(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped with wipers.
(a) No person shall drive a motor vehicle with any sign, poster, window
application, reflective material, nonreflective material, or tinted film
upon the front windshield, except that a nonreflective tinted film may be used along
the uppermost portion of the windshield if such material does not extend
more than 6 inches down from the top of the windshield.
(a-3) No new or used motor vehicle dealer shall permit a driver to drive a motor vehicle offered for sale or lease off the premises where the motor vehicle is being offered for sale or lease, including when the driver is test driving the vehicle, with signs, decals, paperwork, or other material on the front windshield or on the windows immediately adjacent to each side of the driver that would obstruct the driver's view in violation of subsection (a) of this Section. For purposes of this subsection (a-3), "test driving" means when a driver, with permission of the new or used vehicle dealer or employee of the new or used vehicle dealer, drives a vehicle owned and held for sale or lease by a new or used vehicle dealer that the driver is considering to purchase or lease. (a-5) No window treatment or tinting shall be applied to the windows immediately adjacent to each side of the driver, except: (1) On vehicles where none of the windows to the |
| rear of the driver's seat are treated in a manner that allows less than 30% light transmittance, a nonreflective tinted film that allows at least 50% light transmittance, with a 5% variance observed by any law enforcement official metering the light transmittance, may be used on the vehicle windows immediately adjacent to each side of the driver.
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(2) On vehicles where none of the windows to the
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| rear of the driver's seat are treated in a manner that allows less than 35% light transmittance, a nonreflective tinted film that allows at least 35% light transmittance, with a 5% variance observed by any law enforcement official metering the light transmittance, may be used on the vehicle windows immediately adjacent to each side of the driver.
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(3) (Blank).
(4) On vehicles where a nonreflective smoked or
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| tinted glass that was originally installed by the manufacturer on the windows to the rear of the driver's seat, a nonreflective tint that allows at least 50% light transmittance, with a 5% variance observed by a law enforcement official metering the light transmittance, may be used on the vehicle windows immediately adjacent to each side of the driver.
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(a-10) No person shall install or repair any material prohibited by subsection (a) of this Section.
(1) Nothing in this subsection shall prohibit a
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| person from removing or altering any material prohibited by subsection (a) to make a motor vehicle comply with the requirements of this Section.
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(2) Nothing in this subsection shall prohibit a
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| person from installing window treatment for a person with a medical condition described in subsection (g) of this Section. An installer who installs window treatment for a person with a medical condition described in subsection (g) must obtain a copy of the certified statement or letter written by a physician described in subsection (g) from the person with the medical condition prior to installing the window treatment. The copy of the certified statement or letter must be kept in the installer's permanent records.
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(b) On motor vehicles where window treatment has not been applied to the windows immediately adjacent to each side of the driver, the use of a
perforated
window screen or other decorative window application on windows to the rear
of the driver's seat shall be allowed.
(b-5) Any motor vehicle with a window to the
rear of the driver's seat treated in this manner shall be equipped with a
side mirror on each side of the motor vehicle which are in conformance with
Section 12-502.
(c) No person shall drive a motor vehicle with any objects placed or
suspended between the driver and the rear
window, side wings, or side windows immediately adjacent to each side of
the driver which materially obstructs the driver's view.
(c-5) No person shall drive a motor vehicle with any objects placed or suspended between the driver and the front windshield which materially obstruct the driver's view. No motor vehicle, or driver or passenger of such vehicle, shall be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of this subsection.
(d) Every motor vehicle, except motorcycles, shall be equipped with a
device, controlled by the driver, for cleaning rain, snow, moisture, or other
obstructions from the windshield; and no person shall drive a motor vehicle
with snow, ice, moisture, or other material on any of the windows or
mirrors, which materially obstructs the driver's clear view of the highway.
(e) No person shall drive a motor vehicle when the windshield, side, or
rear windows are in such defective condition or repair as to materially
impair the driver's view to the front, side, or rear. A vehicle equipped
with a side mirror on each side of the vehicle which are in conformance
with Section 12-502 will be deemed to be in compliance in the event the
rear window of the vehicle is materially obscured.
(f) Subsections (a), (a-5), (b), and (b-5) of this Section shall not apply to:
(1) (Blank).
(2) those motor vehicles properly registered in
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(g) Subsections (a) and (a-5) of this Section shall not apply to window treatment, including, but not limited to, a window application,
nonreflective material, or tinted film, applied or affixed
to a motor vehicle for which distinctive license plates or license plate stickers have been issued pursuant to subsection (k) of Section 3-412 of this Code, and which:
(1) is owned and operated by a person afflicted with
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| or suffering from a medical disease, including, but not limited to, systemic or discoid lupus erythematosus, disseminated superficial actinic porokeratosis, light sensitivity as a result of a traumatic brain injury, or albinism, which would require that person to be shielded from the direct rays of the sun; or
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(2) is used in transporting a person when the person
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| resides at the same address as the registered owner of the vehicle and the person is afflicted with or suffering from a medical disease which would require the person to be shielded from the direct rays of the sun, including, but not limited to, systemic or discoid lupus erythematosus, disseminated superficial actinic porokeratosis, light sensitivity as a result of a traumatic brain injury, or albinism.
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The owner must obtain a certified statement or letter
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| written by a physician licensed to practice medicine in Illinois that such person owning and operating or being transported in a motor vehicle is afflicted with or suffers from such disease, including, but not limited to, systemic or discoid lupus erythematosus, disseminated superficial actinic porokeratosis, light sensitivity as a result of a traumatic brain injury, or albinism. However, no exemption from the requirements of subsection (a-5) shall be granted for any condition for which protection from the direct rays of the sun can be adequately obtained by the use of sunglasses or other eye protective devices.
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Such certification must be carried in the motor
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| vehicle at all times. The certification shall be legible and shall contain the date of issuance, the name, address, and signature of the attending physician, and the name, address, and medical condition of the person requiring exemption. The information on the certificate for a window treatment must remain current and shall be renewed every 4 years by the attending physician. The owner shall also submit a copy of the certification to the Secretary of State. The Secretary of State may forward notice of certification to law enforcement agencies.
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(g-5) (Blank).
(g-7) Installers shall only install window treatment authorized by subsection (g) on motor vehicles for which distinctive plates or license plate stickers have been issued pursuant to subsection (k) of Section 3-412 of this Code. The distinctive license plates or plate sticker must be on the motor vehicle at the time of window treatment installation.
(h) Subsection (a) of this Section shall not apply to motor vehicle
stickers or other certificates issued by State or local authorities which
are required to be displayed upon motor vehicle windows to evidence
compliance with requirements concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section shall be guilty of a petty offense and fined no less than $50 nor more
than $500. A second or subsequent violation of subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
this Section shall be treated as a Class C misdemeanor and the violator fined
no less than $100 nor more than $500. Any person convicted under subsection
(a), (a-5), (b), or (b-5) of this Section shall be ordered to alter any
nonconforming windows into compliance with this Section.
(k) Except as provided in subsection (a-3) of this Section, nothing in this
Section shall create a cause of action on behalf of a buyer against a
vehicle dealer or manufacturer who sells a motor vehicle with a window which is in
violation of this Section.
(l) The Secretary of State shall provide a notice of the requirements of this Section to a new resident applying for vehicle registration in this State pursuant to Section 3-801 of this Code. The Secretary of State may comply with this subsection by posting the requirements of this Section on the Secretary of State's website.
(m) A home rule unit may not regulate motor vehicles in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 102-111, eff. 1-1-22; 103-32, eff. 1-1-24 .)
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(625 ILCS 5/12-601.1)
Sec. 12-601.1. Traffic control signal preemption devices.
(a) As used in this Section, "traffic control signal preemption device"
means any
device,
either mechanical or electrical, that emits a pulse of light or other signal
that, when
received by a detector attached to a traffic control signal, changes that
traffic control signal to a green
light or, if the traffic control signal is already green, extends the duration
of the green
light.
(b) Except as provided in subsection (d), a traffic control signal
preemption
device may not be installed on a motor vehicle, may not be transported in the
passenger compartment of a motor vehicle, and may not be operated by the
driver or passenger of a motor vehicle.
Violation of this subsection (b) is a Class A misdemeanor, punishable by
a fine of $1,000 in addition to any other penalty that may be imposed.
(c) A retailer or manufacturer may not sell a traffic control signal
preemption device to any person or entity for any intended use other than
operation as permitted under subsection (d).
Violation of this subsection (c) is a Class A misdemeanor, punishable by a
fine of $5,000 for each sale of each device, in addition to any other penalty
that may be imposed.
(d) Installation of a traffic control signal preemption device is permitted
on the
following vehicles, and operation of the device is permitted as follows:
(1) Police department vehicles, when responding to a |
| bona fide emergency, when used in combination with red or blue oscillating, rotating, or flashing lights.
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(2) Law enforcement vehicles of State or local
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| authorities, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(3) Vehicles of local fire departments, fire
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| protection districts, and State or federal firefighting vehicles, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(4) Vehicles that are designed and used exclusively
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| as ambulances or rescue vehicles, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(5) Vehicles that are equipped and used exclusively
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| as organ transport vehicles, when the transportation is declared an emergency by a member of the transplant team or a representative of the organ procurement organization, when used in combination with red oscillating, rotating, or flashing lights.
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(6) Vehicles of the Illinois Emergency Management
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| Agency and vehicles of the Department of Nuclear Safety, when responding to a bona fide emergency, when used in combination with red oscillating, rotating, or flashing lights.
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(7) Commuter buses owned by any political subdivision
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| of this State, operated either by the political subdivision or its lessee or agent, and offering short-haul for-hire regularly scheduled passenger transportation service, over regular routes with fixed schedules, within metropolitan and suburban areas, when used to extend the duration of an already green light to meet schedules.
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(8) Vehicles used for snow removal owned by any
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| political subdivision of this State, operated either by the political subdivision or its lessee or agent, when used during a snow emergency in combination with yellow or amber oscillating, rotating, or flashing lights, when used to extend the duration of an already green light.
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(e) This Section does not prohibit use by motorcycles of electronic or
magnetic safety devices designed to allow traffic control signal systems to
recognize or detect motorcycles.
(Source: P.A. 102-842, eff. 1-1-23 .)
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(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use safety belts,
exceptions and penalty. (a) Each driver and passenger of a motor vehicle operated on a
street or highway in this State shall wear a properly adjusted and
fastened seat safety belt. A child less than 8 years of age shall
be protected as required pursuant to the Child Passenger Protection Act.
Each driver of a motor vehicle transporting a child 8 years of age or
more, but less than 16 years of age,
shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act. Each driver of a motor vehicle transporting a passenger who is unable, due to infirmity, illness, or age, to properly adjust and
fasten a seat
safety belt and is not exempted from wearing a seat safety belt under subsection (b)
shall secure the passenger in a properly adjusted and fastened seat safety belt as required under this Section.
(b) Paragraph (a) shall not apply to any of the following:
1. A driver or passenger frequently stopping and |
| leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour.
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2. A driver or passenger possessing a written
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| statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt.
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3. A driver or passenger possessing an official
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| certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt.
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4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A moped.
8. A motor vehicle which is not required to be
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| equipped with seat safety belts under federal law.
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9. A motor vehicle operated by a rural letter carrier
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| of the United States postal service while performing duties as a rural letter carrier.
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10. A driver or passenger of an authorized emergency
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| vehicle, except this exception does not apply to vehicles of the fire department; vehicles of the Office of the State Fire Marshal; or ambulances, unless the delivery of life-saving measures prohibits the use of a seat safety belt.
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11. A back seat passenger of a taxicab.
(c) Failure to wear a seat safety belt in violation of this Section
shall not be considered evidence of negligence, shall not limit the
liability of an insurer, and shall not diminish any recovery for damages
arising out of the ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense and subject to a
fine not to exceed $25.
(e) (Blank).
(f) A law enforcement officer may not search or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of this
Section.
(Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11; 98-451, eff. 8-16-13.)
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(625 ILCS 5/12-604.1) Sec. 12-604.1. Video devices. (a) A person may not operate a motor vehicle if a television receiver, a video monitor, a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle.
(a-5) A person commits aggravated use of a video device when he or she violates subsection (a) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (b) This Section does not apply to the following equipment, whether or not permanently installed in a vehicle:
(1) a vehicle information display;
(2) a global positioning display;
(3) a mapping or navigation display;
(4) a visual display used to enhance or supplement |
| the driver's view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;
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(5) television-type receiving equipment used
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| exclusively for safety or traffic engineering studies; or
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(6) a television receiver, video monitor, television
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| or video screen, or any other similar means of visually displaying a television broadcast or video signal, if that equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display as described in paragraphs (1) through (5) of this subsection (b).
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(c) This Section does not apply to a mobile, digital terminal installed in an authorized emergency vehicle, a motor vehicle providing emergency road service or roadside assistance, or to motor vehicles utilized for public transportation.
(d) This Section does not apply to a television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal if: (i) the equipment is permanently installed in the motor vehicle; and (ii) the moving entertainment images that the equipment displays are not visible to the driver while the motor vehicle is in motion.
(d-5) This Section does not apply to a video event recorder, as defined in Section 1-218.10 of this Code, installed in a contract carrier vehicle.
(e) Except as provided in subsection (f) of this Section, a person convicted of violating this Section is guilty of a petty offense and shall be fined not more than $100 for a first offense, not more than $200 for a second offense within one year of a previous conviction, and not more than $250 for a third or subsequent offense within one year of 2 previous convictions.
(f) A person convicted of violating subsection (a-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (a-5) commits a Class 4 felony if the violation resulted in the death of another person.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
Sec. 12-606. Tow trucks; identification; equipment; insurance.
(a) Every tow truck, except those owned by governmental agencies, shall
have displayed on each side thereof, a sign with letters not less than 2
inches in height, contrasting in color to that of the background, stating
the full legal name, complete address (including street address and
city), and telephone number of the owner or operator thereof.
This information shall be permanently affixed to the sides of the tow
truck.
(b) Every tow truck shall be equipped with:
(1) One or more brooms and shovels;
(2) One or more trash cans of at least 5 gallon |
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(3) One fire extinguisher. This extinguisher shall
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(i) of the dry chemical or carbon dioxide type
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| with an aggregate rating of at least 4-B, C units, and bearing the approval of a laboratory qualified by the Division of Fire Prevention for this purpose; or
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(ii) One that meets the requirements of the
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| Federal Motor Carrier Safety Regulations of the United States Department of Transportation for fire extinguishers on commercial motor vehicles.
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(c) Every owner or operator and driver of a tow truck shall comply with
Section 11-1413 of this Code and shall remove or cause to be removed all
glass and debris, except any (i) hazardous substance as defined in Section
3.215 of the Environmental Protection Act, (ii) hazardous waste as
defined in Section 3.220 of the Environmental Protection Act, and
(iii) medical samples or waste, including but not limited to any blood samples,
used syringes, other used medical supplies, or any other potentially infectious
medical waste as defined in Section 3.360 of the Environmental
Protection Act, deposited upon any street or highway by the disabled vehicle
being serviced, and shall in addition, spread dirt or sand or oil absorbent
upon that portion of any street or highway where oil or grease has been
deposited by the disabled vehicle being serviced.
(d) Every tow truck operator shall in addition file an indemnity bond,
insurance policy, or other proof of insurance in a form to be prescribed
by the Secretary for: garagekeepers liability insurance, in an amount
no less than a combined single limit of $500,000, and truck (auto)
liability insurance in an amount no less than a combined single limit of
$500,000, on hook coverage or garagekeepers coverage in an amount of no less
than $25,000 which shall indemnify or
insure the tow truck operator for the following:
(1) Bodily injury or damage to the property of others.
(2) Damage to any vehicle towed by the tower.
(3) In case of theft, loss of, or damage to any
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| vehicle stored, garagekeepers legal liability coverage in an amount of no less than $25,000.
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(4) In case of injury to or occupational illness of
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| the tow truck driver or helper, workers compensation insurance meeting the minimum requirements of the Workers' Compensation Act.
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Any such bond or policy shall be issued only
by a bonding or insuring firm authorized to do business as such in
the State of Illinois, and a certificate of such bond or policy shall be
carried in the cab of each tow truck.
(e) The bond or policy required in subsection (d) shall provide that
the insurance carrier may cancel it
by serving previous notice, as required by Sections 143.14 and 143.16 of
the Illinois Insurance Code, in writing, either personally or by
registered mail, upon the owner or operator of the motor vehicle and upon
the Secretary of State. Whenever any such bond or policy shall be so
cancelled, the Secretary of State shall mark the policy "Cancelled" and shall
require such owner or operator either to furnish a new bond or policy, in
accordance with this Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
Sec. 12-608. Bumpers.
(a) It shall be unlawful to operate any motor
vehicle with a gross vehicle weight rating of 9,000 pounds or less or
any motor vehicle registered as a recreational vehicle under this Code
on any highway of this State unless such motor vehicle is equipped with
both a front and rear bumper.
Except as indicated below, maximum bumper heights of such motor vehicles
shall be determined by weight category of gross vehicle weight rating (GVWR)
measured from a level surface to the highest point of the bottom of the
bumper when the vehicle is unloaded and the tires are inflated to the
manufacturer's recommended pressure.
Maximum bumper heights are as follows:
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Maximum Front |
Maximum Rear |
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Bumper height |
Bumper Height |
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All motor vehicles of the first |
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division except multipurpose |
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passenger vehicles: |
22 inches |
22 inches |
Multipurpose passenger vehicles |
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and all other motor vehicles: |
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4,500 lbs. and under GVWR |
24 inches |
26 inches |
4,501 lbs. through 7,500 |
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lbs. GVWR |
27 inches |
29 inches |
7,501 lbs. through 9,000 |
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lbs. GVWR |
28 inches |
30 inches |
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It is unlawful to operate upon any highway of this State any vehicle
with a front bumper height that exceeds 28 inches or a rear bumper height
that exceeds 30 inches, regardless of the GVWR of the vehicle, except those
vehicles covered by Chapter 18b of this Code.
For any vehicle with bumpers or attaching components which have been
modified or altered from the original manufacturer's design in order to
conform with the maximum bumper requirements of this section, the bumper
height shall be measured from a level surface to the bottom of the vehicle
frame rail at the most forward and rearward points of the frame rail. The
bumper on any vehicle so modified or altered shall be at least 4.5 inches
in vertical height and extend no less than the width of the respective
wheel tracks outermost distance.
However, nothing in this Section shall prevent the installation of
bumper guards.
(b) This Section shall not apply to street rods, custom vehicles, motor
vehicles designed or modified
primarily for off-highway purposes while such vehicles are in tow or
to motorcycles or motor driven cycles, nor to
motor vehicles registered as antique vehicles
or expanded-use antique vehicles when the original
design of such antique vehicles or expanded-use antique vehicles did not include bumpers. The provisions of
this
Section shall not apply to any motor vehicle driven during the first 1000
recorded miles of that vehicle, when such vehicle is owned or
operated by a manufacturer, dealer or transporter displaying a special
plate or plates as described in Chapter 3 of this Code while such vehicle
is (1) being delivered from the manufacturing or assembly plant directly to the
purchasing dealer or distributor, or from one dealership or distributor to
another; (2) being moved by the most direct route from one location to
another for the purpose of installing special bodies or equipment; or (3) being
driven for purposes of demonstration by a prospective buyer with the dealer
or his agent present in the cab of the vehicle during the demonstration.
The dealer shall, prior to the receipt of any deposit made or any
contract signed by the buyer to secure the purchase of a vehicle,
inform such buyer, by written statement signed by the purchaser to indicate
acknowledgement of the contents thereof, of the legal requirements of this
Section regarding front and rear bumpers if such vehicle is not to be
equipped with bumpers at the time of delivery.
(c) Any violation of this Section is a Class C misdemeanor. A second
conviction under this Section shall be punishable with a fine of not less
than $500. An officer making an arrest under this Section shall order the
vehicle driver to remove the vehicle from the highway. A person convicted
under this Section shall be ordered to bring his vehicle into compliance
with this Section.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-609) (from Ch. 95 1/2, par. 12-609)
Sec. 12-609.
(a) No official or employee of the State, any
political subdivision thereof,
any county, municipality, or local authority,
and no
owner or employee of any new vehicle dealer, used vehicle dealer, or vehicle
auctioneer shall
sell, trade or otherwise dispose of any motor
vehicle bearing equipment, markings, or other indicia of police
authority unless, prior to delivery of the vehicle, the equipment and
markings have been sufficiently altered or obliterated to remove the
appearance of such authority.
(b) A person may not operate on the highways of this State a vehicle
bearing the equipment, markings, or other indicia of police authority, unless
the vehicle is an authorized emergency vehicle as defined in Section 1-105 of
this Code.
(c) This Section does not apply to vehicles bearing indicia of police
authority that are antique vehicles, as defined in Section 1-102.1, and are
registered as antique vehicles, as provided in Section 3-804.
(c-5) Nothing in this Section shall prohibit a manufacturer of authorized emergency vehicle equipment, markings, or other indicia, or the manufacturer's representative or authorized vendor, from temporarily mounting
the equipment, markings, or other indicia on a vehicle for demonstration purposes only. If the equipment, markings, or other indicia are not covered while the vehicle is operated upon a highway, the vehicle shall display signage indicating that the vehicle is out of service or not an emergency vehicle. The signage shall be displayed on all sides of the vehicle in letters at least 2 inches tall and one-half inch wide. (d) Any police officer is authorized to seize any vehicle that is in
violation of this Section and to impound that vehicle, at the owner's expense,
until any equipment, markings, or other indicia of police authority have been
sufficiently removed, altered, or obliterated to remove the appearance of
police
authority.
(e) A person convicted of violating this Section is guilty of a petty
offense and subject to a fine of not less than $500 and not more than $1,000.
(Source: P.A. 97-1173, eff. 1-1-14 .)
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(625 ILCS 5/12-610.1) Sec. 12-610.1. Wireless telephones. (a) As used in this Section, "wireless telephone" means
a device that is capable of transmitting or receiving
telephonic communications without a wire connecting the
device to the telephone network. (b) A person under the age of 19 years who holds an instruction permit issued under Section 6-105 or 6-107.1, or a person under the age of 19 years who holds a graduated license issued under Section 6-107, may not drive a vehicle on a roadway while using a wireless phone.
(b-5) A person under the age of 19 commits aggravated use of a wireless telephone when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (c) This Section does not apply to a person under the age of 19 years using a
wireless telephone for emergency purposes, including, but not
limited to, an emergency call to a law enforcement agency,
health care provider, fire department, or other emergency
services agency or entity.
(d) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of paragraph (b) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code.
(e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a roadway in a school speed
zone established under Section 11-605, on a highway in a construction or
maintenance speed zone established under Section 11-605.1, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle as defined by Section 1-105 of this Code is
present and has activated its oscillating, rotating, or flashing lights.
This subsection (e) does not apply to (i) a person engaged in a
highway construction or maintenance project for which a
construction or maintenance speed zone has been established
under Section 11-605.1, (ii) a person using a wireless
telephone for emergency purposes, including, but not limited to,
law enforcement agency, health care provider, fire department, or other emergency services agency or entity, (iii) a law enforcement officer or operator of an emergency vehicle when performing the officer's or operator's official duties, (iv) a person using a wireless telephone in voice-operated mode, which may include the use of a headset, (v) a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication, or (vi) a person using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation. (e-5) A person commits aggravated use of a wireless telephone when he or she violates subsection (e) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (f) A person convicted of violating subsection (b-5) or (e-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) or (e-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices. (a) As used in this Section: "Electronic communication device" means an electronic device, including, but not limited to, a hand-held wireless telephone, hand-held personal digital assistant, tablet, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. (b) A person may not operate a motor vehicle on a roadway while using an electronic communication device, including using an electronic communication device to watch or stream video, participate in any video conferencing application, including, but not limited to, Zoom, Microsoft Teams, or WebEx, or access any social media site, including, but not limited to, Facebook, Snapchat, Instagram, or Twitter. The exemptions in paragraphs (3) and (9) of subsection (d) do not apply when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site. (b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she is involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation is a proximate cause of the injury or death. (c) A violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense, except that a person who violates subsection (b-5) shall be assessed a minimum fine of $1,000. (d) This Section does not apply to: (1) a law enforcement officer or operator of an |
| emergency vehicle while performing his or her official duties;
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(1.5) a first responder, including a volunteer first
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| responder, while operating his or her own personal motor vehicle using an electronic communication device for the sole purpose of receiving information about an emergency situation while en route to performing his or her official duties;
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(2) a driver using an electronic communication device
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| for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;
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(3) a driver using an electronic communication device
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| in hands-free or voice-operated mode, which may include the use of a headset;
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(4) a driver of a commercial motor vehicle reading a
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| message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;
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(5) a driver using an electronic communication device
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| while parked on the shoulder of a roadway;
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(6) a driver using an electronic communication device
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| when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park;
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(7) a driver using two-way or citizens band radio
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(8) a driver using two-way mobile radio transmitters
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| or receivers for licensees of the Federal Communications Commission in the amateur radio service;
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(9) a driver using an electronic communication device
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| by pressing a single button to initiate or terminate a voice communication; or
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(10) a driver using an electronic communication
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| device capable of performing multiple functions, other than a hand-held wireless telephone or hand-held personal digital assistant (for example, a fleet management system, dispatching device, citizens band radio, or music player) for a purpose that is not otherwise prohibited by this Section.
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(e) A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person.
(Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; 103-310, eff. 1-1-24 .)
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