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Public Act 094-0619


 

Public Act 0619 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0619
 
HB1316 Enrolled LRB094 09410 DRH 39657 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 2-111, 3-616, 3-704, 3-808.1, 11-1301.3, 11-1301.5,
11-1301.6, and 12-401 as follows:
 
    (625 ILCS 5/2-111)  (from Ch. 95 1/2, par. 2-111)
    Sec. 2-111. Seizure or confiscation of documents and
plates.     (a) The Secretary of State is authorized to take
possession of any certificate of title, registration card,
permit, license, registration plate, plates, disability person
with disabilities license plate or parking decal or device, or
registration sticker issued by him upon expiration,
revocation, cancellation or suspension thereof, or which is
fictitious, or which has been unlawfully or erroneously issued.
Police officers who have reasonable grounds to believe that any
item or items listed in this section should be seized shall
request the Secretary of State to take possession of such item
or items.
    (b) The Secretary of State is authorized to confiscate any
suspected fraudulent, fictitious, or altered documents
submitted by an applicant in support of an application for a
driver's license or permit.
(Source: P.A. 93-895, eff. 1-1-05.)
 
    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
    Sec. 3-616. Disability Person with disabilities license
plates.
    (a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for a
motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration fees
required under this Code from a person with disabilities or a
person who is deaf or hard of hearing, the Secretary of State,
if so requested, shall issue to such person registration plates
as provided for in Section 3-611, provided that the person with
disabilities or person who is deaf or hard of hearing must not
be disqualified from obtaining a driver's license under
subsection 8 of Section 6-103 of this Code, and further
provided that any person making such a request must submit a
statement, certified by a licensed physician, by a physician
assistant who has been delegated the authority to make this
certification by his or her supervising physician, or by an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this certification, to the
effect that such person is a person with disabilities as
defined by Section 1-159.1 of this Code, or alternatively
provide adequate documentation that such person has a Class 1A,
Class 2A or Type Four disability under the provisions of
Section 4A of the Illinois Identification Card Act. For
purposes of this Section, an Illinois Disabled Person
Identification Card issued pursuant to the Illinois
Identification Card Act indicating that the person thereon
named has a disability shall be adequate documentation of such
a disability.
    (b) The Secretary shall issue plates under this Section to
a parent or legal guardian of a person with disabilities if the
person with disabilities has a Class 1A or Class 2A disability
as defined in Section 4A of the Illinois Identification Card
Act or is a person with disabilities as defined by Section
1-159.1 of this Code, and does not possess a vehicle registered
in his or her name, provided that the person with disabilities
relies frequently on the parent or legal guardian for
transportation. Only one vehicle per family may be registered
under this subsection, unless the applicant can justify in
writing the need for one additional set of plates. Any person
requesting special plates under this subsection shall submit
such documentation or such physician's, physician assistant's,
or advanced practice nurse's statement as is required in
subsection (a) and a statement describing the circumstances
qualifying for issuance of special plates under this
subsection.
    (c) The Secretary may issue a person with disabilities
parking decal or device to a person with disabilities as
defined by Section 1-159.1 without regard to qualification of
such person with disabilities for a driver's license or
registration of a vehicle by such person with disabilities or
such person's immediate family, provided such person with
disabilities making such a request has been issued a Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2A disability, or
alternatively, submits a statement certified by a licensed
physician, or by a physician assistant or an advanced practice
nurse as provided in subsection (a), to the effect that such
person is a person with disabilities as defined by Section
1-159.1.
    (d) The Secretary shall prescribe by rules and regulations
procedures to certify or re-certify as necessary the
eligibility of persons whose disabilities are other than
permanent for special plates or person with disabilities
parking decals or devices issued under subsections (a), (b) and
(c). Except as provided under subsection (f) of this Section,
no such special plates, decals or devices shall be issued by
the Secretary of State to or on behalf of any person with
disabilities unless such person is certified as meeting the
definition of a person with disabilities pursuant to Section
1-159.1 or meeting the requirement of a Type Four disability as
provided under Section 4A of the Illinois Identification Card
Act for the period of time that the physician, or the physician
assistant or advanced practice nurse as provided in subsection
(a), determines the applicant will have the disability, but not
to exceed 6 months from the date of certification or
recertification.
    (e) Any person requesting special plates under this Section
may also apply to have the special plates personalized, as
provided under Section 3-405.1.
    (f) The Secretary of State, upon application, shall issue
disability person with disabilities registration plates or a
person with disabilities parking decal to corporations, school
districts, State or municipal agencies, limited liability
companies, nursing homes, convalescent homes, or special
education cooperatives which will transport persons with
disabilities. The Secretary shall prescribe by rule a means to
certify or re-certify the eligibility of organizations to
receive disability person with disabilities plates or decals
and to designate which of the 2 person with disabilities
emblems shall be placed on qualifying vehicles.
    (g) 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. 92-16, eff. 6-28-01; 92-411, eff. 1-1-02; 92-651,
eff. 7-11-02; 93-182, eff. 7-11-03.)
 
    (625 ILCS 5/3-704)  (from Ch. 95 1/2, par. 3-704)
    Sec. 3-704. Authority of Secretary of State to suspend or
revoke a registration or certificate of title; authority to
suspend or revoke the registration of a vehicle.
    (a) The Secretary of State may suspend or revoke the
registration of a vehicle or a certificate of title,
registration card, registration sticker, registration plate,
disability person with disabilities parking decal or device, or
any nonresident or other permit in any of the following events:
        1. When the Secretary of State is satisfied that such
    registration or that such certificate, card, plate,
    registration sticker or permit was fraudulently or
    erroneously issued;
        2. When a registered vehicle has been dismantled or
    wrecked or is not properly equipped;
        3. When the Secretary of State determines that any
    required fees have not been paid to either the Secretary of
    State or the Illinois Commerce Commission and the same are
    not paid upon reasonable notice and demand;
        4. When a registration card, registration plate,
    registration sticker or permit is knowingly displayed upon
    a vehicle other than the one for which issued;
        5. When the Secretary of State determines that the
    owner has committed any offense under this Chapter
    involving the registration or the certificate, card,
    plate, registration sticker or permit to be suspended or
    revoked;
        6. When the Secretary of State determines that a
    vehicle registered not-for-hire is used or operated
    for-hire unlawfully, or used or operated for purposes other
    than those authorized;
        7. When the Secretary of State determines that an owner
    of a for-hire motor vehicle has failed to give proof of
    financial responsibility as required by this Act;
        8. When the Secretary determines that the vehicle is
    not subject to or eligible for a registration;
        9. When the Secretary determines that the owner of a
    vehicle registered under the mileage weight tax option
    fails to maintain the records specified by law, or fails to
    file the reports required by law, or that such vehicle is
    not equipped with an operable and operating speedometer or
    odometer;
        10. When the Secretary of State is so authorized under
    any other provision of law;
        11. When the Secretary of State determines that the
    holder of a disability person with disabilities parking
    decal or device has committed any offense under Chapter 11
    of this Code involving the use of a disability person with
    disabilities parking decal or device.
    (b) The Secretary of State may suspend or revoke the
registration of a vehicle as follows:
        1. When the Secretary of State determines that the
    owner of a vehicle has not paid a civil penalty or a
    settlement agreement arising from the violation of rules
    adopted under the Illinois Motor Carrier Safety Law or the
    Illinois Hazardous Materials Transportation Act or that a
    vehicle, regardless of ownership, was the subject of
    violations of these rules that resulted in a civil penalty
    or settlement agreement which remains unpaid.
        2. When the Secretary of State determines that a
    vehicle registered for a gross weight of more than 16,000
    pounds within an affected area is not in compliance with
    the provisions of Section 13-109.1 of the Illinois Vehicle
    Code.
(Source: P.A. 92-437, eff. 8-17-01.)
 
    (625 ILCS 5/3-808.1)  (from Ch. 95 1/2, par. 3-808.1)
    Sec. 3-808.1. (a) Permanent vehicle registration plates
shall be issued, at no charge, to the following:
        1. Vehicles, other than medical transport vehicles,
    owned and operated by the State of Illinois or by any State
    agency financed by funds appropriated by the General
    Assembly;
        2. Special disability person with disabilities plates
    issued to vehicles owned and operated by the State of
    Illinois or by any State agency financed by funds
    appropriated by the General Assembly.
    (b) Permanent vehicle registration plates shall be issued,
for a one time fee of $8.00, to the following:
        1. Vehicles, other than medical transport vehicles,
    operated by or for any county, township or municipal
    corporation;
        2. Vehicles owned by counties, townships or municipal
    corporations for persons with disabilities.
        3. Beginning with the 1991 registration year,
    county-owned vehicles operated by or for any county sheriff
    and designated deputy sheriffs. These registration plates
    shall contain the specific county code and unit number.
        4. All-terrain vehicles owned by counties, townships,
    or municipal corporations and used for law enforcement
    purposes when the Manufacturer's Statement of Origin is
    accompanied with a letter from the original manufacturer or
    a manufacturer's franchised dealer stating that this
    all-terrain vehicle has been converted to a street worthy
    vehicle that meets the equipment requirements set forth in
    Chapter 12 of this Code.
        5. Beginning with the 2001 registration year,
    municipally-owned vehicles operated by or for any police
    department. These registration plates shall contain the
    designation "municipal police" and shall be numbered and
    distributed as prescribed by the Secretary of State.
(Source: P.A. 90-324, eff. 8-1-97; 91-383, eff. 7-30-99.)
 
    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
    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.
An individual with a vehicle properly displaying a person with
disabilities license plate or parking decal or device issued to
a disabled person under Sections 3-616, 11-1301.1, or 11-1301.2
is in violation of this Section if the person is not the
authorized holder of a person with disabilities license plate
or parking decal or device and is not transporting the
authorized holder of a person with disabilities license plate
or parking decal or device to or from the parking location and
the person uses the person with disabilities license plate or
parking decal or device to exercise any privileges granted
through the person with disabilities license plates or parking
decals or devices under this Code. Any motor vehicle properly
displaying a disability person with disabilities license plate
or a person with disabilities 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) this Section shall be fined $250 $100 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 $200
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) shall be fined $500 and 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. The
circuit clerk shall distribute $250 of the $500 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 $250 shall be shared equally.
    (d) Local authorities shall impose fines as established in
subsections subsection (c) and (c-1) for violations of this
Section.
    (e) As used in this Section, "authorized holder" means an
individual issued a disability person with disabilities
license plate under Section 3-616 of this Code, or an
individual issued a person with disabilities 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.
(Source: P.A. 91-427, eff. 8-6-99; 92-411, eff. 1-1-02; 92-637,
eff. 1-1-03.)
 
    (625 ILCS 5/11-1301.5)
    Sec. 11-1301.5. Fictitious or unlawfully altered
disability person with disabilities license plate or parking
decal or device.
    (a) As used in this Section:
    "Fictitious disability person with disabilities license
plate or parking decal or device" means any issued disability
person with disabilities 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, a person with disabilities
license plate or parking permit or device that falsifies the
content of the application.
    "Unlawfully altered disability person with disabilities
license plate or parking permit or device" means any disability
person with disabilities 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 person with disabilities license plate under
Section 3-616 of this Code or an individual issued a person
with disabilities 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 unlawfully
    altered disability person with disabilities license plate
    or parking decal or device;
        (2) to knowingly issue or assist in the issuance of, by
    the Secretary of State or unit of local government, any
    fictitious disability person with disabilities license
    plate or parking decal or device;
        (3) to knowingly alter any disability person with
    disabilities license plate or parking decal or device;
        (4) to knowingly manufacture, possess, transfer, or
    provide any documentation used in the application process
    whether real or fictitious, for the purpose of obtaining a
    fictitious disability person with disabilities license
    plate or parking decal or device;
        (5) to knowingly provide any false information to the
    Secretary of State or a unit of local government in order
    to obtain a disability person with disabilities license
    plate or parking decal or device; or
        (6) to knowingly transfer a disability person with
    disabilities license plate or parking decal or device for
    the purpose of exercising the privileges granted to an
    authorized holder of a disability person with disabilities
    license plate or parking decal or device under this Code in
    the absence of the authorized holder.
    (c) Sentence.
        (1) Any person convicted of a violation of paragraph
    (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.
        (2) Any person who commits a violation of this 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.
        (3) 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 person
    with disabilities 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 person with disabilities license plate of
    any person who commits a violation of this Section.
(Source: P.A. 92-411, eff. 1-1-02.)
 
    (625 ILCS 5/11-1301.6)
    Sec. 11-1301.6. Fraudulent disability person with
disabilities license plate or parking decal or device.
    (a) As used in this Section:
        "Fraudulent disability person with disabilities
    license plate or parking decal or device" means any
    disability person with disabilities license plate or
    parking decal or device that purports to be an official
    disability person with disabilities 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.
        "Disability Person with disabilities license plate or
    parking decal or device-making implement" means any
    implement specially designed or primarily used in the
    manufacture, assembly, or authentication of a disability
    person with disabilities 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.
    (b) It is a violation of this Section for any person:
        (1) to knowingly possess any fraudulent disability
    person with disabilities license plate or parking decal;
        (2) to knowingly possess without authority any
    disability person with disabilities license plate or
    parking decal or device-making implement;
        (3) to knowingly duplicate, manufacture, sell, or
    transfer any fraudulent or stolen disability person with
    disabilities license plate or parking decal or device;
        (4) to knowingly assist in the duplication,
    manufacturing, selling, or transferring of any fraudulent,
    or stolen, or reported lost or damaged disability person
    with disabilities license plate or parking decal or device;
    or
        (5) to advertise or distribute a fraudulent disability
    person with disabilities license plate or parking decal or
    device.
    (c) Sentence.
        (1) Any person convicted of a violation of this 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.
        (2) Any person who commits a violation of this 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.
        (3) 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 person
    with disabilities 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 person with disabilities license plate of
    any person who commits a violation of this Section.
(Source: P.A. 92-411, eff. 1-1-02.)
 
    (625 ILCS 5/12-401)  (from Ch. 95 1/2, par. 12-401)
    Sec. 12-401. Restriction as to tire equipment. No metal
tired vehicle, including tractors, motor vehicles of the second
division, traction engines and other similar vehicles, shall be
operated over any improved highway of this State, if such
vehicle has on the periphery of any of the road wheels any
block, stud, flange, cleat, ridge, lug or any projection of
metal or wood which projects radially beyond the tread or
traffic surface of the tire. This prohibition does not apply to
pneumatic tires with metal studs used on vehicles operated by
rural letter carriers who are employed or enjoy a contract with
the United States Postal Service for the purpose of delivering
mail if such vehicle is actually used for such purpose during
operations between November 15 of any year and April 1 of the
following year, or to motor vehicles displaying a disability
person with disabilities or disabled veteran license plate
whose owner resides in an unincorporated area located upon a
county or township highway or road and possesses a valid
driver's license and operates the vehicle with such tires only
during the period heretofore described, or to tracked type
motor vehicles when that part of the vehicle coming in contact
with the road surface does not contain any projections of any
kind likely to injure the surface of the road; however,
tractors, traction engines, and similar vehicles may be
operated which have upon their road wheels V-shaped, diagonal
or other cleats arranged in such a manner as to be continuously
in contact with the road surface, provided that the gross
weight upon such wheels per inch of width of such cleats in
contact with the road surface, when measured in the direction
of the axle of the vehicle, does not exceed 800 pounds.
    All motor vehicles and all other vehicles in tow thereof,
or thereunto attached, operating upon any roadway, shall have
tires of rubber or some material of equal resiliency. Solid
tires shall be considered defective and shall not be permitted
to be used if the rubber or other material has been worn or
otherwise reduced to a thickness of less than three-fourths of
an undue vibration when the vehicle is in motion or to cause
undue concentration of the wheel load on the surface of the
road. The requirements of this Section do not apply to
agricultural tractors or traction engines or to agricultural
machinery, including wagons being used for agricultural
purposes in tow thereof, or to road rollers or road building
machinery operated at a speed not in excess of 10 miles per
hour. All motor vehicles of the second division, operating upon
any roadway shall have pneumatic tires, unless exempted herein.
    Nothing in this Section shall be deemed to prohibit the use
of tire chains of reasonable proportion upon any vehicle when
required for safety because of snow, ice or other conditions
tending to cause a vehicle to skid.
(Source: P.A. 88-685, eff. 1-24-95.)

Effective Date: 1/1/2006