(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
Sec. 15-312. Fees for police escort. When State Police escorts are required by the Department of Transportation for the
safety of the motoring public, the following fees shall be paid by the
applicant: (1) to the Department of Transportation: $40 per hour |
| per vehicle based upon the pre-estimated time of the movement to be agreed upon between the Department and the applicant, with a minimum fee of $80 per vehicle; and
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(2) to the Illinois State Police: $75 per hour per
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| State Police vehicle based upon the actual time of the movement, with a minimum fee of $300 per State Police vehicle. The Illinois State Police shall remit the moneys to the State Treasurer, who shall deposit the moneys into the State Police Operations Assistance Fund.
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The actual time of the movement shall be the time the police escort is required to pick up the movement to the time the movement is completed. Any delays or breakdowns shall be considered part of the movement time. Any fraction of an hour shall be rounded up to the next whole hour.
(Source: P.A. 102-505, eff. 8-20-21.)
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(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may restrict right to use highways.
(a) Except as provided in subsection (g), local authorities with
respect to highways under their jurisdiction may by ordinance or resolution
prohibit the operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon any such
highway, for a total period of not to exceed 90 days, measured in either consecutive or nonconsecutive days at the discretion of local authorities, in any one calendar
year, whenever any said highway by reason of deterioration, rain, snow, or
other climate conditions will be seriously damaged or destroyed unless the
use of vehicles thereon is prohibited or the permissible weights thereof
reduced.
(b) The local authority
enacting any such ordinance or resolution shall erect or cause to be erected
and maintained signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby, and the ordinance
or resolution shall not be effective unless and until such signs are erected
and maintained. To be effective, an ordinance or resolution passed to designate a Class II roadway need not require that signs be erected, but the designation shall be reported to the Department.
(c) Local authorities with
respect to highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other commercial vehicles,
or may impose limitations as the weight thereof, on designated highways, which
prohibitions and limitations shall be designated by appropriate signs placed on
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with Section 6-201.22 of the Illinois Highway Code. (d) The Department shall likewise have authority as hereinbefore
granted to local authorities to
determine by resolution and to impose restrictions as to the weight of vehicles
operated upon any highway under the jurisdiction of said department, and such
restrictions shall be effective when signs giving notice thereof are erected
upon the highway or portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this Section, the owner
or driver of the vehicle shall be deemed guilty of a violation and either the
owner or the driver of the vehicle may be prosecuted for the violation. Any
person, firm, or corporation convicted of violating this Section shall be fined
$50 for any weight exceeding the posted limit up to the axle or gross weight
limit allowed a vehicle as provided for in subsections (a) or (b) of Section
15-111 and $75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight limit
ordinance applying to county highways within its corporate limits and is
entitled to the proceeds of any fines collected from the enforcement.
(g) An ordinance or resolution enacted by a county or township pursuant to subsection (a) of this Section shall not apply to cargo tank vehicles with two or three permanent axles when delivering propane for emergency heating purposes if the cargo tank is loaded at no more than 50 percent capacity, the gross vehicle weight of the vehicle does not exceed 32,000 pounds, and the driver of the cargo tank vehicle notifies the appropriate agency or agencies with jurisdiction over the highway before driving the vehicle on the highway pursuant to this subsection. The cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank. The cargo tank must have the capacity displayed on the cargo tank, or documentation of the capacity of the cargo tank must be available in the vehicle. For the purposes of this subsection, propane weighs 4.2 pounds per gallon. This subsection does not apply to municipalities. Nothing in this subsection shall allow cargo tank
vehicles
to cross bridges with posted weight restrictions if the vehicle exceeds the posted weight limit. (Source: P.A. 101-328, eff. 1-1-20 .)
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(625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
Sec. 15-318.
Liability if highway or structure damaged.
(a) Any person driving any vehicle, object or contrivance upon any
highway or highway structure is liable for all damage which the highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle, object or contrivance, or as a result of
operating, driving, or moving any vehicle, object, or contrivance
exceeding the maximum dimensions or weighing in excess of the maximum
weight specified in this Chapter but authorized by a special permit
issued as provided in this Chapter. The measure of liability is the cost
of repairing a facility partially damaged or the depreciated replacement
cost of a facility damaged beyond repair together with all other
expenses incurred by the authorities in control of the highway or
highway structure in providing a temporary detour, including a temporary
structure, to serve the needs of traffic during the period of repair or
replacement of the damaged highway or highway structure.
(b) Whenever such driver is not the owner of such vehicle, object,
or contrivance, but is so operating, driving, or moving the same with
the express or implied permission of such owner, then the owner and
driver are jointly and severally liable to the extent provided in
paragraph (a) of this Section.
(c) Recovery may be had in a civil action brought by the authorities
in control of such highway or highway structure.
(Source: P.A. 81-199.)
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(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the |
| limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town, or park district, if the violator was arrested by the authorities of the city, village, incorporated town, or park district, provided the police officers and officials of cities, villages, incorporated towns, and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund. Provided further that if the violator was arrested by the Illinois State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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2. Except as provided in paragraph 4, for offenses
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| committed upon any highway outside the limits of a city, village, incorporated town, or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund; provided that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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3. Notwithstanding subsections 1 and 2 of this
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| paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be remitted to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.
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4. With regard to violations of overweight and
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| overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town, or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.
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(b) Failure, refusal, or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-106) (from Ch. 95 1/2, par. 16-106)
Sec. 16-106.
For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance.
(Source: P.A. 81-781.)
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(625 ILCS 5/16-106.5)
Sec. 16-106.5.
Pilot project; notice of violation to owner.
(a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include:
(1) the date and time the violation was alleged to |
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(2) the location where the violation was alleged to
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(3) the name of the person cited for committing the
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(4) the violation alleged to have been committed; and
(5) the date and time of any required court
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| appearance by the person cited for committing the alleged violation.
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(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project.
(Source: P.A. 92-344, eff. 8-10-01.)
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(625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)
Sec. 16-107. Appearance of parent or guardian of minor in certain court
proceedings - Judicial discretion. (a) Whenever an unemancipated minor
is required to appear in court pursuant to a citation for violation of any
Section or any subsection of any Section of this Act specified in subsection
(b) of this Section, the court may require that a parent or guardian of
the minor accompany the minor and appear before the court with the minor,
unless, in the discretion of the court, such appearance would be unreasonably
burdensome under the circumstances.
(b) This Section shall apply whenever an unemancipated minor is charged
with violation of any of the following Sections and subsections of this Act:
1) Sections 3-701, 3-702 and 3-703;
2) Sections 4-102, 4-103, 4-104 and 4-105;
3) Section 6-101, subsections (a), (b) and (c) of |
| Section 6-104, and Sections 6-113, 6-301, 6-302, 6-303 and 6-304;
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4) Sections 11-203 and 11-204, subsection (b) of
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| Section 11-305, Sections 11-311, 11-312, 11-401, 11-402, 11-403, 11-404, 11-407, 11-409, 11-501, 11-502, 11-503, 11-504, 11-506, subsection (b) of Section 11-601, Sections 11-704, 11-707, 11-1007, 11-1403, 11-1404 and subsection (a) of Section 11-1414.
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(Source: P.A. 95-310, eff. 1-1-08.)
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(625 ILCS 5/16-108)
Sec. 16-108. Claims of diplomatic immunity.
(a) This Section applies only to an individual that displays to a police
officer a
driver's license issued by the U.S. Department of State or that otherwise
claims
immunities or privileges under Title 22, Chapter 6 of the United States Code
with
respect to the individual's violation of Section 9-3 or Section 9-3.2 of the
Criminal Code
of 2012 or his or her violation of a traffic regulation governing the movement
of vehicles
under this Code or a similar provision of a local ordinance.
(b) If a driver subject to this Section is stopped by a police officer that
has
probable cause to believe that the driver has committed a violation described
in
subsection (a) of this Section, the police officer shall:
(1) as soon as practicable contact the U.S. |
| Department of State office in order to verify the driver's status and immunity, if any;
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(2) record all relevant information from any driver's
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| license or identification card, including a driver's license or identification card issued by the U.S. Department of State; and
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(3) within 5 workdays after the date of the stop,
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| forward the following to the Secretary of State of Illinois:
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(A) a vehicle crash report, if the driver was
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| involved in a vehicle crash;
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(B) if a citation or charge was issued to the
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| driver, a copy of the citation or charge; and
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(C) if a citation or charge was not issued to the
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| driver, a written report of the incident.
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(c) Upon receiving material submitted under paragraph (3) of subsection (b)
of
this Section, the Secretary of State shall:
(1) file each vehicle crash report, citation or
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| charge, and incident report received;
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(2) keep convenient records or make suitable
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(A) conviction;
(B) disposition of court supervision for any
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| violation of Section 11-501 of this Code; and
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(C) vehicle crash; and
(3) send a copy of each document and record described
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| in paragraph (2) of this subsection (c) to the Bureau of Diplomatic Security, Office of Foreign Missions, of the U.S. Department of State.
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(d) This Section does not prohibit or limit the application of any law to a
criminal
or motor vehicle violation by an individual who has or claims immunities or
privileges
under Title 22, Chapter 6 of the United States Code.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/16-201) (from Ch. 95 1/2, par. 16-201)
Sec. 16-201.
Parties to a crime.
Every person who commits, attempts to commit, conspires to commit, or
aids, or abets in the commission of any act declared to be a crime, whether
individually or in connection with one or more other persons or as
principal, agent or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wilfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of
this Act is likewise guilty of such offense.
(Source: P.A. 76-1586.)
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