Illinois General Assembly - Full Text of Public Act 095-0788
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Public Act 095-0788


 

Public Act 0788 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0788
 
HB4839 Enrolled LRB095 15222 RLC 45275 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
Section 11-604 as follows:
 
    (625 ILCS 5/11-604)  (from Ch. 95 1/2, par. 11-604)
    (Text of Section after amendment by P.A. 95-574)
    Sec. 11-604. Alteration of limits by local authorities.
    (a) Subject to the limitations set forth in this Section,
the county board of a county may establish absolute maximum
speed limits on all county highways, township roads and
district roads as defined in the Illinois Highway Code, except
those under the jurisdiction of the Department or of the
Illinois State Toll Highway Authority, as described in Sections
11-602 and 11-603 of this Chapter; and any park district, city,
village, or incorporated town may establish absolute maximum
speed limits on all streets which are within its corporate
limits and which are not under the jurisdiction of the
Department or of such Authority, and for which the county or a
highway commissioner of such county does not have maintenance
responsibility.
    (b) Whenever any such park district, city, village, or
incorporated town determines, upon the basis of an engineering
or traffic investigation concerning a highway or street on
which it is authorized by this Section to establish speed
limits, that a maximum speed limit prescribed in Section 11-601
of this Chapter is greater or less than is reasonable or safe
with respect to the conditions found to exist at any place or
along any part or zone of such highway or street, the local
authority or park district shall determine and declare by
ordinance a reasonable and safe absolute maximum speed limit at
such place or along such part or zone, which:
        (1) Decreases the limit within an urban district, but
    not to less than 20 miles per hour; or
        (2) Increases the limit within an urban district, but
    not to more than 55 miles per hour; or
        (3) Decreases the limit outside of an urban district,
    but not to less than 35 miles per hour, except as otherwise
    provided in subparagraph 4 of this paragraph; or
        (4) Decreases the limit within a residence district,
    but not to less than 25 miles per hour, except as otherwise
    provided in subparagraph 1 of this paragraph.
    The park district, city, village, or incorporated town may
make such limit applicable at all times or only during certain
specified times. Not more than 6 such alterations shall be made
per mile along a highway or street; and the difference in limit
between adjacent altered speed zones shall not be more than 10
miles per hour.
    A limit so determined and declared by a park district,
city, village, or incorporated town becomes effective, and
suspends the application of the limit prescribed in Section
11-601 of this Chapter, when appropriate signs giving notice of
the limit are erected at the proper place or along the proper
part or zone of the highway or street. Electronic
speed-detecting devices shall not be used within 500 feet
beyond any such sign in the direction of travel; if so used in
violation of this Section evidence obtained thereby shall be
inadmissible in any prosecution for speeding. However, nothing
in this Section prohibits the use of such electronic
speed-detecting devices within 500 feet of a sign within a
special school speed zone indicating such zone, conforming to
the requirements of Section 11-605 of this Act, nor shall
evidence obtained thereby be inadmissible in any prosecution
for speeding provided the use of such device shall apply only
to the enforcement of the speed limit in such special school
speed zone.
    (c) A county engineer or superintendent of highways may
submit to the Department for approval, a county policy for
establishing altered speed zones on township and county
highways based upon engineering and traffic investigations.
    (d) Whenever the county board of a county determines that a
maximum speed limit is greater or less than is reasonable or
safe with respect to the conditions found to exist at any place
or along any part or zone of the highway or road, the county
board shall determine and declare by ordinance a reasonable and
safe absolute maximum speed limit at that place or along that
part or zone. However, the maximum speed limit shall not exceed
55 miles per hour. Upon receipt of an engineering study for the
part or zone of highway in question from the county engineer,
and notwithstanding any other provision of law, the county
board of a county may determine and declare by ordinance a
reduction in the maximum speed limit at any place or along any
part or zone of a county highway whenever the county board, in
its sole discretion, determines that the reduction in the
maximum speed limit is reasonable and safe. The county board
may post signs designating the new speed limit. The limit
becomes effective, and suspends the application of the limit
prescribed in Section 11-601 of this Chapter, when appropriate
signs giving notice of the limit are erected at the proper
place or along the proper part of the zone of the highway.
Electronic speed-detecting devices shall not be used within 500
feet beyond any such sign in the direction of travel; if so
used in violation of this Section, evidence obtained thereby
shall be inadmissible in any prosecution for speeding. However,
nothing in this Section prohibits the use of such electronic
speed-detecting devices within 500 feet of a sign within a
special school speed zone indicating such zone, conforming to
the requirements of Section 11-605 of this Act, nor shall
evidence obtained thereby be inadmissible in any prosecution
for speeding provided the use of such device shall apply only
to the enforcement of the speed limit in such special school
speed zone.
(Source: P.A. 95-574, eff. 6-1-08.)
 
    Section 10. "AN ACT concerning transportation" (Public Act
95-574), approved August 31, 2007, is amended by adding Section
90 as follows:
 
    (P.A. 95-574, Sec. 90 new)
    Sec. 90. Effective date. This Act (Public Act 95-574) takes
effect on the effective date of this amendatory Act of the 95th
General Assembly or June 1, 2008, whichever occurs first.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/7/2008