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Public Act 098-0511


 

Public Act 0511 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0511
 
SB2356 EnrolledLRB098 10723 MLW 41052 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 1-187.001, 11-601, 11-601.5, 11-602, and 11-603 as
follows:
 
    (625 ILCS 5/1-187.001)
    Sec. 1-187.001. Serious traffic violation.
    (a) A conviction when operating a motor vehicle for:
        (1) a violation of subsection (a) of Section 11-402,
    relating to a motor vehicle accident involving damage to a
    vehicle;
        (2) a violation of Section 11-403, relating to failure
    to stop and exchange information after a motor vehicle
    collision, property damage only;
        (3) a violation of subsection (a) of Section 11-502,
    relating to illegal transportation, possession, or
    carrying of alcoholic liquor within the passenger area of
    any vehicle;
        (4) a violation of Section 6-101 relating to operating
    a motor vehicle without a valid license or permit;
        (5) a violation of Section 11-403, relating to failure
    to stop and exchange information or give aid after a motor
    vehicle collision involving personal injury or death;
        (6) a violation relating to excessive speeding,
    involving a single speeding charge of 26 30 miles per hour
    or more above the legal speed limit;
        (7) a violation relating to reckless driving;
        (8) a violation of subsection (d) of Section 11-707,
    relating to passing in a no-passing zone;
        (9) a violation of subsection (b) of Section 11-1402,
    relating to limitations on backing upon a controlled access
    highway;
        (10) a violation of subsection (b) of Section 11-707,
    relating to driving on the left side of a roadway in a
    no-passing zone;
        (11) a violation of subsection (e) of Section 11-1002,
    relating to failure to yield the right-of-way to a
    pedestrian at an intersection;
        (12) a violation of Section 11-1008, relating to
    failure to yield to a pedestrian on a sidewalk; or
        (13) a violation of Section 11-1201, relating to
    failure to stop for an approaching railroad train or
    railroad track equipment or signals; or
    (b) Any other similar violation of a law or local ordinance
of any state relating to motor vehicle traffic control, other
than a parking violation.
    (c) A violation of any of these defined serious traffic
offenses shall not preclude the defendant from being eligible
to receive an order of court supervision under Section 5-6-1 of
the Unified Code of Corrections.
(Source: P.A. 96-1244, eff. 1-1-11.)
 
    (625 ILCS 5/11-601)  (from Ch. 95 1/2, par. 11-601)
    Sec. 11-601. General speed restrictions.
    (a) No vehicle may be driven upon any highway of this State
at a speed which is greater than is reasonable and proper with
regard to traffic conditions and the use of the highway, or
endangers the safety of any person or property. The fact that
the speed of a vehicle does not exceed the applicable maximum
speed limit does not relieve the driver from the duty to
decrease speed when approaching and crossing an intersection,
approaching and going around a curve, when approaching a hill
crest, when traveling upon any narrow or winding roadway, or
when special hazard exists with respect to pedestrians or other
traffic or by reason of weather or highway conditions. Speed
must be decreased as may be necessary to avoid colliding with
any person or vehicle on or entering the highway in compliance
with legal requirements and the duty of all persons to use due
care.
    (b) No person may drive a vehicle upon any highway of this
State at a speed which is greater than the applicable statutory
maximum speed limit established by paragraphs (c), (d), (e),
(f) or (g) of this Section, by Section 11-605 or by a
regulation or ordinance made under this Chapter.
    (c) Unless some other speed restriction is established
under this Chapter, the maximum speed limit in an urban
district for all vehicles is:
        1. 30 miles per hour; and
        2. 15 miles per hour in an alley.
    (d) Unless some other speed restriction is established
under this Chapter, the maximum speed limit outside an urban
district for any vehicle is (1) 65 miles per hour (i) for all
highways under the jurisdiction of the Illinois State Toll
Highway Authority, unless some other speed limit is designated,
and (ii) for all or part of highways that are designated by the
Department, have at least 4 lanes of traffic, and have a
separation between the roadways moving in opposite directions
and (2) 55 miles per hour for all other highways, roads, and
streets.
    (d-1) Unless some other speed restriction is established
under this Chapter, the maximum speed limit outside an urban
district for any vehicle is (1) 70 miles per hour on any
interstate highway as defined by Section 1-133.1 of this Code;
(2) 65 miles per hour for all or part of highways that are
designated by the Department, have at least 4 lanes of traffic,
and have a separation between the roadways moving in opposite
directions; and (3) 55 miles per hour for all other highways,
roads, and streets. The counties of Cook, DuPage, Kane, Lake,
Madison, McHenry, St. Clair, and Will may adopt ordinances
setting a maximum speed limit on highways, roads, and streets
that is lower than the limits established by this Section.
    (e) In the counties of Cook, DuPage, Kane, Lake, McHenry,
and Will, unless some lesser speed restriction is established
under this Chapter, the maximum speed limit outside an urban
district for a second division vehicle designed or used for the
carrying of a gross weight of 8,001 pounds or more (including
the weight of the vehicle and maximum load) is 55 miles per
hour.
    (e-1) (Blank).
    (f) Unless some other speed restriction is established
under this Chapter, the maximum speed limit outside an urban
district for a bus is:
        1. 65 miles per hour upon any highway which has at
    least 4 lanes of traffic and of which the roadways for
    traffic moving in opposite directions are separated by a
    strip of ground which is not surfaced or suitable for
    vehicular traffic, except that the maximum speed limit for
    a bus on all highways, roads, or streets not under the
    jurisdiction of the Department or the Illinois State Toll
    Highway Authority is 55 miles per hour; and
        1.5. 70 miles per hour upon any interstate highway as
    defined by Section 1-133.1 of this Code outside the
    counties of Cook, DuPage, Kane, Lake, McHenry, and Will;
    and
        2. 55 miles per hour on any other highway.
    (g) (Blank).
(Source: P.A. 96-524, eff. 1-1-10; 97-202, eff. 1-1-12.)
 
    (625 ILCS 5/11-601.5)
    Sec. 11-601.5. Driving 26 31 miles per hour or more in
excess of applicable limit.
    (a) A person who drives a vehicle upon any highway of this
State at a speed that is 26 31 miles per hour or more but less
than 35 40 miles per hour in excess of the applicable maximum
speed limit established under this Chapter or a local ordinance
commits a Class B misdemeanor.
    (b) A person who drives a vehicle upon any highway of this
State at a speed that is 35 40 miles per hour or more in excess
of the applicable maximum speed limit established under this
Chapter or a local ordinance commits a Class A misdemeanor.
(Source: P.A. 96-1002, eff. 1-1-11; 96-1507, eff. 1-27-11.)
 
    (625 ILCS 5/11-602)  (from Ch. 95 1/2, par. 11-602)
    Sec. 11-602. Alteration of limits by Department. Whenever
the Department determines, upon the basis of an engineering and
traffic investigation concerning any highway for which the
Department has maintenance responsibility, 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 intersection or other place on
such highway or along any part or zone thereof, the Department
shall determine and declare a reasonable and safe absolute
maximum speed limit applicable to such intersection or place,
or along such part or zone. However, such limit shall conform
with the maximum speed limit restrictions provided for in
Section 11-601 of this Code not exceed 65 miles per hour on a
highway or street which is especially designed for through
traffic and to, from, or over which owners of or persons having
an interest in abutting property or other persons have no right
or easement, or only a limited right or easement, of access,
crossing, light, air, or view, and shall not exceed 55 miles
per hour on any other highway. Where a highway under the
Department's jurisdiction is contiguous to school property,
the Department may, at the school district's request, set a
reduced maximum speed limit for student safety purposes in the
portion of the highway that faces the school property and in
the portions of the highway that extend one-quarter mile in
each direction from the opposite ends of the school property. A
limit determined and declared as provided in this Section
becomes effective, and suspends the applicability of the limit
prescribed in Section 11-601 of this Chapter, when appropriate
signs giving notice of the limit are erected at such
intersection or other place, or along such part or 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 hereof, 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. 96-524, eff. 1-1-10.)
 
    (625 ILCS 5/11-603)  (from Ch. 95 1/2, par. 11-603)
    Sec. 11-603. Alteration of limits by Toll Highway
Authority. Whenever the Illinois State Toll Highway Authority
determines, upon the basis of an engineering and traffic
investigation concerning a toll highway under its
jurisdiction, 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 conditions found to exist at any place or
along any part or zone of such highway, the Authority shall
determine and declare by regulation a reasonable and safe
absolute maximum speed limit at such place or along such part
or zone, and the speed limit shall conform with the maximum
speed limit restrictions provided for in Section 11-601 of this
Code not exceeding 65 miles per hour. A limit so determined and
declared becomes effective, and suspends the application of the
limit prescribed in Section 11-601 of this Chapter, when (a)
the Department concurs in writing with the Authority's
regulation, and (b) appropriate signs giving notice of the
limit are erected at such place or along such part or 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 hereof, evidence obtained
thereby shall be inadmissible in any prosecution for speeding.
(Source: P.A. 89-444, eff. 1-25-96.)

Effective Date: 1/1/2014