Sen. John G. Mulroe

Filed: 3/19/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 927

2    AMENDMENT NO. ______. Amend Senate Bill 927 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 12-215 as follows:
 
6    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
7    Sec. 12-215. Oscillating, rotating or flashing lights on
8motor vehicles. Except as otherwise provided in this Code:
9    (a) The use of red or white oscillating, rotating or
10flashing lights, whether lighted or unlighted, is prohibited
11except on:
12        1. Law enforcement vehicles of State, Federal or local
13    authorities;
14        2. A vehicle operated by a police officer or county
15    coroner and designated or authorized by local authorities,
16    in writing, as a law enforcement vehicle; however, such

 

 

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1    designation or authorization must be carried in the
2    vehicle;
3        2.1. A vehicle operated by a fire chief who has
4    completed an emergency vehicle operation training course
5    approved by the Office of the State Fire Marshal and
6    designated or authorized by local authorities, in writing,
7    as a fire department, fire protection district, or township
8    fire department vehicle; however, the designation or
9    authorization must be carried in the vehicle, and the
10    lights may be visible or activated only when responding to
11    a bona fide emergency;
12        3. Vehicles of local fire departments and State or
13    federal firefighting vehicles;
14        4. Vehicles which are designed and used exclusively as
15    ambulances or rescue vehicles; furthermore, such lights
16    shall not be lighted except when responding to an emergency
17    call for and while actually conveying the sick or injured;
18        5. Tow trucks licensed in a state that requires such
19    lights; furthermore, such lights shall not be lighted on
20    any such tow truck while the tow truck is operating in the
21    State of Illinois;
22        6. Vehicles of the Illinois Emergency Management
23    Agency, vehicles of the Office of the Illinois State Fire
24    Marshal, vehicles of the Illinois Department of Public
25    Health, vehicles of the Illinois Department of
26    Corrections, and vehicles of the Illinois Department of

 

 

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1    Juvenile Justice;
2        7. Vehicles operated by a local or county emergency
3    management services agency as defined in the Illinois
4    Emergency Management Agency Act;
5        8. School buses operating alternately flashing head
6    lamps as permitted under Section 12-805 of this Code;
7        9. Vehicles that are equipped and used exclusively as
8    organ transplant vehicles when used in combination with
9    blue oscillating, rotating, or flashing lights;
10    furthermore, these lights shall be lighted only when the
11    transportation is declared an emergency by a member of the
12    transplant team or a representative of the organ
13    procurement organization; and
14        10. Vehicles of the Illinois Department of Natural
15    Resources that are used for mine rescue and explosives
16    emergency response; .
17        11. Vehicles of the Illinois Department of
18    Transportation identified as Emergency Traffic Patrol; the
19    . The lights shall not be lighted except when responding to
20    an emergency call or when parked or stationary while
21    engaged in motor vehicle assistance or at the scene of the
22    emergency; and .
23        12. Vehicles of the Illinois State Toll Highway
24    Authority designated to perform highway maintenance or
25    other duties as assigned on the highway.
26    (b) The use of amber oscillating, rotating or flashing

 

 

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1lights, whether lighted or unlighted, is prohibited except on:
2        1. Second division vehicles designed and used for
3    towing or hoisting vehicles; furthermore, such lights
4    shall not be lighted except as required in this paragraph
5    1; such lights shall be lighted when such vehicles are
6    actually being used at the scene of an accident or
7    disablement; if the towing vehicle is equipped with a flat
8    bed that supports all wheels of the vehicle being
9    transported, the lights shall not be lighted while the
10    vehicle is engaged in towing on a highway; if the towing
11    vehicle is not equipped with a flat bed that supports all
12    wheels of a vehicle being transported, the lights shall be
13    lighted while the towing vehicle is engaged in towing on a
14    highway during all times when the use of headlights is
15    required under Section 12-201 of this Code; in addition,
16    these vehicles may use white oscillating, rotating, or
17    flashing lights in combination with amber oscillating,
18    rotating, or flashing lights as provided in this paragraph;
19        2. Motor vehicles or equipment of the State of
20    Illinois, local authorities and contractors; furthermore,
21    such lights shall not be lighted except while such vehicles
22    are engaged in maintenance or construction operations
23    within the limits of construction projects;
24        3. Vehicles or equipment used by engineering or survey
25    crews; furthermore, such lights shall not be lighted except
26    while such vehicles are actually engaged in work on a

 

 

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1    highway;
2        4. Vehicles of public utilities, municipalities, or
3    other construction, maintenance or automotive service
4    vehicles except that such lights shall be lighted only as a
5    means for indicating the presence of a vehicular traffic
6    hazard requiring unusual care in approaching, overtaking
7    or passing while such vehicles are engaged in maintenance,
8    service or construction on a highway;
9        5. Oversized vehicle or load; however, such lights
10    shall only be lighted when moving under permit issued by
11    the Department under Section 15-301 of this Code;
12        6. The front and rear of motorized equipment owned and
13    operated by the State of Illinois or any political
14    subdivision thereof, which is designed and used for removal
15    of snow and ice from highways;
16        6.1. (6.1) The front and rear of motorized equipment or
17    vehicles that (i) are not owned by the State of Illinois or
18    any political subdivision of the State, (ii) are designed
19    and used for removal of snow and ice from highways and
20    parking lots, and (iii) are equipped with a snow plow that
21    is 12 feet in width; these lights may not be lighted except
22    when the motorized equipment or vehicle is actually being
23    used for those purposes on behalf of a unit of government;
24        7. Fleet safety vehicles registered in another state,
25    furthermore, such lights shall not be lighted except as
26    provided for in Section 12-212 of this Code;

 

 

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1        8. Such other vehicles as may be authorized by local
2    authorities;
3        9. Law enforcement vehicles of State or local
4    authorities when used in combination with red oscillating,
5    rotating or flashing lights;
6        9.5. Propane delivery trucks;
7        10. Vehicles used for collecting or delivering mail for
8    the United States Postal Service provided that such lights
9    shall not be lighted except when such vehicles are actually
10    being used for such purposes;
11        10.5. Vehicles of the Office of the Illinois State Fire
12    Marshal, provided that such lights shall not be lighted
13    except for when such vehicles are engaged in work for the
14    Office of the Illinois State Fire Marshal;
15        11. Any vehicle displaying a slow-moving vehicle
16    emblem as provided in Section 12-205.1;
17        12. All trucks equipped with self-compactors or
18    roll-off hoists and roll-on containers for garbage or
19    refuse hauling. Such lights shall not be lighted except
20    when such vehicles are actually being used for such
21    purposes;
22        13. Vehicles used by a security company, alarm
23    responder, control agency, or the Illinois Department of
24    Corrections;
25        14. Security vehicles of the Department of Human
26    Services; however, the lights shall not be lighted except

 

 

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1    when being used for security related purposes under the
2    direction of the superintendent of the facility where the
3    vehicle is located; and
4        15. Vehicles of union representatives, except that the
5    lights shall be lighted only while the vehicle is within
6    the limits of a construction project; and .
7        16. Vehicles of the Illinois State Toll Highway
8    Authority designated to perform highway maintenance or
9    other duties as assigned on the highway.
10    (c) The use of blue oscillating, rotating or flashing
11lights, whether lighted or unlighted, is prohibited except on:
12        1. Rescue squad vehicles not owned by a fire department
13    and vehicles owned or operated by a:
14            voluntary firefighter;
15            paid firefighter;
16            part-paid firefighter;
17            call firefighter;
18            member of the board of trustees of a fire
19        protection district;
20            paid or unpaid member of a rescue squad;
21            paid or unpaid member of a voluntary ambulance
22        unit; or
23            paid or unpaid members of a local or county
24        emergency management services agency as defined in the
25        Illinois Emergency Management Agency Act, designated
26        or authorized by local authorities, in writing, and

 

 

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1        carrying that designation or authorization in the
2        vehicle.
3        However, such lights are not to be lighted except when
4    responding to a bona fide emergency or when parked or
5    stationary at the scene of a fire, rescue call, ambulance
6    call, or motor vehicle accident.
7        Any person using these lights in accordance with this
8    subdivision (c)1 must carry on his or her person an
9    identification card or letter identifying the bona fide
10    member of a fire department, fire protection district,
11    rescue squad, ambulance unit, or emergency management
12    services agency that owns or operates that vehicle. The
13    card or letter must include:
14            (A) the name of the fire department, fire
15        protection district, rescue squad, ambulance unit, or
16        emergency management services agency;
17            (B) the member's position within the fire
18        department, fire protection district, rescue squad,
19        ambulance unit, or emergency management services
20        agency;
21            (C) the member's term of service; and
22            (D) the name of a person within the fire
23        department, fire protection district, rescue squad,
24        ambulance unit, or emergency management services
25        agency to contact to verify the information provided.
26        2. Police department vehicles in cities having a

 

 

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1    population of 500,000 or more inhabitants.
2        3. Law enforcement vehicles of State or local
3    authorities when used in combination with red oscillating,
4    rotating or flashing lights.
5        4. Vehicles of local fire departments and State or
6    federal firefighting vehicles when used in combination
7    with red oscillating, rotating or flashing lights.
8        5. Vehicles which are designed and used exclusively as
9    ambulances or rescue vehicles when used in combination with
10    red oscillating, rotating or flashing lights; furthermore,
11    such lights shall not be lighted except when responding to
12    an emergency call.
13        6. Vehicles that are equipped and used exclusively as
14    organ transport vehicles when used in combination with red
15    oscillating, rotating, or flashing lights; furthermore,
16    these lights shall only be lighted when the transportation
17    is declared an emergency by a member of the transplant team
18    or a representative of the organ procurement organization.
19        7. Vehicles of the Illinois Emergency Management
20    Agency, vehicles of the Office of the Illinois State Fire
21    Marshal, vehicles of the Illinois Department of Public
22    Health, vehicles of the Illinois Department of
23    Corrections, and vehicles of the Illinois Department of
24    Juvenile Justice, when used in combination with red
25    oscillating, rotating, or flashing lights.
26        8. Vehicles operated by a local or county emergency

 

 

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1    management services agency as defined in the Illinois
2    Emergency Management Agency Act, when used in combination
3    with red oscillating, rotating, or flashing lights.
4        9. Vehicles of the Illinois Department of Natural
5    Resources that are used for mine rescue and explosives
6    emergency response, when used in combination with red
7    oscillating, rotating, or flashing lights.
8    (c-1) In addition to the blue oscillating, rotating, or
9flashing lights permitted under subsection (c), and
10notwithstanding subsection (a), a vehicle operated by a
11voluntary firefighter, a voluntary member of a rescue squad, or
12a member of a voluntary ambulance unit may be equipped with
13flashing white headlights and blue grill lights, which may be
14used only in responding to an emergency call or when parked or
15stationary at the scene of a fire, rescue call, ambulance call,
16or motor vehicle accident.
17    (c-2) In addition to the blue oscillating, rotating, or
18flashing lights permitted under subsection (c), and
19notwithstanding subsection (a), a vehicle operated by a paid or
20unpaid member of a local or county emergency management
21services agency as defined in the Illinois Emergency Management
22Agency Act, may be equipped with white oscillating, rotating,
23or flashing lights to be used in combination with blue
24oscillating, rotating, or flashing lights, if authorization by
25local authorities is in writing and carried in the vehicle.
26    (d) The use of a combination of amber and white

 

 

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1oscillating, rotating or flashing lights, whether lighted or
2unlighted, is prohibited except on second division vehicles
3designed and used for towing or hoisting vehicles or motor
4vehicles or equipment of the State of Illinois, local
5authorities, contractors, and union representatives;
6furthermore, such lights shall not be lighted on second
7division vehicles designed and used for towing or hoisting
8vehicles or vehicles of the State of Illinois, local
9authorities, and contractors except while such vehicles are
10engaged in a tow operation, highway maintenance, or
11construction operations within the limits of highway
12construction projects, and shall not be lighted on the vehicles
13of union representatives except when those vehicles are within
14the limits of a construction project.
15    (e) All oscillating, rotating or flashing lights referred
16to in this Section shall be of sufficient intensity, when
17illuminated, to be visible at 500 feet in normal sunlight.
18    (f) Nothing in this Section shall prohibit a manufacturer
19of oscillating, rotating or flashing lights or his
20representative or authorized vendor from temporarily mounting
21such lights on a vehicle for demonstration purposes only. If
22the lights are not covered while the vehicle is operated upon a
23highway, the vehicle shall display signage indicating that the
24vehicle is out of service or not an emergency vehicle. The
25signage shall be displayed on all sides of the vehicle in
26letters at least 2 inches tall and one-half inch wide. A

 

 

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1vehicle authorized to have oscillating, rotating, or flashing
2lights mounted for demonstration purposes may not activate the
3lights while the vehicle is operated upon a highway.
4    (g) Any person violating the provisions of subsections (a),
5(b), (c) or (d) of this Section who without lawful authority
6stops or detains or attempts to stop or detain another person
7shall be guilty of a Class 2 felony.
8    (h) Except as provided in subsection (g) above, any person
9violating the provisions of subsections (a) or (c) of this
10Section shall be guilty of a Class A misdemeanor.
11(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,
12eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;
1398-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised
1410-17-13.)".