concurs in writing with the Authority's | ||||||
8 | regulation, and (b) appropriate
signs giving notice of the | ||||||
9 | limit are erected at such place or along such
part or zone of | ||||||
10 | the highway. Electronic speed-detecting devices shall not
be | ||||||
11 | used within 500 feet beyond any such sign in the direction of | ||||||
12 | travel; if
so used in violation hereof, evidence obtained | ||||||
13 | thereby shall be
inadmissible in any prosecution for speeding.
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14 | (Source: P.A. 89-444, eff. 1-25-96.)".
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