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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code.
625 ILCS 5/11‑904
(625 ILCS 5/11‑904) (from Ch. 95 1/2, par. 11‑904)
Sec. 11‑904.
Vehicle entering stop or yield intersection.
(a) Preferential right‑of‑way at an intersection may be indicated by
stop or yield signs as authorized in Section 11‑302 of this Chapter.
(b) Except when directed to proceed by a police officer or
traffic‑control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right‑of‑way to any vehicle which has
entered the intersection from another roadway or which is approaching so
closely on the roadway as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection, but said
driver having so yielded may proceed at such time as a safe interval
occurs.
(c) The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing conditions
and, if required for safety to stop, shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping, the driver shall yield the
right‑of‑way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time
such driver is moving across or within the intersection.
(d) If a driver is involved in a collision at an intersection or
interferes with the movement of other vehicles after driving past a yield
right‑of‑way sign, such collision or interference shall be deemed prima
facie evidence of the driver's failure to yield right‑of‑way.
(Source: P.A. 76‑1739.)
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625 ILCS 5/11‑905
(625 ILCS 5/11‑905) (from Ch. 95 1/2, par. 11‑905)
Sec. 11‑905.
Merging traffic.
Not withstanding the right of way provision
in Sec. 11‑901 of this Act, at an intersection where traffic lanes are provided
for merging traffic the driver of each vehicle on the converging roadways
is required to adjust his vehicular speed and lateral position
so as to avoid a collision with another vehicle.
(Source: P.A. 81‑860.)
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625 ILCS 5/11‑906
(625 ILCS 5/11‑906) (from Ch. 95 1/2, par. 11‑906)
Sec. 11‑906.
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from an alley,
building, private road or driveway shall yield the right‑of‑way to all
vehicles approaching on the highway to be entered.
(Source: P. A. 76‑1739.)
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625 ILCS 5/11‑907
(625 ILCS 5/11‑907) (from Ch. 95 1/2, par. 11‑907)
Sec. 11‑907. Operation of vehicles and streetcars on approach of authorized
emergency
vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle
making use of audible and visual signals meeting the requirements of this
Code or a police vehicle properly and lawfully making use of an audible
or visual signal,
(1) the driver of every other vehicle shall yield
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the right‑of‑way and shall immediately drive to a position parallel to, and as close as possible to, the right‑hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer and
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(2) the operator of every streetcar shall
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immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
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(b) This Section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the
authorized emergency vehicle is giving a signal by displaying alternately
flashing
red, red and white, blue, or red and blue lights or amber or yellow warning
lights, a
person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
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right‑of‑way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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(2) proceeding with due caution, reduce the speed of
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the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
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As used in this subsection (c), "authorized emergency vehicle"
includes any vehicle authorized by law to be equipped with oscillating,
rotating, or flashing lights under Section 12‑215 of this Code, while the owner
or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business
offense punishable by a fine of not less than $100 or more than $10,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11‑501 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate additional civil or criminal penalties.
(e) If a violation of subsection (c) of this Section results in damage to
the
property of another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to
another
person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the
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(2) extend the period of an existing suspension by
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the appropriate mandatory period.
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(Source: P.A. 95‑884, eff. 1‑1‑09.)
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(625 ILCS 5/11‑908) (from Ch. 95 1/2, par. 11‑908)
Sec. 11‑908. Vehicle approaching or entering a highway construction or
maintenance
area or zone.
(a) The driver of a vehicle shall yield the right of way to any
authorized vehicle or pedestrian actually engaged in work upon a highway
within any highway construction or maintenance area indicated by
official traffic‑control devices.
(a‑1) Upon entering a construction or maintenance zone
when workers are present, a
person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change |
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into a lane not adjacent to that of the workers present, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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(2) proceeding with due caution, reduce the speed of
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the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
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(a‑2) A person who violates subsection (a‑1) of this
Section commits a business
offense punishable by a fine of not less than $100 and not more than $10,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11‑501 of this Code.
(a‑3) If a violation of subsection (a‑1) of this Section
results in damage to the property of another person, in addition to any other
penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(a‑4) If a violation of subsection (a‑1) of this Section
results in injury to another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(a‑5) If a violation of subsection (a‑1) of this Section
results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(a‑6) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (a‑1) of this
Section:
(1) suspend the person's driving privileges for the
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(2) extend the period of an existing suspension by
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the appropriate mandatory period.
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(b) The driver of a vehicle shall yield the right of way to any
authorized vehicle obviously and actually engaged in work upon a highway
whenever the vehicle engaged in construction or maintenance work
displays flashing lights as provided in Section 12‑215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a
flagger or a traffic control signal and remain in such position until
signaled to proceed. If a driver of a vehicle fails to stop when signaled
to do so by a flagger, the flagger is authorized to report such offense to
the State's Attorney or authorized prosecutor.
The penalties imposed for a violation of this subsection (c) shall be in
addition to any penalties imposed for a violation of subsection (a‑1).
(Source: P.A. 92‑872, eff. 6‑1‑03; 93‑705, eff. 7‑9‑04.)
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(625 ILCS 5/Ch. 11 Art. X heading)
ARTICLE X.
PEDESTRIANS' RIGHTS AND DUTIES
625 ILCS 5/11‑1001
(625 ILCS 5/11‑1001) (from Ch. 95 1/2, par. 11‑1001)
Sec. 11‑1001.
Pedestrian obedience to traffic control devices and traffic
regulations.
(a) A pedestrian shall obey the instructions of any official traffic
control device specifically applicable to him, unless otherwise directed by
a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian control
signals provided in Sections 11‑306 and 11‑307 of this Chapter, but at all
other places pedestrians shall be accorded the privileges and shall be
subject to the restrictions stated in this Article.
(Source: P. A. 76‑1734.)
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625 ILCS 5/11‑1002
(625 ILCS 5/11‑1002) (from Ch. 95 1/2, par. 11‑1002)
Sec. 11‑1002.
Pedestrians' right‑of‑way at crosswalks.
(a) When
traffic control signals are not in place or not in operation the driver of
a vehicle shall yield the right‑of‑way, slowing down or stopping if need be to
so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a moving vehicle which is so close as to
constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section
11‑1003 (b).
(d) Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in
place at an intersection or at a plainly marked crosswalk between
intersections, drivers shall yield right‑of‑way to pedestrians as
set forth in Section 11‑904 of this Chapter.
(Source: P.A. 79‑857.)
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625 ILCS 5/11‑1002.5
(625 ILCS 5/11‑1002.5)
Sec. 11‑1002.5. Pedestrians' right‑of‑way at crosswalks; school zones. (a) For the purpose of this Section, "school" has the meaning ascribed to that term in Section 11‑605.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic and when
traffic control signals are not in place or not in operation, the driver of
a vehicle shall yield the right‑of‑way, slowing down or stopping if need be to
so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
For the purpose of this Section, a school day shall begin at seven ante
meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate signs are posted
in accordance with Section 11‑605.
(b) A first violation of this Section is a petty
offense with a minimum fine
of $150. A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
(c) When a fine for a violation of subsection (a) is $150 or greater,
the person who violates subsection (a) shall be charged an additional
$50 to be paid to the unit school
district where the
violation
occurred for school safety purposes. If the violation occurred in a dual
school district,
$25 of the surcharge shall be paid to the elementary school district for school
safety
purposes and $25 of the surcharge shall be paid to the high school district for
school
safety purposes. Notwithstanding any other provision of law, the entire $50
surcharge
shall be paid to the appropriate school district or districts.
For purposes of this subsection (c), "school safety purposes" has the meaning ascribed to that term in Section 11‑605.
(Source: P.A. 95‑302, eff. 1‑1‑08.)
625 ILCS 5/11‑1003
(625 ILCS 5/11‑1003) (from Ch. 95 1/2, par. 11‑1003)
Sec. 11‑1003.
Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right‑of‑way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the
right‑of‑way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic‑control signals
are in operation pedestrians shall not cross at any place except in a
marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic‑control devices; and, when
authorized to cross diagonally, pedestrians shall cross only in
accordance with the official traffic‑control devices pertaining to such
crossing movements.
(e) Pedestrians with disabilities may cross a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk where the
intersection is physically inaccessible to them but they shall yield the
right‑of‑way to all vehicles upon the roadway.
(Source: P.A. 88‑685, eff. 1‑24‑95.)
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625 ILCS 5/11‑1003.1
(625 ILCS 5/11‑1003.1) (from Ch. 95 1/2, par. 11‑1003.1)
Sec. 11‑1003.1.
Drivers to exercise due care.
Notwithstanding other provisions of this Code or the provisions of any
local ordinance, every driver of a vehicle shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle
or other device propelled by human power and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any obviously confused, incapacitated
or intoxicated person.
(Source: P.A. 82‑132.)
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625 ILCS 5/11‑1004
(625 ILCS 5/11‑1004) (from Ch. 95 1/2, par. 11‑1004)
Sec. 11‑1004.
Pedestrian with disabilities; right‑of‑way.
The driver of a
vehicle shall yield the right‑of‑way to any pedestrian with clearly visible
disabilities.
(Source: P.A. 88‑685, eff. 1‑24‑95.)
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625 ILCS 5/11‑1004.1
(625 ILCS 5/11‑1004.1) (from Ch. 95 1/2, par. 11‑1004.1)
Sec. 11‑1004.1.
Motorized wheelchairs.
Every person operating a
motorized wheelchair upon a sidewalk or roadway shall be granted all the
rights and shall be subject to all the duties applicable to a pedestrian.
(Source: P.A. 84‑672.)
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625 ILCS 5/11‑1005
(625 ILCS 5/11‑1005) (from Ch. 95 1/2, par. 11‑1005)
Sec. 11‑1005.
Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
(Source: P.A. 76‑1586.)
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625 ILCS 5/11‑1005.1
(625 ILCS 5/11‑1005.1)
Sec. 11‑1005.1.
Electric personal assistive mobility devices.
Every person operating an electric personal assistive mobility device
upon a sidewalk or roadway has all the
rights and is subject to all the duties applicable to a pedestrian.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non‑home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92‑868, eff. 6‑1‑03.)
625 ILCS 5/11‑1006
(625 ILCS 5/11‑1006) (from Ch. 95 1/2, par. 11‑1006)
Sec. 11‑1006.
Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any vehicle.
(b) No person shall stand on a highway for the purpose of soliciting
employment or business from the occupant of any vehicle.
(c) No person shall stand on a highway for the purpose of soliciting
contributions from the occupant of any vehicle except within a municipality
when expressly permitted by municipal ordinance. The local municipality, city,
village, or other local governmental entity in which the solicitation takes
place shall determine by ordinance where and when solicitations may take place
based on the safety of the solicitors and the safety of motorists. The
decision shall also take into account the orderly flow of traffic and may not
allow interference with the operation of official traffic control devices. The
soliciting agency shall be:
1. registered with the Attorney General as a |
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charitable organization as provided by "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor", approved July 26, 1963, as amended;
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2. engaged in a Statewide fund raising activity; and
3. liable for any injuries to any person or property
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during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.
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Any person engaged in the act of solicitation shall be 16 years of age
or more and shall be wearing a high visibility vest.
(d) No person shall stand on or in the proximity of a highway for the
purpose of soliciting the watching or guarding of any vehicle while parked
or about to be parked on a highway.
(e) Every person who is convicted of a violation of this Section shall
be guilty of a Class A misdemeanor.
(Source: P.A. 88‑589, eff. 8‑14‑94.)
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625 ILCS 5/11‑1007
(625 ILCS 5/11‑1007) (from Ch. 95 1/2, par. 11‑1007)
Sec. 11‑1007.
Pedestrians walking on highways.
(a) Where a sidewalk is
provided and its use is practicable, it shall be unlawful for any pedestrian to walk
along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along and upon
a highway shall walk only on a shoulder, as far as practicable from the edge of
the roadway.
(c) Where neither a sidewalk nor a shoulder is available, any pedestrian
walking along and upon a highway shall walk as near as practicable to an outside
edge of a roadway, and, if on a two‑way roadway, shall walk only on the left side
of the roadway.
(d) Except as otherwise provided in this Chapter, any pedestrian upon
a roadway shall yield the right‑of‑way to all vehicles upon the roadway.
(Source: P.A. 79‑857.)
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625 ILCS 5/11‑1008
(625 ILCS 5/11‑1008) (from Ch. 95 1/2, par. 11‑1008)
Sec. 11‑1008.
Right‑of‑way on sidewalks.
The driver of a vehicle
shall yield the right‑of‑way to any pedestrian on a sidewalk.
(Source: P.A. 79‑857.)
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625 ILCS 5/11‑1009
(625 ILCS 5/11‑1009) (from Ch. 95 1/2, par. 11‑1009)
Sec. 11‑1009.
Pedestrians yield to authorized emergency vehicles.
Upon the immediate approach of an authorized emergency vehicle making use
of an audible signal
and visual signals
meeting the requirements of Section 12‑217 of this
Chapter, or of a police vehicle properly and lawfully making use of an audible
signal only, every pedestrian shall yield the right‑of‑way to the authorized
emergency vehicle.
(Source: P.A. 79‑857.)
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625 ILCS 5/11‑1010
(625 ILCS 5/11‑1010) (from Ch. 95 1/2, par. 11‑1010)
Sec. 11‑1010.
Pedestrians under influence of alcohol or drugs.
A pedestrian who is under the influence of alcohol or any drug to a degree
which renders himself a hazard shall not walk or be upon a highway except on
a sidewalk.
(Source: P.A. 79‑857.)
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625 ILCS 5/11‑1011
(625 ILCS 5/11‑1011) (from Ch. 95 1/2, par. 11‑1011)
Sec. 11‑1011.
Bridge and railroad signals.
(a) No pedestrian
shall enter or remain
upon any bridge or approach thereto beyond the bridge signal, gate, or
barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over, or under any
crossing gate or barrier at a railroad grade crossing or bridge while such
gate or barrier is closed or is being opened or closed.
(c) No pedestrian shall enter, remain upon or traverse over a railroad
grade crossing or pedestrian walkway crossing a railroad track when an
audible bell or clearly visible electric or mechanical signal device is
operational giving warning of the presence, approach, passage, or
departure of a
railroad train.
(d) A violation of any part of this Section is a petty offense for
which a $250 fine shall be imposed for a first violation, and a $500 fine shall
be imposed for a
second or subsequent violation. The court may impose 25 hours of community
service in place of the $250
fine for a
first violation.
(e) Local authorities shall impose fines as established in subsection (d)
for pedestrians who fail to obey signals indicating the presence,
approach, passage, or
departure of
a train.
(Source: P.A. 92‑814, eff. 1‑1‑03.)
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(625 ILCS 5/Ch. 11 Art. XI heading)
ARTICLE XI.
STREET CARS AND SAFETY ZONES
625 ILCS 5/11‑1101
(625 ILCS 5/11‑1101) (from Ch. 95 1/2, par. 11‑1101)
Sec. 11‑1101.
Passing street car on left.
(a) The driver of a vehicle shall not overtake and pass upon the left
nor drive upon the left side of any street car proceeding in the same
direction, whether such street car is actually in motion or temporarily at
rest, except:
1. When so directed by a police officer;
2. When upon a one‑way street; or
3. When upon a street where the tracks are so located as to prevent
compliance with the section.
(b) The driver of any vehicle when permitted to overtake and pass upon
the left of a street car which has stopped for the purpose of receiving or
discharging any passenger shall reduce speed and may proceed only upon
exercising due caution for pedestrians and shall accord pedestrians the
right‑of‑way when required by other Sections of this Chapter.
(Source: P.A. 76‑1586.)
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625 ILCS 5/11‑1102
(625 ILCS 5/11‑1102) (from Ch. 95 1/2, par. 11‑1102)
Sec. 11‑1102.
Passing street car on right.
The driver of a vehicle overtaking upon the right any street car stopped
or about to stop for the purpose of receiving or discharging any passenger
shall stop such vehicle at least ten feet to the rear of the nearest
running board or door of such street car and thereupon remain standing
until all passengers have boarded such car or upon alighting have reached a
place of safety, except that where a safety zone has been established a
vehicle need not be brought to a stop before passing any such street car
but may proceed past such car at a speed not greater than is reasonable and
proper and with due caution for the safety of pedestrians.
(Source: P.A. 76‑1586.)
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625 ILCS 5/11‑1103
(625 ILCS 5/11‑1103) (from Ch. 95 1/2, par. 11‑1103)
Sec. 11‑1103.
Driving on street car tracks.
(a) The driver of any vehicle proceeding upon any street car track in
front of a street car upon a street shall remove such vehicle from the
track as soon as practical after signal from the operator of said street
car.
(b) The driver of a vehicle upon overtaking and passing a street car
shall not turn in front of such street car so as to interfere with or
impede its movement.
(Source: P.A. 76‑1586.)
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625 ILCS 5/11‑1104
(625 ILCS 5/11‑1104) (from Ch. 95 1/2, par. 11‑1104)
Sec. 11‑1104.
Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/Ch. 11 Art. XII heading)
ARTICLE XII.
SPECIAL STOPS REQUIRED
625 ILCS 5/11‑1201
(625 ILCS 5/11‑1201) (from Ch. 95 1/2, par. 11‑1201)
Sec. 11‑1201. Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop, the
person must
exercise due care and caution as the existence of
a railroad track across a highway is a warning of danger, and under any of
the circumstances stated in this Section, the driver shall stop within 50
feet but not less than 15 feet from the nearest rail of the railroad and
shall not proceed until the tracks are clear and he or she can do so
safely. The
foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal
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device gives warning of the immediate approach of a railroad train;
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2. A crossing gate is lowered or a human flagman
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gives or continues to give a signal of the approach or passage of a railroad train;
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3. A railroad train approaching a highway crossing
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emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
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4. An approaching railroad train is plainly visible
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and is in hazardous proximity to such crossing;
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5. A railroad train is approaching so closely that
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an immediate hazard is created.
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(a‑5) Whenever a person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop but must slow down,
the person must exercise due care and caution as the existence of a railroad
track across a highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall slow down within 50 feet
but not less than 15 feet from the nearest rail of the railroad and shall not
proceed until he or she checks that the tracks are clear of an approaching
train.
(b) No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs
are erected the driver of any vehicle shall stop within 50
feet but not less than 15 feet from the nearest rail of such
railroad and shall proceed only upon exercising due care.
(d) At any railroad grade crossing provided with railroad crossbuck signs,
without automatic, electric, or mechanical signal devices, crossing gates, or a
human flagman giving a signal of the approach or passage of a train, the driver
of a vehicle shall in obedience to the railroad crossbuck sign, yield the
right‑of‑way and slow down to a speed reasonable for the existing conditions
and shall stop, if required for safety, at a clearly marked stopped line, or if
no stop line, within 50 feet but not less than 15 feet from the nearest rail of
the railroad and shall not proceed until he or she can do so safely. If a
driver is involved in a collision at a railroad crossing or interferes with the
movement of a train after driving past the railroad crossbuck sign, the
collision or interference is prima facie evidence of the driver's
failure to yield right‑of‑way.
(d‑1) No person shall, while driving a commercial motor vehicle, fail to
negotiate
a railroad‑highway grade railroad crossing because of insufficient
undercarriage
clearance.
(d‑5) (Blank).
(e) It is unlawful to violate any part of this
Section.
(1) A violation of this Section is a petty offense
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for which a fine of $250 shall be imposed for a first violation, and a fine of $500 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $250 fine for the first violation.
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(2) For a second or subsequent violation, the
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Secretary of State may suspend the driving privileges of the offender for a minimum of 6 months.
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(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals indicating the
presence,
approach, passage, or departure of a
train shall impose fines as established in subsection (e) of this Section.
(Source: P.A. 95‑331, eff. 8‑21‑07.)
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625 ILCS 5/11‑1201.1
(625 ILCS 5/11‑1201.1)
Sec. 11‑1201.1. Automated Railroad Crossing Enforcement System.
(a) For the purposes of this Section, an automated railroad grade crossing
enforcement system is a system in a municipality or county operated by a governmental agency that produces a recorded image of a motor vehicle's violation of a provision of this Code or local ordinance and is designed to obtain a clear recorded image of the vehicle and vehicle's license plate. The recorded image must also display the time, date, and location of the violation. As used in this Section, "recorded images" means images recorded by an automated railroad grade crossing enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and,
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on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.
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(b) The Illinois
Commerce Commission may, in cooperation with a
local law enforcement agency, establish in any county or municipality an automated
railroad grade crossing enforcement system at any railroad grade crossing equipped with a crossing gate designated by local authorities. Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. After the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.
(b‑1) (Blank.)
(c) For each violation of Section 11‑1201 of this Code or a local ordinance recorded by an automated railroad grade crossing enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
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(2) the registration number of the motor vehicle
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involved in the violation;
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(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
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date by which the civil penalty should be paid;
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(8) a statement that recorded images are evidence of
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a violation of a railroad grade crossing;
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(9) a warning that failure to pay the civil penalty
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or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle; and
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(10) a statement that the person may elect to proceed
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(A) paying the fine; or
(B) challenging the charge in court, by mail, or
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by administrative hearing.
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(d) If a person charged with a traffic violation, as a result of an automated railroad grade crossing enforcement system, does not pay or successfully contest the civil penalty resulting from that violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle under Section 6‑306.5 of this Code for failing to pay any fine or penalty due and owing as a result of 5 violations of the automated railroad grade crossing enforcement system.
(d‑1) (Blank.)
(d‑2) (Blank.)
(e) Based on inspection of recorded images produced by an automated railroad grade crossing enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.
(e‑1) Recorded images made by an automated railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
(e‑2) The court or hearing officer may consider the following in the defense of a violation:
(1) that the motor vehicle or registration plates of
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the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;
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(2) that the driver of the motor vehicle received a
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Uniform Traffic Citation from a police officer at the time of the violation for the same offense;
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(3) any other evidence or issues provided by
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municipal or county ordinance.
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(e‑3) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad grade crossing
enforcement system shall be posted with a sign visible to approaching traffic
stating that the railroad grade crossing is being monitored, that citations
will be issued, and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade crossing enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of citations issued or the revenue generated by the system.
(h) (Blank.)
(i) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(j) Penalty. A civil fine of
$250 shall be imposed for a first violation of this Section, and a civil fine of $500 shall be
imposed for a second or subsequent violation of this Section.
(Source: P.A. 96‑478, eff. 1‑1‑10.)
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625 ILCS 5/11‑1201.5
(625 ILCS 5/11‑1201.5)
Sec. 11‑1201.5. (Repealed).
(Source: P.A. 94‑771, eff. 1‑1‑07. Repealed by P.A. 96‑478, eff. 1‑1‑10.)
625 ILCS 5/11‑1202
(625 ILCS 5/11‑1202) (from Ch. 95 1/2, par. 11‑1202)
Sec. 11‑1202. Certain vehicles must stop at all railroad grade
crossings.
(a) The driver of any of the following vehicles shall, before
crossing a railroad track or tracks at grade, stop such vehicle within 50
feet but not less than 15 feet from the nearest rail and, while so stopped,
shall listen and look for the approach of a train and shall not proceed
until such movement can be made with safety:
1. Any second division vehicle carrying passengers
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2. Any bus that meets all of the special
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requirements for school buses in Sections 12‑801, 12‑803, and 12‑805 of this Code. The driver of the bus, in addition to complying with all other applicable requirements of this subsection (a), must also (i) turn off all noise producing accessories, including heater blowers, defroster fans, auxiliary fans, and radios, and (ii) open the service door and driver's window, before crossing a railroad track or tracks;
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3. Any other vehicle which is required by Federal or
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State law to be placarded when carrying as a cargo or part of a cargo hazardous material as defined in the "Illinois Hazardous Materials Transportation Act".
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After stopping as required in this Section, the driver shall proceed only in
a gear not requiring a change of gears during the crossing, and the driver
shall not shift gears while crossing the track or tracks.
(b) This Section shall not apply:
1. At any railroad grade crossing where traffic is
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controlled by a police officer or flagperson;
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2. At any railroad grade crossing controlled by a
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functioning traffic‑control signal transmitting a green indication which, under law, permits the vehicle to proceed across the railroad tracks without slowing or stopping, except that subsection (a) shall apply to any school bus;
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3. At any streetcar grade crossing within a business
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or residence district; or
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4. At any abandoned, industrial or spur track
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railroad grade crossing designated as exempt by the Illinois Commerce Commission and marked with an official sign as authorized in the State Manual on Uniform Traffic Control Devices for Streets and Highways.
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(Source: P.A. 94‑519, eff. 8‑10‑05; 95‑756, eff. 1‑1‑09.)
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625 ILCS 5/11‑1203
(625 ILCS 5/11‑1203) (from Ch. 95 1/2, par. 11‑1203)
Sec. 11‑1203.
Moving heavy equipment at railroad grade crossing.
(a) No person shall operate or move any crawler‑type tractor, power
shovel, derrick, roller, or any equipment or structure having a normal
operating speed of 10 or less miles per hour, or, for such equipment with
18 feet or less distance between two adjacent axles, having a vertical body
or load clearance of less than 9 inches above a level surface, or, for such
equipment with more than 18 feet between two adjacent axles, having a
vertical body or load clearance of less than 1/2 inch per foot of distance
between such adjacent axles above a level surface upon or across any tracks
at a railroad grade crossing without first complying with this Section.
(b) Notice of any such intended crossing shall be given to a
superintendent of such railroad and a reasonable time be given to such
railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any
such vehicle or equipment shall first stop the same not less than 15 feet
nor more than 50 feet from the nearest rail of such railway and while so
stopped shall listen and look in both directions along such track for any
approaching train and for signals indicating the approach of a train, and
shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train or car.
(Source: P.A. 76‑2172.)
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625 ILCS 5/11‑1204
(625 ILCS 5/11‑1204) (from Ch. 95 1/2, par. 11‑1204)
Sec. 11‑1204.
Stop and yield signs.
(a) Preferential right‑of‑way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 11‑302 of this Act.
(b) Except when directed to proceed by a police officer or traffic
control signal, every driver of a vehicle and every motorman of a streetcar
approaching a stop intersection indicated by a stop sign shall stop before
entering the crosswalk on the near side of the intersection or, in the
event there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before
entering the intersection.
(c) The driver of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the crosswalk on the near side of
the intersection or, in the event there is no crosswalk, at a clearly
marked stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway.
(Source: P.A. 76‑1586.)
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625 ILCS 5/11‑1205
(625 ILCS 5/11‑1205) (from Ch. 95 1/2, par. 11‑1205)
Sec. 11‑1205.
Emerging from alley, building, or private road or driveway.
The driver of a vehicle emerging from an alley, building, private road
or driveway within an urban area shall stop such vehicle immediately prior
to driving into the sidewalk area extending across such alley, building
entrance, road or driveway, or in the event there is no sidewalk area,
shall stop at the point nearest the street to be entered where the driver
has a view of approaching traffic thereon, and shall yield the right‑of‑way
to any pedestrian as may be necessary to avoid collision, and upon entering
the roadway shall yield the right‑of‑way to all vehicles approaching on
such roadway.
(Source: P. A. 77‑1344.)
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(625 ILCS 5/Ch. 11 Art. XIII heading)
ARTICLE XIII.
STOPPING, STANDING,
AND PARKING
625 ILCS 5/11‑1301
(625 ILCS 5/11‑1301) (from Ch. 95 1/2, par. 11‑1301)
Sec. 11‑1301.
Stopping, standing or parking outside of business or residence
district.
(a) Outside a business or residence district,
no person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon the roadway when
it is practicable to stop, park or so leave such vehicle off
the roadway, but in every event an unobstructed width of the highway
opposite a standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicle shall be available from a
distance of 200 feet in each direction upon such highway.
(b) The Department with respect to highways under its jurisdiction or
for the maintenance of which it is responsible may place signs prohibiting
or restricting the stopping, standing or parking of vehicles on any highway
where in its opinion such stopping, standing or parking is dangerous to
those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon.
Any such regulations adopted by the Department regarding the stopping,
standing or parking of vehicles upon any specific street, streets or
highways become effective at the time of the erection of appropriate signs
indicating such regulations. Any such signs may be erected either by the
Department or by a local authority with the approval of the Department.
(c) This Section, Section 11‑1303 and Section 11‑1304 shall
not apply to the driver of any vehicle which is
disabled in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the vehicle
in such position.
(d) Any second division vehicle used exclusively for the collection of
garbage, refuse, or recyclable material may stop or stand on the road in a
business, rural, or
residential district for the sole purpose of collecting garbage, refuse, or
recyclable material. The vehicle, in addition to having its hazard lights
lighted at all times that it is engaged in stopping or standing, shall also use
its amber oscillating, rotating, or flashing light or lights as authorized
under
paragraph 12 of subsection (b) of Section 12‑215, if so equipped.
(Source: P.A. 91‑869, eff. 1‑1‑01.)
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625 ILCS 5/11‑1301.1
(625 ILCS 5/11‑1301.1) (from Ch. 95 1/2, par. 11‑1301.1)
Sec. 11‑1301.1. Persons with disabilities ‑ Parking privileges ‑ Exemptions. A motor vehicle bearing registration plates issued to a person with
disabilities, as defined by Section 1‑159.1, pursuant to Section 3‑616 or to a
disabled veteran pursuant to Section 3‑609 or a special decal or device issued
pursuant to Section 3‑616 or pursuant to Section 11‑1301.2 of this Code or a
motor vehicle registered in another jurisdiction, state, district, territory or
foreign country upon which is displayed a registration plate, special decal or
device issued by the other jurisdiction designating the vehicle is operated by
or for a person with disabilities shall be exempt from the payment of parking
meter fees and exempt from any statute or ordinance imposing time limitations
on parking, except limitations of one‑half hour or less, on any street or
highway zone, or any parking lot or parking place which
are owned, leased or owned and leased by a municipality or a municipal
parking utility; and shall be recognized by state and local authorities
as a valid license plate or parking device and shall receive the same
parking privileges as residents of this State; but, such vehicle shall be
subject to the laws which prohibit parking in "no stopping" and "no
standing" zones in front of or near fire hydrants, driveways, public
building entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a traffic
hazard, whereby such motor vehicle shall be moved at the instruction and
request of a law enforcement officer to a location designated by the
officer. Any motor vehicle bearing registration plates or a special decal
or device specified in this Section or in Section 3‑616 of this Code or
such parking device as specifically authorized in Section 11‑1301.2 as
evidence that the vehicle is operated by or for a person with disabilities or
disabled veteran may park, in addition to any
other lawful place, in any parking place specifically reserved for such
vehicles by the posting of an official sign as provided under Section 11‑301.
Parking privileges granted by this Section are strictly limited
to the person to whom the special registration plates, special decal or
device were issued and to qualified operators acting under his express
direction while the person with disabilities is present.
A person to whom privileges were granted shall, at the request of a
police officer or any other person invested by law with authority to direct,
control, or regulate traffic, present an identification card with a picture as
verification that the
person is the person to whom the special registration plates, special decal or
device was issued.
Such parking privileges granted by this Section are also extended to
motor vehicles of not‑for‑profit organizations used for the transportation of
persons with disabilities when such motor vehicles display the decal or device
issued pursuant to Section 11‑1301.2 of this Code.
No person shall use any area for the parking of any motor vehicle
pursuant to Section 11‑1303 of this Code or where an official sign
controlling such area expressly prohibits parking at any time or during
certain hours.
(Source: P.A. 95‑167, eff. 1‑1‑08; 96‑79, eff. 1‑1‑10.)
625 ILCS 5/11‑1301.2
(625 ILCS 5/11‑1301.2) (from Ch. 95 1/2, par. 11‑1301.2)
(Text of Section from P.A. 96‑72)
Sec. 11‑1301.2. Special decals for a person with disabilities parking.
(a) The Secretary of State shall provide for, by administrative rules, the
design, size, color, and placement of a person with disabilities motorist decal
or device
and shall provide for, by administrative
rules, the content and form of an application for a person with disabilities
motorist decal or device,
which shall be used by local authorities in the issuance thereof to a
person with temporary disabilities, provided that the decal or device is
valid for no more than 90 days, subject to renewal for like periods based upon
continued disability, and further provided that the decal or device clearly
sets forth the date that the decal or device expires.
The application shall
include the requirement of an Illinois Identification Card number or a State
of Illinois driver's license number.
This decal or device may be used by the authorized holder to designate and identify a vehicle not owned or displaying a
registration plate as provided in Sections 3‑609, 3‑609.01, and 3‑616 of this Act to
designate when the vehicle is being used to transport said person or persons
with disabilities, and thus is entitled to enjoy all the privileges that would
be afforded a person with disabilities licensed vehicle.
Person with disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local authorities
regardless of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by adequate
documentation that the person for whose benefit the decal or device is to be
used has a temporary disability as defined in Section 1‑159.1 of this
Code.
(b) The local governing authorities shall be responsible for the provision
of such decal or device, its issuance and designated placement within the
vehicle. The cost of such decal or device shall be at the discretion of
such local governing authority.
(c) The Secretary of State may, pursuant to Section 3‑616(c), issue
a person with disabilities parking decal or device to a person with
disabilities as defined by Section 1‑159.1. Any person with disabilities
parking decal or device issued by the Secretary of State shall be registered to
that person with disabilities in the form to be prescribed by the Secretary of
State. The person with disabilities parking decal or device shall not display
that person's address. One additional decal or device may be issued to an
applicant upon his or her written request and with the approval of the
Secretary of
State.
The written request must include a justification of the need for the
additional decal or device.
(d) Replacement decals or devices may be issued for lost, stolen, or
destroyed decals upon application and payment of a $10 fee. The replacement
fee may be waived for individuals that have claimed and received a grant under
the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act.
(Source: P.A. 95‑167, eff. 1‑1‑08; 96‑72, eff. 1‑1‑10.)
(Text of Section from P.A. 96‑79)
Sec. 11‑1301.2. Special decals for a person with disabilities parking.
(a) The Secretary of State shall provide for, by administrative rules, the
design, size, color, and placement of a person with disabilities motorist decal
or device
and shall provide for, by administrative
rules, the content and form of an application for a person with disabilities
motorist decal or device,
which shall be used by local authorities in the issuance thereof to a
person with temporary disabilities, provided that the decal or device is
valid for no more than 90 days, subject to renewal for like periods based upon
continued disability, and further provided that the decal or device clearly
sets forth the date that the decal or device expires.
The application shall
include the requirement of an Illinois Identification Card number or a State
of Illinois driver's license number.
This decal or device shall be the property of such
person with disabilities and may be used by that person to designate and identify a vehicle not owned or displaying a
registration plate as provided in Sections 3‑609 and 3‑616 of this Act to
designate when the vehicle is being used to transport said person or persons
with disabilities, and thus is entitled to enjoy all the privileges that would
be afforded a person with disabilities licensed vehicle.
Person with disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local authorities
regardless of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by adequate
documentation that the person for whose benefit the decal or device is to be
used has a temporary disability as defined in Section 1‑159.1 of this
Code.
(b) The local governing authorities shall be responsible for the provision
of such decal or device, its issuance and designated placement within the
vehicle. The cost of such decal or device shall be at the discretion of
such local governing authority.
(c) The Secretary of State may, pursuant to Section 3‑616(c), issue
a person with disabilities parking decal or device to a person with
disabilities as defined by Section 1‑159.1. Any person with disabilities
parking decal or device issued by the Secretary of State shall be registered to
that person with disabilities in the form to be prescribed by the Secretary of
State. The person with disabilities parking decal or device shall not display
that person's address. One additional decal or device may be issued to an
applicant upon his or her written request and with the approval of the
Secretary of
State.
The written request must include a justification of the need for the
additional decal or device.
(d) Replacement decals or devices may be issued for lost, stolen, or
destroyed decals upon application and payment of a $10 fee. The replacement
fee may be waived for individuals that have claimed and received a grant under
the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act.
(Source: P.A. 95‑167, eff. 1‑1‑08; 96‑79, eff. 1‑1‑10.)
625 ILCS 5/11‑1301.3
(625 ILCS 5/11‑1301.3) (from Ch. 95 1/2, par. 11‑1301.3)
(Text of Section from P.A. 96‑72)
Sec. 11‑1301.3. Unauthorized use of parking places reserved for persons with
disabilities. (a) It shall be prohibited to park any motor vehicle which is not properly
displaying
registration plates or decals issued to a person with disabilities, as defined
by Section 1‑159.1, pursuant to Sections 3‑616, 11‑1301.1 or 11‑1301.2, or to
a disabled veteran pursuant to Section 3‑609 or 3‑609.01 of this Act, as evidence that the
vehicle is operated by or for a person with disabilities or disabled veteran,
in any parking place, including any private
or public offstreet parking facility, specifically reserved, by the
posting of an official sign as designated under Section 11‑301, for
motor vehicles displaying such registration plates.
It shall be prohibited to park any motor vehicle in a designated access
aisle adjacent to any parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11‑301, for motor vehicles displaying such registration plates.
When using the parking privileges for persons with disabilities, the parking
decal or device must be displayed properly in the vehicle where it is clearly
visible to law enforcement personnel, either hanging from the rearview mirror
or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a
parking decal or device containing the International symbol of access
issued to persons with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and local
authorities as a valid license plate or device and receive the same parking
privileges as residents of this State.
(a‑1) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Sections 3‑616, 11‑1301.1, or 11‑1301.2 or to a disabled veteran under Section 3‑609 or 3‑609.01 is in violation of this Section if (i) the person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location and (ii) the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this Code.
(b) Any person or local authority owning or operating any public or private
offstreet parking facility may, after notifying the police or sheriff's
department, remove or cause to be removed to the nearest garage or other
place of safety any vehicle parked within a stall or space reserved for
use by a person with disabilities which does not
display person with disabilities registration
plates or a special decal or device as required under this Section.
(c) Any person found guilty of violating the provisions of subsection (a) shall be fined $250 in addition to any costs or charges connected
with the removal or storage of any motor vehicle authorized under this
Section; but municipalities by ordinance may impose a fine up to $350
and shall display signs indicating the fine imposed. If the amount of
the fine is subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine.
It shall not be a defense to a charge under this Section that either the sign posted
pursuant to this
Section or the intended accessible parking place does not comply with the technical requirements of Section 11‑301,
Department
regulations, or local ordinance if a reasonable person would be made aware by
the
sign or notice on or near the parking place that the place is reserved for a
person
with
disabilities.
(c‑1) Any person found guilty of violating the provisions of subsection (a‑1) a first time shall be fined $500. Any person found guilty of violating subsection (a‑1) a second time shall be fined $750, and the Secretary of State may revoke the person's driving privileges or suspend those privileges for a period of time to be determined by the Secretary. Any person found guilty of violating subsection (a‑1) a third or subsequent time shall be fined $1,000. The circuit clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally.
If an officer of the Secretary of State Department of Police arrested a person for a violation of this Section, 50% of the fine imposed shall be deposited into the Secretary of State Police Services Fund. (d) Local authorities shall impose fines as established in subsections
(c) and (c‑1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an individual
issued a disability
license plate under Section 3‑616 of this
Code, an individual issued a parking decal or device
under Section 11‑1301.2 of this Code, or an individual issued a disabled veteran's license plate under Section 3‑609 or 3‑609.01 of this Code. (f) Any person who commits a violation of subsection (a‑1) may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State. The Secretary of State may also suspend or revoke the disability license plates or parking decal or device for a period of time determined by the Secretary of State.
(g) Any police officer may seize the parking decal
or device from any person who commits a violation of this Section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section. (Source: P.A. 95‑167, eff. 1‑1‑08; 95‑430, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑72, eff. 1‑1‑10.) (Text of Section from P.A. 96‑79)
Sec. 11‑1301.3. Unauthorized use of parking places reserved for persons with
disabilities. (a) It shall be prohibited to park any motor vehicle which is not properly
displaying
registration plates or decals issued to a person with disabilities, as defined
by Section 1‑159.1, pursuant to Sections 3‑616, 11‑1301.1 or 11‑1301.2, or to
a disabled veteran pursuant to Section 3‑609 of this Act, as evidence that the
vehicle is operated by or for a person with disabilities or disabled veteran,
in any parking place, including any private
or public offstreet parking facility, specifically reserved, by the
posting of an official sign as designated under Section 11‑301, for
motor vehicles displaying such registration plates.
It shall be prohibited to park any motor vehicle in a designated access
aisle adjacent to any parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11‑301, for motor vehicles displaying such registration plates.
When using the parking privileges for persons with disabilities, the parking
decal or device must be displayed properly in the vehicle where it is clearly
visible to law enforcement personnel, either hanging from the rearview mirror
or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a
parking decal or device containing the International symbol of access
issued to persons with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and local
authorities as a valid license plate or device and receive the same parking
privileges as residents of this State.
(a‑1) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Sections 3‑616, 11‑1301.1, or 11‑1301.2 or to a disabled veteran under Section 3‑609 is in violation of this Section if (i) the person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location and (ii) the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this Code.
(b) Any person or local authority owning or operating any public or private
offstreet parking facility may, after notifying the police or sheriff's
department, remove or cause to be removed to the nearest garage or other
place of safety any vehicle parked within a stall or space reserved for
use by a person with disabilities which does not
display person with disabilities registration
plates or a special decal or device as required under this Section.
(c) Any person found guilty of violating the provisions of subsection (a) shall be fined $250 in addition to any costs or charges connected
with the removal or storage of any motor vehicle authorized under this
Section; but municipalities by ordinance may impose a fine up to $350
and shall display signs indicating the fine imposed. If the amount of
the fine is subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine.
It shall not be a defense to a charge under this Section that either the sign posted
pursuant to this
Section or the intended accessible parking place does not comply with the technical requirements of Section 11‑301,
Department
regulations, or local ordinance if a reasonable person would be made aware by
the
sign or notice on or near the parking place that the place is reserved for a
person
with
disabilities.
(c‑1) Any person found guilty of violating the provisions of subsection (a‑1) a first time shall be fined $500. Any person found guilty of violating subsection (a‑1) a second time shall be fined $750, and the Secretary of State may revoke the person's driving privileges or suspend those privileges for a period of time to be determined by the Secretary. Any person found guilty of violating subsection (a‑1) a third or subsequent time shall be fined $1,000, and the Secretary of State may revoke the person's driving privileges or suspend those privileges for a period of time to be determined by the Secretary. The Secretary of State may also revoke the disability license plates or parking decal or device of a person violating subsection (a‑1) a third or subsequent time or may suspend the person's disability license plates or parking decal or device for a period of time to be determined by the Secretary of State. The circuit clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally.
If an officer of the Secretary of State Department of Police arrested a person for a violation of this Section, 50% of the fine imposed shall be deposited into the Secretary of State Police Services Fund. (d) Local authorities shall impose fines as established in subsections
(c) and (c‑1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an individual
issued a disability
license plate under Section 3‑616 of this
Code, an individual issued a parking decal or device
under Section 11‑1301.2 of this Code, or an individual issued a disabled veteran's license plate under Section 3‑609 of this Code. (f) Any person who commits a violation of subsection (a‑1) may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State. The Secretary of State may also suspend or revoke the disability license plates or parking decal or device for a period of time determined by the Secretary of State.
(Source: P.A. 95‑167, eff. 1‑1‑08; 95‑430, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑79, eff. 1‑1‑10.)
625 ILCS 5/11‑1301.4
(625 ILCS 5/11‑1301.4) (from Ch. 95 1/2, par. 11‑1301.4)
Sec. 11‑1301.4.
Reciprocal agreements with other jurisdictions.
The Secretary of State, or his designee, may enter into agreements
with other jurisdictions, including foreign jurisdictions, on behalf of
this State relating to the extension of parking
privileges by such jurisdictions to permanently disabled residents of this
State who display a special license plate or parking device that contains
the International symbol of access on his or her motor vehicle, and to
recognize such plates or devices issued by such other jurisdictions. This
State shall grant the same parking privileges which are granted to disabled
residents of this State to any non‑resident whose motor vehicle is licensed
in another state, district, territory or foreign country if such vehicle
displays the International symbol of access or a distinguishing insignia on
license plates or parking device issued in accordance with the laws of the
non‑resident's state, district, territory or foreign country.
(Source: P.A. 86‑539.)
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625 ILCS 5/11‑1301.5
(625 ILCS 5/11‑1301.5)
Sec. 11‑1301.5. Fictitious or unlawfully altered disability
license plate or parking decal or device. (a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal
or device, or any license plate issued to a disabled veteran under Section 3‑609 of this Code, that has been issued by the Secretary of State or an authorized unit
of local government that was issued based upon false information contained on
the required application.
"False information" means any incorrect or inaccurate information
concerning
the name, date of birth, social security number, driver's license number,
physician certification, or any other information required on the Persons with Disabilities Certification for Plate or Parking Placard, on the Application for Replacement Disability Parking Placard, or on the
application
for license plates issued to disabled veterans under Section 3‑609 of this Code, that
falsifies the content of the application.
"Unlawfully altered disability
license plate or parking
permit or device" means any disability license plate or parking
permit or device, or any license plate issued to a disabled veteran under Section 3‑609 of this Code, issued by the Secretary of State or an authorized unit of
local government that has been physically altered or changed in such manner
that false information appears on the license plate or parking decal or device.
"Authorized holder" means an individual issued a disability
license plate under Section 3‑616 of this Code or an individual issued a parking decal or device under Section 11‑1301.2 of this Code, or an individual issued a disabled veteran's license plate under Section 3‑609 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or
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unlawfully altered disability license plate or parking decal or device;
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(2) to knowingly issue or assist in the issuance of,
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by the Secretary of State or unit of local government, any fictitious disability license plate or parking decal or device;
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(3) to knowingly alter any disability license plate
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or parking decal or device;
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(4) to knowingly manufacture, possess, transfer, or
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provide any documentation used in the application process whether real or fictitious, for the purpose of obtaining a fictitious disability license plate or parking decal or device;
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(5) to knowingly provide any false information to
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the Secretary of State or a unit of local government in order to obtain a disability license plate or parking decal or device; or
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(6) to knowingly transfer a disability license plate
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or parking decal or device for the purpose of exercising the privileges granted to an authorized holder of a disability license plate or parking decal or device under this Code in the absence of the authorized holder.
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(c) Sentence.
(1) Any person convicted of a violation of paragraph
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(1), (2), (3), (4), or (5) of subsection (b) of this Section shall be guilty of a Class A misdemeanor and fined not less than $500 for a first offense and shall be guilty of a Class 4 felony and fined not less than $1,000 for a second or subsequent offense. Any person convicted of a violation of subdivision (b)(6) of this Section is guilty of a Class A misdemeanor and shall be fined not less than $500 for a first offense and not less than $1,000 for a second or subsequent offense. The circuit clerk shall distribute one‑half of any fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, one‑half of the fine imposed shall be shared equally.
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(2) Any person who commits a violation of this
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Section may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State. The Secretary of State may suspend or revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section.
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(3) Any police officer may seize the parking decal
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or device from any person who commits a violation of this Section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section.
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(Source: P.A. 95‑167, eff. 1‑1‑08; 96‑79, eff. 1‑1‑10.)
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625 ILCS 5/11‑1301.6
(625 ILCS 5/11‑1301.6)
Sec. 11‑1301.6. Fraudulent disability license plate or
parking decal or device. (a) As used in this Section:
"Fraudulent disability license plate or parking decal
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or device" means any disability license plate or parking decal or device that purports to be an official disability license plate or parking decal or device and that has not been issued by the Secretary of State or an authorized unit of local government.
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"Disability license plate or parking decal or
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device‑making implement" means any implement specially designed or primarily used in the manufacture, assembly, or authentication of a disability license plate or parking decal or device, or a license plate issued to a disabled veteran under Section 3‑609 of this Code, issued by the Secretary of State or a unit of local government.
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(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent disability
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license plate or parking decal;
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(2) to knowingly possess without authority any
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disability license plate or parking decal or device‑making implement;
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(3) to knowingly duplicate, manufacture, sell, or
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transfer any fraudulent or stolen disability license plate or parking decal or device;
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(4) to knowingly assist in the duplication,
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manufacturing, selling, or transferring of any fraudulent, stolen, or reported lost or damaged disability license plate or parking decal or device; or
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(5) to advertise or distribute a fraudulent
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disability license plate or parking decal or device.
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(c) Sentence.
(1) Any person convicted of a violation of this
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Section shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense. The circuit clerk shall distribute half of any fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, one‑half of the fine imposed shall be shared equally.
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(2) Any person who commits a violation of this
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Section may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State.
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(3) Any police officer may seize the parking decal
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or device from any person who commits a violation of this Section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section.
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(Source: P.A. 95‑167, eff. 1‑1‑08; 96‑79, eff. 1‑1‑10.)
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625 ILCS 5/11‑1301.7
(625 ILCS 5/11‑1301.7)
Sec. 11‑1301.7.
Appointed volunteers and contracted
entities; disabled person parking violations.
(a) The chief of police of a municipality and the sheriff of a county
authorized to enforce parking laws may appoint volunteers or contract with
public or private entities to issue parking violation notices for violations
of Section 11‑1301.3 or ordinances dealing with parking privileges for persons
with disabilities. Volunteers appointed under this Section and any employees
of public or private entities that the chief of police or sheriff has
contracted with under this Section who are issuing these parking violation
notices must be at least 21 years of age. The chief of police or sheriff
appointing the volunteers or contracting with public or private entities may
establish any other qualifications that he or she deems desirable.
(b) The chief of police or sheriff appointing volunteers under this Section
shall provide training to the volunteers before authorizing them to issue
parking violation notices.
(c) A parking violation notice issued by a volunteer appointed under this
Section or by a public or private entity that the chief of police or sheriff
has contracted with under this Section shall have
the same force and effect as a parking violation notice issued by a police
officer for the same offense.
(d) All funds collected as a result of the payment of the parking violation
notices issued under this Section shall go to the municipality or county where
the notice is issued.
(e) An appointed volunteer or private or public entity under contract
pursuant to this Section is not liable for his or her or its act or omission in
the execution or enforcement of laws or ordinances if acting within the scope
of the appointment or contract authorized by this Section, unless the act or
omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local government, a chief of
police, sheriff, or
employee of a police department or sheriff, as such and acting within the scope
of his or her employment, is not liable for an injury caused by the act or
omission of an appointed volunteer or private or public entity under contract
pursuant to this Section. No local government, chief of police, sheriff, or an
employee of a local government, police department or sheriff shall be liable
for any actions regarding the supervision or direction, or the failure to
supervise and direct, an appointed volunteer or private or public entity under
contract pursuant to this Section unless the act or omission constitutes
willful and wanton conduct.
(g) An appointed volunteer or private or public entity under contract
pursuant to this Section shall assume all liability for and hold the property
owner and his agents and employees harmless from any and all claims of action
resulting from the work of the appointed volunteer or public or private
entity.
(Source: P.A. 90‑181, eff. 7‑23‑97; 90‑655, eff. 7‑30‑98.)
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625 ILCS 5/11‑1302
(625 ILCS 5/11‑1302) (from Ch. 95 1/2, par. 11‑1302)
Sec. 11‑1302.
Officers authorized to remove vehicles.
(a) Whenever any police officer
finds a vehicle
in violation of any of the provisions of Section
11‑1301 such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same, to a position
off the roadway.
(b) Any police officer is hereby authorized to remove or cause to be removed
to a place of safety any unattended
vehicle illegally left standing upon any highway, bridge, causeway,
or in a tunnel, in such a
position or under such circumstances as to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled vehicle
standing upon the paved or main‑traveled part of a highway, which
vehicle is or may be expected to interrupt the free flow of traffic
on the highway or interfere with the maintenance of the highway,
the Department is authorized to move the vehicle to a position off
the paved or improved or main‑traveled part of the highway.
(c) Any police officer is hereby authorized to remove or cause
to be removed to the nearest garage or other place of safety any
vehicle found upon a highway when:
1. Report has been made that such vehicle has been stolen or
taken without the consent of its owner, or
2. The person or persons in charge of such vehicle are unable
to provide for its custody or removal, or
3. When the person driving or in control of such vehicle is
arrested for an alleged offense for which the officer is required
by law to take the person arrested before a proper magistrate without
unnecessary delay.
(Source: P.A. 79‑1069.)
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625 ILCS 5/11‑1303
(625 ILCS 5/11‑1303) (from Ch. 95 1/2, par. 11‑1303)
Sec. 11‑1303.
Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic‑control device, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or |
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parked at the edge or curb of a street;
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b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb
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or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
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f. Alongside or opposite any street excavation
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or obstruction when stopping, standing or parking would obstruct traffic;
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g. Upon any bridge or other elevated structure
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upon a highway or within a highway tunnel;
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h. On any railroad tracks. A violation of any
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part of this subparagraph h. shall result in a mandatory fine of $500 or 50 hours of community service.
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i. At any place where official signs prohibit
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j. On any controlled‑access highway;
k. In the area between roadways of a divided
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highway, including crossovers;
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l. In a public parking area if the vehicle does
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not display a current annual registration sticker or current temporary permit pending registration.
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2. Stand or park a vehicle, whether occupied or not,
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except momentarily to pick up or discharge passengers:
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a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an
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d. Within 30 feet upon the approach to any
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flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
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e. Within 20 feet of the driveway entrance to
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any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly sign‑posted);
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f. At any place where official signs prohibit
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3. Park a vehicle, whether occupied or not, except
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temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
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a. Within 50 feet of the nearest rail of a
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b. At any place where official signs prohibit
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(b) No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
(Source: P.A. 89‑245, eff. 1‑1‑96; 89‑658, eff. 1‑1‑97.)
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625 ILCS 5/11‑1304
(625 ILCS 5/11‑1304) (from Ch. 95 1/2, par. 11‑1304)
Sec. 11‑1304.
Additional parking regulations.
(a) Except as otherwise
provided in this section, every vehicle
stopped or parked upon a two‑way roadway shall be so stopped or
parked with the right‑hand wheels parallel to and within 12 inches
of the right‑hand curb or as close as practicable to the right
edge of the right‑hand shoulder.
(b) Except when otherwise provided by local ordinance, every
vehicle stopped or parked upon a one‑way roadway shall be so
stopped or parked parallel to the curb or edge of the roadway,
in the direction of authorized traffic movement, with its right‑hand
wheels within 12 inches of the right‑hand curb or as close as practicable
to the right edge of the right‑hand shoulder, or with its left‑hand
wheels within 12 inches of the left‑hand curb or as close as
practicable to the left edge of the left‑hand shoulder.
(c) Local authorities may permit angle parking on any roadway, except
that angle parking shall not be permitted on any federal‑aid or State highway unless
the Department has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(d) The Department with respect to highways under its jurisdiction may place
signs prohibiting, limiting, or restricting the stopping, standing or parking of
vehicles on any highway where in its opinion such stopping, standing or parking
is dangerous to those using the highway or where the stopping, standing or parking
of vehicles would unduly interfere with the free movement of traffic thereon.
No person shall stop, stand or park any vehicle in violation of the restrictions
indicated by such devices.
(Source: P.A. 79‑801; 79‑1069; 79‑1454.)
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