Illinois General Assembly - Full Text of SB1298
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Full Text of SB1298  100th General Assembly

SB1298eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1298 EngrossedLRB100 08733 AXK 18871 b

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
5Sections 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
8vehicles of municipal departments or public service
9corporations as are designated or authorized by proper local
10authorities; police vehicles; vehicles of the fire department;
11vehicles of a HazMat or technical rescue team authorized by a
12county board under Section 5-1127 of the Counties Code;
13ambulances; vehicles of the Illinois Department of
14Corrections; vehicles of the Illinois Department of Juvenile
15Justice; vehicles of the Illinois Emergency Management Agency;
16vehicles of the Office of the Illinois State Fire Marshal; mine
17rescue and explosives emergency response vehicles of the
18Department of Natural Resources; vehicles of the Illinois
19Department of Public Health; vehicles of the Illinois State
20Toll Highway Authority with a gross vehicle weight rating of
219,000 pounds or more and those identified as Highway Emergency
22Lane Patrol; vehicles of the Illinois Department of
23Transportation identified as Emergency Traffic Patrol; and

 

 

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1vehicles of a municipal or county emergency services and
2disaster agency, as defined by the Illinois Emergency
3Management Agency Act.
4(Source: P.A. 97-149, eff. 7-14-11; 97-333, eff. 7-12-11;
598-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff.
67-16-14; 98-873, eff. 1-1-15.)
 
7    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
8    Sec. 12-215. Oscillating, rotating or flashing lights on
9motor vehicles. Except as otherwise provided in this Code:
10    (a) The use of red or white oscillating, rotating or
11flashing lights, whether lighted or unlighted, is prohibited
12except on:
13        1. Law enforcement vehicles of State, Federal or local
14    authorities;
15        2. A vehicle operated by a police officer or county
16    coroner and designated or authorized by local authorities,
17    in writing, as a law enforcement vehicle; however, such
18    designation or authorization must be carried in the
19    vehicle;
20        2.1. A vehicle operated by a fire chief who has
21    completed an emergency vehicle operation training course
22    approved by the Office of the State Fire Marshal and
23    designated or authorized by local authorities, in writing,
24    as a fire department, fire protection district, or township
25    fire department vehicle; however, the designation or

 

 

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

 

 

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

 

 

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

 

 

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1    in maintenance or construction operations within the
2    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

 

 

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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,
24    recycling, or refuse hauling. Such lights shall not be
25    lighted except when such vehicles are actually being used
26    for such purposes;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1signage shall be displayed on all sides of the vehicle in
2letters at least 2 inches tall and one-half inch wide. A
3vehicle authorized to have oscillating, rotating, or flashing
4lights mounted for demonstration purposes may not activate the
5lights while the vehicle is operated upon a highway.
6    (g) Any person violating the provisions of subsections (a),
7(b), (c) or (d) of this Section who without lawful authority
8stops or detains or attempts to stop or detain another person
9shall be guilty of a Class 2 felony.
10    (h) Except as provided in subsection (g) above, any person
11violating the provisions of subsections (a) or (c) of this
12Section shall be guilty of a Class A misdemeanor.
13(Source: P.A. 98-80, eff. 7-15-13; 98-123, eff. 1-1-14; 98-468,
14eff. 8-16-13; 98-756, eff. 7-16-14; 98-873, eff. 1-1-15; 99-40,
15eff. 1-1-16; 99-78, eff. 7-20-15; 99-125, eff. 1-1-16; 99-642,
16eff. 7-28-16.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.