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Public Act 097-0039


 

Public Act 0039 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0039
 
SB0956 EnrolledLRB097 04690 HEP 44729 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 12-215 as follows:
 
    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
    Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
    (a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
        1. Law enforcement vehicles of State, Federal or local
    authorities;
        2. A vehicle operated by a police officer or county
    coroner and designated or authorized by local authorities,
    in writing, as a law enforcement vehicle; however, such
    designation or authorization must be carried in the
    vehicle;
        2.1. A vehicle operated by a fire chief who has
    completed an emergency vehicle operation training course
    approved by the Office of the State Fire Marshal and
    designated or authorized by local authorities, in writing,
    as a fire department, fire protection district, or township
    fire department vehicle; however, the designation or
    authorization must be carried in the vehicle, and the
    lights may be visible or activated only when responding to
    a bona fide emergency;
        3. Vehicles of local fire departments and State or
    federal firefighting vehicles;
        4. Vehicles which are designed and used exclusively as
    ambulances or rescue vehicles; furthermore, such lights
    shall not be lighted except when responding to an emergency
    call for and while actually conveying the sick or injured;
        5. Tow trucks licensed in a state that requires such
    lights; furthermore, such lights shall not be lighted on
    any such tow truck while the tow truck is operating in the
    State of Illinois;
        6. Vehicles of the Illinois Emergency Management
    Agency, vehicles of the Illinois Department of Public
    Health, and vehicles of the Department of Nuclear Safety;
        7. Vehicles operated by a local or county emergency
    management services agency as defined in the Illinois
    Emergency Management Agency Act;
        8. School buses operating alternately flashing head
    lamps as permitted under Section 12-805 of this Code;
        9. Vehicles that are equipped and used exclusively as
    organ transplant vehicles when used in combination with
    blue oscillating, rotating, or flashing lights;
    furthermore, these lights shall be lighted only when the
    transportation is declared an emergency by a member of the
    transplant team or a representative of the organ
    procurement organization; and
        10. Vehicles of the Illinois Department of Natural
    Resources that are used for mine rescue and explosives
    emergency response.
    (b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
        1. Second division vehicles designed and used for
    towing or hoisting vehicles; furthermore, such lights
    shall not be lighted except as required in this paragraph
    1; such lights shall be lighted when such vehicles are
    actually being used at the scene of an accident or
    disablement; if the towing vehicle is equipped with a flat
    bed that supports all wheels of the vehicle being
    transported, the lights shall not be lighted while the
    vehicle is engaged in towing on a highway; if the towing
    vehicle is not equipped with a flat bed that supports all
    wheels of a vehicle being transported, the lights shall be
    lighted while the towing vehicle is engaged in towing on a
    highway during all times when the use of headlights is
    required under Section 12-201 of this Code;
        2. Motor vehicles or equipment of the State of
    Illinois, local authorities and contractors; furthermore,
    such lights shall not be lighted except while such vehicles
    are engaged in maintenance or construction operations
    within the limits of construction projects;
        3. Vehicles or equipment used by engineering or survey
    crews; furthermore, such lights shall not be lighted except
    while such vehicles are actually engaged in work on a
    highway;
        4. Vehicles of public utilities, municipalities, or
    other construction, maintenance or automotive service
    vehicles except that such lights shall be lighted only as a
    means for indicating the presence of a vehicular traffic
    hazard requiring unusual care in approaching, overtaking
    or passing while such vehicles are engaged in maintenance,
    service or construction on a highway;
        5. Oversized vehicle or load; however, such lights
    shall only be lighted when moving under permit issued by
    the Department under Section 15-301 of this Code;
        6. The front and rear of motorized equipment owned and
    operated by the State of Illinois or any political
    subdivision thereof, which is designed and used for removal
    of snow and ice from highways;
        (6.1) The front and rear of motorized equipment or
    vehicles that (i) are not owned by the State of Illinois or
    any political subdivision of the State, (ii) are designed
    and used for removal of snow and ice from highways and
    parking lots, and (iii) are equipped with a snow plow that
    is 12 feet in width; these lights may not be lighted except
    when the motorized equipment or vehicle is actually being
    used for those purposes on behalf of a unit of government;
        7. Fleet safety vehicles registered in another state,
    furthermore, such lights shall not be lighted except as
    provided for in Section 12-212 of this Code;
        8. Such other vehicles as may be authorized by local
    authorities;
        9. Law enforcement vehicles of State or local
    authorities when used in combination with red oscillating,
    rotating or flashing lights;
        9.5. Propane delivery trucks;
        10. Vehicles used for collecting or delivering mail for
    the United States Postal Service provided that such lights
    shall not be lighted except when such vehicles are actually
    being used for such purposes;
        11. Any vehicle displaying a slow-moving vehicle
    emblem as provided in Section 12-205.1;
        12. All trucks equipped with self-compactors or
    roll-off hoists and roll-on containers for garbage or
    refuse hauling. Such lights shall not be lighted except
    when such vehicles are actually being used for such
    purposes;
        13. Vehicles used by a security company, alarm
    responder, or control agency;
        14. Security vehicles of the Department of Human
    Services; however, the lights shall not be lighted except
    when being used for security related purposes under the
    direction of the superintendent of the facility where the
    vehicle is located; and
        15. Vehicles of union representatives, except that the
    lights shall be lighted only while the vehicle is within
    the limits of a construction project.
    (c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
        1. Rescue squad vehicles not owned by a fire department
    and vehicles owned or operated by a:
            voluntary firefighter;
            paid firefighter;
            part-paid firefighter;
            call firefighter;
            member of the board of trustees of a fire
        protection district;
            paid or unpaid member of a rescue squad;
            paid or unpaid member of a voluntary ambulance
        unit; or
            paid or unpaid members of a local or county
        emergency management services agency as defined in the
        Illinois Emergency Management Agency Act, designated
        or authorized by local authorities, in writing, and
        carrying that designation or authorization in the
        vehicle.
        However, such lights are not to be lighted except when
    responding to a bona fide emergency or when parked or
    stationary at the scene of a fire, rescue call, ambulance
    call, or motor vehicle accident.
        Any person using these lights in accordance with this
    subdivision (c)1 must carry on his or her person an
    identification card or letter identifying the bona fide
    member of a fire department, fire protection district,
    rescue squad, ambulance unit, or emergency management
    services agency that owns or operates that vehicle. The
    card or letter must include:
            (A) the name of the fire department, fire
        protection district, rescue squad, ambulance unit, or
        emergency management services agency;
            (B) the member's position within the fire
        department, fire protection district, rescue squad,
        ambulance unit, or emergency management services
        agency;
            (C) the member's term of service; and
            (D) the name of a person within the fire
        department, fire protection district, rescue squad,
        ambulance unit, or emergency management services
        agency to contact to verify the information provided.
        2. Police department vehicles in cities having a
    population of 500,000 or more inhabitants.
        3. Law enforcement vehicles of State or local
    authorities when used in combination with red oscillating,
    rotating or flashing lights.
        4. Vehicles of local fire departments and State or
    federal firefighting vehicles when used in combination
    with red oscillating, rotating or flashing lights.
        5. Vehicles which are designed and used exclusively as
    ambulances or rescue vehicles when used in combination with
    red oscillating, rotating or flashing lights; furthermore,
    such lights shall not be lighted except when responding to
    an emergency call.
        6. Vehicles that are equipped and used exclusively as
    organ transport vehicles when used in combination with red
    oscillating, rotating, or flashing lights; furthermore,
    these lights shall only be lighted when the transportation
    is declared an emergency by a member of the transplant team
    or a representative of the organ procurement organization.
        7. Vehicles of the Illinois Emergency Management
    Agency, vehicles of the Illinois Department of Public
    Health, and vehicles of the Department of Nuclear Safety,
    when used in combination with red oscillating, rotating, or
    flashing lights.
        8. Vehicles operated by a local or county emergency
    management services agency as defined in the Illinois
    Emergency Management Agency Act, when used in combination
    with red oscillating, rotating, or flashing lights.
        9. Vehicles of the Illinois Department of Natural
    Resources that are used for mine rescue and explosives
    emergency response, when used in combination with red
    oscillating, rotating, or flashing lights.
    (c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad, or
a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance call,
or motor vehicle accident.
    (c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid or
unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency Management
Agency Act, may be equipped with white oscillating, rotating,
or flashing lights to be used in combination with blue
oscillating, rotating, or flashing lights, if authorization by
local authorities is in writing and carried in the vehicle.
    (d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited except motor vehicles or equipment of
the State of Illinois, local authorities, contractors, and
union representatives may be so equipped; furthermore, such
lights shall not be lighted on vehicles of the State of
Illinois, local authorities, and contractors except while such
vehicles are engaged in highway maintenance or construction
operations within the limits of highway construction projects,
and shall not be lighted on the vehicles of union
representatives except when those vehicles are within the
limits of a construction project.
    (e) All oscillating, rotating or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
    (f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating or flashing lights or his
representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
    (g) Any person violating the provisions of subsections (a),
(b), (c) or (d) of this Section who without lawful authority
stops or detains or attempts to stop or detain another person
shall be guilty of a Class 2 felony.
    (h) Except as provided in subsection (g) above, any person
violating the provisions of subsections (a) or (c) of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10.)

Effective Date: 1/1/2012