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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 625 ILCS 5/Ch. 9
(625 ILCS 5/Ch. 9 heading)
CHAPTER 9.
OWNERS OF FOR RENT VEHICLES FOR-HIRE
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625 ILCS 5/9-101
(625 ILCS 5/9-101) (from Ch. 95 1/2, par. 9-101)
Sec. 9-101.
Owner of for-rent motor vehicle to give proof of financial
responsibility. For purposes of this Chapter, "for rent" means any transfer of
the possession of or right to possession of a motor vehicle to a user for a
valuable consideration for a period of less than one year, and "to lease" means
any transfer of the possession of or right to possession of a motor vehicle to
a user for a period of one year or more. It is unlawful for the owner of any
motor vehicle to engage in the business, or to hold himself out to the public
generally as being engaged in the business of renting out such motor vehicle to
be operated by the customer, unless the owner has given, and there is in full
force and effect and on file with the Secretary of State proof of financial
responsibility as hereinafter provided. The delivery of a vehicle owned by an
out of State person or business to a renter in this State shall constitute
engaging in the rental business in this State for purposes of this Section.
All owners of motor vehicles which are leased for a period of one year
or more are not required to provide proof of insurance as required under
this chapter, but instead must comply with Section 7-601 of this Code and
obtain vehicle insurance in amounts no less than the minimum amount set for
bodily injury or death and for destruction of property pursuant to Section
7-203 of this Code.
(Source: P.A. 86-880; 87-1220.)
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625 ILCS 5/9-102
(625 ILCS 5/9-102) (from Ch. 95 1/2, par. 9-102)
Sec. 9-102.
Alternate methods of giving proof of financial responsibility.
Proof of financial responsibility when required under Section 9-101 may
be given by the following methods. By filing with the Secretary of State:
1. A bond as provided in Section 9-103.
2. An insurance policy or other proof of insurance in a form to be
prescribed by the Secretary as provided in Section 9-105.
3. A certificate of self insurance issued by the Director.
(Source: P.A. 86-444.)
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625 ILCS 5/9-103
(625 ILCS 5/9-103) (from Ch. 95 1/2, par. 9-103)
Sec. 9-103.
Bond as proof - requirements.
A motor vehicle liability bond, conditioned that the owner of the motor
vehicle will pay any judgment within 30 days after it becomes final,
recovered against the customer and the owner of the motor vehicle or
against any person operating the motor vehicle with the customer's and the
owner's express or implied consent for damage to property other than to the
rented motor vehicle, or for an injury to, or for the death of any person
including an occupant of the rented motor vehicle, resulting from the
operation of the motor vehicle, provided, however, every such bond is in
the penal sum of $100,000.
The bond shall be executed by a solvent and responsible surety company
authorized to do business in the State of Illinois, or by one or more
personal sureties to be approved by the Secretary of State.
The personal sureties shall own real estate in the State of Illinois of
the aggregate value of $100,000, over and above all encumbrances, and each
of the personal sureties shall make an affidavit concerning the property
which he schedules for the purpose of qualifying as surety, stating the
location, legal description, market value, and the amount and nature of any
encumbrances.
(Source: P.A. 86-444.)
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625 ILCS 5/9-104
(625 ILCS 5/9-104) (from Ch. 95 1/2, par. 9-104)
Sec. 9-104.
Withdrawal of sureties-Notice.
Any surety may withdraw from the bond by serving ten days previous
notice in writing, either personally or by registered mail, upon the owner
of the motor vehicle, and upon the Secretary of State, whereupon it shall
be the duty of such owner to file another bond or insurance policy, in
accordance with the provisions of this Act. Upon the expiration of the ten
days, the Secretary of State shall mark the bond "Cancelled".
(Source: P.A. 76-1586.)
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625 ILCS 5/9-105
(625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
Sec. 9-105. Insurance policy as proof - requirements. A motor vehicle liability policy in a solvent and responsible company,
authorized to do business in the State of Illinois, providing that the
insurance carrier will pay any judgment within 30 days after it becomes
final, recovered against the customer or against any person operating the
motor vehicle with the customer's express or implied consent, for damage to
property other than to the rented motor vehicles, or for an injury to or
for the death of any person, including an occupant of the rented motor
vehicle, resulting from the operation of the motor vehicle shall serve as
proof of financial responsibility; provided
however, every such policy provides insurance insuring the operator of the
rented motor vehicle against liability upon such insured to a minimum
amount of $50,000 because of bodily injury to, or death of any
one person or damage to
property and $100,000 because of bodily
injury to or death of 2 or more persons in any one
motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/9-106
(625 ILCS 5/9-106) (from Ch. 95 1/2, par. 9-106)
Sec. 9-106.
Cancellation of policy - Notices.
The policy shall provide that the insurance carrier may cancel it by
serving 10 days' previous notice in writing, either personally or by
registered mail, upon the owner of the motor vehicle and upon the Secretary
of State. Whenever any such policy shall be so cancelled, the Secretary of
State shall mark same "Cancelled" and shall require such owner either to
furnish a bond or a new policy of insurance, in accordance with this Act.
All policies filed with the Secretary of State shall expire not sooner
than the 31st day of December as to vehicles registered on a calendar year
nor sooner than the 30th day of June as to vehicles registered on a fiscal
year.
(Source: P.A. 77-99.)
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625 ILCS 5/9-107
(625 ILCS 5/9-107) (from Ch. 95 1/2, par. 9-107)
Sec. 9-107.
Authority to require replacement of bond.
If, at any time, in the judgment of the Secretary of State, the
liability policy filed hereunder, is not sufficient for any good cause, he
may require the owner of such motor vehicle who filed the same to replace,
within fifteen (15) days from the date of notice given, said policy with
another good and sufficient liability policy or bond, in accordance with
the provisions of this Act. At the time of replacement or at the expiration
of the fifteen (15) day period, as the case may be, the Secretary of State
shall mark the policy "Cancelled."
Upon the cancellation of any liability policy hereunder the liabilities
on said policy shall thereupon cease as to any future damage or injury.
(Source: P.A. 76-1586.)
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625 ILCS 5/9-108
(625 ILCS 5/9-108) (from Ch. 95 1/2, par. 9-108)
Sec. 9-108.
Application for approval of insurance policy or bond required.
Every person desiring to engage in the business of renting out a motor
vehicle, to be operated by the customer, shall file with the Secretary of
State, an application for the approval of the Secretary of State of the
insurance policy or bond tendered under the provisions of this Act, by such
person, and if the Secretary of State shall determine that such insurance
policy or bond complies with the provisions of this Act, he shall accept
such insurance policy or bond, and shall thereupon issue to such applicant
a certificate setting forth the fact that the applicant has, in respect to
the vehicle described therein, complied with the provisions of this Act.
(Source: P.A. 76-1586.)
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625 ILCS 5/9-109
(625 ILCS 5/9-109) (from Ch. 95 1/2, par. 9-109)
Sec. 9-109. Secretary of State to cancel certificate and to suspend
license plates and registration stickers when bond or policy cancelled or
withdrawn.
(a) If any insurance policy or bond filed hereunder shall for any
reason become inoperative, the Secretary of State shall forthwith cancel
the certificate of compliance of the owner and it shall be unlawful for the
owner to rent out the motor vehicle, covered by said certificate, until a
policy or bond meeting the requirements of this Act is filed with the
Secretary of State and a certificate has been issued by him as provided by
Section 9-108.
(b) The Secretary of State shall also suspend the registration
certificate, license plates or digital license plates, and registration sticker or stickers or digital registration sticker or stickers of
the owner, with respect to the motor vehicle for which the insurance policy
or bond had been issued, and said registration certificates, license plates or digital license plates,
and registration sticker or stickers or digital registration sticker or stickers shall remain suspended and no
registration shall be permitted or renewed unless and until the owner of
said motor vehicle shall have complied with the provisions of this Act.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/9-110
(625 ILCS 5/9-110) (from Ch. 95 1/2, par. 9-110)
Sec. 9-110.
Penalties for violations of this Act.
Any person who fails to comply with the provisions of this Chapter, or
who fails to obey, observe or comply with any order of the Secretary of
State, in accordance with the provisions of this Chapter, is guilty of a
Class A misdemeanor.
(Source: P.A. 77-2720.)
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625 ILCS 5/Ch. 10
(625 ILCS 5/Ch. 10 heading)
CHAPTER 10.
CIVIL LIABILITY
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625 ILCS 5/Ch. 10 Art. I
(625 ILCS 5/Ch. 10 Art. I heading)
ARTICLE I.
LIABILITY OF COUNTIES,
MUNICIPALITIES AND OTHER
PUBLIC CORPORATIONS
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625 ILCS 5/10-101
(625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
Sec. 10-101.
Insurance.
(a) Any public entity or corporation may insure
against the liability imposed by law and may insure persons who are legally
entitled to recover damages from owners and operators of uninsured motor
vehicles and hit-and-run motor vehicles because of bodily injury, sickness
or disease including death incurred while using a motor vehicle of such
public entity or corporation with any insurance carrier duly authorized
to transact business in this State and the premium for such insurance shall
be a proper charge against the general fund or any applicable special fund
of such entity or corporation.
(b) Every employee of the State, who operates for purposes of State business
a vehicle not owned, leased or controlled by the State shall procure insurance
in the limit of the amounts of liability not less than the amounts required
in Section 7-203 of this Act. The State may provide such insurance for
the benefit of, and without cost to, such employees and may include such
coverage in a plan of self-insurance under Section 405-105 of the Department of
Central Management Services Law (20 ILCS
405/405-105). The State may also obtain uninsured or hit-and-run vehicle
coverage, as defined in Section 143a of the "Illinois Insurance Code".
Any public liability insurance furnished by the State under this Section
shall be under the policy or policies contracted for or under a self-insurance
plan implemented by the Department of Central Management Services
pursuant to Section 405-105 of the Department of Central
Management Services Law (20 ILCS 405/405-105),
the costs for procuring such insurance to be charged, collected and received
as provided in that Section 25-105.
(Source: P.A. 91-239, eff. 1-1-00.)
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625 ILCS 5/Ch. 10 Art. II
(625 ILCS 5/Ch. 10 Art. II heading)
ARTICLE II.
LIABILITY TO GUESTS
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625 ILCS 5/10-201
(625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
Sec. 10-201. Liability for bodily injury to or death of guest.
No person riding in or upon a motor vehicle or motorcycle as a guest
without payment for such ride and who has solicited such ride in violation
of Subsection (a) of Section 11-1006 of this Act, nor his personal
representative in the event of the death of such guest, shall have a cause
of action for damages against the driver or operator of such motor vehicle
or motorcycle, or its owner or his employee or agent for injury, death or
loss, in case of a crash, unless such crash has been caused by the
willful and wanton misconduct of the driver or operator of such motor
vehicle or motorcycle or its owner or his employee or agent and unless such
willful and wanton misconduct contributed to the injury, death or loss for
which the action is brought.
Nothing contained in this Section relieves a motor vehicle or motorcycle
carrier of passengers for hire of responsibility for injury or death
sustained by any passenger for hire.
This amendatory Act of 1971 shall apply only to causes of action arising
from crashes occurring after its effective date.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/10-202
(625 ILCS 5/10-202) (from Ch. 95 1/2, par. 10-202)
Sec. 10-202.
Liability of employer in regard to ridesharing.
(a) An employer
shall not be liable for injuries to passengers and other persons resulting
from the operation
or use of a passenger car or commuter van
in a ridesharing arrangement which is not owned, leased, contracted for
or driven by the employer, and for which the employer has not paid wages
to an employee for services rendered in driving the vehicle, provided, that
wages shall not
include a portion of the fares collected by the driver and shall not include
expenses for gasoline or passenger car or commuter van repairs.
(b) An employer shall not be liable for injuries to passengers and other
persons because he provides information, incentives or otherwise encourages
his employees to participate in ridesharing arrangements.
(Source: P.A. 83-1091.)
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625 ILCS 5/Ch. 10 Art. III
(625 ILCS 5/Ch. 10 Art. III heading)
ARTICLE III.
PROCESS ON NON-RESIDENT
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625 ILCS 5/10-301
(625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
Sec. 10-301.
Service of process on non-resident.
(a) The use and operation by any person or his duly authorized agent or
employee of a vehicle over or upon the highways of the State of Illinois,
shall be deemed an appointment by such person of the Secretary of State to
be his true and lawful attorney upon whom may be served all legal process
in any action or proceeding against him, growing out of such use or
resulting in damage or loss to person or property, and the use or
operation shall be signification of his agreement that such process
against him which is so served, shall be of the same legal force and
validity as though served upon him personally if such person is a
non-resident of this State or at the time a cause of action arises is a
resident of this State but subsequently becomes a non-resident of this
State, or in the event the vehicle is owned by a non-resident and is being
operated over and upon the highways of this State with the owner's express
or implied permission.
(b) Service of such process shall be made by serving a copy upon the
Secretary of State or any employee in his office designated by him to
accept such service for him, or by filing such copy in his office, together
with an affidavit of compliance from the plaintiff instituting the
action, suit, or proceeding, which states that this Section is applicable
to the proceeding and that the plaintiff has complied with the requirements
of this Section, and a fee of $5 and such service shall be sufficient service
upon the
person, if notice of such service and a copy of the process are, within 10
days thereafter, sent by registered mail by the plaintiff to the defendant,
at the last known address of the defendant, and the plaintiff's
affidavit of compliance herewith is appended to the summons.
(c) The court in which the action is pending may order such continuances
as may be necessary to afford the defendant reasonable opportunity to
defend the action. The fee of $5 paid by the plaintiff to the Secretary of
State at the time of the service shall be taxed as his cost, if he prevails
in the action.
(d) The Secretary of State shall keep a record of all such processes,
which shall show the day and hour of such service.
(e) When a final judgment is entered against any non-resident defendant
who has not received notice and a copy of the
process by registered
mail, required to be sent to him as above provided, and such person, his
heirs, legatees, executor, administrator or other legal
representatives, as
the case may require, shall within one year after the written notice
given to him of such judgment, or within 5 years after such judgment, if no
such notice has been given, as stated above, appear and petition the court
to be heard regarding such judgment, and
shall pay such costs
as the court may deem reasonable in that behalf, the person so petitioning the court
may appear and answer the plaintiff's allegations, and thereupon such
proceeding shall be had as if the defendant had appeared
in due time and
no judgment had been entered. If it appears upon
the hearing that such
judgment ought not to have been entered against the defendant, the
judgment may
be set aside, altered or amended as shall appear just; otherwise, it shall
be ordered that the judgment stands confirmed against
the defendant. The judgment shall,
after 5 years from the entry thereof, if not set aside in the manner
stated above, be deemed and adjudged confirmed against
such defendant, and all
persons claiming under him by virtue of any act done subsequent to the
commencement of such action, and at the end of the 5 years, the court
may enter such further orders as
shall be required for the enforcement of the judgment.
(f) Any person instituting any action, suit, or proceeding who uses
this Section to effect service of process shall be liable for the
attorney's fees and costs of the defendant if the court finds that the
person instituting the action knew or should have known that this Section
is not applicable for effecting service in such action.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/Ch. 11
(625 ILCS 5/Ch. 11 heading)
CHAPTER 11.
RULES OF THE ROAD
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625 ILCS 5/Ch. 11 Art. I
(625 ILCS 5/Ch. 11 Art. I heading)
ARTICLE I.
SPECIAL DEFINITIONS
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625 ILCS 5/11-100
(625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
Sec. 11-100.
Definition of Administrator.
For the purposes of this Chapter,
"Administrator" means the Administrator of the Illinois Safety
and Family
Financial Responsibility Law in Chapter 7 of this Code.
(Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
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625 ILCS 5/Ch. 11 Art. II
(625 ILCS 5/Ch. 11 Art. II heading)
ARTICLE II.
OBEDIENCE TO AND EFFECT
OF TRAFFIC LAWS
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625 ILCS 5/11-201
(625 ILCS 5/11-201) (from Ch. 95 1/2, par. 11-201)
Sec. 11-201.
Provisions of act refer to vehicles upon the highways-Exceptions.
The provisions of this Chapter relating to the operation of vehicles
refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given
section.
2. The provisions of Articles IV and V of this Chapter shall apply upon
highways and elsewhere throughout the State.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-202
(625 ILCS 5/11-202) (from Ch. 95 1/2, par. 11-202)
Sec. 11-202.
Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this Chapter with
respect to particular offenses, it is a petty offense for any
person to do any act forbidden or fail to perform any act required in
this Chapter.
(Source: P.A. 80-911 .)
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625 ILCS 5/11-203
(625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
Sec. 11-203. Obedience to police officers. No person shall wilfully fail or refuse to comply with any lawful order
or direction of any police officer, fireman, person authorized by a local authority to direct traffic, or school
crossing guard invested by law with authority to
direct, control, or regulate traffic.
Any person convicted of violating this Section
is guilty
of a petty offense and shall be subject to a mandatory fine of $150.
(Source: P.A. 98-396, eff. 1-1-14.)
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625 ILCS 5/11-204
(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204.
Fleeing or attempting to elude a peace officer.
(a) Any driver or operator of a motor vehicle who, having been given a
visual or audible signal by a peace officer directing such driver or
operator to bring his vehicle to a stop, wilfully fails or refuses to obey
such direction, increases his speed, extinguishes his lights, or otherwise
flees or attempts to elude the officer, is guilty of a Class A
misdemeanor.
The signal given by the peace officer may be by hand, voice, siren, red or
blue light. Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall display
illuminated oscillating, rotating or flashing red or blue lights which when
used in conjunction with an audible horn or siren would indicate the
vehicle to be an official police vehicle.
Such requirement shall not preclude the use of amber or white
oscillating, rotating or flashing lights in conjunction with red or blue
oscillating, rotating or flashing lights as required in Section 12-215 of
Chapter 12.
(b) Upon receiving notice of such conviction the Secretary of State
shall suspend the drivers license of the person so convicted for a
period of not more than 6 months for a first conviction and not more than 12
months for a second conviction.
(c) A third or subsequent violation of this Section
is a Class 4 felony.
(Source: P.A. 93-120, eff. 1-1-04.)
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625 ILCS 5/11-204.1
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting
to elude a peace
officer. (a) The offense of aggravated fleeing or attempting to elude a peace officer
is committed by any driver or operator of a motor vehicle who flees or attempts
to elude a peace officer, after being given a visual or audible
signal
by a peace officer in the manner prescribed in subsection (a) of
Section
11-204 of this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour | | over the legal speed limit;
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(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official
| | traffic control devices; or
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(5) involves the concealing or altering of the
| | vehicle's registration plate or digital registration plate.
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| (b) Any person convicted of a first violation of this Section shall be
guilty of a Class 4 felony. Upon notice of such a conviction the Secretary
of State shall forthwith revoke the driver's license of the person so
convicted, as provided in Section 6-205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall be guilty of a Class
3
felony,
and upon notice of such a conviction the Secretary of State shall forthwith
revoke the driver's license of the person convicted, as provided in Section
6-205 of the Code.
(c) The motor vehicle used in a violation of this Section is subject to
seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal
Code of 2012.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/11-205
(625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
Sec. 11-205.
Public officers and employees to obey Act-Exceptions.
(a) The provisions of this Chapter applicable to the drivers of vehicles
upon the highways shall apply to the drivers of all vehicles owned or
operated by the United States, this State or any county, city, town,
district or any other political subdivision of the State, except as
provided in this Section and subject to such specific exceptions as set
forth in this Chapter with reference to authorized emergency vehicles.
(b) The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of
the law or when responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this Section, but subject to the
conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of | |
2. Proceed past a red or stop signal or stop sign,
| | but only after slowing down as may be required and necessary for safe operation;
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3. Exceed the maximum speed limits so long as he does
| | not endanger life or property;
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4. Disregard regulations governing direction of
| | movement or turning in specified directions.
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(d) The
exceptions herein granted to an authorized emergency vehicle,
other than a police vehicle, shall apply only when the vehicle is making
use of either an audible signal when in motion or visual signals meeting
the requirements of Section 12-215 of this Act.
(e) The foregoing provisions do not relieve the driver of an authorized
emergency vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the
consequences of his reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions
of this Chapter, except those contained in
Section 11-204 and Articles IV and V of this Chapter, shall not
apply to persons, motor vehicles and equipment while
actually engaged in work upon a highway but shall
apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97 .)
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625 ILCS 5/11-206
(625 ILCS 5/11-206) (from Ch. 95 1/2, par. 11-206)
Sec. 11-206.
Traffic laws apply to persons riding
animals or driving animal-drawn vehicles.
Every person riding an animal or driving any animal-drawn
vehicle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable
to the driver of a vehicle by this chapter, except those
provisions of this chapter which by their very nature can
have no application.
(Source: P.A. 79-858.)
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625 ILCS 5/11-207
(625 ILCS 5/11-207) (from Ch. 95 1/2, par. 11-207)
Sec. 11-207.
Provisions of this Chapter uniform throughout
State. The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and municipalities
therein, and no local authority shall enact or enforce any ordinance rule
or regulation in conflict with the provisions of this Chapter unless
expressly authorized herein. Local authorities may, however, adopt
additional traffic regulations which are not in conflict with the
provisions of this Chapter, but such regulations shall not be effective
until signs giving reasonable notice thereof are posted.
(Source: P.A. 92-651, eff. 7-11-02.)
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625 ILCS 5/11-208
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles, | | except as limited by Sections 11-1306 and 11-1307 of this Act;
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2. Regulating traffic by means of police officers or
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3. Regulating or prohibiting processions or
| | assemblages on the highways; and certifying persons to control traffic for processions or assemblages;
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4. Designating particular highways as one-way
| | highways and requiring that all vehicles thereon be moved in one specific direction;
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5. Regulating the speed of vehicles in public parks
| | subject to the limitations set forth in Section 11-604;
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6. Designating any highway as a through highway, as
| | authorized in Section 11-302, and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right-of-way intersection and requiring all vehicles to stop or yield the right-of-way at one or more entrances to such intersections;
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7. Restricting the use of highways as authorized in
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8. Regulating the operation of mobile carrying
| | devices, bicycles, low-speed electric bicycles, and low-speed gas bicycles, and requiring the registration and licensing of same, including the requirement of a registration fee;
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9. Regulating or prohibiting the turning of vehicles
| | or specified types of vehicles at intersections;
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10. Altering the speed limits as authorized in
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11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
| | designated and marked crosswalks or at intersections;
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13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
| | 11-1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1-159.1, or veterans with disabilities by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 or a special decal or device as defined in Section 11-1301.2 as evidence that the vehicle is operated by or for a person with disabilities or a veteran with a disability;
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15. Adopting such other traffic regulations as are
| | specifically authorized by this Code; or
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16. Enforcing the provisions of subsection (f) of
| | Section 3-413 of this Code or a similar local ordinance.
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(b) No ordinance or regulation enacted under paragraph 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective until signs giving
reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle upon
the roadways of such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent local
authorities within the reasonable exercise of their police power from
prohibiting, on private property, the unauthorized use of parking spaces
reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may enact or
enforce an ordinance that applies only to motorcycles if the principal purpose
for that ordinance is to restrict the access of motorcycles to any highway or
portion of a highway for which federal or State funds have been used for the
planning, design, construction, or maintenance of that highway. No unit of
local government, including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this subsection
(e) shall affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with Section 12-602
of this Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This subsection
(e) is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive. Twelve months after the installation of the noise monitoring system, and any time after the first report as the City deems necessary, the City of Chicago shall prepare a noise monitoring report with the data collected from the system and shall, upon request, make the report available to the public. For purposes of this subsection (e-5), "noise monitoring system" means an automated noise monitor capable of recording noise levels 24 hours per day and 365 days per year with computer equipment sufficient to process the data.
(e-10) A unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of Automated Driving System equipped vehicles on its roadways. Nothing in this subsection (e-10) shall affect the authority of a unit of local government to regulate Automated Driving System equipped vehicles for traffic control purposes. No unit of local government, including a home rule unit, may regulate Automated Driving System equipped vehicles in a manner inconsistent with this Code. For purposes of this subsection (e-10), "Automated Driving System equipped vehicle" means any vehicle equipped with an Automated Driving System of hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational domain. This subsection (e-10) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(g) A municipality or county, as provided in Section 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact an ordinance providing for an
automated speed enforcement system to enforce violations of Article VI of Chapter 11 of this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of Section 11-1414 of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. 7-26-19.)
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625 ILCS 5/11-208.1
(625 ILCS 5/11-208.1) (from Ch. 95 1/2, par. 11-208.1)
Sec. 11-208.1.
Uniformity.
The provisions of this Chapter of this Act, as amended, and the rules
and regulations promulgated thereunder by any State Officer, Office,
Agency, Department or Commission, shall be applicable and uniformly applied
and enforced throughout this State, in all other political subdivisions and
in all units of local government.
(Source: P.A. 77-706.)
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625 ILCS 5/11-208.2
(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
Sec. 11-208.2.
Limitation on home rule units.
The provisions of this Chapter of this Act limit the authority of home
rule units to adopt local police regulations inconsistent herewith except
pursuant to Sections 11-208, 11-209, 11-1005.1, 11-1412.1, and
11-1412.2 of this Chapter of this Act.
(Source: P.A. 92-868, eff. 6-1-03.)
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625 ILCS 5/11-208.3
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations of traffic
regulations concerning the standing, parking, or condition of
vehicles, automated traffic law violations, and automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations and
vehicle compliance violations as described in this subsection, automated traffic law violations as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed enforcement system violations as defined in Section 11-208.8.
The administrative system shall have as its purpose the fair and
efficient enforcement of municipal or county regulations through the
administrative adjudication of automated speed enforcement system or automated traffic law violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal or county wheel tax licenses within the
municipality's
or county's borders. The administrative system shall only have authority to adjudicate
civil offenses carrying fines not in excess of $500 or requiring the completion of a traffic education program, or both, that occur after the
effective date of the ordinance adopting such a system under this Section.
For purposes of this Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use of equipment on a vehicle
or governing the display of a municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative adjudication
under this Section shall provide for:
(1) A traffic compliance administrator authorized to | | adopt, distribute, and process parking, compliance, and automated speed enforcement system or automated traffic law violation notices and other notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances and automated speed enforcement system or automated traffic law violations, and operate an administrative adjudication system.
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(2) A parking, standing, compliance, automated speed
| | enforcement system, or automated traffic law violation notice that shall specify or include the date, time, and place of violation of a parking, standing, compliance, automated speed enforcement system, or automated traffic law regulation; the particular regulation violated; any requirement to complete a traffic education program; the fine and any penalty that may be assessed for late payment or failure to complete a required traffic education program, or both, when so provided by ordinance; the vehicle make or a photograph of the vehicle; the state registration number of the vehicle; and the identification number of the person issuing the notice. With regard to automated speed enforcement system or automated traffic law violations, vehicle make shall be specified on the automated speed enforcement system or automated traffic law violation notice if the notice does not include a photograph of the vehicle and the make is available and readily discernible. With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make specified is incorrect. The violation notice shall state that the completion of any required traffic education program, the payment of any indicated fine, and the payment of any applicable penalty for late payment or failure to complete a required traffic education program, or both, shall operate as a final disposition of the violation. The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The violation notice shall specify the time and manner in which a hearing may be had.
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(3) Service of a parking, standing, or compliance
| | violation notice by: (i) affixing the original or a facsimile of the notice to an unlawfully parked or standing vehicle; (ii) handing the notice to the operator of a vehicle if he or she is present; or (iii) mailing the notice to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the date of the violation, except that in the case of a lessee of a motor vehicle, service of a parking, standing, or compliance violation notice may occur no later than 210 days after the violation; and service of an automated speed enforcement system or automated traffic law violation notice by mail to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after the violation. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control. In the case of an automated traffic law violation, the ordinance shall require a determination by a technician employed or contracted by the municipality or county that, based on inspection of recorded images, the motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle, a citation shall not be issued. In municipalities with a population of less than 1,000,000 inhabitants and counties with a population of less than 3,000,000 inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation. In municipalities with a population of 1,000,000 or more inhabitants and counties with a population of 3,000,000 or more inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation or by an additional fully trained reviewing technician who is not employed by the contractor who employs the technician who made the initial determination. In the case of an automated speed enforcement system violation, the ordinance shall require a determination by a technician employed by the municipality, based upon an inspection of recorded images, video or other documentation, including documentation of the speed limit and automated speed enforcement signage, and documentation of the inspection, calibration, and certification of the speed equipment, that the vehicle was being operated in violation of Article VI of Chapter 11 of this Code or a similar local ordinance. If the technician determines that the vehicle speed was not determined by a calibrated, certified speed equipment device based upon the speed equipment documentation, or if the vehicle was an emergency vehicle, a citation may not be issued. The automated speed enforcement ordinance shall require that all determinations by a technician that a violation occurred be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality issuing the violation or by an additional fully trained reviewing technician who is not employed by the contractor who employs the technician who made the initial determination. Routine and independent calibration of the speeds produced by automated speed enforcement systems and equipment shall be conducted annually by a qualified technician. Speeds produced by an automated speed enforcement system shall be compared with speeds produced by lidar or other independent equipment. Radar or lidar equipment shall undergo an internal validation test no less frequently than once each week. Qualified technicians shall test loop-based equipment no less frequently than once a year. Radar equipment shall be checked for accuracy by a qualified technician when the unit is serviced, when unusual or suspect readings persist, or when deemed necessary by a reviewing technician. Radar equipment shall be checked with the internal frequency generator and the internal circuit test whenever the radar is turned on. Technicians must be alert for any unusual or suspect readings, and if unusual or suspect readings of a radar unit persist, that unit shall immediately be removed from service and not returned to service until it has been checked by a qualified technician and determined to be functioning properly. Documentation of the annual calibration results, including the equipment tested, test date, technician performing the test, and test results, shall be maintained and available for use in the determination of an automated speed enforcement system violation and issuance of a citation. The technician performing the calibration and testing of the automated speed enforcement equipment shall be trained and certified in the use of equipment for speed enforcement purposes. Training on the speed enforcement equipment may be conducted by law enforcement, civilian, or manufacturer's personnel and if applicable may be equivalent to the equipment use and operations training included in the Speed Measuring Device Operator Program developed by the National Highway Traffic Safety Administration (NHTSA). The vendor or technician who performs the work shall keep accurate records on each piece of equipment the technician calibrates and tests. As used in this paragraph, "fully trained reviewing technician" means a person who has received at least 40 hours of supervised training in subjects which shall include image inspection and interpretation, the elements necessary to prove a violation, license plate identification, and traffic safety and management. In all municipalities and counties, the automated speed enforcement system or automated traffic law ordinance shall require that no additional fee shall be charged to the alleged violator for exercising his or her right to an administrative hearing, and persons shall be given at least 25 days following an administrative hearing to pay any civil penalty imposed by a finding that Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar local ordinance has been violated. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business. A parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice issued, signed, and served in accordance with this Section, a copy of the notice, or the computer-generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer-generated record shall be admissible in any subsequent administrative or legal proceedings.
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(4) An opportunity for a hearing for the registered
| | owner of the vehicle cited in the parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under Section 11-1306 of this Code the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this Section may be represented by counsel at their expense. The ordinance may also provide for internal administrative review following the decision of the hearing officer.
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(5) Service of additional notices, sent by first
| | class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under Section 11-1306 or subsection (p) of Section 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include, but not be limited to, the information specified herein:
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(i) A second notice of parking, standing, or
| | compliance violation if the first notice of the violation was issued by affixing the original or a facsimile of the notice to the unlawfully parked vehicle or by handing the notice to the operator. This notice shall specify or include the date and location of the violation cited in the parking, standing, or compliance violation notice, the particular regulation violated, the vehicle make or a photograph of the vehicle, the state registration number of the vehicle, any requirement to complete a traffic education program, the fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had. The notice of violation shall also state that failure to complete a required traffic education program, to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the municipality or county.
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(ii) A notice of final determination of parking,
| | standing, compliance, automated speed enforcement system, or automated traffic law violation liability. This notice shall be sent following a final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability and the conclusion of judicial review procedures taken under this Section. The notice shall state that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the municipality or county. The notice shall contain warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the municipality or county, or both, within the time specified may result in the municipality's or county's filing of a petition in the Circuit Court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment as provided by this Section, or, where applicable, may result in suspension of the person's driver's license for failure to complete a traffic education program.
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(6) A notice of impending driver's license
| | suspension. This notice shall be sent to the person liable for failure to complete a required traffic education program. The notice shall state that failure to complete a required traffic education program within 45 days of the notice's date will result in the municipality or county notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of this Code. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the municipality or county along with a request for the photostatic copy. The notice of impending driver's license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
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(7) Final determinations of violation liability. A
| | final determination of violation liability shall occur following failure to complete the required traffic education program or to pay the fine or penalty, or both, after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: (A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for filing the petition without a filing having been made.
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(8) A petition to set aside a determination of
| | parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability that may be filed by a person owing an unpaid fine or penalty. A petition to set aside a determination of liability may also be filed by a person required to complete a traffic education program. The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance. The grounds for the petition may be limited to: (A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already completed the required traffic education program or paid the fine or penalty, or both, for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing. With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make, only if specified in the violation notice, is incorrect. After the determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation.
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(9) Procedures for non-residents. Procedures by which
| | persons who are not residents of the municipality or county may contest the merits of the alleged violation without attending a hearing.
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(10) A schedule of civil fines for violations of
| | vehicular standing, parking, compliance, automated speed enforcement system, or automated traffic law regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines or failure to complete required traffic education programs, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250, except as provided in subsection (c) of Section 11-1301.3 of this Code.
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(11) Other provisions as are necessary and proper to
| | carry into effect the powers granted and purposes stated in this Section.
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(b-5) An automated speed enforcement system or automated traffic law ordinance adopted under this Section by a municipality or county shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any vendor retained by the municipality or county. Any contract or agreement violating such a provision in the ordinance is null and void.
(c) Any municipality or county establishing vehicular standing, parking,
compliance, automated speed enforcement system, or automated traffic law
regulations under this Section may also provide by ordinance for a
program of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible vehicle upon the
public way by presence of a restraint in a manner to prevent operation of
the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
| | for immobilization. A vehicle shall be eligible for immobilization when the registered owner of the vehicle has accumulated the number of incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, as determined by ordinance.
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(2) A notice of impending vehicle immobilization and
| | a right to a hearing to challenge the validity of the notice by disproving liability for the incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, listed on the notice.
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(3) The right to a prompt hearing after a vehicle has
| | been immobilized or subsequently towed without the completion of the required traffic education program or payment of the outstanding fines and penalties on parking, standing, compliance, automated speed enforcement system, or automated traffic law violations, or both, for which final determinations have been issued. An order issued after the hearing is a final administrative decision within the meaning of Section 3-101 of the Code of Civil Procedure.
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(4) A post immobilization and post-towing notice
| | advising the registered owner of the vehicle of the right to a hearing to challenge the validity of the impoundment.
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(d) Judicial review of final determinations of parking, standing,
compliance, automated speed enforcement system, or automated traffic law
violations and final administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
under this Section shall be subject to the provisions of
the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education program, or part of any fine or any penalty remaining
unpaid after the exhaustion of, or the failure to exhaust, administrative
remedies created under this Section and the conclusion of any judicial
review procedures shall be a debt due and owing the municipality or county and, as
such, may be collected in accordance with applicable law. Completion of any required traffic education program and payment in full
of any fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated traffic law violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial review may
be sought for a final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law
violation, the municipality
or county may commence a proceeding in the Circuit Court for purposes of obtaining a
judgment on the final determination of violation. Nothing in this
Section shall prevent a municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violations against a
person in a proceeding.
Upon commencement of the action, the municipality or county shall file a certified
copy or record of the final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law
violation, which shall be
accompanied by a certification that recites facts sufficient to show that
the final determination of violation was
issued in accordance with this Section and the applicable municipal
or county ordinance. Service of the summons and a copy of the petition may be by
any method provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking, standing,
compliance, automated speed enforcement system, or automated traffic law violations does not
exceed $2500. If the court is satisfied that the final determination of
parking, standing, compliance, automated speed enforcement system, or automated traffic law violation was entered in accordance with
the requirements of
this Section and the applicable municipal or county ordinance, and that the registered
owner or the lessee, as the case may be, had an opportunity for an
administrative hearing and for judicial review as provided in this Section,
the court shall render judgment in favor of the municipality or county and against
the registered owner or the lessee for the amount indicated in the final
determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation, plus costs.
The judgment shall have
the same effect and may be enforced in the same manner as other judgments
for the recovery of money.
(g) The fee for participating in a traffic education program under this Section shall not exceed $25.
A low-income individual required to complete a traffic education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.
(h) Notwithstanding any other provision of law to the contrary, a person shall not be liable for violations, fees, fines, or penalties under this Section during the period in which the motor vehicle was stolen or hijacked, as indicated in a report to the appropriate law enforcement agency filed in a timely manner.
(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-208.4
(625 ILCS 5/11-208.4)
Sec. 11-208.4.
(Repealed).
(Source: Repealed by internal repealer, eff. 12-31-94.)
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625 ILCS 5/11-208.5 (625 ILCS 5/11-208.5)
Sec. 11-208.5. Prosecution of felony DUI by local authorities prohibited. (a) The powers of a local authority to enact or enforce any ordinance or rule with respect to the streets or highways under its jurisdiction relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is limited to the enactment and enforcement of ordinances or rules the violation of which would constitute a misdemeanor under Section 11-501 of the Illinois Vehicle Code. (b) A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under Section 11-501 of the Illinois Vehicle Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(c) A municipal attorney who is aware that, based on a driver's history, the driver is subject to prosecution for a felony under Section 11-501 of the Illinois Vehicle Code, must notify the State's Attorney of that county of the driver's conduct and may not prosecute the driver on behalf of the municipality.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.) |
625 ILCS 5/11-208.6 (625 ILCS 5/11-208.6) Sec. 11-208.6. Automated traffic law enforcement system. (a) As used in this Section, "automated traffic law enforcement system" means a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of Section 11-306 of this Code or a similar provision of a local ordinance. An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation. (b) As used in this Section, "recorded images" means images recorded by an automated traffic law enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
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(c) Except as provided under Section 11-208.8 of this Code, a county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. Except as provided under Section 11-208.8 of this Code, the regulation of the use of automated traffic law enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(c-5) A county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection, as defined by Section 1-132 of this Code, during the cycle of the red signal indication unless one or more pedestrians or bicyclists are present, even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop, as specified in subsection (c) of Section 11-306 of this Code or a similar provision of a local ordinance.
(c-6) A county, or a municipality with less than 2,000,000 inhabitants, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where a motorcyclist enters an intersection against a red signal indication when the red signal fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle due to the motorcycle's size or weight.
(d) For each violation of a provision of this Code or a local ordinance recorded by an automatic traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
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| (3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
| | requirements of any traffic education program imposed and the date by which the civil penalty should be paid and the traffic education program should be completed;
|
| (8) a statement that recorded images are evidence of
| | a violation of a red light signal;
|
| (9) a warning that failure to pay the civil penalty,
| | to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability;
|
| (10) a statement that the person may elect to proceed
| | (A) paying the fine, completing a required
| | traffic education program, or both; or
|
| (B) challenging the charge in court, by mail, or
| | by administrative hearing; and
|
| (11) a website address, accessible through the
| | Internet, where the person may view the recorded images of the violation.
|
| (e) (Blank).
(f) Based on inspection of recorded images produced by an automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (1.5) that the motor vehicle was hijacked before the
| | violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (2) that the driver of the vehicle passed through the
| | intersection when the light was red either (i) in order to yield the right-of-way to an emergency vehicle or (ii) as part of a funeral procession; and
|
| (3) any other evidence or issues provided by
| | municipal or county ordinance.
|
| (i) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(j) Unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $100 or the completion of a traffic education program, or both, plus an additional penalty of not more than $100 for failure to pay the original penalty or to complete a required traffic education program, or both, in a timely manner, if the motor vehicle is recorded by an automated traffic law enforcement system. A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle.
(j-3) A registered owner who is a holder of a valid commercial driver's license is not required to complete a traffic education program.
(j-5) For purposes of the required traffic education program only, a registered owner may submit an affidavit to the court or hearing officer swearing that at the time of the alleged violation, the vehicle was in the custody and control of another person. The affidavit must identify the person in custody and control of the vehicle, including the person's name and current address. The person in custody and control of the vehicle at the time of the violation is required to complete the required traffic education program. If the person in custody and control of the vehicle at the time of the violation completes the required traffic education program, the registered owner of the vehicle is not required to complete a traffic education program.
(k) An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system and informing drivers whether, following a stop, a right turn at the intersection is permitted or prohibited.
(k-3) A municipality or county that has one or more intersections equipped with an automated traffic law enforcement system must provide notice to drivers by posting the locations of automated traffic law systems on the municipality or county website.
(k-5) An intersection equipped with an automated traffic law enforcement system must have a yellow change interval that conforms with the Illinois Manual on Uniform Traffic Control Devices (IMUTCD) published by the Illinois Department of Transportation. Beginning 6 months before it installs an automated traffic law enforcement system at an intersection, a county or municipality may not change the yellow change interval at that intersection.
(k-7) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact of each automated traffic law enforcement system at an intersection following installation of the system and every 2 years thereafter. Each statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. Each statistical analysis required by this subsection (k-7) shall be made available to the public and shall be published on the website of the municipality or county. If a statistical analysis indicates that there has been an increase in the rate of crashes at the approach to the intersection monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the crashes, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the crashes at that intersection.
(k-8) Any municipality or county operating an automated traffic law enforcement system before July 28, 2023 (the effective date of Public Act 103-364) shall conduct a statistical analysis to assess the safety impact of each automated traffic law enforcement system at an intersection by no later than one year after July 28, 2023 (the effective date of Public Act 103-364) and every 2 years thereafter. The statistical analyses shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. The statistical analyses shall be consistent with professional judgment and acceptable industry practice. The statistical analyses also shall be consistent with the data required for valid comparisons of before and after conditions. The statistical analyses required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If the statistical analysis for any period following installation of the system indicates that there has been an increase in the rate of accidents at the approach to the intersection monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the accidents, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of traffic citations issued or the revenue generated by the system.
(l-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties.
(m) This Section applies only to the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties.
(n) The fee for participating in a traffic education program under this Section shall not exceed $25.
A low-income individual required to complete a traffic education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.
(o) (Blank).
(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.
Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
(q) If a county or municipality selects a new vendor for its automated traffic law enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated traffic law enforcement system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt.
(r) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated traffic law enforcement system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated traffic law enforcement system in the county or municipality.
The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of one year after the revocation.
(s) If an automated traffic law enforcement system is removed or rendered inoperable due to construction, then the Department shall authorize the reinstallation or use of the automated traffic law enforcement system within 30 days after the construction is complete.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; 103-605, eff. 7-1-24.)
|
625 ILCS 5/11-208.7 (625 ILCS 5/11-208.7) Sec. 11-208.7. Administrative fees and procedures for impounding vehicles for specified violations. (a) Any county or municipality may, consistent with this Section, provide by ordinance procedures for the release of properly impounded vehicles and for the imposition of a reasonable administrative fee related to its administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle. The administrative fee imposed by the county or municipality may be in addition to any fees
charged for the towing and storage of an impounded vehicle. The administrative fee shall be waived by the county or municipality upon verifiable proof that the vehicle was stolen or hijacked at the time the vehicle was impounded. (b) An ordinance establishing procedures for the release of properly impounded vehicles under this Section may impose fees only for the following violations: (1) operation or use of a motor vehicle in the | | commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Criminal Code of 2012; or
|
| (2) driving under the influence of alcohol, another
| | drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section 11-501 of this Code; or
|
| (3) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act; or
|
| (4) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act; or
|
| (5) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, an offense in violation of Section 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012; or
|
| (6) driving while a driver's license, permit, or
| | privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of this Code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing; or
|
| (7) operation or use of a motor vehicle while
| | soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act; or
|
| (8) operation or use of a motor vehicle with an
| | expired driver's license, in violation of Section 6-101 of this Code, if the period of expiration is greater than one year; or
|
| (9) operation or use of a motor vehicle without ever
| | having been issued a driver's license or permit, in violation of Section 6-101 of this Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age; or
|
| (10) operation or use of a motor vehicle by a person
| | against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501 of this Code; or
|
| (11) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012; or
|
| (12) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Criminal Code of 1961 or the Criminal Code of 2012, when so provided by local ordinance; or
|
| (13) operation or use of a motor vehicle in violation
| | of Section 11-503 of this Code:
|
| (A) while the vehicle is part of a funeral
| | (B) in a manner that interferes with a funeral
| | (c) The following shall apply to any fees imposed for administrative and processing costs pursuant to subsection (b):
(1) All administrative fees and towing and storage
| | charges shall be imposed on the registered owner of the motor vehicle or the agents of that owner.
|
| (1.5) No administrative fees shall be imposed on
| | the registered owner or the agents of that owner if the motor vehicle was stolen or hijacked at the time the vehicle was impounded. To demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner.
|
| (2) The fees shall be in addition to (i) any other
| | penalties that may be assessed by a court of law for the underlying violations; and (ii) any towing or storage fees, or both, charged by the towing company.
|
| (3) The fees shall be uniform for all similarly
| | (4) The fees shall be collected by and paid to the
| | county or municipality imposing the fees.
|
| (5) The towing or storage fees, or both, shall be
| | collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle.
|
| (d) Any ordinance establishing procedures for the release of properly impounded vehicles under this Section shall provide for an opportunity for a hearing, as provided in subdivision (b)(4) of Section 11-208.3 of this Code, and for the release of the vehicle to the owner of record, lessee, or a lienholder of record upon payment of all administrative fees and towing and storage fees.
(e) Any ordinance establishing procedures for the impoundment
and release of vehicles under this Section shall include the following provisions concerning notice of impoundment:
(1) Whenever a police officer has cause to believe
| | that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the county or municipality.
|
| (2) At the time the vehicle is towed, the county or
| | municipality shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing.
|
| (3) The county or municipality shall also provide
| | notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the county or municipality a bond equal to the administrative fee as provided by ordinance and pays for all towing and storage charges.
|
| (f) Any ordinance establishing procedures for the impoundment and
release of vehicles under this Section shall include a provision providing that the
registered owner or lessee of the vehicle and any lienholder of record shall be provided with a
notice of hearing. The notice shall:
(1) be served upon the owner, lessee, and any
| | lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
|
| (2) be served upon interested parties within 10 days
| | after a vehicle is impounded by the municipality; and
|
| (3) contain the date, time, and location of the
| | administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
|
| (g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to administrative hearings, any ordinance providing for the impoundment
and release of vehicles under this Section shall include the following requirements concerning administrative hearings:
(1) administrative hearings shall be conducted by a
| | hearing officer who is an attorney licensed to practice law in this State for a minimum of 3 years;
|
| (1.5) the hearing officer shall consider as a
| | defense to the vehicle impoundment that the motor vehicle was stolen or hijacked at the time the vehicle was impounded; to demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or a lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner;
|
| (2) at the conclusion of the administrative hearing,
| | the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
|
| (3) if the basis for the vehicle impoundment is
| | sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the county or municipality;
|
| (4) all final decisions of the administrative hearing
| | officer shall be subject to review under the provisions of the Administrative Review Law, unless the county or municipality allows in the enabling ordinance for direct appeal to the circuit court having jurisdiction over the county or municipality;
|
| (5) unless the administrative hearing officer
| | overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid;
|
| (6) if the administrative hearing officer finds that
| | a county or municipality that impounds a vehicle exceeded its authority under this Code, the county or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees; and
|
| (7) notwithstanding any other provision of law to
| | the contrary, if the administrative hearing officer finds that a county or municipality impounded a motor vehicle that was stolen or hijacked at the time the vehicle was impounded, the county or municipality shall refund any administrative fees already paid by the registered owner or lessee of the vehicle.
|
| (h) Vehicles not retrieved from the towing facility or storage facility
within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Article II of Chapter
4 of this Code.
(i) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this
Section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial
review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of
competent jurisdiction.
(j) The fee limits in subsection (b), the exceptions in paragraph (6) of subsection (b), and all of paragraph (6) of subsection (g) of this Section shall not apply to a home rule unit that tows a vehicle on a public way if a circumstance requires the towing of the vehicle or if the vehicle is towed due to a violation of a statute or local ordinance, and the home rule unit:
(1) owns and operates a towing facility within its
| | boundaries for the storage of towed vehicles; and
|
| (2) owns and operates tow trucks or enters into a
| | contract with a third party vendor to operate tow trucks.
|
| (Source: P.A. 102-905, eff. 1-1-23 .)
|
625 ILCS 5/11-208.8 (625 ILCS 5/11-208.8) Sec. 11-208.8. Automated speed enforcement systems in safety zones. (a) As used in this Section: "Automated speed enforcement
system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices installed or utilized in a safety zone and designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle and the vehicle's registration plate or digital registration plate while the driver is violating Article VI of Chapter 11 of this Code or a similar provision of a local ordinance. An automated speed enforcement system is a system, located in a safety zone which is under the jurisdiction of a municipality, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation. "Owner" means the person or entity to whom the vehicle is registered. "Recorded image" means images
recorded by an automated speed enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
|
| "Safety zone" means an area that is within one-eighth of a mile from the nearest property line of any public or private elementary or secondary school, or from the nearest property line of any facility, area, or land owned by a school district that is used for educational purposes approved by the Illinois State Board of Education, not including school district headquarters or administrative buildings. A safety zone also includes an area that is within one-eighth of a mile from the nearest property line of any facility, area, or land owned by a park district used for recreational purposes. However, if any portion of a roadway is within either one-eighth mile radius, the safety zone also shall include the roadway extended to the furthest portion of the next furthest intersection. The term "safety zone" does not include any portion of the roadway known as Lake Shore Drive or any controlled access highway with 8 or more lanes of traffic.
(a-5) The automated speed enforcement system shall be operational and violations shall be recorded only at the following times:
(i) if the safety zone is based upon the property
| | line of any facility, area, or land owned by a school district, only on school days and no earlier than 6 a.m. and no later than 8:30 p.m. if the school day is during the period of Monday through Thursday, or 9 p.m. if the school day is a Friday; and
|
| (ii) if the safety zone is based upon the property
| | line of any facility, area, or land owned by a park district, no earlier than one hour prior to the time that the facility, area, or land is open to the public or other patrons, and no later than one hour after the facility, area, or land is closed to the public or other patrons.
|
| (b) A municipality that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.
(c) Notwithstanding any penalties for any other violations of this Code, the owner of a motor vehicle used in a traffic violation recorded by an automated speed enforcement system shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
| | hour and no more than 10 miles per hour over the legal speed limit, a civil penalty not exceeding $50, plus an additional penalty of not more than $50 for failure to pay the original penalty in a timely manner; or
|
| (2) if the recorded speed is more than 10 miles per
| | hour over the legal speed limit, a civil penalty not exceeding $100, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner.
|
| A penalty may not be imposed under this Section if the driver of the motor vehicle received a Uniform Traffic Citation from a police officer for a speeding violation occurring within one-eighth of a mile and 15 minutes of the violation that was recorded by the system. A violation for which a civil penalty is imposed
under this Section is not a violation of a traffic regulation governing
the movement of vehicles and may not be recorded on the driving record
of the owner of the vehicle. A law enforcement officer is not required to be present or to witness the violation. No penalty may be imposed under this Section if the recorded speed of a vehicle is 5 miles per hour or less over the legal speed limit. The municipality may send, in the same manner that notices are sent under this Section, a speed violation warning notice where the violation involves a speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from civil penalties imposed under an automated speed enforcement system, after deducting all non-personnel and personnel costs associated with the operation and maintenance of such system, shall be expended or obligated by the municipality for the following purposes:
(i) public safety initiatives to ensure safe
| | passage around schools, and to provide police protection and surveillance around schools and parks, including but not limited to: (1) personnel costs; and (2) non-personnel costs such as construction and maintenance of public safety infrastructure and equipment;
|
| (ii) initiatives to improve pedestrian and traffic
| | (iii) construction and maintenance of
| | infrastructure within the municipality, including but not limited to roads and bridges; and
|
| (iv) after school programs.
(e) For each violation of a provision of this Code or a local ordinance
recorded by an automated speed enforcement system, the municipality having
jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered
owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
(f) The notice required under subsection (e) of this Section shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
|
| (3) the violation charged;
(4) the date, time, and location where the violation
| | (5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
| | date by which the civil penalty should be paid;
|
| (7) a statement that recorded images are evidence of
| | a violation of a speed restriction;
|
| (8) a warning that failure to pay the civil penalty
| | or to contest liability in a timely manner is an admission of liability;
|
| (9) a statement that the person may elect to proceed
| | (A) paying the fine; or
(B) challenging the charge in court, by mail, or
| | by administrative hearing; and
|
| (10) a website address, accessible through the
| | Internet, where the person may view the recorded images of the violation.
|
| (g) (Blank).
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained
in the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in
any proceeding resulting from the issuance of the citation.
(j) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control or in the possession of the owner or lessee at the time of the violation;
|
| (1.5) that the motor vehicle was hijacked before
| | the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (2) that the driver of the motor vehicle received a
| | Uniform Traffic Citation from a police officer for a speeding violation occurring within one-eighth of a mile and 15 minutes of the violation that was recorded by the system; and
|
| (3) any other evidence or issues provided by
| | (k) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration
plates or digital registration plates were stolen before the violation occurred and were not under the
control or possession of the owner or lessee at the time of the violation, the
owner or lessee must submit proof that a report concerning the
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(l) A roadway equipped with an automated speed enforcement system shall be posted with a sign conforming to the national Manual on Uniform Traffic Control Devices that is visible to approaching traffic stating that vehicle speeds are being photo-enforced and indicating the speed limit. The municipality shall install such additional signage as it determines is necessary to give reasonable notice to drivers as to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement system is installed shall be posted with signs providing 30 days notice of the use of a new automated speed enforcement system prior to the issuance of any citations through the automated speed enforcement system.
(n) The compensation paid for an automated speed enforcement system
must be based on the value of the equipment or the services provided and may
not be based on the number of traffic citations issued or the revenue generated
by the system.
(n-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties.
(o) (Blank).
(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee. The drivers license number of a lessee may be subsequently individually requested by the appropriate authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to this subsection, the municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement system must provide notice to drivers by publishing the locations of all safety zones where system equipment is installed on the website of the municipality.
(r) A municipality operating an automated speed enforcement system shall conduct a statistical analysis to assess the safety impact of the system following installation of the system and every 2 years thereafter. A municipality operating an automated speed enforcement system before the effective date of this amendatory Act of the 103rd General Assembly shall conduct a statistical analysis to assess the safety impact of the system by no later than one year after the effective date of this amendatory Act of the 103rd General Assembly and every 2 years thereafter. Each statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality.
(s) This Section applies only to municipalities with a population of 1,000,000 or more inhabitants.
(t) If a county or municipality selects a new vendor for its automated speed enforcement
system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated speed enforcement
system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt.
(u) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated speed enforcement
system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated speed enforcement
system in the county or municipality.
The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-208.9
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system; approaching, overtaking, and passing a school bus. (a) As used in this Section, "automated traffic law enforcement
system" means a device with one or more motor vehicle sensors working
in conjunction with the visual signals on a school bus, as specified in Sections 12-803 and 12-805 of this Code, to produce recorded images of
motor vehicles that fail to stop before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils in violation of Section 11-1414 of this Code or a similar provision
of a local ordinance. An
automated traffic law enforcement system is a system, in a municipality or
county operated by a
governmental agency, that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance
and is designed to obtain a clear recorded image of the
vehicle and the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation. (b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
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| (c) A municipality or
county that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.
(d) For each violation of a provision of this Code or a local ordinance
recorded by an automated
traffic law enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered
owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
(e) The notice required under subsection (d) shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
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| (3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
| | date by which the civil penalty should be paid;
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| (8) a statement that recorded images are evidence of
| | a violation of overtaking or passing a school bus stopped for the purpose of receiving or discharging pupils;
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| (9) a warning that failure to pay the civil penalty
| | or to contest liability in a timely manner is an admission of liability;
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| (10) a statement that the person may elect to proceed
| | (A) paying the fine; or
(B) challenging the charge in court, by mail, or
| | by administrative hearing; and
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| (11) a website address, accessible through the
| | Internet, where the person may view the recorded images of the violation.
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| (f) (Blank).
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained
in the notice and admissible in any proceeding alleging a
violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in
any proceeding resulting from the issuance of the citation.
(i) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
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| (1.5) that the motor vehicle was hijacked before
| | the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
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| (2) that the driver of the motor vehicle received a
| | Uniform Traffic Citation from a police officer for a violation of Section 11-1414 of this Code within one-eighth of a mile and 15 minutes of the violation that was recorded by the system;
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| (3) that the visual signals required by Sections
| | 12-803 and 12-805 of this Code were damaged, not activated, not present in violation of Sections 12-803 and 12-805, or inoperable; and
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| (4) any other evidence or issues provided by
| | municipal or county ordinance.
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| (j) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration
plates or digital registration plates were stolen before the violation occurred and were not under the
control or possession of the owner or lessee at the time of the violation, the
owner or lessee must submit proof that a report concerning the
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(k) Unless the driver of the motor vehicle received a Uniform
Traffic Citation from a police officer at the time of the violation,
the motor vehicle owner is subject to a civil penalty not exceeding
$150 for a first time violation or $500 for a second or subsequent violation, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated traffic law
enforcement system. A violation for which a civil penalty is imposed
under this Section is not a violation of a traffic regulation governing
the movement of vehicles and may not be recorded on the driving record
of the owner of the vehicle, but may be recorded by the municipality or county for the purpose of determining if a person is subject to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that the school bus is being monitored by an automated
traffic law enforcement system.
(m) A municipality or
county that has one or more school buses equipped with an automated traffic law
enforcement system must provide notice to drivers by posting a list of school districts using school buses equipped with an automated traffic law enforcement system on the municipality or county website. School districts that have one or more school buses equipped with an automated traffic law enforcement system must provide notice to drivers by posting that information on their websites.
(n) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact in each school district using school buses equipped with an automated traffic law enforcement system following installation of the system and every 2 years thereafter. A municipality or county operating an automated speed enforcement system before the effective date of this amendatory Act of the 103rd General Assembly shall conduct a statistical analysis to assess the safety impact of the system by no later than one year after the effective date of this amendatory Act of the 103rd General Assembly and every 2 years thereafter. Each statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If a statistical analysis indicates that there has been an increase in the rate of crashes at the approach to school buses monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the crashes, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the crashes involving school buses equipped with an automated traffic law enforcement system.
(o) The compensation paid for an automated traffic law enforcement system
must be based on the value of the equipment or the services provided and may
not be based on the number of traffic citations issued or the revenue generated
by the system.
(o-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties.
(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.
Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
(q) (Blank).
(r) After a municipality or county enacts an ordinance providing for automated traffic law enforcement systems under this Section, each school district within that municipality or county's jurisdiction may implement an automated traffic law enforcement system under this Section. The elected school board for that district must approve the implementation of an automated traffic law enforcement system. The school district shall be responsible for entering into a contract, approved by the elected school board of that district, with vendors for the installation, maintenance, and operation of the automated traffic law enforcement system. The school district must enter into an intergovernmental agreement, approved by the elected school board of that district, with the municipality or county with jurisdiction over that school district for the administration of the automated traffic law enforcement system. The proceeds from a school district's automated traffic law enforcement system's fines shall be divided equally between the school district and the municipality or county administering the automated traffic law enforcement system.
(s) If a county or municipality changes the vendor it uses for its automated traffic law enforcement
system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application, the new vendor operates an automated traffic law enforcement
system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for that permit, approval, or other authorization within 90 days after its receipt.
(t) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated traffic law enforcement
system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated traffic law enforcement system in the county or municipality.
The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-209
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties - Contract with
school boards, hospitals, churches, condominium complex unit owners'
associations, and commercial and industrial facility, shopping center,
and apartment complex owners for regulation of traffic. (a) The corporate authorities of any municipality or the county
board of any county, and a school board, hospital, church, condominium
complex unit owners' association, or owner of any
commercial and industrial facility,
shopping center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the limits of
the municipality and within the boundaries of the county, may, by
contract, empower the municipality or county to regulate the parking of
automobiles and the traffic at such parking area. Such contract shall
empower the municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals, | | person with disabilities parking area signs or yield signs at specified locations in a parking area and the adoption of appropriate regulations thereto pertaining, or the designation of any intersection in the parking area as a stop intersection or as a yield intersection and the ordering of like signs or signals at one or more entrances to such intersection, subject to the provisions of this Chapter.
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2. The prohibition or regulation of the turning of
| | vehicles or specified types of vehicles at intersections or other designated locations in the parking area.
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3. The regulation of a crossing of any roadway in the
| | parking area by pedestrians.
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4. The designation of any separate roadway in the
| | parking area for one-way traffic.
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5. The establishment and regulation of loading zones.
6. The prohibition, regulation, restriction or
| | limitation of the stopping, standing or parking of vehicles in specified areas of the parking area.
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7. The designation of safety zones in the parking
| |
8. Providing for the removal and storage of vehicles
| | parked or abandoned in the parking area during snowstorms, floods, fires, or other public emergencies, or found unattended in the parking area, (a) where they constitute an obstruction to traffic, or (b) where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle.
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9. Providing that the cost of planning, installation,
| | maintenance and enforcement of parking and traffic regulations pursuant to any contract entered into under the authority of this paragraph (a) of this Section be borne by the municipality or county, or by the school board, hospital, church, property owner, apartment complex owner, or condominium complex unit owners' association, or that a percentage of the cost be shared by the parties to the contract.
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10. Causing the installation of parking meters on the
| | parking area and establishing whether the expense of installing said parking meters and maintenance thereof shall be that of the municipality or county, or that of the school board, hospital, church, condominium complex unit owners' association, shopping center or apartment complex owner. All moneys obtained from such parking meters as may be installed on any parking area shall belong to the municipality or county.
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11. Causing the installation of parking signs in
| | accordance with Section 11-301 in areas of the parking lots covered by this Section and where desired by the person contracting with the appropriate authority listed in paragraph (a) of this Section, indicating that such parking spaces are reserved for persons with disabilities.
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12. Contracting for such additional reasonable rules
| | and regulations with respect to traffic and parking in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area.
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(b) No contract entered into pursuant to this Section shall exceed a
period of 20 years. No lessee of a shopping center or apartment complex
shall enter into such a contract for a longer period of time than the
length of his lease.
(c) Any contract entered into pursuant to this Section shall be
recorded in the office of the recorder in the county in which
the parking area is located, and no regulation made pursuant to the
contract shall be effective or enforceable until 3 days after the
contract is so recorded.
(d) At such time as parking and traffic regulations have been
established at any parking area pursuant to the contract as provided for
in this Section, then it shall be a petty offense for any person to do
any act forbidden or to fail to perform any act required by such parking
or traffic regulation. If the violation is the parking in a parking space
reserved for persons with disabilities under paragraph (11) of this Section, by
a person without special registration plates issued to a person with
disabilities, as defined by Section 1-159.1, pursuant to Section
3-616 of this Code, or to a veteran with a disability pursuant to Section 3-609 of
this Code, the local police of the contracting corporate municipal
authorities shall issue a parking ticket to such parking violator and issue
a fine in accordance with Section 11-1301.3.
(e) The term "shopping center", as used in this Section, means
premises having one or more stores or business establishments in
connection with which there is provided on privately-owned property near
or contiguous thereto an area, or areas, of land used by the public as
the means of access to and egress from the stores and business
establishments on such premises and for the parking of motor vehicles of
customers and patrons of such stores and business establishments on such
premises.
(f) The term "parking area", as used in this Section, means an area,
or areas, of land near or contiguous to a school, church, or hospital
building, shopping center, apartment complex, or condominium
complex,
but not the public highways or alleys, and used by
the public as the means of access to and egress from such buildings and
the stores and business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping center owner",
and "apartment complex owner",
as used in this Section, mean the actual
legal owner of the shopping center parking area or apartment
complex,
the trust officer of a banking institution having the right to manage
and control such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners' association", as used in
this Section, means a "unit owners' association" as defined in Section 2 of the
Condominium Property Act.
(h) The term "fire lane", as used in this Section, means travel
lanes for the fire fighting equipment upon which there shall be no
standing or parking of any motor vehicle at any time so that fire
fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this Section, means
premises having one or more apartments in connection with which there is
provided on privately-owned property near or contiguous thereto an area,
or areas, of land used by occupants of such apartments or their guests
as a means of access to and egress from such apartments or for the
parking of motor vehicles of such occupants or their guests.
(j) The term "condominium complex", as used in this Section, means
the units, common elements, and limited common elements that are located on the
parcels, as those terms are defined in Section 2 of the Condominium Property
Act.
(k) The term "commercial and industrial facility", as used in this
Section, means a premises containing one or more commercial and industrial
facility establishments in connection with which there is
provided on
privately-owned property near or contiguous to the premises an area or areas of
land used by the public as the means of access to and egress from the
commercial and industrial facility establishment on the premises and for the
parking of motor vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the premises.
(l) The provisions of this Section shall not be deemed to
prevent local
authorities from enforcing, on private property, local ordinances imposing
fines, in accordance with Section 11-1301.3, as penalties for use of any
parking
place reserved for persons with disabilities, as defined by Section 1-159.1, or
veterans with disabilities by any person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or device as defined
in Section 11-1301.2 as evidence that the vehicle is operated by or for a
person with disabilities or a veteran with a disability.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the
Illinois Constitution.
(Source: P.A. 99-143, eff. 7-27-15.)
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625 ILCS 5/11-209.1
(625 ILCS 5/11-209.1) (from Ch. 95 1/2, par. 11-209.1)
Sec. 11-209.1.
Powers of local authorities - enforcing the provisions
of this Code on private streets and roads. (a) Any person or board of
directors owning, operating or representing a residential subdivision,
development, apartment house or apartment project; containing a minimum of
10 apartments or single family residences may file a written request, with
the appropriate local authority wherein such property is situated,
requesting their law enforcement agency enforce the provisions of this Code
on all private streets or roads open to or used by the tenants, owners,
employees or the public for the purposes of vehicular traffic by permission
of such person or board of directors and not as a matter of public right.
Notwithstanding Section 1-126 and Section 1-201 of this Code, if the local
authority grants such request by the adoption of an enabling ordinance then
all such private streets or roads shall be considered "highways" only for
the enforcement purposes of this Code.
(b) All regulations adopted and traffic control devices employed by a
local authority in the enforcement of this Code on such streets or roads
within any private area, pursuant to this Section, shall be consistent
with the provisions of this Code and shall
conform to the Illinois Manual on Uniform Traffic Control Devices.
A local authority may require that any person who files a request for
the installation of traffic signs pay for the cost of such traffic signs.
Such traffic signs shall be in conformity with Section 11-604 of this Code.
(c) Any person or board of directors which has filed such a request
under this Section, may rescind that request by filing with the
appropriate local authority a written request for such rescission. Upon
receipt of the written request, the local authority shall subsequently
repeal the original enabling ordinance. Such repeal shall not take effect
until the first day of January following any such action by the local
authorities. However, no such rescission request may be filed within 12
months of the date of the original written request.
(d) The filing of a written request or the adoption of the
enabling ordinance under this Section in no way constitutes
a dedication to public use of any street, road, driveway, trail,
terrace, bridle path, parkway, parking area, or other roadway open to
or used by vehicular traffic, nor does it prevent such person or
board of directors, as owners of such property, from requiring
additional regulations than those specified by the local authorities or
otherwise regulating such use as may seem best to such person or board of
directors as long as they do not conflict with the powers granted to local
authorities under Section 11-208 of this Code.
(e) This amendatory act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII, Section 10 of
the Illinois Constitution.
(Source: P.A. 86-521.)
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625 ILCS 5/11-210
(625 ILCS 5/11-210) (from Ch. 95 1/2, par. 11-210)
Sec. 11-210.
This Chapter not to interfere with rights of owners of real property with
reference thereto.
Nothing in this Chapter shall be construed to prevent the owner of real
property used by the public for purposes of vehicular travel by permission
of the owner and not as matter of right from prohibiting such use, or from
requiring other or different or additional conditions than those specified
in this Chapter, or otherwise regulating such use as may seem best to such
owner.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-211
(625 ILCS 5/11-211) (from Ch. 95 1/2, par. 11-211)
Sec. 11-211.
Local Laws.
No owner of a motor vehicle shall be limited as to speed upon any public
place, at any time when the same is or may hereafter be opened to the use
of persons having or using other vehicles, nor be required to comply with
other provisions or conditions as to the use of such motor vehicles except
as in this Chapter provided, and except as is provided in this Act.
(Source: P.A. 77-1344.)
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625 ILCS 5/11-212 (625 ILCS 5/11-212) (Text of Section before amendment by P.A. 103-1047 ) Sec. 11-212. Traffic and pedestrian stop statistical study. (a) Whenever a State or local law enforcement officer issues a
uniform traffic citation or warning citation for an alleged
violation of the Illinois Vehicle Code, he or she shall
record at least the following: (1) the name, address, gender, and the officer's | | subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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| (2) the alleged traffic violation that led to the
| | (3) the make and year of the vehicle
stopped;
(4) the date and time of the stop, beginning when the
| | vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
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| (5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
| | to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
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| (6) whether or not a search contemporaneous to the
| | stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
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| (6.2) whether or not a police dog performed a sniff
| | of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
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| (6.5) whether or not contraband was found during a
| | search; and, if so, the type and amount of contraband seized; and
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| (7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops a
motorist for an alleged violation of the Illinois Vehicle Code
and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card, which includes
field
contact cards, or any other existing form currently used by law enforcement
containing
information required pursuant to this Act,
that records
at least the following:
(1) the name, address, gender, and the officer's
| | subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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| (2) the reason that led to the stop of the
motorist;
(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop, beginning when the
| | vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
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| (5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
| | to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
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| (6) whether or not a search contemporaneous to the
| | stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
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| (6.2) whether or not a police dog performed a sniff
| | of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
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| (6.5) whether or not contraband was found during a
| | search; and, if so, the type and amount of contraband seized; and
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| (7) the name and badge number of the issuing
officer.
(b-5) For purposes of this subsection (b-5), "detention" means all frisks, searches, summons, and arrests. Whenever a law enforcement officer subjects a pedestrian to detention in a public place, he or she shall complete a uniform pedestrian stop card, which includes any existing form currently used by law enforcement containing all the information required under this Section, that records at least the following:
(1) the gender, and the officer's subjective
| | determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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| (2) all the alleged reasons that led to the stop of
| | (3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
| | conducted of the person; and, if so, all the alleged reasons that led to the protective pat down or frisk, and whether it was with consent or by other means;
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| (6) whether or not contraband was found during the
| | protective pat down or frisk; and, if so, the type and amount of contraband seized;
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| (7) whether or not a search beyond a protective pat
| | down or frisk was conducted of the person or his or her effects; and, if so, all the alleged reasons that led to the search, and whether it was with consent or by other means;
|
| (8) whether or not contraband was found during the
| | search beyond a protective pat down or frisk; and, if so, the type and amount of contraband seized;
|
| (9) the disposition of the stop, such as a warning, a
| | ticket, a summons, or an arrest;
|
| (10) if a summons or ticket was issued, or an arrest
| | made, a record of the violations, offenses, or crimes alleged or charged; and
|
| (11) the name and badge number of the officer who
| | This subsection (b-5) does not apply to searches or inspections for compliance authorized under the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections during routine security screenings at facilities or events.
(c) The Illinois Department of Transportation shall provide a
standardized law
enforcement data compilation form on its website.
(d) Every law enforcement agency shall, by March 1 with regard to data collected during July through December of the previous calendar year and by August 1 with regard to data collected during January through June of the current calendar year, compile the data described in subsections (a), (b), and (b-5) on
the
standardized law enforcement data compilation form provided by the Illinois
Department
of Transportation and transmit the data to the Department.
(e) The Illinois Department of Transportation shall analyze the data
provided
by law
enforcement agencies required by this Section and submit a report of the
previous year's
findings to the
Governor, the General Assembly, the Racial Profiling Prevention and Data Oversight Board, and each law enforcement agency no later than
July 1
of each year. The Illinois Department of
Transportation may contract with
an outside entity for the analysis of the data provided. In analyzing the data
collected
under this Section, the analyzing entity shall scrutinize the data for evidence
of statistically
significant aberrations. The following list, which
is illustrative, and not exclusive, contains examples of areas in which
statistically
significant aberrations may be found:
(1) The percentage of minority drivers, passengers,
| | or pedestrians being stopped in a given area is substantially higher than the proportion of the overall population in or traveling through the area that the minority constitutes.
|
| (2) A substantial number of false stops including
| | stops not resulting in the issuance of a traffic ticket or the making of an arrest.
|
| (3) A disparity between the proportion of citations
| | issued to minorities and proportion of minorities in the population.
|
| (4) A disparity among the officers of the same law
| | enforcement agency with regard to the number of minority drivers, passengers, or pedestrians being stopped in a given area.
|
| (5) A disparity between the frequency of searches
| | performed on minority drivers or pedestrians and the frequency of searches performed on non-minority drivers or pedestrians.
|
| (f) Any law enforcement officer identification information and driver or pedestrian
identification information
that is
compiled by any law enforcement agency or the Illinois Department of
Transportation
pursuant to this Act for
the purposes of fulfilling the requirements of this Section shall be
confidential and exempt
from
public inspection and copying, as provided under Section 7 of the Freedom of
Information
Act,
and the information shall not be transmitted to anyone except as needed to
comply with
this Section. This Section shall not exempt those materials that, prior to the
effective date of this
amendatory Act of the 93rd General Assembly, were available under the Freedom
of
Information Act. This subsection (f) shall not preclude law enforcement agencies from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from federal highway
safety
funds available to Illinois, as directed by the Governor.
(h) The Illinois Criminal Justice Information Authority, in consultation with
law enforcement agencies, officials, and organizations, including Illinois
chiefs of police,
the Illinois State Police, the Illinois Sheriffs Association, and the
Chicago Police
Department, and community groups and other experts, shall undertake a study to
determine the best use of technology to collect, compile, and analyze the
traffic stop
statistical study data required by this Section. The Department shall report
its findings
and recommendations to the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
| | determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data required by this Section.
|
| (2) The Task Force shall be an independent Task Force
| | under the Illinois Criminal Justice Information Authority for administrative purposes, and shall consist of the following members:
|
| (A) 2 academics or researchers who have studied
| | issues related to traffic or pedestrian stop data collection and have education or expertise in statistics;
|
| (B) one professor from an Illinois university who
| | specializes in policing and racial equity;
|
| (C) one representative from the Illinois State
| | (D) one representative from the Chicago Police
| | (E) one representative from the Illinois Chiefs
| | (F) one representative from the Illinois Sheriffs
| | (G) one representative from the Chicago Fraternal
| | (H) one representative from the Illinois
| | Fraternal Order of Police;
|
| (I) the Executive Director of the American Civil
| | Liberties Union of Illinois, or his or her designee; and
|
| (J) 5 representatives from different community
| | organizations who specialize in civil or human rights, policing, or criminal justice reform work, and that represent a range of minority interests or different parts of the State.
|
| (3) The Illinois Criminal Justice Information
| | Authority may consult, contract, work in conjunction with, and obtain any information from any individual, agency, association, or research institution deemed appropriate by the Authority.
|
| (4) The Task Force shall report its findings and
| | recommendations to the Governor and the General Assembly by March 1, 2022 and every 3 years after.
|
| (h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
| | having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
|
| (2) "Asian" means a person having origins in any of
| | the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
|
| (2.5) "Badge" means an officer's department issued
| | identification number associated with his or her position as a police officer with that department.
|
| (3) "Black or African American" means a person having
| | origins in any of the black racial groups of Africa.
|
| (4) "Hispanic or Latino" means a person of Cuban,
| | Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
|
| (5) "Native Hawaiian or Other Pacific Islander" means
| | a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
|
| (6) "White" means a person having origins in any of
| | the original peoples of Europe, the Middle East, or North Africa.
|
| (i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 103-1047 )
Sec. 11-212. Traffic and pedestrian stop statistical study.
(a) Whenever a State or local law enforcement officer issues a uniform traffic citation or warning citation for an alleged violation of the Illinois Vehicle Code, he or she shall record at least the following:
(1) the name, address, gender, and the officer's
| | subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
|
| (2) the alleged traffic violation that led to the
| | (3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
| | vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
|
| (5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
| | to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
|
| (6) whether or not a search contemporaneous to the
| | stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
|
| (6.2) whether or not a police dog performed a sniff
| | of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
|
| (6.5) whether or not contraband was found during a
| | search; and, if so, the type and amount of contraband seized; and
|
| (7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops a motorist for an alleged violation of the Illinois Vehicle Code and does not issue a uniform traffic citation or warning citation for an alleged violation of the Illinois Vehicle Code, he or she shall complete a uniform stop card, which includes field contact cards, or any other existing form currently used by law enforcement containing information required pursuant to this Act, that records at least the following:
(1) the name, address, gender, and the officer's
| | subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
|
| (2) the reason that led to the stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
| | vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
|
| (5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
| | to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
|
| (6) whether or not a search contemporaneous to the
| | stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
|
| (6.2) whether or not a police dog performed a sniff
| | of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
|
| (6.5) whether or not contraband was found during a
| | search; and, if so, the type and amount of contraband seized; and
|
| (7) the name and badge number of the issuing officer.
(b-5) For purposes of this subsection (b-5), "detention" means all frisks, searches, summons, and arrests. Whenever a law enforcement officer subjects a pedestrian to detention in a public place, he or she shall complete a uniform pedestrian stop card, which includes any existing form currently used by law enforcement containing all the information required under this Section, that records at least the following:
(1) the gender, and the officer's subjective
| | determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
|
| (2) all the alleged reasons that led to the stop of
| | (3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
| | conducted of the person; and, if so, all the alleged reasons that led to the protective pat down or frisk, and whether it was with consent or by other means;
|
| (6) whether or not contraband was found during the
| | protective pat down or frisk; and, if so, the type and amount of contraband seized;
|
| (7) whether or not a search beyond a protective pat
| | down or frisk was conducted of the person or his or her effects; and, if so, all the alleged reasons that led to the search, and whether it was with consent or by other means;
|
| (8) whether or not contraband was found during the
| | search beyond a protective pat down or frisk; and, if so, the type and amount of contraband seized;
|
| (9) the disposition of the stop, such as a warning, a
| | ticket, a summons, or an arrest;
|
| (10) if a summons or ticket was issued, or an arrest
| | made, a record of the violations, offenses, or crimes alleged or charged; and
|
| (11) the name and badge number of the officer who
| | This subsection (b-5) does not apply to searches or inspections for compliance authorized under the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections during routine security screenings at facilities or events.
(c) The Illinois Department of Transportation shall provide a standardized law enforcement data compilation form on its website.
(d) Every law enforcement agency shall, by February 1 with regard to data collected during July through December of the previous calendar year and by August 1 with regard to data collected during January through June of the current calendar year, compile the data described in subsections (a), (b), and (b-5) on the standardized law enforcement data compilation form provided by the Illinois Department of Transportation and transmit the data to the Department.
(e) The Illinois Department of Transportation shall analyze the data provided by law enforcement agencies required by this Section and submit a report of the previous year's findings to the Governor, the General Assembly, the Racial Profiling Prevention and Data Oversight Board, and each law enforcement agency no later than July 1 of each year. The Illinois Department of Transportation may contract with an outside entity for the analysis of the data provided. In analyzing the data collected under this Section, the analyzing entity shall scrutinize the data for evidence of statistically significant aberrations. The following list, which is illustrative, and not exclusive, contains examples of areas in which statistically significant aberrations may be found:
(1) The percentage of minority drivers, passengers,
| | or pedestrians being stopped in a given area is substantially higher than the proportion of the overall population in or traveling through the area that the minority constitutes.
|
| (2) A substantial number of false stops including
| | stops not resulting in the issuance of a traffic ticket or the making of an arrest.
|
| (3) A disparity between the proportion of citations
| | issued to minorities and proportion of minorities in the population.
|
| (4) A disparity among the officers of the same law
| | enforcement agency with regard to the number of minority drivers, passengers, or pedestrians being stopped in a given area.
|
| (5) A disparity between the frequency of searches
| | performed on minority drivers or pedestrians and the frequency of searches performed on non-minority drivers or pedestrians.
|
| (f) Any law enforcement officer identification information and driver or pedestrian identification information that is compiled by any law enforcement agency or the Illinois Department of Transportation pursuant to this Act for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section. This Section shall not exempt those materials that, prior to the effective date of this amendatory Act of the 93rd General Assembly, were available under the Freedom of Information Act. This subsection (f) shall not preclude law enforcement agencies from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from federal highway safety funds available to Illinois, as directed by the Governor.
(h) The Illinois Criminal Justice Information Authority, in consultation with law enforcement agencies, officials, and organizations, including Illinois chiefs of police, the Illinois State Police, the Illinois Sheriffs Association, and the Chicago Police Department, and community groups and other experts, shall undertake a study to determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data required by this Section. The Department shall report its findings and recommendations to the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
| | determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data required by this Section.
|
| (2) The Task Force shall be an independent Task Force
| | under the Illinois Criminal Justice Information Authority for administrative purposes, and shall consist of the following members:
|
| (A) 2 academics or researchers who have studied
| | issues related to traffic or pedestrian stop data collection and have education or expertise in statistics;
|
| (B) one professor from an Illinois university who
| | specializes in policing and racial equity;
|
| (C) one representative from the Illinois State
| | (D) one representative from the Chicago Police
| | (E) one representative from the Illinois Chiefs
| | (F) one representative from the Illinois Sheriffs
| | (G) one representative from the Chicago Fraternal
| | (H) one representative from the Illinois
| | Fraternal Order of Police;
|
| (I) the Executive Director of the American Civil
| | Liberties Union of Illinois, or his or her designee; and
|
| (J) 5 representatives from different community
| | organizations who specialize in civil or human rights, policing, or criminal justice reform work, and that represent a range of minority interests or different parts of the State.
|
| (3) The Illinois Criminal Justice Information
| | Authority may consult, contract, work in conjunction with, and obtain any information from any individual, agency, association, or research institution deemed appropriate by the Authority.
|
| (4) The Task Force shall report its findings and
| | recommendations to the Governor and the General Assembly by March 1, 2022 and every 3 years after.
|
| (h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
| | having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
|
| (2) "Asian" means a person having origins in any of
| | the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
|
| (2.5) "Badge" means an officer's department issued
| | identification number associated with his or her position as a police officer with that department.
|
| (3) "Black or African American" means a person having
| | origins in any of the black racial groups of Africa.
|
| (4) "Hispanic or Latino" means a person of Cuban,
| | Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
|
| (5) "Native Hawaiian or Other Pacific Islander" means
| | a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
|
| (6) "White" means a person having origins in any of
| | the original peoples of Europe, the Middle East, or North Africa.
|
| (i) (Blank).
(Source: P.A. 102-465, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-1047, eff. 1-1-25.)
|
625 ILCS 5/11-213 (625 ILCS 5/11-213) (Text of Section before amendment by P.A. 103-667 ) Sec. 11-213. Power of a fire department officer; highway or lane closure. In the absence of a law enforcement officer or a representative of the highway agency having jurisdiction over the highway, an officer of a fire department, in the
performance of his or her official duties, has the authority to
close to traffic a highway, or a lane or lanes of a highway, as
necessary to protect the safety of persons or property. In order to promote the safe implementation of this Section, the fire department officer shall utilize an official fire department vehicle with lighted red or white oscillating, rotating, or flashing lights in accordance with Section 12-215 of this Code and proper temporary traffic control in accordance with the sections of the Illinois Manual on Uniform Traffic Control Devices concerning temporary traffic control and incident management. The officer should also receive training in safe practices for accomplishing these tasks near traffic. This Section does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority.
As used in this Section, "highway" has the meaning set forth in Section 1-126 of this Code.
(Source: P.A. 95-803, eff. 1-1-09.) (Text of Section after amendment by P.A. 103-667 ) Sec. 11-213. Power of a fire department officer; highway or lane closure. In the absence of a law enforcement officer or a representative of the highway agency having jurisdiction over the highway, an officer of a fire department, in the performance of his or her official duties, has the authority to close to traffic a highway, or a lane or lanes of a highway, as necessary to protect the safety of persons or property. In order to promote the safe implementation of this Section, the fire department officer shall utilize an official fire department vehicle with oscillating, rotating, or flashing lights in accordance with Section 12-215 of this Code and proper temporary traffic control in accordance with the sections of the Illinois Manual on Uniform Traffic Control Devices concerning temporary traffic control and incident management. The officer should also receive training in safe practices for accomplishing these tasks near traffic. This Section does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority. As used in this Section, "highway" has the meaning set forth in Section 1-126 of this Code. (Source: P.A. 103-667, eff. 1-1-25.) |
625 ILCS 5/11-214 (625 ILCS 5/11-214) Sec. 11-214. (Repealed).
(Source: P.A. 97-291, eff. 1-1-12. Repealed by P.A. 101-328, eff. 1-1-20 .) |
625 ILCS 5/11-215 (625 ILCS 5/11-215) Sec. 11-215. Secretary of State to provide information on use of truck global positioning systems. (a) The Secretary of State shall include in its commercial drivers license curriculum and study guide the distinctions between utilizing a truck-attributed global positioning system device and other non-truck-attributed global positioning system devices. (b) The Secretary of State shall develop a brochure regarding the distinctions between utilizing a truck-attributed global positioning system device and other non-truck-attributed global positioning system devices and shall make this brochure available at all Secretary of State facilities where an applicant may obtain or renew a commercial drivers license.
(Source: P.A. 97-291, eff. 1-1-12.) |
625 ILCS 5/11-216 (625 ILCS 5/11-216) Sec. 11-216. Secretary of State to provide information on human trafficking. The Secretary of State shall include in its commercial drivers license curriculum and study guide information on the human trafficking problem in this State. The Secretary shall adopt rules to implement this Section.
(Source: P.A. 100-357, eff. 1-1-18 .) |
625 ILCS 5/Ch. 11 Art. III
(625 ILCS 5/Ch. 11 Art. III heading)
ARTICLE III.
TRAFFIC SIGNS,
SIGNALS, AND MARKINGS
|
625 ILCS 5/11-301
(625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)
Sec. 11-301.
Department to adopt sign manual.
(a) The Department shall adopt a State manual and specifications for a
uniform system of traffic-control devices consistent with this Chapter for
use upon highways within this State. Such manual shall include the
adoption of the R 7-8 sign adopted by the United States Department of
Transportation to designate the reservation of parking
facilities for a person with disabilities.
Non-conforming signs in use prior to January
1, 1985 shall not constitute a violation during their useful lives, which
shall not be extended by other means than normal maintenance. The manual
shall also specify insofar
as practicable the minimum warrants justifying the use of the various
traffic control devices. Such uniform system shall correlate with and,
where not inconsistent with Illinois highway conditions, conform to the
system set forth in the most recent edition of the national manual on
Uniform Traffic Control Devices for Streets and Highways.
(b) Signs adopted by the Department to designate the reservation of
parking facilities for a person with disabilities shall also exhibit, in a
manner determined by the Department, the words "$100 Fine".
(c) If the amount of a fine is changed, the Department shall change the
design of the
signs to indicate
the current amount of the fine.
(Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)
|
625 ILCS 5/11-301.1
(625 ILCS 5/11-301.1) (from Ch. 95 1/2, par. 11-301.1)
Sec. 11-301.1.
Beginning July 1, 1988, all signs erected and used to
designate the reservation of parking facilities for a person with disabilities
shall be in a form and manner prescribed under Section 11-301 of this Code, and
all parking spaces reserved for a person with disabilities, except those
reserving on-street parking areas, shall be at least 16 feet wide.
Non-conforming signs in use prior to July 1, 1988 shall not constitute a
violation during their useful lives, which shall not be extended by means other
than normal maintenance. Beginning October 1, 1992, all parking spaces reserved
for a person with disabilities, except those reserving on-street parking areas,
shall be at least 16 feet wide.
(Source: P.A. 87-562; 88-685, eff. 1-24-95.)
|
625 ILCS 5/11-302
(625 ILCS 5/11-302) (from Ch. 95 1/2, par. 11-302)
Sec. 11-302.
Authority to designate through highway and stop and yield
intersections.
(a) The Department with reference to State highways under its
jurisdiction, and local authorities
with reference to other highways under their jurisdiction, may designate
through highways and erect stop signs or yield signs at specified entrances
thereto, or may designate any intersection as a stop intersection or as a
yield intersection and erect stop signs or yield signs at one or more
entrances to such intersection. Designation of through highways and stop or
yield intersections and the erection of stop signs or yield signs on
township or road district roads are subject to the written approval of the
county engineer or superintendent of highways.
(b) Every stop sign and yield sign shall conform to the State Manual and
Specifications and shall be located as near as practicable to the nearest
line of the crosswalk on the near side of the intersection or, if there is
no crosswalk, then as close as practicable to the nearest line of the
intersecting roadway.
(c) The Department may in its discretion and when traffic conditions
warrant such action give preference to traffic upon any of the State
highways under its jurisdiction over traffic crossing or entering such
highway by erecting appropriate traffic control devices.
(Source: P.A. 93-177, eff. 7-11-03.)
|
625 ILCS 5/11-303
(625 ILCS 5/11-303) (from Ch. 95 1/2, par. 11-303)
Sec. 11-303. The Department to place signs on all State highways.
(a) The Department shall place and maintain such traffic-control
devices, conforming to its manual and specifications on all highways
under its jurisdiction as it shall deem necessary to indicate and to
carry out the provisions of this Chapter or to regulate, warn or guide traffic. These traffic control devices shall include temporary stop signs placed as a substitute for missing or damaged permanent stop signs required by the State Manual. Temporary stop signs shall be placed in a manner to provide adequate visibility and legibility, and shall be placed within duration recommendations in the State Manual, unless circumstances require longer placement.
(b) No local authority shall place or maintain any traffic-control
device upon any highway under the jurisdiction of the Department except
by the latter's permission.
(c) The Department shall erect and maintain guide, warning and
direction signs upon highways in cities, towns and villages of which
portions or lanes of such highways are under the control and
jurisdiction of the Department or for which the Department has
maintenance responsibility.
(d) Nothing in this Chapter shall divest the corporate authorities
of park districts of power to prohibit or restrict the use of highways
under their jurisdiction by certain types or weights of motor vehicles
or the power of cities, villages, incorporated towns and park districts
to designate highways for one-way traffic or the power of such municipal
corporations to erect and maintain appropriate signs respecting such
uses.
(e) Nothing in this Section shall prohibit a municipality, township, or
county from erecting signs as required under the Illinois Adopt-A-Highway Act.
(Source: P.A. 99-124, eff. 1-1-16 .)
|
625 ILCS 5/11-304
(625 ILCS 5/11-304) (from Ch. 95 1/2, par. 11-304)
Sec. 11-304. Local traffic-control devices; tourist oriented businesses
signs.
Local authorities in their
respective maintenance jurisdiction shall place and maintain such
traffic-control devices, including temporary stop signs placed as a substitute for missing or damaged permanent stop signs required by the State Manual, upon highways under their maintenance jurisdiction
as are required to indicate and carry out the provisions of this Chapter,
and local traffic ordinances or to regulate, warn, or guide traffic. All
such traffic control devices shall conform to the State Manual and
Specifications and shall be justified by traffic warrants stated in the
Manual. Temporary stop signs shall be placed in a manner to provide adequate visibility and legibility, and shall be placed within duration recommendations in the State Manual, unless circumstances require longer placement. Placement of traffic-control devices on township or road district
roads also shall be subject to the written approval of the county engineer
or superintendent of highways.
Local authorities in their
respective maintenance jurisdictions shall have the authority to install signs,
in conformance with the State Manual and specifications, alerting motorists of
the tourist oriented businesses available on roads under
local jurisdiction in rural areas as may be required to guide motorists to the
businesses.
The local authorities and road district
highway commissioners shall also have the authority to sell or
lease space on these signs to the owners or operators of the businesses.
(Source: P.A. 99-124, eff. 1-1-16 .)
|
625 ILCS 5/11-305 (625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305) Sec. 11-305. Obedience to and required traffic-control devices. (a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed or held in accordance with the provisions of this Act, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Act. (b) It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic-control device. (c) No provision of this Act for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place. (d) Whenever any official traffic-control device is placed or held in position approximately conforming to the requirements of this Act and purports to conform to the lawful requirements pertaining to such device, such device shall be presumed to have been so placed or held by the official act or direction of lawful authority, and comply with the requirements of this Act, unless the contrary shall be established by competent evidence. (e) The driver of a vehicle approaching a traffic control signal on which no signal light facing such vehicle is illuminated shall stop before entering the intersection in accordance with rules applicable in making a stop at a stop sign. This provision does not apply to the driver of a vehicle approaching a pedestrian hybrid beacon. (f) Any violation of subsection (a) that occurs within a designated highway construction zone or maintenance zone shall result in a fine of no less than $100 and no more than $1,000. (Source: P.A. 103-158, eff. 1-1-24; 103-605, eff. 7-1-24.) |
625 ILCS 5/11-306
(625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
Sec. 11-306. Traffic-control signal legend. Whenever traffic is controlled
by traffic-control signals exhibiting different colored lights or color
lighted arrows, successively one at a time or in combination, only the
colors green, red and yellow shall be used, except for special pedestrian
signals carrying a word legend, and the lights shall indicate and apply to
drivers of vehicles and pedestrians as follows:
(a) Green indication.
1. Vehicular traffic facing a circular green signal | | may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
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2. Vehicular traffic facing a green arrow signal,
| | shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
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3. Unless otherwise directed by a pedestrian-control
| | signal, as provided in Section 11-307, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
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(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular yellow
| | or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.
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2. Pedestrians facing a steady circular yellow or
| | yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
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(b-5) Flashing yellow arrow indication.
1. Vehicular traffic facing a flashing yellow arrow
| | indication may cautiously enter the intersection only to make the movement indicated by the arrow and shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
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| 2. Pedestrians facing a flashing yellow arrow
| | indication, unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, may proceed across the roadway within any marked or unmarked crosswalk that crosses the lane or lanes used to depart the intersection by traffic controlled by the flashing yellow arrow indication. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.
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| (c) Steady red indication.
1. Except as provided in paragraphs 3 and 3.5 of this
| | subsection (c), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.
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2. Except as provided in paragraphs 3 and 3.5 of this
| | subsection (c), vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication permitting the movement indicated by such red arrow is shown.
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3. Except when a sign is in place prohibiting a turn
| | and local authorities by ordinance or State authorities by rule or regulation prohibit any such turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by paragraph 1 or paragraph 2 of this subsection. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction or roadways. Such driver shall yield the right of way to pedestrians within the intersection or an adjacent crosswalk.
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3.5. In municipalities with less than 2,000,000
| | inhabitants, after stopping as required by paragraph 1 or 2 of this subsection, the driver of a motorcycle or bicycle, facing a steady red signal which fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle due to the vehicle's size or weight, shall have the right to proceed, after yielding the right of way to oncoming traffic facing a green signal, subject to the rules applicable after making a stop at a stop sign as required by Section 11-1204 of this Code.
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| 4. Unless otherwise directed by a pedestrian-control
| | signal as provided in Section 11-307, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.
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(d) In the event an official traffic control signal is
erected and maintained
at a place other than an intersection, the provisions of this Section shall
be applicable except as to provisions which by their nature can have no
application. Any stop required shall be at a traffic sign or a marking
on the pavement indicating where the stop shall be made or, in the absence
of such sign or marking, the stop shall be made at the signal.
(e) The motorman of any streetcar shall obey the above signals as applicable
to vehicles.
(Source: P.A. 97-627, eff. 1-1-12; 97-762, eff. 7-6-12; 98-798, eff. 7-31-14.)
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625 ILCS 5/11-307
(625 ILCS 5/11-307) (from Ch. 95 1/2, par. 11-307)
Sec. 11-307.
Pedestrian-control signals.
Whenever special
pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" or
the illuminated symbols of a walking person or an upraised palm
are in place such signals shall indicate as follows:
(a) Walk or walking person symbol. Pedestrians facing such signal may
proceed across the
roadway in the direction of the signal, and shall be given the right of
way by the drivers of all vehicles.
(b) Don't Walk or upraised palm symbol. No pedestrian shall start to
cross the roadway in
the direction of such signal, but any pedestrian who has partly
completed his crossing on the Walk signal or walking person symbol shall
proceed to a sidewalk or
safety island while the "Don't Walk" signal or upraised palm symbol
is illuminated, steady, or
flashing.
(Source: P.A. 81-553.)
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625 ILCS 5/11-308
(625 ILCS 5/11-308) (from Ch. 95 1/2, par. 11-308)
Sec. 11-308.
Lane-control signals.
Whenever lane-control signals are used in conjunction with official
signs, they shall have the following meanings:
(a) Downward-pointing green arrow. A driver facing this indication
is permitted to drive in the lane over which the arrow signal is
located. Otherwise he shall obey all other traffic controls present and
follow normal safe driving practices.
(b) Red X symbol. A driver facing this indication shall not drive in
the lane over which the signal is located, and this indication shall
modify accordingly the meaning of all other traffic controls present.
Otherwise he shall obey all other traffic controls and follow normal
safe driving practices.
(c) Yellow X (steady). A driver facing this indication should
prepare to vacate the lane over which the signal is located, in a safe
manner to avoid, if possible, occupying that lane when a steady red X is
displayed.
(d) Flashing yellow arrow. A driver facing this indication may use the
lane only for the purpose of approaching and making a left turn.
(Source: P.A. 81-552.)
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625 ILCS 5/11-309
(625 ILCS 5/11-309) (from Ch. 95 1/2, par. 11-309)
Sec. 11-309.
Flashing Signals.
Whenever an illuminated flashing red or yellow signal is used in
conjunction with a traffic control device it shall require obedience by
vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop at a clearly marked
stop line, but if none, before entering the cross walk on the near side of
the intersection, or if none, then at a point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection and the right to
proceed shall be subject to the rules applicable after making a stop at a
stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
3. This section does not apply at railroad grade crossings. Conduct of
drivers of vehicles approaching railroad grade crossings shall be governed
by Section 11-1201 of this Act.
(Source: P.A. 76-2162.)
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625 ILCS 5/11-310
(625 ILCS 5/11-310) (from Ch. 95 1/2, par. 11-310)
Sec. 11-310.
Display of Unauthorized Signs, Signals or Markings.
(a) No person shall place, maintain or display upon or in view of any
highway any unauthorized sign, signal, marking, or device which purports to be
or is an imitation of or resembles an official traffic-control device or
railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the movement of traffic or the
effectiveness of an official traffic-control device or any railroad sign or
signal.
(b) No person shall place or maintain nor shall any public authority permit
upon any highway any traffic sign or signal bearing thereon any commercial
advertising.
(c) Every such prohibited sign, signal or marking is hereby declared to
be a public nuisance and the authority having jurisdiction over the highway
is hereby empowered to remove the same or cause it to be removed without notice.
(d) No person shall sell or offer for sale any traffic control device
to be used on any street or highway in this State which does not conform
to the requirements of this Chapter.
(e) This Section shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful directional information
and of a type that cannot be mistaken for official signs.
(f) This Section shall not be deemed to prohibit the erection of
Illinois Adopt-A-Highway signs by municipalities, townships, or counties as
provided in the Illinois Adopt-A-Highway Act.
(g) Any person failing to comply with this Section shall be guilty of
a Class A misdemeanor.
(Source: P.A. 87-1118.)
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625 ILCS 5/11-311
(625 ILCS 5/11-311) (from Ch. 95 1/2, par. 11-311)
Sec. 11-311.
Interference with official traffic-control devices or
railroad signs or signals.
No person shall without lawful authority attempt to or in fact alter,
deface, injure, knock down, or remove any official traffic-control
device, or any railroad sign or signal or any inscription, shield, or
insignia thereon, or any other part thereof.
Every person who is convicted of a violation of this Section shall be guilty
of a Class A misdemeanor, punishable by a fine of at least $250 in addition
to any other penalties which may be imposed.
(Source: P.A. 83-672.)
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625 ILCS 5/11-312
(625 ILCS 5/11-312) (from Ch. 95 1/2, par. 11-312)
Sec. 11-312.
Unlawful Use or Damage to Highways, Appurtenances and Structures.
It shall be unlawful for any person to wilfully injure or damage any public
highway or street or any bridge or culvert, or to wilfully damage,
injure or remove any sign, signpost, or structure upon or used or constructed
in connection with any public highway or street for the protection thereof
or for protection or regulation of traffic thereon by any wilfully unusual,
improper or unreasonable use thereof, or by wilfully careless driving or
use of any vehicle thereon, or by the wilful
mutilation, defacing, destruction or removal thereof.
Every person who is convicted of a violation of this Section shall be guilty
of a Class A misdemeanor, punishable by a fine of at least $250 in addition
to any other penalty which may be imposed.
(Source: P.A. 83-672.)
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625 ILCS 5/11-313
(625 ILCS 5/11-313) (from Ch. 95 1/2, par. 11-313)
Sec. 11-313.
Unlawful possession of highway sign or marker.
The Department and local authorities, with reference to traffic
control signs, signals, or markers owned by the Department or local
authority, are authorized to indicate the ownership of the signs,
signals, or markers in letters not less than
3/8 inch or more than 3/4 inch in height, by use of a metal stamp,
etching, or other permanent means and, except for employees of the
Department or local authorities, police officers, contractors and their
employees engaged in a highway construction contract or work on the
highway approved by the Department or local authority, it is unlawful
for any person to possess such sign, signal, or marker so
identified.
(Source: P.A. 91-512, eff. 8-13-99.)
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625 ILCS 5/11-315 (625 ILCS 5/11-315) Sec. 11-315. Paved bicycle trail signage. For the purposes of this Section, "paved bicycle trail" includes trails accommodating bicycle traffic composed of aggregate, asphalt, bituminous treatment, concrete, crushed limestone, or any combination thereof. The authority having maintenance jurisdiction over publicly owned paved bicycle trails in the State shall erect permanent regulatory or warning signage alerting pedestrians or cyclists of highway crossings. If the authority having maintenance jurisdiction over publicly owned bicycle trails has actual knowledge of an emergency or safety hazard that creates a dangerous condition on a publicly owned paved bicycle trail, the authority shall take reasonable steps to erect temporary signage alerting pedestrians or cyclist of the dangerous condition. The Department with reference to State highways under its jurisdiction, and the local authority with reference to other highways under its jurisdiction, shall erect or install permanent signage or markings warning vehicular traffic in advance of bicycle trail crossings. Permanent signage erected or installed as part of this Section shall conform with the State manual and permanent advanced warning signage shall be located at least 150 feet in advance of the crossing. This Section shall not apply to rustic or primitive trails. (Source: P.A. 103-386, eff. 1-1-24 .) |
625 ILCS 5/Ch. 11 Art. IV
(625 ILCS 5/Ch. 11 Art. IV heading)
ARTICLE IV. CRASHES
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-401
(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
Sec. 11-401. Motor vehicle crashes involving death or personal injuries.
(a) The driver of any vehicle involved in a motor vehicle crashes
resulting in personal injury to or death of any person shall immediately stop
such vehicle at the scene of such crash, or as close thereto as possible
and shall then forthwith return to, and in every event shall remain at the
scene of the crash until the requirements of Section 11-403 have been
fulfilled. Every such stop shall be made without obstructing traffic more
than is necessary.
(b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in no case
later than one-half hour after such motor
vehicle crash, or, if hospitalized and incapacitated from reporting at any
time during such period, as soon as possible but in no case later than one-half
hour
after
being discharged from the
hospital, report the place of the crash, the date, the approximate time,
the
driver's name and address, the registration number of the vehicle
driven, and the names of all other occupants of
such vehicle, at a police station or sheriff's office near the place where
such crash occurred. No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a).
(b-1) Any person arrested for violating this Section is subject to chemical testing of his or her blood, breath, other bodily substance, or urine for the presence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, as provided in Section 11-501.1, if the testing occurs within 12 hours of the time of the occurrence of the crash that led to his or her arrest. The person's driving privileges are subject to statutory summary suspension under Section 11-501.1 if he or she fails testing or statutory summary revocation under Section 11-501.1 if he or she refuses to undergo the testing.
For purposes of this Section, personal injury shall mean any injury
requiring immediate professional treatment in a medical facility or
doctor's office.
(c) Any person failing to comply with paragraph (a) shall be guilty of a Class 4 felony.
(d) Any person failing to comply with paragraph (b) is
guilty
of
a Class 2 felony if the
motor vehicle crash does not result in the death of any person.
Any person failing to comply with paragraph (b)
when the crash results in the death of
any person is guilty of a Class 1
felony.
(e) The Secretary of State shall revoke the driving privilege of any person
convicted of a violation of this Section.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-402
(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
Sec. 11-402. Motor vehicle crash involving damage to vehicle. (a)
The driver of any vehicle involved in a motor vehicle crash
resulting only in damage to a vehicle which is driven or attended by any person shall
immediately stop such vehicle at the scene of such motor vehicle crash
or as close thereto as possible, but shall forthwith return to and in every event
shall remain at the scene of such motor vehicle crash until the
requirements of Section 11-403 have been fulfilled. A driver does not violate this Section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and
remains at that location until the driver has fulfilled the requirements of Section 11-403. Every such stop
shall be made without obstructing traffic
more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(b) Upon conviction of a violation of this Section, the court shall make
a finding as to whether the damage to a vehicle is in excess of $1,000,
and in such case a statement of this finding shall be reported to the Secretary
of State with the report of conviction as required by Section 6-204 of this
Code. Upon receipt of such report of conviction and statement of finding
that the damage to a vehicle is in excess of $1,000, the Secretary of State
shall suspend the driver's license or any nonresident's driving privilege. (c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code. (d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-403
(625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
Sec. 11-403. Duty to give information and render aid. The driver of any vehicle involved in a motor vehicle crash
resulting in injury to or death of any person or damage to any vehicle which
is driven or attended by any person shall give the driver's
name, address, registration number and owner of the vehicle
the driver is operating and shall upon request and
if available exhibit such driver's license to the person struck
or the driver
or occupant of or person attending any vehicle collided with
and shall render to any person injured in such crash reasonable
assistance, including the carrying or the making of arrangements for the
carrying of such person to a physician, surgeon or hospital for medical
or surgical treatment, if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person.
If none of the persons entitled to information pursuant to this
Section is in condition to receive and understand such information and
no police officer is present, such driver after rendering reasonable
assistance shall forthwith report such motor vehicle crash at the
nearest office of a duly authorized police authority, disclosing the
information
required by this Section.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-404 (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404) (Text of Section before amendment by P.A. 103-1047 ) Sec. 11-404. Duty upon damaging unattended vehicle or other property. (a) The driver of any vehicle which collides with or is involved in a motor
vehicle crash with any vehicle which is unattended, or other property,
resulting in any damage to such other vehicle or property shall
immediately stop and shall then and there either locate and notify the
operator or owner of such vehicle or other
property of the driver's name, address, registration
number and owner of the vehicle the driver was operating or shall
attach securely in a conspicuous place on or in the vehicle
or other property struck a written notice giving the driver's
name, address, registration number and owner of the
vehicle the driver was driving and shall without unnecessary
delay notify the nearest office of a duly authorized police authority and
shall make a written report of such crash when and as required in
Section 11-406. Every such stop shall be made without
obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
(b) Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor. (c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code. (d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.
(Source: P.A. 102-982, eff. 7-1-23 .) (Text of Section after amendment by P.A. 103-1047 ) Sec. 11-404. Duty upon damaging unattended vehicle or other property. (a) The driver of any vehicle which collides with or is involved in a motor vehicle crash with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such crash when and as required in Section 11-407. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. (b) Any person failing to comply with this Section shall be guilty of a Class A misdemeanor. (c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code. (d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213. (Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.) |
625 ILCS 5/11-406
(625 ILCS 5/11-406)
Sec. 11-406. (Repealed).
(Source: P.A. 95-754, eff. 1-1-09. Repealed by P.A. 102-560, eff. 8-20-21.)
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625 ILCS 5/11-407 (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407) (Text of Section before amendment by P.A. 103-1047 ) Sec. 11-407. Immediate notice of crash. (a) The driver of a vehicle which is in any manner involved in a crash described in Section 11-406 of this Chapter shall, if no police
officer is present, give notice of the crash by the fastest available
means of communication to the local police department if such crash
occurs within a municipality or otherwise to the nearest office of the
county sheriff or nearest headquarters of the Illinois State Police. (b) Whenever the driver of a vehicle is physically incapable of giving
immediate notice of a crash as required in Subsection (a) and there was
another occupant in the vehicle at the time of the crash capable of
doing so, that occupant must give notice as required in Subsection (a). (Source: P.A. 102-982, eff. 7-1-23 .) (Text of Section after amendment by P.A. 103-1047 ) Sec. 11-407. Immediate notice of crash. (a) The driver of a vehicle that is in any manner involved in a crash in this State that requires notice to be given to the local police department, the county sheriff, or the Illinois State Police under this Section shall, if no police officer is present, give notice of the crash by the fastest available means of communication to the local police department if such crash occurs within a municipality or otherwise to the nearest office of the county sheriff or nearest headquarters of the Illinois State Police. Notice is required to be given under this subsection (a) if the crash: (1) results in injury to or death of any person; (2) results in damage to the property of any person, including the driver, in excess of $1,500 (or $500 if any of the vehicles involved in the accident is subject to Section 7-601 but is not covered by a liability insurance policy) in accordance with Section 7-601; (3) if a school bus is involved in the crash and the crash is caused by a collision, a sudden stop, or otherwise, and the crash results in any property damage, personal injury, or death; or (4) if the crash occurs within 50 feet of a school bus and results in personal injury to or death of any person who is awaiting or preparing to board the school bus or immediately after the person exits the school bus. (b) Whenever the driver of a vehicle is physically incapable of giving immediate notice of a crash as required in Subsection (a) and there was another occupant in the vehicle at the time of the crash capable of doing so, that occupant must give notice as required in Subsection (a). (Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.) |
625 ILCS 5/11-408
(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
Sec. 11-408. Police to report motor vehicle crash investigations.
(a) Every law enforcement officer who investigates a motor vehicle crash
for which a report is required by this Article or who prepares a written
report as a result of an investigation either at the time and scene of such
motor vehicle crash or thereafter by interviewing participants or
witnesses shall forward a written report of such motor vehicle crash
to the Administrator on forms provided by the Administrator under Section
11-411 within 10 days after investigation of the motor
vehicle crash, or within such other time as is prescribed by the
Administrator.
Such written reports and the information contained in those reports required to be forwarded by law enforcement officers
shall not be held confidential by the reporting law
enforcement officer or agency. The Secretary of State may also disclose
notations of crash involvement maintained on individual driving records. However, the Administrator or the
Secretary of State may require a supplemental written report from the
reporting law enforcement officer.
(b) The Department at its discretion may require a supplemental written
report from the reporting law enforcement officer on a form supplied by the
Department to be submitted directly to the Department. Such supplemental
report may be used only for crash studies and statistical or analytical
purposes under Section 11-412 or 11-414 of this Code.
(c) The Department at its discretion may provide for in-depth
investigations of crashes involving Department employees or other motor vehicle crashes by individuals or
special investigation groups, including but not limited to police officers,
photographers,
engineers, doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs, charts, sketches,
graphs, or a combination of all. Such individual written reports,
photographs, charts, sketches, or graphs may be used only for crash
studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.
(d) On and after July 1, 1997, law enforcement officers who have reason to
suspect that the motor
vehicle crash was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical Review Law of
1992, or the result of any medical condition that impaired the
driver's ability to safely operate a motor vehicle shall notify the Secretary
of
this determination. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
The
Secretary shall, in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies, promulgate any
rules necessary and develop the procedures and documents that may be required
to
obtain written, electronic, or other agreed upon methods of notification to
implement the provisions of this Section.
(e) Law enforcement officers reporting under the provisions of subsection
(d) of this Section shall enjoy the same immunities granted members of the
Driver's License Medical Advisory Board under Section 6-910 of this Code.
(f) All information furnished to the Secretary under subsection (d) of this
Section shall be deemed confidential and for the privileged use of the
Secretary in accordance with the provisions of subsection (j) of Section 2-123
of this Code.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-409
(625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
Sec. 11-409. False motor vehicle crash reports or notices. Any
person who provides information in an oral or written report required by
this Code with knowledge or reason to believe that such
information is false shall be guilty of a Class C misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-410
(625 ILCS 5/11-410)
Sec. 11-410. (Repealed).
(Source: P.A. 83-831. Repealed by P.A. 102-560, eff. 8-20-21.)
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625 ILCS 5/11-411
(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
Sec. 11-411. Crash report forms.
(a) The Administrator must prepare and upon request supply to police
departments, sheriffs and other appropriate agencies or individuals, forms
for written crash reports as required hereunder, suitable with respect
to the persons required to make such reports and the purposes to be served.
The written reports must call for sufficiently detailed information to
disclose with reference to a vehicle crash the cause, conditions then
existing, and the persons and vehicles involved or any other data
concerning such crash that may be required for a complete analysis of
all related circumstances and events leading to the crash or subsequent
to the occurrence.
(b) Every crash report required to be made in writing must be made on
an approved form or in an approved electronic format provided by the Administrator and must
contain all the information required therein unless that information is not
available. The Department shall adopt any rules necessary to implement this subsection (b).
(c) Should special crash studies be required by the Administrator,
the Administrator may provide the supplemental forms for the special
studies.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-412
(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
Sec. 11-412. Motor vehicle crash reports confidential. (a) All required
written motor vehicle crash reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle crash
when such identity is not otherwise known or when such person denies his presence at such motor vehicle crash and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of crash involvement maintained on
individual driving records. (b) Upon written request, the Department shall
furnish copies of its written crash reports or any supplemental reports to federal, State, and local
agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports
furnished to any agency, person, or entity other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency, person, or entity.
These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle crash, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written or supplemental report, or upon demand of any
court, a certificate showing that a specified written crash report or supplemental report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written or supplemental report
be made to the Administrator.
(c) Upon written request, the Department shall furnish motor vehicle crash data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code. (d) The Department at its discretion may provide for
in-depth investigations of crashes involving Department employees or other motor vehicle crashes. A
written report describing the preventability of such a crash may be
prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those reports and
any opinions expressed in the review of the crash as to the
preventability of the crash shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-413
(625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
Sec. 11-413. Coroners to report. All coroners shall
on or before the 10th day of each month report in writing to the Administrator
the death of any person within their respective jurisdiction,
during the preceding calendar month, as the result of a traffic crash giving the
time and place of the crash and the circumstances relating thereto.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-414 (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414) (Text of Section before amendment by P.A. 103-1047 ) Sec. 11-414. Department to tabulate and analyze motor vehicle crash
reports. The Department shall tabulate and may analyze all written motor
vehicle crash reports received in compliance with this Code
and shall publish annually or at more frequent intervals motor vehicle crash data. The Department: 1. (blank); 2. shall, upon written request, make available to | | the public motor vehicle crash data that shall be distributed under Sections 11-412 and 11-417 of this Code;
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| 3. may conduct special investigations of motor
| | vehicle crashes and may solicit supplementary reports from drivers, owners, police departments, sheriffs, coroners, or any other individual. Failure of any individual to submit a supplementary report subjects such individual to the same penalties for failure to report as designated under Section 11-406.
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| (Source: P.A. 102-982, eff. 7-1-23 .)
(Text of Section after amendment by P.A. 103-1047 )
Sec. 11-414. Department to tabulate and analyze motor vehicle crash reports. The Department shall tabulate and may analyze all written motor vehicle crash reports received in compliance with this Code and shall publish annually or at more frequent intervals motor vehicle crash data. The Department:
1. (blank);
2. shall, upon written request, make available to the
| | public motor vehicle crash data that shall be distributed under Sections 11-412 and 11-417 of this Code;
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| 3. may conduct special investigations of motor
| | vehicle crashes and may solicit supplementary reports from drivers, owners, police departments, sheriffs, coroners, or any other individual. Failure of any individual to submit a supplementary report subjects such individual to the same penalties for failure to report as designated under Section 11-407.
|
| (Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.)
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625 ILCS 5/11-415
(625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
Sec. 11-415. Municipalities may require traffic crash reports. Municipalities may by ordinance require that the driver or owner of
a vehicle involved in a traffic crash file with the designated municipal
office a written
report of such crash. All such reports shall be for the confidential
use of the municipal office and subject to the provisions of Section 11-412.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-416 (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416) (Text of Section before amendment by P.A. 103-706 )
Sec. 11-416. Furnishing
copies - Fees.
The Illinois State Police may furnish copies of an Illinois
State Police Traffic Crash Report that has been investigated by the Illinois
State Police and shall be paid a fee of $5 for each such
copy, or in the case of a crash which was investigated by a crash
reconstruction officer or crash reconstruction team, a fee of $20 shall be
paid. These fees shall be deposited into the State Police Services Fund.
Other State law enforcement agencies or law enforcement agencies of
local authorities may furnish copies of traffic crash reports
prepared by such agencies and may receive a fee not to exceed $5 for each
copy or in the case of a crash which was investigated by a crash
reconstruction officer or crash reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written crash report required or requested to be furnished the
Administrator shall be provided without cost or fee charges authorized
under this Section or any other provision of law.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
(Text of Section after amendment by P.A. 103-706 ) Sec. 11-416. Furnishing copies; fees. The Illinois State Police may furnish copies of an Illinois State Police Traffic Crash Report that has been investigated by the Illinois State Police and shall be paid a fee of $5 for each such copy, or in the case of a crash which was investigated by a crash reconstruction officer or crash reconstruction team, a fee of $20 shall be paid. These fees shall be deposited into the State Police Services Fund. The Department may use an online payment system for these fees. Other State law enforcement agencies or law enforcement agencies of local authorities may furnish copies of traffic crash reports prepared by such agencies and may receive a fee not to exceed $5 for each copy or in the case of a crash which was investigated by a crash reconstruction officer or crash reconstruction team, the State or local law enforcement agency may receive a fee not to exceed $20. Any written crash report required or requested to be furnished the Administrator shall be provided without cost or fee charges authorized under this Section or any other provision of law. (Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; 103-706, eff. 1-1-25.) |
625 ILCS 5/11-417 (625 ILCS 5/11-417) Sec. 11-417. Motor vehicle crash report and motor vehicle crash data. (a) Upon written request and payment of the required fee, the Department shall make available to the public motor vehicle crash data received in compliance with this Code. The Department shall adopt any rules necessary to establish a fee schedule for motor vehicle crash data made available under Section 11-414 of this Code. (b) The Department shall provide copies of a written motor vehicle crash report or motor vehicle crash data without any cost or fees authorized under any provision of law to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. (c) All fees collected under this Section shall be placed in the Road Fund to be used, subject to appropriation, for the costs associated with motor vehicle crash records and motor vehicle crash data.
(Source: P.A. 102-982, eff. 7-1-23 .) |
625 ILCS 5/Ch. 11 Art. V
(625 ILCS 5/Ch. 11 Art. V heading)
ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE,
TRANSPORTING ALCOHOLIC LIQUOR,
AND RECKLESS DRIVING
(Source: P.A. 99-78, eff. 7-20-15.) |
625 ILCS 5/11-500 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of interpreting Sections
6-206.1 and 6-208.1 of this Code, "first offender" shall mean any person
who has not had a previous conviction or court assigned supervision for
violating Section 11-501, or a similar provision of a local ordinance,
or a conviction in any other state for a violation of driving while under
the influence or a similar offense where the cause of action is the same
or substantially similar to this Code or similar offenses committed on a military installation, or any person who has not had a driver's license suspension pursuant to paragraph 6 of subsection (a) of Section 6-206 as the result of refusal of chemical testing in another state, or any
person who has not had a driver's license
suspension or revocation for violating Section 11-501.1 within 5 years prior to the date of
the
current offense, except in cases where the driver submitted to
chemical testing resulting in an alcohol concentration of 0.08 or
more,
or any amount of a drug, substance, or compound in such person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in the
Illinois
Controlled Substances Act, or an intoxicating compound listed in the Use
of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and
was subsequently found not guilty of violating Section 11-501, or a similar
provision of a local ordinance. (Source: P.A. 99-697, eff. 7-29-16.) |
625 ILCS 5/11-500.1
(625 ILCS 5/11-500.1)
Sec. 11-500.1. Immunity.
(a) A person authorized under this Article to withdraw blood or collect
urine or other bodily substance shall not be civilly liable for damages when the person, in good faith,
withdraws blood or collects urine or other bodily substance for evidentiary purposes under this Code,
upon the request of a law enforcement officer, unless the act is performed in a
willful and wanton manner.
(b) As used in this Section, "willful and wanton manner" means a course of
action that shows an actual or deliberate intention to cause harm or which, if
not intentional, shows an utter indifference to or conscious disregard for the
health or safety of another.
(Source: P.A. 99-697, eff. 7-29-16.)
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625 ILCS 5/11-501 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood, | | other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
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| (2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
| | or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
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| (4) under the influence of any other drug or
| | combination of drugs to a degree that renders the person incapable of safely driving;
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| (5) under the combined influence of alcohol, other
| | drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;
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| (6) there is any amount of a drug, substance, or
| | compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; or
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| (7) the person has, within 2 hours of driving or
| | being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code. Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.
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| (b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
| | person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
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| (2) A person who violates subsection (a) or a similar
| | provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.
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| (3) A person who violates subsection (a) is subject
| | to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.
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| (4) A person who violates subsection (a) a first
| | time, if the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.
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| (5) A person who violates subsection (a) a second
| | time, if at the time of the second violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
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| (d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation
| | of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
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| (A) the person committed a violation of
| | subsection (a) or a similar provision for the third or subsequent time;
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| (B) the person committed a violation of
| | subsection (a) while driving a school bus with one or more passengers on board;
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| (C) the person in committing a violation of
| | subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
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| (D) the person committed a violation of
| | subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of
| | subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle crash that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;
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| (F) the person, in committing a violation of
| | subsection (a), was involved in a motor vehicle crash or snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;
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| (G) the person committed a violation of
| | subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;
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| (H) the person committed the violation while he
| | or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;
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| (I) the person committed the violation while he
| | or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
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| (J) the person in committing a violation of
| | subsection (a) was involved in a motor vehicle crash that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;
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| (K) the person in committing a second violation
| | of subsection (a) or a similar provision was transporting a person under the age of 16; or
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| (L) the person committed a violation of
| | subsection (a) of this Section while transporting one or more passengers in a vehicle for-hire.
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| (2)(A) Except as provided otherwise, a person
| | convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
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| (B) A third violation of this Section or a similar
| | provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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| (C) A fourth violation of this Section or a similar
| | provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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| (D) A fifth violation of this Section or a similar
| | provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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| (E) A sixth or subsequent violation of this Section
| | or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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| (F) For a violation of subparagraph (C) of paragraph
| | (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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| (G) A violation of subparagraph (F) of paragraph (1)
| | of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
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| (H) For a violation of subparagraph (J) of paragraph
| | (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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| (I) A violation of subparagraph (K) of paragraph (1)
| | of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle crash, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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| (J) A violation of subparagraph (D) of paragraph (1)
| | of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.
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| (3) Any person sentenced under this subsection (d)
| | who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
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| (e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-501.01 (625 ILCS 5/11-501.01) Sec. 11-501.01. Additional administrative sanctions. (a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. (b) Any person who is found guilty of or pleads guilty to violating Section 11-501, including any person receiving a disposition of court supervision for violating that Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State's Attorney's office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court. (c) (Blank). (d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance. (e) The Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of Section 11-501 or a similar provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (e), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of this Code. (f) (Blank). (g) The Secretary of State Police DUI Fund is created as a special fund in the State treasury and, subject to appropriation, shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including, but not limited to, the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol-related criminal violence throughout the State; police officer training and education in areas related to alcohol-related crime, including, but not limited to, DUI training; and police officer salaries, including, but not limited to, salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. (h) Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual's state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards. (i) (Blank).
(j) A person that is subject to a chemical test or tests of blood under subsection (a) of Section 11-501.1 or subdivision (c)(2) of Section 11-501.2 of this Code, whether or not that person consents to testing, shall be liable for the expense up to $500 for blood withdrawal by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or a qualified person other than a police officer approved by the Illinois State Police to withdraw blood, who responds, whether at a law enforcement facility or a health care facility, to a police department request for the drawing of blood based upon refusal of the person to submit to a lawfully requested breath test or probable cause exists to believe the test would disclose the ingestion, consumption, or use of drugs or intoxicating compounds if: (1) the person is found guilty of violating Section | | 11-501 of this Code or a similar provision of a local ordinance; or
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| (2) the person pleads guilty to or stipulates to
| | facts supporting a violation of Section 11-503 of this Code or a similar provision of a local ordinance when the plea or stipulation was the result of a plea agreement in which the person was originally charged with violating Section 11-501 of this Code or a similar local ordinance.
|
| (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
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625 ILCS 5/11-501.1
(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory summary
alcohol, other drug or drugs, or intoxicating compound or
compounds related suspension or revocation; implied consent. (a) Any person who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be deemed to have given
consent, subject to the provisions of Section 11-501.2, to a chemical test or
tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested,
as evidenced by the issuance of a Uniform Traffic Ticket, for any offense
as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the law enforcement officer shall request a chemical test or tests which shall be administered at the direction of the arresting
officer. The law enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered
even after a blood or breath test or both has
been administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an adjoining state, where
the person has been transported for medical care, to complete an
investigation and to request that the person submit to the test or tests
set forth in this Section. The requirements of this Section that the
person be arrested are inapplicable, but the officer shall issue the person
a Uniform Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the Uniform Traffic Ticket
shall not constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this Section and
of the officer's belief of the existence of probable cause to
arrest. Upon returning to this State, the officer shall file the Uniform
Traffic Ticket with the Circuit Clerk of the county where the offense was
committed, and shall seek the issuance of an arrest warrant or a summons
for the person. (a-5) (Blank). (b) Any person who is dead, unconscious, or who is otherwise in a condition
rendering the person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of Section 11-501.2. (c) A person requested to submit to a test as provided above shall
be warned by the law enforcement officer requesting the test that a
refusal to submit to the test will result in the statutory summary
suspension of the person's privilege to operate a motor vehicle, as provided
in Section 6-208.1 of this Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned that a refusal to submit to the test, when the person was involved in a motor vehicle crash that caused personal injury or death to another, will result in the statutory summary revocation of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance or urine, a statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, will be imposed. If the person is also a CDL holder, he or she shall be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of cannabis as covered by the Cannabis Control Act, a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance, or urine, a disqualification of
the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, will be imposed. A person who is under the age of 21 at the time the person is requested to
submit to a test as provided above shall, in addition to the warnings provided
for in this Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or tests provided in
paragraph (a) of this Section and the alcohol concentration in the person's
blood, other bodily substance, or breath is greater than 0.00 and less than 0.08, a
suspension of the
person's privilege to operate a motor vehicle, as provided under Sections
6-208.2 and 11-501.8 of this Code, will be imposed. The results of this test
shall be admissible in a civil or criminal action or proceeding arising from an
arrest for an offense as defined in Section 11-501 of this Code or a similar
provision of a local ordinance or pursuant to Section 11-501.4 in prosecutions
for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012. These test
results, however, shall be admissible only in actions or proceedings directly
related to the incident upon which the test request was made. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall also immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. (e) Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph (d), the Secretary of State shall enter the
statutory summary suspension or revocation and disqualification for the periods specified in Sections
6-208.1 and 6-514, respectively,
and effective as provided in paragraph (g). If the person is a first offender as defined in Section 11-500 of this
Code, and is not convicted of a violation of Section 11-501
of this Code or a similar provision of a local ordinance, then reports
received by the Secretary of State under this Section shall, except during
the actual time the Statutory Summary Suspension is in effect, be
privileged information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect. A statutory summary revocation shall not be privileged information. (f) The law enforcement officer submitting the sworn report under paragraph
(d) shall serve immediate notice of the statutory summary suspension or revocation on the
person and the suspension or revocation and disqualification shall be effective as provided in paragraph (g). (1) In cases involving a person who is not a CDL | | holder where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood, other bodily substance, or urine or analysis of whole blood or other bodily substance establishes a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension shall begin as provided in paragraph (g).
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| (1.3) In cases involving a person who is a CDL holder
| | where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension and disqualification shall begin as provided in paragraph (g).
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| (1.5) The officer shall confiscate any Illinois
| | driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in paragraph (g). The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in paragraph (d).
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| (2) (Blank).
(g) The statutory summary suspension or revocation and disqualification
referred to in this Section shall
take effect on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply
whenever a person is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement officer,
the Secretary of State shall confirm the statutory summary suspension or revocation by
mailing a notice of the effective date of the suspension or revocation to the person and
the court of venue. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation shall not be mailed to the
person or entered to the record; instead, the sworn report shall
be
forwarded to the court of venue with a copy returned to the issuing agency
identifying any defect.
(i) As used in this Section, "personal injury" includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-501.2
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or proceeding arising out
of an arrest for an offense as defined in Section 11-501 or a similar local
ordinance or proceedings pursuant to Section 2-118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood
or breath at the time alleged, as determined by analysis of the person's blood,
urine, breath, or other bodily substance, shall be admissible. Where such test
is made the following provisions shall apply:
1. Chemical analyses of the person's blood, urine, | | breath, or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to standards promulgated by the Illinois State Police by a licensed physician, registered nurse, trained phlebotomist, licensed paramedic, or other individual possessing a valid permit issued by that Department for this purpose. The Director of the Illinois State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that Department and to certify the accuracy of breath testing equipment. The Illinois State Police shall prescribe regulations as necessary to implement this Section.
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2. When a person in this State shall submit to a
| | blood test at the request of a law enforcement officer under the provisions of Section 11-501.1, only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, trained phlebotomist, or licensed paramedic, or other qualified person approved by the Illinois State Police may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath, other bodily substance, or urine specimens.
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When a blood test of a person who has been taken to
| | an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, a trained phlebotomist acting under the direction of the physician, or licensed paramedic. The law enforcement officer requesting the test shall take custody of the blood sample, and the blood sample shall be analyzed by a laboratory certified by the Illinois State Police for that purpose.
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3. The person tested may have a physician, or a
| | qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
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4. Upon the request of the person who shall submit to
| | a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or such person's attorney.
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5. Alcohol concentration shall mean either grams of
| | alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
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6. Tetrahydrocannabinol concentration means either 5
| | nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance.
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| (a-5) Law enforcement officials may use validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of Section 11-501 or similar local ordinance by drivers suspected of driving under the influence of cannabis. The General Assembly finds that (i) validated roadside chemical tests are effective means to determine if a person is under the influence of cannabis and (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration are divided attention tasks that are intended to determine if a person is under the influence of cannabis. The purpose of these tests is to determine the effect of the use of cannabis on a person's capacity to think and act with ordinary care and therefore operate a motor vehicle safely. Therefore, the results of these validated roadside chemical tests and standardized field sobriety tests, appropriately administered, shall be admissible in the trial of any civil or criminal action or proceeding arising out of an arrest for a cannabis-related offense as defined in Section 11-501 or a similar local ordinance or proceedings under Section 2-118.1 or 2-118.2. Where a test is made the following provisions shall apply:
1. The person tested may have a physician, or a
| | qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to the standardized field sobriety test or tests administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
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| 2. Upon the request of the person who shall submit to
| | validated roadside chemical tests or a standardized field sobriety test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or the person's attorney.
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| 3. At the trial of any civil or criminal action or
| | proceeding arising out of an arrest for an offense as defined in Section 11-501 or a similar local ordinance or proceedings under Section 2-118.1 or 2-118.2 in which the results of these validated roadside chemical tests or standardized field sobriety tests are admitted, the person may present and the trier of fact may consider evidence that the person lacked the physical capacity to perform the validated roadside chemical tests or standardized field sobriety tests.
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| (b) Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of alcohol,
the concentration of alcohol in the person's blood or breath at the time
alleged as shown by analysis of the person's blood, urine, breath, or other
bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration
| | of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.
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2. If there was at that time an alcohol concentration
| | in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
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3. If there was at that time an alcohol concentration
| | of 0.08 or more, it shall be presumed that the person was under the influence of alcohol.
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4. The foregoing provisions of this Section shall not
| | be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.
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(b-5) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, the concentration of cannabis in the person's whole blood or other bodily substance at the time alleged as shown by analysis of the person's blood or other bodily substance shall give rise to the following presumptions:
1. If there was a tetrahydrocannabinol concentration
| | of 5 nanograms or more in whole blood or 10 nanograms or more in an other bodily substance as defined in this Section, it shall be presumed that the person was under the influence of cannabis.
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| 2. If there was at that time a tetrahydrocannabinol
| | concentration of less than 5 nanograms in whole blood or less than 10 nanograms in an other bodily substance, such facts shall not give rise to any presumption that the person was or was not under the influence of cannabis, but such fact may be considered with other competent evidence in determining whether the person was under the influence of cannabis.
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(c) 1. If a person under arrest refuses to submit to a chemical test
under
the provisions of Section 11-501.1, evidence of refusal shall be admissible
in any civil or criminal action or proceeding arising out of acts alleged
to have been committed while the person under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof was driving or in actual physical
control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to submit to
these tests or any ability to revoke the implied consent to these tests, if a
law enforcement officer has probable cause to believe that a motor vehicle
driven by or in actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds,
or any combination thereof
has caused the death or
personal injury to another, the law enforcement officer shall request, and that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or her blood, breath, other bodily substance, or
urine for the purpose of
determining the alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or imposition of driver's
license sanctions under Section 11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes any Type A
injury as indicated on the traffic crash report completed by a law
enforcement officer that requires immediate professional attention in either a
doctor's office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) If a person refuses validated roadside chemical tests or standardized field sobriety tests under Section 11-501.9 of this Code, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts committed while the person was driving or in actual physical control of a vehicle and alleged to have been impaired by the use of cannabis.
(e) Illinois State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Illinois State Police laboratories is subject to appropriation and until the Illinois State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with ISO/IEC 17025:2005.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-501.4
(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in
the regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of
blood, other bodily substance, or urine tests performed for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any
combination thereof, of an individual's blood, other bodily substance, or urine conducted upon persons
receiving
medical treatment in a hospital emergency room are admissible in evidence as a
business record exception to the hearsay rule only in prosecutions for any
violation of Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when each of the following criteria are met:
(1) the chemical tests performed upon an individual's | | blood, other bodily substance, or urine were ordered in the regular course of providing emergency medical treatment and not at the request of law enforcement authorities;
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(2) the chemical tests performed upon an individual's
| | blood, other bodily substance, or urine were performed by the laboratory routinely used by the hospital; and
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(3) results of chemical tests performed upon an
| | individual's blood, other bodily substance, or urine are admissible into evidence regardless of the time that the records were prepared.
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(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical tests
performed upon an individual's blood, other bodily substance, or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No person shall
be liable for civil damages as a result of the evidentiary use of chemical
testing of an individual's blood, other bodily substance, or urine test results under this Section, or as a
result of that person's testimony made available under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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625 ILCS 5/11-501.4-1
(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood, other bodily substance, or urine conducted in
the regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the results of blood, other bodily substance, or
urine
tests performed for the purpose of determining the content of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any combination
thereof, in an individual's blood, other bodily substance, or urine conducted upon persons
receiving medical treatment in a hospital emergency room for injuries resulting
from a motor vehicle crash shall be disclosed
to the Illinois State Police
or local law enforcement agencies of jurisdiction, upon request.
Such blood, other bodily substance, or urine tests are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of Section
11-501 of this Code or a similar provision of a local ordinance, or in
prosecutions for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment shall not be applicable with regard to tests performed upon
an
individual's blood, other bodily substance, or urine under the provisions of subsection (a) of this
Section. No person shall be liable for civil damages or professional discipline
as a result of the disclosure or reporting of the tests or the evidentiary
use of an
individual's blood, other bodily substance, or urine test results under this Section or Section 11-501.4
or as a result of that person's testimony made available under this Section or
Section 11-501.4, except for willful or wanton misconduct.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-501.5
(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
Sec. 11-501.5. Preliminary Breath Screening Test.
(a) If a law enforcement officer has reasonable suspicion to believe
that a person is
violating or has violated Section 11-501 or a similar provision of a local
ordinance, the officer, prior to an arrest, may request the person to
provide a sample of his or her breath for a preliminary breath screening
test using a portable device approved by the Illinois State Police.
The person may refuse the test.
The results of this preliminary breath screening test may be used by the
law enforcement officer for the purpose of assisting with the determination
of whether to require a chemical test as authorized under Sections 11-501.1
and 11-501.2, and the appropriate type of test to request. Any chemical
test authorized under Sections 11-501.1 and 11-501.2 may be requested by
the officer regardless of the result of the preliminary breath screening
test, if probable cause for an arrest exists. The result of a preliminary
breath screening test may be used by the defendant as evidence in any
administrative or court proceeding involving a violation of Section 11-501 or
11-501.1.
(b) The Illinois State Police shall create a pilot program to
establish
the effectiveness of pupillometer technology (the measurement of the pupil's
reaction to light) as a noninvasive technique to detect and measure possible
impairment of any person who drives or is in actual physical control of a motor
vehicle resulting from the suspected usage of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof. This technology
shall also be used to detect fatigue levels of the operator of a Commercial
Motor Vehicle as defined in Section 6-500(6), pursuant to Section 18b-105
(Part 395-Hours of Service of Drivers) of the Illinois Vehicle Code.
A State Police officer may request that the operator of a commercial motor
vehicle have his or her eyes examined or tested with a pupillometer device.
The person may refuse the examination or test. The State Police officer shall
have the device readily available to limit undue delays.
If a State Police officer has reasonable suspicion to believe that a
person is violating or has violated Section 11-501, the officer may use the
pupillometer technology, when available. The officer, prior to an arrest, may
request the person to have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination or test. The
results of this examination or test may be used by
the officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Sections 11-501.1 and 11-501.2 and
the appropriate type of test to request. Any chemical test authorized under
Sections 11-501.1 and 11-501.2 may be requested by the officer regardless of
the result of the pupillometer examination or test, if probable cause for an
arrest exists. The result of the examination or test may be used by the
defendant as evidence in any administrative or court proceeding involving a
violation of 11-501 or 11-501.1.
The pilot program shall last for a period of 18 months and involve the
testing of 15 pupillometer devices. Within 90 days of the completion of the
pilot project, the Illinois State Police shall file a report with the
President of the Senate and Speaker of the House evaluating the project.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/11-501.6 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) Sec. 11-501.6. Driver involvement in personal injury or fatal motor
vehicle crash; chemical test. (a) Any person who drives or is in actual control of a motor vehicle
upon the public highways of this State and who has been involved in a
personal injury or fatal motor vehicle crash, shall be deemed to have
given consent to a breath test using a portable device as approved by the
Illinois State Police or to a chemical test or tests
of blood, breath, other bodily substance, or
urine for the purpose of determining the content of alcohol,
other
drug or drugs, or intoxicating compound or compounds of such
person's blood if arrested as evidenced by the issuance of a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a similar provision of
a local ordinance, with the exception of equipment violations contained in
Chapter 12 of this Code, or similar provisions of local ordinances. The test
or tests shall be administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate which of the
aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered even
after a blood or breath test or both has been administered. Compliance with
this Section does not relieve such person from the requirements of Section
11-501.1 of this Code. (b) Any person who is dead, unconscious or who is otherwise in a
condition rendering such person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section. In
addition, if a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle crash, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well-being of the patient. (c) A person requested to submit to a test as provided above shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in such person's blood, other bodily substance, or urine, may
result in the suspension of such person's privilege to operate a motor vehicle. If the person is also a CDL holder, he or she shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis, as covered by the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood, other bodily substance, or urine, may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code.
The length of the suspension shall be the same as outlined in Section
6-208.1 of this Code regarding statutory summary suspensions. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance,
or intoxicating compound in such person's blood or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested under subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested under subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Upon receipt of the sworn report of a law enforcement officer, the
Secretary shall enter the suspension and disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th day following the date notice of the
suspension was given to the person. The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and such suspension and disqualification shall be effective
on the 46th day following the date notice was given. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or more,
or blood testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to such person at his or her address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day following the date
notice was given. In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or more,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis as listed in the Cannabis Control Act, a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the Uniform Traffic
Ticket and the suspension and disqualification shall be effective on the 46th day following the date
notice was given. Upon receipt of the sworn report of a law enforcement officer, the Secretary
shall also give notice of the suspension and disqualification to the driver by mailing a notice of
the effective date of the suspension and disqualification to the individual. However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension and disqualification shall not be mailed to the
person or entered to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency. (e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL privileges by
requesting an administrative hearing with the Secretary in accordance with
Section 2-118 of this Code. At the conclusion of a hearing held under
Section 2-118 of this Code, the Secretary may rescind, continue, or modify the
orders
of suspension and disqualification. If the Secretary does not rescind the orders of suspension and disqualification, a restricted
driving permit may be granted by the Secretary upon application being made and
good cause shown. A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6-206 of this Code. The provisions of Section 6-206 of
this Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified.
(f) (Blank). (g) For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic crash report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene. (Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .) |
625 ILCS 5/11-501.7
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
Sec. 11-501.7.
(a) As a condition of probation or discharge of a
person convicted of a violation of Section 11-501 of this Code, who was
less than 21 years of age at the time of the offense, or a person
adjudicated delinquent pursuant to the Juvenile Court Act of 1987, for violation of
Section 11-501 of this Code, the Court may order the offender to
participate in the Youthful Intoxicated Drivers' Visitation Program.
The Program shall consist of a supervised visitation as provided
by this Section by the person to at least one of the following, to the
extent that personnel and facilities are available:
(1) A State or private rehabilitation facility that | | cares for victims of motor vehicle crashes involving persons under the influence of alcohol.
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(2) A facility which cares for advanced alcoholics to
| | observe persons in the terminal stages of alcoholism, under the supervision of appropriately licensed medical personnel.
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(3) If approved by the coroner of the county where
| | the person resides, the county coroner's office or the county morgue to observe appropriate victims of motor vehicle crashes involving persons under the influence of alcohol, under the supervision of the coroner or deputy coroner.
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(b) The Program shall be operated by the appropriate probation
authorities of the courts of the various circuits. The youthful offender
ordered to participate in the Program shall bear all costs associated with
participation in the Program. A parent or guardian of the offender may
assume the obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the costs of
participation in the Program upon a finding of indigency.
(c) As used in this Section, "appropriate victims" means victims whose
condition is determined by the visit supervisor to demonstrate the results of
motor vehicle crashes involving persons under the influence of alcohol
without being excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation of victims or
persons with disabilities, a comprehensive counseling session with the visitation
supervisor at which the supervisor shall explain and discuss the
experiences which may be encountered during the visitation in order to
ascertain whether the visitation is appropriate.
(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-501.8
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons under age 21.
(a) A person who is less than 21 years of age and who drives or
is in actual physical control of a motor vehicle upon the
public highways of this State shall be deemed to have given consent to a
chemical test or tests of blood, breath, other bodily substance, or urine for the purpose of
determining the alcohol content of the person's blood if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition or
other first hand knowledge of the police officer. The test or tests shall be
administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. Up to 2 additional tests of urine or other bodily substance may be administered even after a blood or
breath test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine, | | breath, or other bodily substance, to be considered valid under the provisions of this Section, shall have been performed according to standards promulgated by the Illinois State Police by an individual possessing a valid permit issued by that Department for this purpose. The Director of the Illinois State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to termination or revocation at the direction of that Department, and to certify the accuracy of breath testing equipment. The Illinois State Police shall prescribe regulations as necessary.
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(ii) When a person submits to a blood test at the
| | request of a law enforcement officer under the provisions of this Section, only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content therein. This limitation does not apply to the taking of breath, other bodily substance, or urine specimens.
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(iii) The person tested may have a physician,
| | qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test or tests administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the consideration of the previously performed chemical test.
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(iv) Upon a request of the person who submits to a
| | chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or that person's attorney.
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(v) Alcohol concentration means either grams of
| | alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
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(vi) If a driver is receiving medical treatment as a
| | result of a motor vehicle crashes, a physician licensed to practice medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol upon the specific request of a law enforcement officer. However, that testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.
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(c) A person requested to submit to a test as provided above shall be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or submission to the test resulting in an alcohol concentration of
more than 0.00, may result in the loss of that person's privilege to operate a
motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The loss of driving privileges shall be imposed in accordance
with Section 6-208.2 of this Code.
A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol concentration of
more than 0.00. The law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol concentration of
more than 0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the suspension and disqualification on the individual's driving
record and the suspension and disqualification shall be effective on the 46th day following the date
notice of the suspension was given to the person. If this suspension is the
individual's first driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall, except during the
time the suspension is in effect, be privileged information and for use only by
the courts, police officers, prosecuting authorities, the Secretary of State,
or the individual personally, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged.
Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the suspension is in effect.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and the suspension and disqualification shall
be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood, other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit
in the United States mail of that notice in an envelope with postage prepaid
and addressed to that person at his last known address and the loss of driving
privileges shall be effective on the 46th day following the date notice was
given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the suspension and disqualification to the driver
by mailing a notice of the effective date of the suspension and disqualification to the individual.
However, should the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this suspension and disqualification by requesting an
administrative hearing with the Secretary of State in accordance with Section
2-118 of this Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she consumed
alcohol in the performance of a religious service or ceremony. An individual
whose blood alcohol concentration is shown to be more than 0.00 shall not be
subject to this Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing shall not stay
or delay the effective date of the impending suspension. The scope of this
hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to
| | believe that the person was driving or in actual physical control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance; and
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(2) whether the person was issued a Uniform Traffic
| | Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance; and
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(3) whether the police officer had probable cause to
| | believe that the driver had consumed any amount of an alcoholic beverage based upon the driver's physical actions or other first-hand knowledge of the police officer; and
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(4) whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's alcohol concentration; and
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(5) whether the person, after being advised by the
| | officer that the privileges to operate a motor vehicle would be suspended if the person submits to a chemical test or tests and the test or tests disclose an alcohol concentration of more than 0.00, did submit to and complete the test or tests that determined an alcohol concentration of more than 0.00; and
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(6) whether the test result of an alcohol
| | concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony; and
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(7) whether the test result of an alcohol
| | concentration of more than 0.00 was based upon the person's consumption of alcohol through ingestion of the prescribed or recommended dosage of medicine.
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At the conclusion of the hearing held under Section 2-118 of
this Code, the Secretary of State may rescind, continue, or modify the suspension and disqualification. If the Secretary of State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of State upon
application being made and good cause shown. A restricted driving permit may be
granted to relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of part (c) of
Section 6-206 of this Code. The provisions of item (3) of part (c) of Section
6-206 of this Code and of subsection (f) of that Section shall apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and awareness program or
activity, a drug education and awareness program or activity, or both as a
condition to the issuance of a restricted driving permit for suspensions
imposed under this Section.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results of the testing may be considered at a
hearing held under Section 2-118 of this Code. However, the results of
the testing may not be used to impose driver's license sanctions under
Section 11-501.1 of this Code. A law enforcement officer may, however, pursue
a statutory summary suspension or revocation of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge forms the basis
of that suspension or revocation.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic Ticket for a
violation of the Illinois Vehicle Code or a similar provision of a local
ordinance, and a chemical test request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, cancelling, or
disqualifying any license or
permit shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every action
for the judicial review of final acts or decisions of the Secretary of State
under this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-501.9 (625 ILCS 5/11-501.9) Sec. 11-501.9. Suspension of driver's license; failure or refusal of validated roadside chemical tests; failure or refusal of field sobriety tests; implied consent. (a) A person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to (i) validated roadside chemical tests or (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration, under subsection (a-5) of Section 11-501.2 of this Code, if detained by a law enforcement officer who has a reasonable suspicion that the person is driving or is in actual physical control of a motor vehicle while impaired by the use of cannabis. The law enforcement officer must have an independent, cannabis-related factual basis giving reasonable suspicion that the person is driving or in actual physical control of a motor vehicle while impaired by the use of cannabis for conducting validated roadside chemical tests or standardized field sobriety tests, which shall be included with the results of the validated roadside chemical tests and field sobriety tests in any report made by the law enforcement officer who requests the test. The person's possession of a registry identification card issued under the Compassionate Use of Medical Cannabis Program Act alone is not a sufficient basis for reasonable suspicion. For purposes of this Section, a law enforcement officer of this State who is investigating a person for an offense under Section 11-501 of this Code may travel into an adjoining state where the person has been transported for medical care to complete an investigation and to request that the person submit to field sobriety tests under this Section. (b) A person who is unconscious, or otherwise in a condition rendering the person incapable of refusal, shall be deemed to have withdrawn the consent provided by subsection (a) of this Section. (c) A person requested to submit to validated roadside chemical tests or field sobriety tests, as provided in this Section, shall be warned by the law enforcement officer requesting the field sobriety tests that a refusal to submit to the validated roadside chemical tests or field sobriety tests will result in the suspension of the person's privilege to operate a motor vehicle, as provided in subsection (f) of this Section. The person shall also be warned by the law enforcement officer that if the person submits to validated roadside chemical tests or field sobriety tests as provided in this Section which disclose the person is impaired by the use of cannabis, a suspension of the person's privilege to operate a motor vehicle, as provided in subsection (f) of this Section, will be imposed. (d) The results of validated roadside chemical tests or field sobriety tests administered under this Section shall be admissible in a civil or criminal action or proceeding arising from an arrest for an offense as defined in Section 11-501 of this Code or a similar provision of a local ordinance. These test results shall be admissible only in actions or proceedings directly related to the incident upon which the test request was made. (e) If the person refuses validated roadside chemical tests or field sobriety tests or submits to validated roadside chemical tests or field sobriety tests that disclose the person is impaired by the use of cannabis, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State certifying that testing was requested under this Section and that the person refused to submit to validated roadside chemical tests or field sobriety tests or submitted to validated roadside chemical tests or field sobriety tests that disclosed the person was impaired by the use of cannabis. The sworn report must include the law enforcement officer's factual basis for reasonable suspicion that the person was impaired by the use of cannabis. (f) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (e) of this Section, the Secretary of State shall enter the suspension to the driving record as follows: (1) for refusal or failure to complete validated | | roadside chemical tests or field sobriety tests, a 12-month suspension shall be entered; or
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| | tests or field sobriety tests that disclosed the driver was impaired by the use of cannabis, a 6-month suspension shall be entered.
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| The Secretary of State shall confirm the suspension by mailing a notice of the effective date of the suspension to the person and the court of venue. However, should the sworn report be defective for insufficient information or be completed in error, the confirmation of the suspension shall not be mailed to the person or entered to the record; instead, the sworn report shall be forwarded to the court of venue with a copy returned to the issuing agency identifying the defect.
(g) The law enforcement officer submitting the sworn report under subsection (e) of this Section shall serve immediate notice of the suspension on the person and the suspension shall be effective as provided in subsection (h) of this Section. If immediate notice of the suspension cannot be given, the arresting officer or arresting agency shall give notice by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the suspension shall begin as provided in subsection (h) of this Section. The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow the person to drive during the period provided for in subsection (h) of this Section. The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report under subsection (e) of this Section.
(h) The suspension under subsection (f) of this Section shall take effect on the 46th day following the date the notice of the suspension was given to the person.
(i) When a driving privilege has been suspended under this Section and the person is subsequently convicted of violating Section 11-501 of this Code, or a similar provision of a local ordinance, for the same incident, any period served on suspension under this Section shall be credited toward the minimum period of revocation of driving privileges imposed under Section 6-205 of this Code.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
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625 ILCS 5/11-501.10 (625 ILCS 5/11-501.10) Sec. 11-501.10. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed internally, eff. 7-1-21) |
625 ILCS 5/11-502
(625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
Sec. 11-502. Transportation or possession of alcoholic liquor in
a motor vehicle. (a) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may
transport, carry, possess or have any alcoholic
liquor within the passenger area of any motor vehicle upon a highway in
this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger may carry, possess
or have any alcoholic liquor within any passenger area of any motor vehicle
upon a highway in this State except in the original container and with the
seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when
it is being used for purposes for which a limousine is ordinarily used,
the passengers on a chartered bus when it is being used for purposes for
which chartered buses are ordinarily used or on a motor home or mini motor
home as defined in Section 1-145.01 of this Code. However, the driver of
any such vehicle is prohibited from consuming or having any alcoholic
liquor in or about the driver's area. Any evidence of alcoholic consumption
by the driver shall be prima facie evidence of such driver's failure to
obey this Section. For the purposes of this Section, a limousine is a motor
vehicle of the first division with the passenger compartment enclosed by a
partition or dividing window used in the for-hire transportation of
passengers and operated by an individual in possession of a valid Illinois
driver's license of the appropriate classification pursuant to Section 6-104
of this Code.
(d) (Blank).
(e) Any driver who is convicted of violating subsection (a) of this
Section for a second or subsequent time within one year of a similar
conviction shall be subject to suspension of driving privileges as
provided, in paragraph 23 of subsection (a) of Section 6-206 of this Code.
(f) Any driver, who is less than 21 years of age at the date of the
offense and who is convicted of violating subsection (a) of this Section or a
similar provision of a local ordinance, shall be subject to the loss of driving
privileges as provided in paragraph 13 of subsection (a) of Section 6-205 of
this Code and paragraph 33 of subsection (a) of Section 6-206 of this Code.
(Source: P.A. 101-517, eff. 8-23-19.)
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625 ILCS 5/11-502.1 (625 ILCS 5/11-502.1) Sec. 11-502.1. Possession of medical cannabis in a motor vehicle. (a) No driver, who is a medical cannabis cardholder, may use medical cannabis within the passenger area of any motor vehicle upon a highway in this State. (b) No driver, who is a medical cannabis cardholder, a medical cannabis designated caregiver, medical cannabis cultivation center agent, or dispensing organization agent may possess medical cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis container that is inaccessible. (c) No passenger, who is a medical cannabis card holder, a medical cannabis designated caregiver, or medical cannabis dispensing organization agent may possess medical cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis container that is inaccessible. (d) Any person who violates subsections (a) through (c) of this Section: (1) commits a Class A misdemeanor; (2) shall be subject to revocation of his or her | | medical cannabis card for a period of 2 years from the end of the sentence imposed; and
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| (3) shall be subject to revocation of his or her
| | status as a medical cannabis caregiver, medical cannabis cultivation center agent, or medical cannabis dispensing organization agent for a period of 2 years from the end of the sentence imposed.
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|
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-558, eff. 8-20-21.)
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625 ILCS 5/11-502.15 (625 ILCS 5/11-502.15) Sec. 11-502.15. Possession of adult use cannabis in a motor vehicle. (a) No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State. (b) No driver may possess cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible. (c) No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible. (d) Any person who knowingly violates subsection (a), (b), or (c) of this Section commits a Class A misdemeanor.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
625 ILCS 5/11-503
(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
Sec. 11-503. Reckless driving; aggravated reckless driving.
(a) A
person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton | | disregard for the safety of persons or property; or
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| (2) knowingly drives a vehicle and uses an incline in
| | a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
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(b) Every person convicted of reckless driving shall be guilty of a
Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this
Section.
(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony.
(c) Every person convicted of committing a violation of subsection (a)
shall
be guilty of aggravated reckless driving if the violation results in great
bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated
reckless driving is a Class 4 felony.
(d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony.
(Source: P.A. 95-467, eff. 6-1-08 .)
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625 ILCS 5/11-504
(625 ILCS 5/11-504)
Sec. 11-504. (Repealed).
(Source: P.A. 83-831. Repealed by P.A. 95-310, eff. 1-1-08.)
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625 ILCS 5/11-505
(625 ILCS 5/11-505) (from Ch. 95 1/2, par. 11-505)
Sec. 11-505.
No person shall operate any motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other
such noise from the vehicle's tires due to rapid acceleration or excessive
speed around corners or other such reason.
This Section shall not apply to the following conditions:
(a) an authorized emergency vehicle, when responding to an emergency
call or when in the pursuit of an actual or suspected violator; nor
(b) the emergency operation of a motor vehicle when avoiding imminent
danger; nor
(c) any raceway, racing facility or other public event, not part of a
highway, sanctioned by the appropriate governmental authority.
(Source: P.A. 86-664.)
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625 ILCS 5/11-506 (625 ILCS 5/11-506) (Text of Section before amendment by P.A. 103-706 ) Sec. 11-506. Street racing; aggravated street racing; street sideshows. (a) No person shall engage in street racing on any street or highway of this State. (a-5) No person shall engage in a street sideshow on any street or highway of this State. (b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow. (b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow. (c) For the purposes of this Section: "Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing. "Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons. "Street racing" means: (1) The operation of 2 or more vehicles from a point | | side by side at accelerating speeds in a competitive attempt to outdistance each other; or
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| (2) The operation of one or more vehicles over a
| | common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or
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| (3) The use of one or more vehicles in an attempt to
| | outgain or outdistance another vehicle; or
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| (4) The use of one or more vehicles to prevent
| | another vehicle from passing; or
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| (5) The use of one or more vehicles to arrive at a
| | given destination ahead of another vehicle or vehicles; or
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| (6) The use of one or more vehicles to test the
| | physical stamina or endurance of drivers over long-distance driving routes.
|
| "Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
| | subsection (a), (a-5), or (b-5) shall be guilty of a Class A misdemeanor for the first offense and shall be subject to a minimum fine of $250. Any person convicted of a violation of subsection (a), (a-5), or (b-5) a second or subsequent time shall be guilty of a Class 4 felony and shall be subject to a minimum fine of $500. The driver's license of any person convicted of subsection (a) shall be revoked in the manner provided by Section 6-205 of this Code.
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| (2) Any person who is convicted of a violation of
| | subsection (b) shall be guilty of a Class B misdemeanor. Any person who is convicted of subsection (b) for a second or subsequent time shall be guilty of a Class A misdemeanor.
|
| (3) Every person convicted of committing a violation
| | of subsection (a) of this Section shall be guilty of aggravated street racing if the person, in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. Aggravated street racing is a Class 4 felony for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-706 )
Sec. 11-506. Street racing; aggravated street racing; street sideshows.
(a) No person shall engage in street racing on any street or highway of this State.
(a-5) No person shall engage in a street sideshow on any street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow.
(b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow.
(c) For the purposes of this Section:
"Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing or a street sideshow.
"Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons.
"Street racing" means:
(1) The operation of 2 or more vehicles from a point
| | side by side at accelerating speeds in a competitive attempt to outdistance each other; or
|
| (2) The operation of one or more vehicles over a
| | common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or
|
| (3) The use of one or more vehicles in an attempt to
| | outgain or outdistance another vehicle; or
|
| (4) The use of one or more vehicles to prevent
| | another vehicle from passing; or
|
| (5) The use of one or more vehicles to arrive at a
| | given destination ahead of another vehicle or vehicles; or
|
| (6) The use of one or more vehicles to test the
| | physical stamina or endurance of drivers over long-distance driving routes.
|
| "Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
| | subsection (a), (a-5), or (b-5) shall be guilty of a Class A misdemeanor for the first offense and shall be subject to a minimum fine of $250. Any person convicted of a violation of subsection (a), (a-5), or (b-5) a second or subsequent time shall be guilty of a Class 4 felony and shall be subject to a minimum fine of $500. The driver's license of any person convicted of subsection (a) shall be revoked in the manner provided by Section 6-205 of this Code.
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| (2) Any person who is convicted of a violation of
| | subsection (b) shall be guilty of a Class B misdemeanor. Any person who is convicted of subsection (b) for a second or subsequent time shall be guilty of a Class A misdemeanor.
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| (3) Every person convicted of committing a violation
| | of subsection (a) of this Section shall be guilty of aggravated street racing if the person, in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. Aggravated street racing is a Class 4 felony for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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| (Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-706, eff. 1-1-25.)
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625 ILCS 5/11-507 (625 ILCS 5/11-507) Sec. 11-507. Supervising a minor driver while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person shall not accompany or provide instruction, pursuant to subsection (a) of Section 6-107.1 of this Code, to a driver who is a minor and driving a motor vehicle pursuant to an instruction permit under Section 6-107.1 of this Code, while: (1) the alcohol concentration in the person's blood, | | other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2 of this Code;
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| (2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
| | or combination of intoxicating compounds to a degree that renders the person incapable of properly supervising or providing instruction to the minor driver;
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| (4) under the influence of any other drug or
| | combination of drugs to a degree that renders the person incapable of properly supervising or providing instruction to the minor driver;
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| (5) under the combined influence of alcohol, other
| | drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of properly supervising or providing instruction to the minor driver; or
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| (6) there is any amount of a drug, substance, or
| | compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
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| (b) A person found guilty of violating this Section is guilty of an offense against the regulations governing the movement of vehicles.
(Source: P.A. 99-697, eff. 7-29-16.)
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625 ILCS 5/Ch. 11 Art. VI
(625 ILCS 5/Ch. 11 Art. VI heading)
ARTICLE VI.
SPEED RESTRICTIONS
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625 ILCS 5/11-601
(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.
(a-5) For purposes of this Section, "urban district" does not include any interstate highway as defined by Section 1-133.1 of this Code which includes all highways under the jurisdiction of the Illinois State Toll Highway Authority. (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 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 which includes all highways under the jurisdiction of the Illinois State Toll Highway Authority; (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 60 miles per hour on any interstate highway as defined by Section 1-133.1 of this Code and
55 miles per hour on all other highways, roads, and streets.
(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;
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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
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| 2. 55 miles per hour on any other highway.
(g) (Blank).
(Source: P.A. 98-511, eff. 1-1-14; 98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; 99-78, eff. 7-20-15.)
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625 ILCS 5/11-601.5
(625 ILCS 5/11-601.5)
Sec. 11-601.5. Driving 26 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 miles per hour or more but less than 35 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 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. 98-511, eff. 1-1-14.)
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625 ILCS 5/11-602 (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. 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. 98-511, eff. 1-1-14.)
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625 ILCS 5/11-603
(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. 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. 98-511, eff. 1-1-14.)
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625 ILCS 5/11-604
(625 ILCS 5/11-604) (from Ch. 95 1/2, par. 11-604)
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
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(2) Increases the limit within an urban district, but
| | not to more than 55 miles per hour; or
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(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
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(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.
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|
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; 95-788, eff. 8-7-08.)
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625 ILCS 5/11-605
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools.
(a) For the purpose of this Section, "school" means the following
entities:
(1) A public or private primary or secondary school.
(2) A primary or secondary school operated by a | |
(3) A public, private, or religious nursery school.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles
per hour while passing a school zone or while traveling on a local, county, or State roadway on public
school property or upon any public
thoroughfare where children pass going
to and from school.
For the purpose of this Section, a school day begins at 6:30 a.m. and concludes at 4 p.m.
This Section shall not be applicable unless appropriate signs are posted
upon streets and highways under their respective jurisdiction and
maintained by the Department, township, county, park district, city,
village or incorporated town wherein the school zone is located. With regard
to the special speed limit while passing schools, such signs
shall give proper due warning that a school zone is being approached and
shall indicate the school zone and the maximum speed limit in effect during
school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall
prohibit the use of electronic speed-detecting devices within 500 feet of
signs within a special school speed zone indicating such zone, as defined
in this Section, 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.
(d) (Blank).
(e) Except as provided in subsection (e-5), a person who violates this Section is guilty of a petty
offense. Violations of this Section are punishable with a minimum fine
of $150 for the first violation, a minimum fine of $300 for the second or subsequent violation, and community service in an amount determined by the court.
(e-5) A person committing a violation of this Section is guilty of aggravated special speed limit while passing schools when he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
| | per hour in excess of the applicable special speed limit established under this Section or a similar provision of a local ordinance and is guilty of a Class B misdemeanor; or
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| (2) 35 miles per hour or more in excess of the
| | applicable special speed limit established under this Section or a similar provision of a local ordinance and is guilty of a Class A misdemeanor.
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| (f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-58, eff. 7-9-21; 102-859, eff. 1-1-23; 102-978, eff. 1-1-23; 103-154, eff. 6-30-23.)
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625 ILCS 5/11-605.1 (625 ILCS 5/11-605.1) Sec. 11-605.1. Special limit while traveling through a highway construction or maintenance speed zone. (a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are not present. (b) Nothing in this Chapter prohibits the use of electronic speed-detecting devices within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.
(c) As used in this Section, a "construction or maintenance speed zone" is an area in which the Department, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached, or in which the Department, Authority, or local agency has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign after determining that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone. If it is determined that the preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional speed limit signs which conform to the requirements of this subsection (c) shall be posted. Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who violates this Section is guilty of a petty offense. Violations of this Section are punishable with a minimum fine of $250 for the first violation and a minimum fine of $750 for the second or subsequent violation. (d-5) A person committing a violation of this Section is guilty of aggravated special speed limit while traveling through a highway construction or maintenance speed zone when he or she drives a motor vehicle at a speed that is: (1) 26 miles per hour or more but less than 35 miles | | per hour in excess of the applicable special speed limit established under this Section or a similar provision of a local ordinance and is guilty of a Class B misdemeanor; or
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| (2) 35 miles per hour or more in excess of the
| | applicable special speed limit established under this Section or a similar provision of a local ordinance and is guilty of a Class A misdemeanor.
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| (e) (Blank).
(e-5) The Illinois State Police and the local county police department have concurrent jurisdiction over any violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund, which was created by Public Act 92-619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Illinois State Police officers to monitor construction or maintenance zones.
(f-5) Each county shall create a Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits.
(g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.
This suspension shall only be
imposed if the current violation of this Section and at least one prior violation of this Section
occurred during a period when workers were present in the
construction or maintenance zone.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/11-605.2 (625 ILCS 5/11-605.2)
Sec. 11-605.2. Delegation of authority to set a special speed limit while traveling
through highway
construction or maintenance zones. (a) A local agency may delegate to its superintendent of highways the authority to set and post a reduced speed limit for a construction or maintenance zone, as defined in Section 11-605.1, under subsection (c) of that Section. (b) If a superintendent of highways sets a reduced speed limit for a construction or maintenance zone in accordance with this Section, the local agency must maintain a record that indicates: (1) the location of the construction or maintenance | | (2) the reduced speed limit set and posted for the
| | construction or maintenance zone; and
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| (3) the dates during which the reduced speed limit
| |
(Source: P.A. 96-1000, eff. 7-2-10.)
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625 ILCS 5/11-605.3 (625 ILCS 5/11-605.3) Sec. 11-605.3. Special traffic protections while passing parks and recreation facilities and areas. (a) As used in this Section:
(1) "Park district" means the following entities:
(A) any park district organized under the Park | | (B) any park district organized under the Chicago
| | (C) any municipality, county, forest district,
| | school district, township, or other unit of local government that operates a public recreation department or public recreation facilities that has recreation facilities that are not on land owned by any park district listed in subparagraphs (A) and (B) of this subdivision (a)(1).
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| (2) "Park zone" means the recreation facilities and
| | areas on any land owned or operated by a park district that are used for recreational purposes, including but not limited to: parks; playgrounds; swimming pools; hiking trails; bicycle paths; picnic areas; roads and streets; and parking lots.
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| (3) "Park zone street" means that portion of any
| | State or local street or intersection under the control of a local unit of government, adjacent to a park zone, where the local unit of government has, by ordinance or resolution, designated and approved the street or intersection as a park zone street. If, before the effective date of this amendatory Act of the 94th General Assembly, a street already had a posted speed limit lower than 20 miles per hour, then the lower limit may be used for that park zone street.
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| (4) "Safety purposes" means the costs associated
| | with: park zone safety education; the purchase, installation, and maintenance of signs, roadway painting, and caution lights mounted on park zone signs; and any other expense associated with park zones and park zone streets.
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| (b) On any day when children are present and within 50 feet of motorized traffic, a person may not drive a motor vehicle at a speed in excess of 20 miles per hour or any lower posted speed while traveling on a park zone street that has been designated for the posted reduced speed.
(c) On any day when children are present and within 50 feet of motorized traffic, any driver traveling on a park zone street who fails to come to a complete stop at a stop sign or red light, including a driver who fails to come to a complete stop at a red light before turning right onto a park zone street, is in violation of this Section.
(d) This Section does not apply unless appropriate signs are posted upon park zone streets maintained by the Department or by the unit of local government in which the park zone is located. With regard to the special speed limit on park zone streets, the signs must give proper due warning that a park zone is being approached and must indicate the maximum speed limit on the park zone street.
(e) A first violation of this Section is a petty offense with a minimum fine of $250. A second or subsequent violation of this Section is a petty offense with a minimum fine of $500.
(f) (Blank).
(g) The Department shall, within 6 months of the effective date of this amendatory Act of the 94th General Assembly, design a set of standardized traffic signs for park zones and park zone streets, including but not limited to: "park zone", "park zone speed limit", and "warning: approaching a park zone". The design of these signs shall be made available to all units of local government or manufacturers at no charge, except for reproduction and postage.
(Source: P.A. 102-978, eff. 1-1-23 .)
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625 ILCS 5/11-606
(625 ILCS 5/11-606) (from Ch. 95 1/2, par. 11-606)
Sec. 11-606.
Minimum speed regulation.
(a) No person shall drive a motor vehicle at such a slow speed as to impede
or block the normal and reasonable movement of traffic except when reduced
speed is necessary for safe operation of his vehicle or in compliance with law.
(b) Whenever the Department, The Illinois State Toll Highway Authority,
or a local authority described in Section 11-604 of this Chapter determines,
upon the basis of an engineering and traffic investigation concerning a
highway or street under its jurisdiction that slow vehicle speeds along
any part or zone of such highway or street consistently impede the normal
and reasonable movement of traffic, the Department, the Toll Highway Authority,
or local authority (as appropriate) may determine and declare by proper
regulation or ordinance a minimum speed
limit below which no person shall drive except when necessary for safe operation
of his vehicle or in compliance with law. A limit so determined and declared
becomes effective when appropriate signs giving notice of the limit are
erected along such part or zone of the highway or street.
(Source: P.A. 81-840.)
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625 ILCS 5/11-608
(625 ILCS 5/11-608) (from Ch. 95 1/2, par. 11-608)
Sec. 11-608.
Special speed limitation on elevated structures.
(a) No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed which is
greater than the maximum speed which can be maintained with safety to
such bridge or structure, when such structure is sign posted as provided
in this Section.
(b) The Department upon request from any local authority shall, or
upon its own initiative may, conduct an investigation of any bridge or
other elevated structure constituting a part of a highway, and if it
shall thereupon find that such structure cannot with safety to itself
withstand vehicles traveling at the speed otherwise permissible under
this Chapter, the Department shall determine and declare the maximum
speed of vehicles which such structure can safely withstand, and shall
cause or permit suitable signs stating such maximum speed to be erected
and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum speed by the
Department and the existence of such signs is conclusive evidence of the
maximum speed which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-610
(625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
Sec. 11-610. Charging violations and rule in civil actions. (a) In every charge of violation of
any speed regulation in this Article the complaint, and
also the summons or notice to appear, shall specify the
speed at which the defendant is alleged to have driven and
the maximum speed applicable within the district or at the location.
(b) The provision of this Article
declaring maximum speed limitations
shall not be construed to relieve the plaintiff in any
action from the burden of proving negligence on the
part of the defendant as the proximate cause of a crash.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/11-611
(625 ILCS 5/11-611) (from Ch. 95 1/2, par. 11-611)
Sec. 11-611.
No person shall drive or operate any motor
vehicle on any street or highway in this State where the minimum
allowable speed on that street or highway, as posted, is greater
than the maximum attainable operating speed of the vehicle. Maximum
attainable operating speed shall be determined by the
manufacturer of the vehicle and clearly published in the manual of
specifications and operation, or it shall be determined by applicable rule
and regulation
promulgated by the Secretary of State.
(Source: P.A. 79-700.)
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625 ILCS 5/11-612 (625 ILCS 5/11-612) Sec. 11-612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act and Section 11-208.8 of this Code, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-672, eff. 7-1-12 .) |
625 ILCS 5/Ch. 11 Art. VII
(625 ILCS 5/Ch. 11 Art. VII heading)
ARTICLE VII.
DRIVING ON RIGHT SIDE OF
ROADWAY; OVERTAKING AND PASSING, ETC.
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625 ILCS 5/11-701
(625 ILCS 5/11-701) (from Ch. 95 1/2, par. 11-701)
Sec. 11-701. Drive on right side of roadway - exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle | | proceeding in the same direction under the rules governing such movements;
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2. When an obstruction exists making it necessary to
| | drive to the left of the center of the roadway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute an immediate hazard;
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3. Upon a roadway divided into 3 marked lanes for
| | traffic under the rules applicable thereon;
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4. Upon a roadway restricted to one way traffic;
5. Whenever there is a single track paved road on one
| | side of the public highway and 2 vehicles meet thereon, the driver on whose right is the wider shoulder shall give the right-of-way on such pavement to the other vehicle.
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|
(b) Upon a 2 lane roadway, providing for 2-way
movement of traffic, a vehicle shall be driven in the right-hand lane available
for traffic, or
as close as practicable to the right hand curb or edge of the roadway,
except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a
private road or driveway.
(c) Upon any roadway having 4 or more lanes for moving traffic and
providing for 2-way movement of traffic, no vehicle shall be driven to the
left of the center line of the roadway, except when authorized by official
traffic-control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use
such lanes, or except as permitted under Subsection (a) 2. However, this
Subsection shall not be construed as prohibiting the crossing of the center
line in making a left turn into or from an alley, private road or driveway.
(d) Upon an Interstate highway or fully access controlled freeway,
a vehicle may not be driven in the left lane, except when overtaking
and passing another vehicle.
(e) Subsection (d) of this Section does not apply:
(1) when no other vehicle is directly behind the
| | vehicle in the left lane;
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(2) when traffic conditions and congestion make it
| | impractical to drive in the right lane;
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|
(3) when snow and other inclement weather conditions
| | make it necessary to drive in the left lane;
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(4) when obstructions or hazards exist in the right
| |
(5) when a vehicle changes lanes to comply with
| | Sections 11-907, 11-907.5, and 11-908 of this Code;
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|
(6) when, because of highway design, a vehicle must
| | be driven in the left lane when preparing to exit;
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(7) on toll highways when necessary to use I-Pass,
| | and on toll and other highways when driving in the left lane is required to comply with an official traffic control device; or
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(8) to law enforcement vehicles, ambulances, and
| | other emergency vehicles engaged in official duties and vehicles engaged in highway maintenance and construction operations.
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(Source: P.A. 99-681, eff. 1-1-17 .)
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625 ILCS 5/11-702
(625 ILCS 5/11-702) (from Ch. 95 1/2, par. 11-702)
Sec. 11-702.
Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite
directions shall pass
each other to the right, and upon roadways having width for
not more than one line of traffic in each direction each
driver shall give to the other at least one-half of the
main-traveled portion of the roadway as nearly
as possible.
(Source: P.A. 79-1069.)
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625 ILCS 5/11-703 (625 ILCS 5/11-703) (from Ch. 95 1/2, par. 11-703) Sec. 11-703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles
proceeding in the same direction, subject to those limitations, exceptions,
and special rules otherwise stated in this Chapter: (a) The driver of a vehicle overtaking another | | vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main traveled portion of the roadway.
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| (b) Except when overtaking and passing on the right
| | is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
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| (c) The driver of a 2 wheeled vehicle may not, in
| | passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.
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| (d) The operator of a motor vehicle overtaking a
| | bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.
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| (d-5) A driver of a motor vehicle overtaking a
| | bicycle proceeding in the same direction on a highway may, subject to the provisions in paragraph (d) of this Section and Section 11-706 of this Code, pass to the left of the bicycle on a portion of the highway designated as a no-passing zone under Section 11-707 of this Code if the driver is able to overtake and pass the bicycle when:
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| (1) the bicycle is traveling at a speed of less
| | than half of the posted speed limit of the highway;
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| (2) the driver is able to overtake and pass the
| | bicycle without exceeding the posted speed limit of the highway; and
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| (3) there is sufficient distance to the left of
| | the centerline of the highway for the motor vehicle to meet the overtaking and passing requirements under this Section.
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| (e) A person driving a motor vehicle shall not, in a
| | reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle.
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| (f) Every person convicted of paragraph (e) of this
| | Section shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. If the violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 3 felony.
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| (Source: P.A. 100-359, eff. 1-1-18 .)
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625 ILCS 5/11-704
(625 ILCS 5/11-704) (from Ch. 95 1/2, par. 11-704)
Sec. 11-704. When overtaking on the right is permitted. (a) The driver of a vehicle with 3 or more wheels may overtake and pass
upon the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to | |
2. Upon a roadway with unobstructed pavement of
| | sufficient width for 2 or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
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3. Upon a one-way street, or upon any roadway on
| | which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles.
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(b) The driver of a 2-wheeled vehicle may not pass upon the right of any
other vehicle proceeding in the same direction unless the unobstructed
pavement to the right of the vehicle being passed is of a width of not less
than 8 feet. This subsection does not apply to devices propelled by human power.
(c) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety. Such
movement shall not be made by driving off the roadway.
(Source: P.A. 102-558, eff. 8-20-21.)
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625 ILCS 5/11-705
(625 ILCS 5/11-705) (from Ch. 95 1/2, par. 11-705)
Sec. 11-705.
Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway
in overtaking and passing another vehicle proceeding in the same direction
unless authorized by the provisions of this Chapter and unless such left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event the
overtaking vehicle must return to an authorized lane of travel as soon as
practicable and in the event the passing movement involves the use of a
lane authorized for vehicles approaching from the opposite direction,
before coming within 200 feet of any vehicle approaching from the opposite
direction.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-706
(625 ILCS 5/11-706) (from Ch. 95 1/2, par. 11-706)
Sec. 11-706.
Further limitations on driving to the left of center of roadway.
(a) No vehicle shall be driven
on the left side of the roadway under the following conditions:
1. When approaching or upon the crest of a grade or a curve in the
highway where the driver's view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction.
2. When approaching within 100 feet of or traversing any intersection or
railroad grade crossing.
3. When the view is obstructed upon approaching within
100 feet of any bridge, viaduct or tunnel.
(b) The limitations in sub-paragraphs 1, 2 and 3 do not apply upon a
one-way roadway nor upon a roadway with unobstructed pavement of sufficient
width for 2 or more lanes of moving traffic in each direction nor to the
driver of a vehicle turning left into or from an alley, private road or
driveway when such movements can be made with safety.
(Source: P.A. 79-1069.)
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625 ILCS 5/11-707
(625 ILCS 5/11-707) (from Ch. 95 1/2, par. 11-707)
Sec. 11-707. No-passing zones. (a) The Department and local authorities
are authorized to determine those portions of any highway under their
respective jurisdictions where overtaking and passing or driving on the
left of the roadway would be especially hazardous and may by appropriate
signs or markings on the roadway indicate the beginning and end of such
zones. Upon request of a local school board, the Department or local
authority which has jurisdiction over the roadway in question, shall
determine whether a hazardous situation exists at a particular location and
warrants a no-passing zone. If the Department or local authority
determines that a no-passing zone is warranted, the school board and the
Department or local authority shall share equally the cost of designating
the no-passing zone by signs and markings. When such signs or markings are
in place and clearly visible to an ordinarily observant person every driver
of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as
set forth in paragraph (a) no driver may at any time drive on the left side
of the roadway within the no-passing zone or on the left side of any pavement
striping designed to mark such no-passing zone throughout its length.
(c) This Section does not apply under the conditions described in
Section 11-701 (a) 2, subsection (d-5) of Section 11-703, nor to the driver of a vehicle turning left into or from
an alley, private road or driveway. The pavement striping designed to mark
the no-passing zone may be crossed from the left hand lane for the
purpose of completing a pass that was begun prior to the beginning of the
zone in the driver's direction of travel.
(d) Special speed limit areas required under Section 11-605 of this Code
in unincorporated areas only shall also be no-passing zones.
(Source: P.A. 100-359, eff. 1-1-18 .)
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625 ILCS 5/11-708
(625 ILCS 5/11-708) (from Ch. 95 1/2, par. 11-708)
Sec. 11-708.
One-way roadways and rotary traffic islands.
(a) The Department and local authorities, with respect to highways under
their respective jurisdictions, may designate any highway, roadway, part of
a roadway or specific lanes upon which vehicular traffic shall proceed in
one direction at all or such times as shall be indicated by official
traffic control devices.
(b) Upon a roadway so designated for one-way traffic, a vehicle shall be
driven only in the direction designated at all or such times as shall be
indicated by official traffic control devices.
(c) A vehicle passing around a rotary traffic island must be driven only
to the right of such island.
(d) Whenever any highway has been divided into 2 or more roadways by
leaving an intervening space or by a physical barrier or a clearly
indicated dividing section so constructed as to impede vehicular traffic,
every vehicle must be driven only upon the right-hand roadway unless
directed or permitted to use another roadway by official traffic-control
devices or police officers. No vehicle may be driven over, across, or
within any such dividing space, barrier, or section, except through an
opening in the physical barrier, or dividing section, or space, or at a
cross-over or intersection as established by public authority.
(e) The driver of a vehicle may turn left across a paved noncurbed
dividing space unless prohibited by an official traffic-control device.
(Source: P.A. 84-873.)
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625 ILCS 5/11-709
(625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
Sec. 11-709. Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked
lanes for traffic the following rules in addition to all others consistent
herewith shall apply.
(a) A vehicle shall be driven as nearly as practicable entirely within a
single lane and shall not be moved from such lane until the driver has
first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into 3 lanes and provides for
two-way movement of traffic, a vehicle shall not be driven in the center
lane except when overtaking and passing another vehicle traveling in the
same direction when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn or where such center
lane is at the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is designated
by official traffic control devices.
(c) Official traffic control devices may be erected directing specific
traffic to use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the center of the
roadway and drivers of vehicles shall obey the directions of every such
device. On multi-lane controlled access
highways with 3 or more lanes in one
direction or on any multi-laned highway with 2 or more lanes in one
direction, the Department may designate lanes of traffic to be used by
different types of motor vehicles.
Drivers must obey lane designation signing except when it is necessary to
use a different lane to make a turning maneuver.
(d) Official traffic control devices may be installed prohibiting the
changing of lanes on sections of roadway and drivers of vehicles shall obey
the directions of every such device.
(e) A person is not in violation of this Section if he or she is complying with Section 11-907, 11-907.5, or 11-908. (Source: P.A. 101-173, eff. 1-1-20 .)
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625 ILCS 5/11-709.1
(625 ILCS 5/11-709.1) (from Ch. 95 1/2, par. 11-709.1)
Sec. 11-709.1. Driving on the shoulder. (a) Vehicles shall be driven on a roadway, and shall only
be driven on the shoulder for the purpose of stopping or accelerating from
a stop while merging into traffic. It shall be a violation of this Section
if while merging into traffic and while on the shoulder, the vehicle passes
any other vehicle on the roadway adjacent to it.
(b) This Section shall not apply to any authorized emergency vehicle, to any authorized transit bus, to any bicycle, to any farm tractor or implement of husbandry,
to any service vehicle while engaged in maintenance of the highway or
related work, or to any authorized vehicle within a designated construction zone.
(Source: P.A. 100-359, eff. 1-1-18 .)
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625 ILCS 5/11-709.2 (625 ILCS 5/11-709.2) Sec. 11-709.2. Bus on shoulder program. (a) The use of specifically designated shoulders of roadways by transit buses may be authorized by the Department in cooperation with the Regional Transportation Authority and the Suburban Bus Division of the Regional Transportation Authority. The Department shall prescribe by rule which transit buses are authorized to operate on shoulders, as well as times and locations. The Department may erect signage to indicate times and locations of designated shoulder usage. (b) (Blank). (c) (Blank).
(Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14; 99-78, eff. 7-20-15.) |
625 ILCS 5/11-709.3 (625 ILCS 5/11-709.3) Sec. 11-709.3. Transit buses on shoulders - toll highways. The Illinois State Toll Highway Authority may allow transit buses to use the shoulders of highways under its jurisdiction.
(Source: P.A. 97-292, eff. 8-11-11; 98-871, eff. 8-11-14.) |
625 ILCS 5/11-710
(625 ILCS 5/11-710) (from Ch. 95 1/2, par. 11-710)
Sec. 11-710.
Following too closely.
(a) The driver of
a motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any truck or motor vehicle
drawing another vehicle
when traveling upon a roadway outside of a business or
residence district and which is following another truck or
motor vehicle drawing another vehicle shall,
whenever conditions permit, leave sufficient space so that
an overtaking vehicle may enter and occupy such space without
danger, except that this shall not prevent a truck or motor
vehicle drawing another vehicle from overtaking and passing
any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway outside
of a business or residence district in a caravan or
motorcade whether or not towing other vehicles shall be so
operated as to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other
vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions.
(Source: P.A. 79-1069.)
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625 ILCS 5/11-711
(625 ILCS 5/11-711) (from Ch. 95 1/2, par. 11-711)
Sec. 11-711.
Restrictions on use of controlled access highway.
(a) No person may drive a vehicle onto or from any controlled access
highway except at entrances and exits established by public authority.
(b) The Department with respect to any controlled access highway under
its jurisdiction may prohibit the use of any such highways by pedestrians
(except in authorized areas or facilities), bicycles, farm tractors,
implements of husbandry, funeral processions, and any vehicle unable to
maintain the minimum speed for which the highway is posted, or other
non-motorized traffic or by any person operating a motor driven cycle. The
Department may also prohibit the use of such highway to school buses
picking up and discharging children and mail delivery vehicles picking up
or delivering mail. The Department shall erect and maintain official signs
on the controlled access highway on which such prohibitions are applicable
and when so erected no person may disobey the restrictions stated on such
sign.
(Source: P.A. 76-1586.)
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625 ILCS 5/Ch. 11 Art. VIII
(625 ILCS 5/Ch. 11 Art. VIII heading)
ARTICLE VIII.
TURNING AND STARTING
AND SIGNALS ON STOPPING AND TURNING
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625 ILCS 5/11-801
(625 ILCS 5/11-801) (from Ch. 95 1/2, par. 11-801)
Sec. 11-801.
Required position and method of turning.
(a) The driver of a vehicle intending to turn at an intersection shall do
so as follows:
(1) Both the approach for a right turn and a right turn shall be
made as close as practical to the right-hand curb or edge of the
roadway.
(2) The driver of a vehicle intending to turn left at any
intersection shall approach the intersection in the extreme left-hand
lane lawfully available to traffic moving in the direction of travel of
such vehicle, and after entering the intersection, the left turn shall
be made so as to leave the intersection in a lane lawfully available to
traffic moving in such direction upon the roadway being entered.
Whenever practicable the left turn shall be made in that portion of the
intersection to the left of the center of the intersection.
(3) The Department and local authorities in their respective
jurisdictions may cause official traffic control devices to be placed
within or adjacent to intersections and thereby require and direct that
a different course from that specified in this Section be traveled by
vehicles turning at an intersection, and when such devices are so placed
no driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such devices.
(b) Two-way left turn lanes. Where a special lane for
making left turns by drivers proceeding in
opposite directions has been indicated by official traffic-control devices:
(1) A left turn shall not be made from any other lane.
(2) A vehicle shall not be driven in the lane except when preparing for
or making a left turn from or into the roadway or when preparing for or
making a U turn when otherwise permitted by law.
(c) When a motor vehicle and a mass transit bus are traveling in the
same direction on the same multi-laned highway, street or road, the
operator of the motor vehicle overtaking such bus, which is stopped at an
intersection on the right side of the roadway to receive or discharge
passengers, shall pass to the left of the bus at a safe distance and shall
not turn to the right in front of the bus at that intersection.
(Source: P.A. 85-786.)
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625 ILCS 5/11-802
(625 ILCS 5/11-802) (from Ch. 95 1/2, par. 11-802)
Sec. 11-802.
Limitations on U turns.
(a) The driver of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction unless such movement can be made in
safety and without interfering with other traffic.
(b) No vehicle shall be turned so as to proceed in the opposite
direction upon any curve, or upon the approach to or near the crest of a
grade, where such vehicle cannot be seen by the driver of any other
vehicle approaching from either direction within 500 feet.
(Source: P.A. 82-783.)
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625 ILCS 5/11-803
(625 ILCS 5/11-803) (from Ch. 95 1/2, par. 11-803)
Sec. 11-803.
Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked
unless and until such movement can be made with reasonable safety.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-804
(625 ILCS 5/11-804) (from Ch. 95 1/2, par. 11-804)
Sec. 11-804. When signal required.
(a) No person may turn a vehicle at an intersection unless the vehicle
is in proper position upon the highway as required in Section 11-801 or
turn a vehicle to enter a private road or driveway, or otherwise turn a
vehicle from a direct course or move right or left upon a roadway unless
and until such movement can be made with reasonable safety. No person may
so turn any vehicle without giving an appropriate signal in the manner
hereinafter provided.
(b) A signal of intention to turn right or left, change lanes, otherwise turn a vehicle from a direct course, move right or left upon a highway, or when required must be
given continuously during not less than the last 100 feet traveled by the
vehicle within a business or residence district, and such
signal must be given continuously during not less than the last 200 feet
traveled by the vehicle outside a business or residence
district.
(c) No person may stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal in the manner provided in this
Chapter to the driver of any vehicle immediately to the rear when there is
opportunity to give such a signal.
(d) The electric turn signal device required in Section 12-208 of this
Act must be used and operated as prescribed in subsection (b) of this Section to indicate an intention to turn, change lanes, turn a vehicle from a direct course, move right or left upon a highway, or start
from a parallel parked position. Unless the conditions of subsection (b) of this Section are met, an electric turn signal device required in Section 12-208 shall not be left in the on position and must not be flashed on one side only on
a parked or disabled vehicle or flashed as a courtesy or "do pass" signal
to operators of other vehicles approaching from the rear. However, such
signal devices may be flashed simultaneously on both sides of a motor
vehicle to indicate the presence of a vehicular traffic hazard requiring
unusual care in approaching, overtaking and passing.
(Source: P.A. 102-508, eff. 8-20-21.)
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625 ILCS 5/11-805
(625 ILCS 5/11-805) (from Ch. 95 1/2, par. 11-805)
Sec. 11-805.
Signal by hand or arm or signal device.
Any stop or turn signal when required herein shall be given
either by means of the hand and arm or by an electric turn
signal device conforming to the requirements provided in
Section 12-208 of this Act.
(Source: P.A. 79-1069.)
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625 ILCS 5/11-806
(625 ILCS 5/11-806) (from Ch. 95 1/2, par. 11-806)
Sec. 11-806. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from
the left side of the vehicle in the following manner and such signals shall
indicate as follows:
1. Left turn - Hand and arm extended horizontally.
2. Right turn - Hand and arm extended upward, except | | that a person operating a bicycle may extend the right hand and arm horizontally and to the right side of the bicycle.
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3. Stop or decrease of speed - Hand and arm extended
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(Source: P.A. 95-231, eff. 1-1-08.)
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625 ILCS 5/Ch. 11 Art. IX
(625 ILCS 5/Ch. 11 Art. IX heading)
ARTICLE IX.
RIGHT-OF-WAY
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625 ILCS 5/11-901
(625 ILCS 5/11-901) (from Ch. 95 1/2, par. 11-901)
Sec. 11-901.
Vehicles approaching or entering intersection.
(a) When 2 vehicles approach or enter an intersection from different
roadways at approximately the same time, the driver of the vehicle on the
left must yield the right-of-way to the vehicle on the right.
(b) The right-of-way rule declared in paragraph (a) of this Section is
modified at through highways and otherwise as stated in this Chapter.
(Source: P.A. 76-1739.)
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625 ILCS 5/11-901.01
(625 ILCS 5/11-901.01) (from Ch. 95 1/2, par. 11-901.01)
Sec. 11-901.01.
Vehicles approaching or entering a "T" intersection.
The driver of a vehicle approaching the intersection of a highway from a
highway which terminates at the intersection, not otherwise regulated by
this Act or controlled by traffic control signs or signals, shall stop,
yield, and grant the privilege of immediate use of the intersection to another
vehicle which has entered the intersection from the non-terminating highway
or is approaching the intersection on the non-terminating highway in such
proximity as to constitute a hazard and after stopping may proceed when
the driver may safely enter the intersection without interference or collision
with the traffic using the non-terminating highway.
(Source: P.A. 81-860.)
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625 ILCS 5/11-902
(625 ILCS 5/11-902) (from Ch. 95 1/2, par. 11-902)
Sec. 11-902.
Vehicle turning left.
The driver of a vehicle intending to turn to the left within an
intersection or into an alley, private road, or driveway shall yield the
right-of-way to any vehicle approaching from the opposite direction which
is so close as to constitute an immediate hazard, but said driver, having
so yielded may proceed at such time as a safe interval occurs.
(Source: P.A. 76-1586 .)
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625 ILCS 5/11-903
(625 ILCS 5/11-903) (from Ch. 95 1/2, par. 11-903)
Sec. 11-903.
Vehicles entering stop crosswalk.
Where stop signs or flashing red signals are in place at an intersection
or flashing red signals are in place at a plainly marked crosswalk between
intersections, drivers of vehicles shall stop before entering the nearest
crosswalk and pedestrians within or entering the crosswalk at either edge
of the roadway shall have the right-of-way over vehicles so stopped.
Drivers of vehicles having so yielded the right-of-way to pedestrians
entering or within the nearest crosswalk at an intersection shall also
yield the right-of-way to pedestrians within any other crosswalk at the
intersection.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-904
(625 ILCS 5/11-904) (from Ch. 95 1/2, par. 11-904)
Sec. 11-904.
Vehicle entering stop or yield intersection.
(a) Preferential right-of-way at an intersection may be indicated by
stop or yield signs as authorized in Section 11-302 of this Chapter.
(b) Except when directed to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right-of-way to any vehicle which has
entered the intersection from another roadway or which is approaching so
closely on the roadway as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection, but said
driver having so yielded may proceed at such time as a safe interval
occurs.
(c) The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing conditions
and, if required for safety to stop, shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping, the driver shall yield the
right-of-way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time
such driver is moving across or within the intersection.
(d) If a driver is involved in a collision at an intersection or
interferes with the movement of other vehicles after driving past a yield
right-of-way sign, such collision or interference shall be deemed prima
facie evidence of the driver's failure to yield right-of-way.
(Source: P.A. 76-1739.)
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625 ILCS 5/11-905
(625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)
Sec. 11-905. Merging traffic. Notwithstanding the right-of-way provision
in Section 11-901 of this Act, at an intersection where traffic lanes are provided
for merging traffic the driver of each vehicle on the converging roadways
is required to adjust his vehicular speed and lateral position
so as to avoid a collision with another vehicle.
(Source: P.A. 100-201, eff. 8-18-17.)
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625 ILCS 5/11-906
(625 ILCS 5/11-906) (from Ch. 95 1/2, par. 11-906)
Sec. 11-906.
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from an alley,
building, private road or driveway shall yield the right-of-way to all
vehicles approaching on the highway to be entered.
(Source: P.A. 76-1739.)
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625 ILCS 5/11-907 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) (Text of Section from P.A. 102-813) Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal: (1) the driver of every other vehicle shall yield the | | right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer; and
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| (2) the operator of every streetcar shall immediately
| | stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
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| (b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
| | right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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| (2) if changing lanes would be impossible or unsafe,
| | proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary emergency vehicles.
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| The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle.
As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the
| | (2) extend the period of an existing suspension by
| | the appropriate mandatory period.
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| (i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts.
(j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court.
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 103-667)
Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal:
(1) the driver of every other vehicle shall yield the
| | right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer; and
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| (2) the operator of every streetcar shall immediately
| | stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
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| (b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a visual signal by displaying oscillating, rotating, or flashing lights as authorized under Section 12-215 of this Code, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
| | right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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| (2) if changing lanes would be impossible or unsafe,
| | proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary emergency vehicles.
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| The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle.
As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the
| | (2) extend the period of an existing suspension by
| | the appropriate mandatory period.
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| (i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Illinois State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts.
(j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court.
(Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22; 103-667, eff. 1-1-25.)
(Text of Section from P.A. 103-711)
Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal:
(1) the driver of every other vehicle shall yield the
| | right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer; and
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| (2) the operator of every streetcar shall immediately
| | stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
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| (b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle or emergency scene, when the stationary authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
| | right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle and reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision and leaving a safe distance until safely past the stationary emergency vehicle; or
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| (2) if changing lanes would be impossible or unsafe,
| | proceeding with due caution, reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary emergency vehicles.
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| The visual signal specified under this subsection (c) given by a stationary authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary authorized emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle.
As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties. As used in this subsection (c), "emergency scene" means a location where a stationary authorized emergency vehicle as defined by herein is present and has activated its oscillating, rotating, or flashing lights.
(d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the
| | (2) extend the period of an existing suspension by
| | the appropriate mandatory period.
|
| (i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts.
(j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court.
(Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22; 103-711, eff. 1-1-25.)
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625 ILCS 5/11-907.1 (625 ILCS 5/11-907.1) Sec. 11-907.1. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed internally, eff. 1-1-22.) |
625 ILCS 5/11-907.2 (625 ILCS 5/11-907.2) Sec. 11-907.2. (Repealed). (Source: P.A. 102-336, eff. 1-1-22. Repealed internally, eff. 1-1-24.) |
625 ILCS 5/11-907.5 (625 ILCS 5/11-907.5) Sec. 11-907.5. Approaching disabled vehicles. (a) Upon approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall: (1) proceeding with due caution, yield the | | right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions; or
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| (2) if changing lanes would be impossible or unsafe
| | proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles.
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| (b) A person who violates subsection (a) of this Section commits a petty offense.
(Source: P.A. 101-173, eff. 1-1-20 .)
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625 ILCS 5/11-908 (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908) (Text of Section before amendment by P.A. 103-711 )
Sec. 11-908. Vehicle approaching or entering a highway construction or
maintenance
area or zone. (a) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle or pedestrian actually engaged in work upon a highway
within any highway construction or maintenance area indicated by
official traffic-control devices.
(a-1) Upon entering a construction or maintenance zone
when workers are present, a
person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change | | into a lane not adjacent to that of the workers present, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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(2) proceeding with due caution, reduce the speed of
| | the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
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(a-2) A person who violates subsection (a-1) of this
Section commits a business
offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in addition to any other
penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section
results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (a-1) of this
Section:
(1) suspend the person's driving privileges for the
| |
(2) extend the period of an existing suspension by
| | the appropriate mandatory period.
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(b) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle obviously and actually engaged in work upon a highway
whenever the vehicle engaged in construction or maintenance work
displays flashing lights as provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a
flagger or a traffic control signal and remain in such position until
signaled to proceed. If a driver of a vehicle fails to stop when signaled
to do so by a flagger, the flagger is authorized to report such offense to
the State's Attorney or authorized prosecutor.
The penalties imposed for a violation of this subsection (c) shall be in
addition to any penalties imposed for a violation of subsection (a-1).
(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20 .)
(Text of Section after amendment by P.A. 103-711 )
Sec. 11-908. Vehicle approaching or entering a highway construction or maintenance area or zone.
(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices.
(a-1) Upon entering a construction or maintenance zone when workers are present, a person who drives a vehicle shall:
(1) proceeding with due caution, yield the
| | right-of-way by making a lane change into a lane not adjacent to that of the workers present, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle, and reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision and leaving a safe distance until safely past the construction or maintenance zone; or
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| (2) proceeding with due caution, reduce the speed of
| | the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision until safely past the construction or maintenance zone, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
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| (a-2) A person who violates subsection (a-1) of this Section commits a business offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (a-1) of this Section:
(1) suspend the person's driving privileges for the
| | (2) extend the period of an existing suspension by
| | the appropriate mandatory period.
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| (b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever the vehicle engaged in construction or maintenance work displays flashing lights as provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a flagger or a traffic control signal and remain in such position until signaled to proceed. If a driver of a vehicle fails to stop when signaled to do so by a flagger, the flagger is authorized to report such offense to the State's Attorney or authorized prosecutor. The penalties imposed for a violation of this subsection (c) shall be in addition to any penalties imposed for a violation of subsection (a-1).
(Source: P.A. 103-711, eff. 1-1-25.)
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625 ILCS 5/Ch. 11 Art. X
(625 ILCS 5/Ch. 11 Art. X heading)
ARTICLE X.
PEDESTRIANS' RIGHTS AND DUTIES
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625 ILCS 5/11-1001
(625 ILCS 5/11-1001) (from Ch. 95 1/2, par. 11-1001)
Sec. 11-1001.
Pedestrian obedience to traffic control devices and traffic
regulations.
(a) A pedestrian shall obey the instructions of any official traffic
control device specifically applicable to him, unless otherwise directed by
a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian control
signals provided in Sections 11-306 and 11-307 of this Chapter, but at all
other places pedestrians shall be accorded the privileges and shall be
subject to the restrictions stated in this Article.
(Source: P.A. 76-1734 .)
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625 ILCS 5/11-1002
(625 ILCS 5/11-1002) (from Ch. 95 1/2, par. 11-1002)
Sec. 11-1002. Pedestrians' right-of-way at crosswalks. (a) When
traffic control signals are not in place or not in operation the driver of
a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a moving vehicle which is so close as to
constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section
11-1003(b).
(d) Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in
place at an intersection or at a plainly marked crosswalk between
intersections, drivers shall yield right-of-way to pedestrians as
set forth in Section 11-904 of this Chapter.
(Source: P.A. 96-1165, eff. 7-22-10.)
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625 ILCS 5/11-1002.5 (625 ILCS 5/11-1002.5) Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks; school zones. (a) For the purpose of this Section, "school" has the meaning ascribed to that term in Section 11-605.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic and when
traffic control signals are not in place or not in operation, the driver of
a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
For the purpose of this Section, a school day shall begin at seven ante
meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate signs are posted
in accordance with Section 11-605.
(b) A first violation of this Section is a petty
offense with a minimum fine
of $150. A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
(c) (Blank).
(Source: P.A. 100-987, eff. 7-1-19 .) |
625 ILCS 5/11-1003
(625 ILCS 5/11-1003) (from Ch. 95 1/2, par. 11-1003)
Sec. 11-1003.
Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the
right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals
are in operation pedestrians shall not cross at any place except in a
marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic-control devices; and, when
authorized to cross diagonally, pedestrians shall cross only in
accordance with the official traffic-control devices pertaining to such
crossing movements.
(e) Pedestrians with disabilities may cross a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk where the
intersection is physically inaccessible to them but they shall yield the
right-of-way to all vehicles upon the roadway.
(Source: P.A. 88-685, eff. 1-24-95.)
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625 ILCS 5/11-1003.1
(625 ILCS 5/11-1003.1) (from Ch. 95 1/2, par. 11-1003.1)
Sec. 11-1003.1.
Drivers to exercise due care.
Notwithstanding other provisions of this Code or the provisions of any
local ordinance, every driver of a vehicle shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle
or other device propelled by human power and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any obviously confused, incapacitated
or intoxicated person.
(Source: P.A. 82-132.)
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625 ILCS 5/11-1004
(625 ILCS 5/11-1004) (from Ch. 95 1/2, par. 11-1004)
Sec. 11-1004.
Pedestrian with disabilities; right-of-way.
The driver of a
vehicle shall yield the right-of-way to any pedestrian with clearly visible
disabilities.
(Source: P.A. 88-685, eff. 1-24-95.)
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625 ILCS 5/11-1004.1
(625 ILCS 5/11-1004.1) (from Ch. 95 1/2, par. 11-1004.1)
Sec. 11-1004.1.
Motorized wheelchairs.
Every person operating a
motorized wheelchair upon a sidewalk or roadway shall be granted all the
rights and shall be subject to all the duties applicable to a pedestrian.
(Source: P.A. 84-672.)
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625 ILCS 5/11-1005
(625 ILCS 5/11-1005) (from Ch. 95 1/2, par. 11-1005)
Sec. 11-1005.
Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-1005.1
(625 ILCS 5/11-1005.1)
Sec. 11-1005.1.
Electric personal assistive mobility devices.
Every person operating an electric personal assistive mobility device
upon a sidewalk or roadway has all the
rights and is subject to all the duties applicable to a pedestrian.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03 .)
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625 ILCS 5/11-1006
(625 ILCS 5/11-1006) (from Ch. 95 1/2, par. 11-1006)
Sec. 11-1006. Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any vehicle.
(b) No person shall stand on a highway for the purpose of soliciting
employment or business from the occupant of any vehicle.
(c) No person shall stand on a highway for the purpose of soliciting
contributions from the occupant of any vehicle except within a municipality
when expressly permitted by municipal ordinance. The local municipality, city,
village, or other local governmental entity in which the solicitation takes
place shall determine by ordinance where and when solicitations may take place
based on the safety of the solicitors and the safety of motorists. The
decision shall also take into account the orderly flow of traffic and may not
allow interference with the operation of official traffic control devices. The
soliciting agency shall be:
1. registered with the Attorney General as a | | charitable organization as provided by the Solicitation for Charity Act;
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2. engaged in a Statewide fundraising activity; and
3. liable for any injuries to any person or property
| | during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.
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Any person engaged in the act of solicitation shall be 16 years of age
or more and shall be wearing a high-visibility vest.
(d) No person shall stand on or in the proximity of a highway for the
purpose of soliciting the watching or guarding of any vehicle while parked
or about to be parked on a highway.
(e) Every person who is convicted of a violation of this Section shall
be guilty of a Class A misdemeanor.
(Source: P.A. 102-558, eff. 8-20-21.)
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625 ILCS 5/11-1007
(625 ILCS 5/11-1007) (from Ch. 95 1/2, par. 11-1007)
Sec. 11-1007. Pedestrians walking on highways. (a) Except as provided in subsection (e), where a sidewalk is
provided and its use is practicable, it shall be unlawful for any pedestrian to walk
along and upon an adjacent roadway.
(b) Except as provided in subsection (e), where a sidewalk is not available, any pedestrian walking along and upon
a highway shall walk only on a shoulder, as far as practicable from the edge of
the roadway.
(c) Except as provided in subsection (e), where neither a sidewalk nor a shoulder is available, any pedestrian
walking along and upon a highway shall walk as near as practicable to an outside
edge of a roadway, and, if on a two-way roadway, shall walk only on the left side
of the roadway.
(d) Except as otherwise provided in this Chapter, any pedestrian upon
a roadway shall yield the right-of-way to all vehicles upon the roadway. (e) In municipalities with a population of under 2,000,000 inhabitants, upon highways where the maximum posted speed limit is 45 miles per hour or less, and during the period from sunrise to sunset, a pedestrian who is 18 years of age or older and wearing in-line speed skates may travel upon the roadway as near as practicable to an outside edge of the roadway. Pedestrians wearing in-line speed skates upon a roadway may not impede or obstruct other vehicular traffic. Pedestrians wearing in-line speed skates shall be subject to all other rights and duties under this Article X. Nothing in this Code shall be construed to prevent a pedestrian wearing in-line speed skates from using a lane designated for bicycles.
(Source: P.A. 97-1023, eff. 1-1-13.)
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625 ILCS 5/11-1008
(625 ILCS 5/11-1008) (from Ch. 95 1/2, par. 11-1008)
Sec. 11-1008.
Right-of-way on sidewalks.
The driver of a vehicle
shall yield the right-of-way to any pedestrian on a sidewalk.
(Source: P.A. 79-857.)
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625 ILCS 5/11-1009
(625 ILCS 5/11-1009) (from Ch. 95 1/2, par. 11-1009)
Sec. 11-1009.
Pedestrians yield to authorized emergency vehicles.
Upon the immediate approach of an authorized emergency vehicle making use
of an audible signal
and visual signals
meeting the requirements of Section 12-217 of this
Chapter, or of a police vehicle properly and lawfully making use of an audible
signal only, every pedestrian shall yield the right-of-way to the authorized
emergency vehicle.
(Source: P.A. 79-857.)
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625 ILCS 5/11-1010
(625 ILCS 5/11-1010) (from Ch. 95 1/2, par. 11-1010)
Sec. 11-1010.
Pedestrians under influence of alcohol or drugs.
A pedestrian who is under the influence of alcohol or any drug to a degree
which renders himself a hazard shall not walk or be upon a highway except on
a sidewalk.
(Source: P.A. 79-857.)
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625 ILCS 5/11-1011
(625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
Sec. 11-1011. Bridge and railroad signals.
(a) No pedestrian
shall enter or remain
upon any bridge or approach thereto beyond the bridge signal, gate, or
barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over, or under any
crossing gate or barrier at a railroad grade crossing or bridge while such
gate or barrier is closed or is being opened or closed.
(c) No pedestrian shall enter, remain upon or traverse over a railroad
grade crossing or pedestrian walkway crossing a railroad track when an
audible bell or clearly visible electric or mechanical signal device is
operational giving warning of the presence, approach, passage, or
departure of a
railroad train or railroad track equipment.
(d) A violation of any part of this Section is a petty offense for
which a $250 fine shall be imposed for a first violation, and a $500 fine shall
be imposed for a
second or subsequent violation. The court may impose 25 hours of community
service in place of the $250
fine for a
first violation.
(e) Local authorities shall impose fines as established in subsection (d)
for pedestrians who fail to obey signals indicating the presence,
approach, passage, or
departure of
a train or railroad track equipment.
(Source: P.A. 96-1244, eff. 1-1-11.)
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625 ILCS 5/Ch. 11 Art. XI
(625 ILCS 5/Ch. 11 Art. XI heading)
ARTICLE XI.
STREET CARS AND SAFETY ZONES
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625 ILCS 5/11-1101
(625 ILCS 5/11-1101) (from Ch. 95 1/2, par. 11-1101)
Sec. 11-1101.
Passing street car on left.
(a) The driver of a vehicle shall not overtake and pass upon the left
nor drive upon the left side of any street car proceeding in the same
direction, whether such street car is actually in motion or temporarily at
rest, except:
1. When so directed by a police officer;
2. When upon a one-way street; or
3. When upon a street where the tracks are so located as to prevent
compliance with the section.
(b) The driver of any vehicle when permitted to overtake and pass upon
the left of a street car which has stopped for the purpose of receiving or
discharging any passenger shall reduce speed and may proceed only upon
exercising due caution for pedestrians and shall accord pedestrians the
right-of-way when required by other Sections of this Chapter.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-1102
(625 ILCS 5/11-1102) (from Ch. 95 1/2, par. 11-1102)
Sec. 11-1102.
Passing street car on right.
The driver of a vehicle overtaking upon the right any street car stopped
or about to stop for the purpose of receiving or discharging any passenger
shall stop such vehicle at least ten feet to the rear of the nearest
running board or door of such street car and thereupon remain standing
until all passengers have boarded such car or upon alighting have reached a
place of safety, except that where a safety zone has been established a
vehicle need not be brought to a stop before passing any such street car
but may proceed past such car at a speed not greater than is reasonable and
proper and with due caution for the safety of pedestrians.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-1103
(625 ILCS 5/11-1103) (from Ch. 95 1/2, par. 11-1103)
Sec. 11-1103.
Driving on street car tracks.
(a) The driver of any vehicle proceeding upon any street car track in
front of a street car upon a street shall remove such vehicle from the
track as soon as practical after signal from the operator of said street
car.
(b) The driver of a vehicle upon overtaking and passing a street car
shall not turn in front of such street car so as to interfere with or
impede its movement.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-1104
(625 ILCS 5/11-1104) (from Ch. 95 1/2, par. 11-1104)
Sec. 11-1104.
Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
(Source: P.A. 76-1586.)
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625 ILCS 5/Ch. 11 Art. XII
(625 ILCS 5/Ch. 11 Art. XII heading)
ARTICLE XII.
SPECIAL STOPS REQUIRED
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625 ILCS 5/11-1201
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of train or railroad track equipment.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop, the
person must
exercise due care and caution as the existence of
a railroad track across a highway is a warning of danger, and under any of
the circumstances stated in this Section, the driver shall stop within 50
feet but not less than 15 feet from the nearest rail of the railroad and
shall not proceed until the tracks are clear and he or she can do so
safely. The
foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal | | device gives warning of the immediate approach of a railroad train or railroad track equipment;
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2. A crossing gate is lowered or a human flagman
| | gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;
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3. A railroad train or railroad track equipment
| | approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;
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4. An approaching railroad train or railroad track
| | equipment is plainly visible and is in hazardous proximity to such crossing;
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5. A railroad train or railroad track equipment is
| | approaching so closely that an immediate hazard is created.
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(a-1) Whenever any person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
| | device gives warning of the immediate approach of a railroad train or railroad track equipment;
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| 2. A crossing gate is lowered or a human flagman
| | gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;
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| 3. A railroad train or railroad track equipment
| | approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;
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| 4. An approaching railroad train or railroad track
| | equipment is plainly visible and is in hazardous proximity to such crossing;
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| 5. A railroad train or railroad track equipment is
| | approaching so closely that an immediate hazard is created.
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| (a-5) Whenever a person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade
crossing where the driver is not always required to stop but must slow down,
the person must exercise due care and caution as the existence of a railroad
track across a highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall slow down within 50 feet
but not less than 15 feet from the nearest rail of the railroad and shall not
proceed until he or she checks that the tracks are clear of an approaching
train or railroad track equipment.
(b) No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs
are erected the driver of any vehicle shall stop within 50
feet but not less than 15 feet from the nearest rail of such
railroad and shall proceed only upon exercising due care.
(d) At any railroad grade crossing provided with railroad crossbuck signs,
without automatic, electric, or mechanical signal devices, crossing gates, or a
human flagman giving a signal of the approach or passage of a train or railroad track equipment, the driver
of a vehicle shall in obedience to the railroad crossbuck sign, yield the
right-of-way and slow down to a speed reasonable for the existing conditions
and shall stop, if required for safety, at a clearly marked stopped line, or if
no stop line, within 50 feet but not less than 15 feet from the nearest rail of
the railroad and shall not proceed until he or she can do so safely. If a
driver is involved in a collision at a railroad crossing or interferes with the
movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the
collision or interference is prima facie evidence of the driver's
failure to yield right-of-way.
(d-1) No person shall, while driving a commercial motor vehicle, fail to
negotiate
a railroad-highway grade railroad crossing because of insufficient
undercarriage
clearance.
(d-5) (Blank).
(e) It is unlawful to violate any part of this
Section.
(1) A violation of this Section is a petty offense
| | for which a fine of $500 shall be imposed for a first violation, and a fine of $1,000 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $500 fine for the first violation.
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(2) For a second or subsequent violation, the
| | Secretary of State may suspend the driving privileges of the offender for a minimum of 6 months.
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(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals indicating the
presence,
approach, passage, or departure of a
train or railroad track equipment shall impose fines as established in subsection (e) of this Section.
(Source: P.A. 103-179, eff. 6-30-23.)
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625 ILCS 5/11-1201.1
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement system.
(a) For the purposes of this Section, an automated railroad grade crossing
enforcement system is a system in a municipality or county operated by a governmental agency that produces a recorded image of a motor vehicle's violation of a provision of this Code or local ordinance and is designed to obtain a clear recorded image of the vehicle and vehicle's license plate. The recorded image must also display the time, date, and location of the violation. As used in this Section, "recorded images" means images recorded by an automated railroad grade crossing enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
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(b) The Illinois
Commerce Commission may, in cooperation with a
local law enforcement agency, establish in any county or municipality an automated
railroad grade crossing enforcement system at any railroad grade crossing equipped with a crossing gate designated by local authorities. Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. After the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.
(b-1) (Blank).
(c) For each violation of Section 11-1201 of this Code or a local ordinance recorded by an automated railroad grade crossing enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
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| (3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
| | date by which the civil penalty should be paid;
|
| (8) a statement that recorded images are evidence of
| | a violation of a railroad grade crossing;
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| (9) a warning that failure to pay the civil penalty
| | or to contest liability in a timely manner is an admission of liability; and
|
| (10) a statement that the person may elect to proceed
| | (A) paying the fine; or
(B) challenging the charge in court, by mail, or
| | by administrative hearing.
|
|
(d) (Blank).
(d-1) (Blank).
(d-2) (Blank).
(e) Based on inspection of recorded images produced by an automated railroad grade crossing enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the following in the defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (1.5) that the motor vehicle was hijacked before
| | the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (2) that the driver of the motor vehicle received a
| | Uniform Traffic Citation from a police officer at the time of the violation for the same offense;
|
| (3) any other evidence or issues provided by
| | municipal or county ordinance.
|
| (e-3) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad grade crossing
enforcement system shall be posted with a sign visible to approaching traffic
stating that the railroad grade crossing is being monitored, that citations
will be issued, and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade crossing enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of citations issued or the revenue generated by the system.
(h) (Blank).
(i) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(j) Penalty. A civil fine of
$250 shall be imposed for a first violation of this Section, and a civil fine of $500 shall be
imposed for a second or subsequent violation of this Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; 102-813, eff. 5-13-22; 102-905, eff. 1-1-23 .)
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625 ILCS 5/11-1201.5
(625 ILCS 5/11-1201.5)
Sec. 11-1201.5. (Repealed).
(Source: P.A. 94-771, eff. 1-1-07. Repealed by P.A. 96-478, eff. 1-1-10.)
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625 ILCS 5/11-1202
(625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
Sec. 11-1202. Certain vehicles must stop at all railroad grade
crossings.
(a) The driver of any of the following vehicles shall, before
crossing a railroad track or tracks at grade, stop such vehicle within 50
feet but not less than 15 feet from the nearest rail and, while so stopped,
shall listen and look for the approach of a train or railroad track equipment and shall not proceed
until such movement can be made with safety:
1. Any second division vehicle carrying passengers | |
2. Any bus that meets all of the special requirements
| | for school buses in Sections 12-801, 12-803, and 12-805 of this Code. The driver of the bus, in addition to complying with all other applicable requirements of this subsection (a), must also (i) turn off all noise producing accessories, including heater blowers, defroster fans, auxiliary fans, and radios, and (ii) open the service door and driver's window, before crossing a railroad track or tracks;
|
|
3. (Blank).
(a-1) The driver of any of the following vehicles shall, before crossing a railroad track or tracks at grade, stop such vehicle within 50 feet but not less than 15 feet from the nearest rail and, while so stopped, shall listen and look for the approach of a train or railroad track equipment and shall not proceed until such movement can be made with safety:
1. A commercial motor vehicle, as defined in Section
| | 6-500 of this Code, carrying passengers for hire;
|
| 2. Any bus that meets all of the special
| | requirements for school buses in Sections 12-801, 12-803, and 12-805 of this Code and is designed to transport 16 or more persons, including the driver. The driver of the bus, in addition to complying with all other applicable requirements of this subsection (a-1), must also (i) turn off all noise producing accessories, including heater blowers, defroster fans, auxiliary fans, and radios, and (ii) open the service door and driver's window, before crossing a railroad track or tracks;
|
| 3. Any other vehicle which is required by federal
| | or State law to be placarded when carrying as a cargo or part of a cargo hazardous material as defined in the Illinois Hazardous Materials Transportation Act.
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| After stopping as required in this Section, the driver shall proceed only in
a gear not requiring a change of gears during the crossing, and the driver
shall not shift gears while crossing the track or tracks.
(b) This Section shall not apply:
1. At any railroad grade crossing where traffic is
| | controlled by a police officer or flagperson;
|
|
2. At any railroad grade crossing controlled by a
| | functioning traffic-control signal transmitting a green indication which, under law, permits the vehicle to proceed across the railroad tracks without slowing or stopping, except that subsection (a) shall apply to any school bus;
|
|
3. At any streetcar grade crossing within a business
| | or residence district; or
|
|
4. At any abandoned, industrial or spur track
| | railroad grade crossing designated as exempt by the Illinois Commerce Commission and marked with an official sign as authorized in the State Manual on Uniform Traffic Control Devices for Streets and Highways.
|
|
(Source: P.A. 103-179, eff. 6-30-23.)
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625 ILCS 5/11-1203
(625 ILCS 5/11-1203) (from Ch. 95 1/2, par. 11-1203)
Sec. 11-1203. Moving heavy equipment at railroad grade crossing.
(a) No person shall operate or move any crawler-type tractor, power
shovel, derrick, roller, or any equipment or structure having a normal
operating speed of 10 or less miles per hour, or, for such equipment with
18 feet or less distance between two adjacent axles, having a vertical body
or load clearance of less than 9 inches above a level surface, or, for such
equipment with more than 18 feet between two adjacent axles, having a
vertical body or load clearance of less than 1/2 inch per foot of distance
between such adjacent axles above a level surface upon or across any tracks
at a railroad grade crossing without first complying with this Section.
(b) Notice of any such intended crossing shall be given to a
superintendent of such railroad and a reasonable time be given to such
railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any
such vehicle or equipment shall first stop the same not less than 15 feet
nor more than 50 feet from the nearest rail of such railway and while so
stopped shall listen and look in both directions along such track for any
approaching train or railroad track equipment and for signals indicating the approach of a train or railroad track equipment, and
shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train, railroad track equipment, or car.
(Source: P.A. 96-1244, eff. 1-1-11.)
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625 ILCS 5/11-1204
(625 ILCS 5/11-1204) (from Ch. 95 1/2, par. 11-1204)
(Text of Section before amendment by P.A. 103-706 )
Sec. 11-1204.
Stop and yield signs.
(a) Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 11-302 of this Act.
(b) Except when directed to proceed by a police officer or traffic
control signal, every driver of a vehicle and every motorman of a streetcar
approaching a stop intersection indicated by a stop sign shall stop before
entering the crosswalk on the near side of the intersection or, in the
event there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before
entering the intersection.
(c) The driver of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the crosswalk on the near side of
the intersection or, in the event there is no crosswalk, at a clearly
marked stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway.
(Source: P.A. 76-1586.)
(Text of Section after amendment by P.A. 103-706 ) Sec. 11-1204. Stop and yield signs. (a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in Section 11-302 of this Act. (b) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle and every motorman of a streetcar approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. (c) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (Source: P.A. 103-706, eff. 1-1-25.)
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625 ILCS 5/11-1205
(625 ILCS 5/11-1205) (from Ch. 95 1/2, par. 11-1205)
Sec. 11-1205.
Emerging from alley, building, or private road or driveway.
The driver of a vehicle emerging from an alley, building, private road
or driveway within an urban area shall stop such vehicle immediately prior
to driving into the sidewalk area extending across such alley, building
entrance, road or driveway, or in the event there is no sidewalk area,
shall stop at the point nearest the street to be entered where the driver
has a view of approaching traffic thereon, and shall yield the right-of-way
to any pedestrian as may be necessary to avoid collision, and upon entering
the roadway shall yield the right-of-way to all vehicles approaching on
such roadway.
(Source: P.A. 77-1344.)
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625 ILCS 5/Ch. 11 Art. XIII
(625 ILCS 5/Ch. 11 Art. XIII heading)
ARTICLE XIII.
STOPPING, STANDING,
AND PARKING
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625 ILCS 5/11-1301
(625 ILCS 5/11-1301) (from Ch. 95 1/2, par. 11-1301)
Sec. 11-1301.
Stopping, standing or parking outside of business or residence
district.
(a) Outside a business or residence district,
no person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon the roadway when
it is practicable to stop, park or so leave such vehicle off
the roadway, but in every event an unobstructed width of the highway
opposite a standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicle shall be available from a
distance of 200 feet in each direction upon such highway.
(b) The Department with respect to highways under its jurisdiction or
for the maintenance of which it is responsible may place signs prohibiting
or restricting the stopping, standing or parking of vehicles on any highway
where in its opinion such stopping, standing or parking is dangerous to
those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon.
Any such regulations adopted by the Department regarding the stopping,
standing or parking of vehicles upon any specific street, streets or
highways become effective at the time of the erection of appropriate signs
indicating such regulations. Any such signs may be erected either by the
Department or by a local authority with the approval of the Department.
(c) This Section, Section 11-1303 and Section 11-1304 shall
not apply to the driver of any vehicle which is
disabled in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the vehicle
in such position.
(d) Any second division vehicle used exclusively for the collection of
garbage, refuse, or recyclable material may stop or stand on the road in a
business, rural, or
residential district for the sole purpose of collecting garbage, refuse, or
recyclable material. The vehicle, in addition to having its hazard lights
lighted at all times that it is engaged in stopping or standing, shall also use
its amber oscillating, rotating, or flashing light or lights as authorized
under
paragraph 12 of subsection (b) of Section 12-215, if so equipped.
(Source: P.A. 91-869, eff. 1-1-01.)
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625 ILCS 5/11-1301.1
(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking privileges - Exemptions. (a) A motor vehicle bearing registration plates or digital registration plates issued to a person with
disabilities, as defined by Section 1-159.1, pursuant to Section 3-616 or to a
veteran with a disability pursuant to subsection (a) of Section 3-609 or a special decal or device issued
pursuant to Section 3-616 or pursuant to Section 11-1301.2 of this Code or a
motor vehicle registered in another jurisdiction, state, district, territory or
foreign country upon which is displayed a registration plate or digital registration plate, special decal or
device issued by the other jurisdiction designating the vehicle is operated by
or for a person with disabilities shall be exempt from the payment of parking
meter fees until January 1, 2014, and exempt from any statute or ordinance imposing time limitations
on parking, except limitations of one-half hour or less, on any street or
highway zone, a parking area subject to regulation under subsection (a) of Section 11-209 of this Code, or any parking lot or parking place which
are owned, leased or owned and leased by a municipality or a municipal
parking utility; and shall be recognized by state and local authorities
as a valid license plate or parking device and shall receive the same
parking privileges as residents of this State; but, such vehicle shall be
subject to the laws which prohibit parking in "no stopping" and "no
standing" zones in front of or near fire hydrants, driveways, public
building entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a traffic
hazard, whereby such motor vehicle shall be moved at the instruction and
request of a law enforcement officer to a location designated by the
officer. (b) Any motor vehicle bearing registration plates or digital registration plates or a special decal
or device specified in this Section or in Section 3-616 of this Code or
such parking device as specifically authorized in Section 11-1301.2 as
evidence that the vehicle is operated by or for a person with disabilities or bearing registration plates or digital registration plates issued to a
veteran with a disability under subsection (a) of Section 3-609 may park, in addition to any
other lawful place, in any parking place specifically reserved for such
vehicles by the posting of an official sign as provided under Section 11-301.
Parking privileges granted by this Section are strictly limited
to the person to whom the special registration plates or digital registration plates, special decal or
device were issued and to qualified operators acting under his or her express
direction while the person with disabilities is present.
A person to whom privileges were granted shall, at the request of a
police officer or any other person invested by law with authority to direct,
control, or regulate traffic, present an identification card with a picture as
verification that the
person is the person to whom the special registration plates or digital registration plates, special decal or
device was issued.
(c) Such parking privileges granted by this Section are also extended to
motor vehicles of not-for-profit organizations used for the transportation of
persons with disabilities when such motor vehicles display the decal or device
issued pursuant to Section 11-1301.2 of this Code.
(d) No person shall use any area for the parking of any motor vehicle
pursuant to Section 11-1303 of this Code or where an official sign
controlling such area expressly prohibits parking at any time or during
certain hours.
(e) Beginning January 1, 2014, a vehicle displaying a decal or device issued under subsection (c-5) of Section 11-1301.2 of this Code shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking area. (Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/11-1301.2
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with disabilities.
(a) The Secretary of State shall provide for, by administrative rules, the
design, size, color, and placement of a person with disabilities motorist decal
or device
and shall provide for, by administrative
rules, the content and form of an application for a person with disabilities
motorist decal or device,
which shall be used by local authorities in the issuance thereof to a
person with temporary disabilities, provided that the decal or device is
valid for no more than 90 days, subject to renewal for like periods based upon
continued disability, and further provided that the decal or device clearly
sets forth the date that the decal or device expires.
The application shall
include the requirement of an Illinois Identification Card number or a State
of Illinois driver's license number or, if the applicant does not have an identification card or driver's license number, then the applicant may use a valid identification number issued by a branch of the U.S. military or a federally issued Medicare or Medicaid identification number.
This decal or device may be used by the authorized holder to designate and identify a vehicle not owned or displaying a
registration plate or digital registration plate as provided in Sections 3-609 and 3-616 of this Act to
designate when the vehicle is being used to transport said person or persons
with disabilities, and thus is entitled to enjoy all the privileges that would
be afforded a person with disabilities licensed vehicle.
Person with disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local authorities
regardless of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by adequate
documentation that the person for whose benefit the decal or device is to be
used has a disability as defined in Section 1-159.1 of this
Code and the disability is temporary.
(a-5) The Secretary may provide a disabilities motorist decal or device to an expectant mother during her third trimester. An application under this subsection is subject to application requirements under subsection (a). The decal or device shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. The decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester. (b) The local governing authorities shall be responsible for the provision
of such decal or device, its issuance and designated placement within the
vehicle. The cost of such decal or device shall be at the discretion of
such local governing authority.
(c) The Secretary of State may, pursuant to Section 3-616(c), issue
a person with disabilities parking decal or device to a person with
disabilities as defined by Section 1-159.1. Any person with disabilities
parking decal or device issued by the Secretary of State shall be registered to
that person with disabilities in the form to be prescribed by the Secretary of
State. The person with disabilities parking decal or device shall not display
that person's address. One additional decal or device may be issued to an
applicant upon his or her written request and with the approval of the
Secretary of
State.
The written request must include a justification of the need for the
additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall provide by administrative rule for the issuance of a separate and distinct parking decal or device for persons with disabilities as defined by Section 1-159.1 of this Code and who meet the qualifications under this subsection. The authorized holder of a decal or device issued under this subsection (c-5) shall be exempt from the payment of fees generated by parking in a metered space, a parking area subject to paragraph (10) of subsection (a) of Section 11-209 of this Code, or a publicly owned parking area. The Secretary shall issue a meter-exempt decal or device to a person with
disabilities who: (i) has been issued registration plates or digital registration plates under subsection (a) of Section 3-609 or Section 3-616 of this Code or a special decal or device under this Section, (ii) holds a valid Illinois driver's license, and (iii) is unable to do one or more of the following: (1) manage, manipulate, or insert coins, or obtain | | tickets or tokens in parking meters or ticket machines in parking lots, due to the lack of fine motor control of both hands;
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| (2) reach above his or her head to a height of 42
| | inches from the ground, due to a lack of finger, hand, or upper extremity strength or mobility;
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| (3) approach a parking meter due to his or her use of
| | a wheelchair or other device for mobility; or
|
| (4) walk more than 20 feet due to an orthopedic,
| | neurological, cardiovascular, or lung condition in which the degree of debilitation is so severe that it almost completely impedes the ability to walk.
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| The application for a meter-exempt parking decal or device shall contain a statement certified by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the permanent nature of the applicant's condition and verifying that the applicant meets the physical qualifications specified in this subsection (c-5).
Notwithstanding the requirements of this subsection (c-5), the Secretary shall issue a meter-exempt decal or device to a person who has been issued registration plates or digital registration plates under Section 3-616 of this Code or a special decal or device under this Section, if the applicant is the parent or guardian of a person with disabilities who is under 18 years of age and incapable of driving.
(d) Replacement decals or devices may be issued for lost, stolen, or
destroyed decals upon application and payment of a $10 fee. The replacement
fee may be waived for individuals that have claimed and received a grant under
the Senior Citizens and Persons with Disabilities Property Tax Relief Act.
(e) A person classified as a veteran under subsection (e) of Section 6-106 of this Code that has been issued a decal or device under this Section shall not be required to submit evidence of disability in order to renew that decal or device if, at the time of initial application, he or she submitted evidence from his or her physician or the Department of Veterans' Affairs that the disability is of a permanent nature. However, the Secretary shall take reasonable steps to ensure the veteran still resides in this State at the time of the renewal. These steps may include requiring the veteran to provide additional documentation or to appear at a Secretary of State facility. To identify veterans who are eligible for this exemption, the Secretary shall compare the list of the persons who have been issued a decal or device to the list of persons who have been issued a vehicle registration plate or digital registration plate for veterans with disabilities under Section 3-609 of this Code, or who are identified as a veteran on their driver's license under Section 6-110 of this Code or on their identification card under Section 4 of the Illinois Identification Card Act.
(Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22 .)
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625 ILCS 5/11-1301.3
(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 veteran with a disability pursuant to Section 3-609 of this Act, as evidence that the
vehicle is operated by or for a person with disabilities or a veteran with a disability,
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.
Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a
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 veteran with a disability 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.
(a-2) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Section 3-616, 11-1301.1, or 11-1301.2 or to a veteran with a disability under Section 3-609 is in violation of this Section if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device 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) shall be fined $250 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
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) a first time shall be fined $600. Any person found guilty of violating subsection (a-1) a second or subsequent time shall be fined $1,000. Any person who violates subsection (a-2) is guilty of a Class A misdemeanor and shall be fined $2,500. The circuit clerk shall distribute 50% of the 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 50% of the fine imposed shall be shared equally.
If an officer of the Secretary of State Department of Police arrested a person for a violation of this Section, 50% of the fine imposed shall be deposited into the Secretary of State Police Services Fund. (d) Local authorities shall impose fines as established in subsections
(c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an individual
issued a disability
license plate under Section 3-616 of this
Code, an individual issued a parking decal or device
under Section 11-1301.2 of this Code, or an individual issued a license plate for veterans with disabilities under Section 3-609 of this Code. (f) Any person who commits a violation of subsection (a-1) or a similar provision of a local ordinance 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. Any person who commits a violation of subsection (a-2) or a similar provision of a local ordinance shall have his or her driving privileges revoked 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.
(g) 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 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 license plate of any person who commits a violation of this Section. (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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625 ILCS 5/11-1301.4
(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
Sec. 11-1301.4. Reciprocal agreements with other jurisdictions; temporary decal. (a) 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 residents of this
State with disabilities 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
residents of this State with disabilities 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.
(b) The Secretary may issue a one-time decal or device to any non-resident of this State who is a person with disabilities and who is displaced from another jurisdiction due to a national disaster as declared by the federal government. The person shall provide the Secretary proof that he or she is residing at an Illinois residence for the duration of his or her time in this State and proof of disability, including, but not limited to, a device or decal issued by another jurisdiction, a designation on a driver's license or identification card issued by another jurisdiction, or a medical certification by an Illinois licensed physician, physician assistant, or advanced practice registered nurse. A device or decal issued under this subsection (b) shall be valid for a period not to exceed 6 months. (Source: P.A. 99-143, eff. 7-27-15; 100-702, eff. 1-1-19 .)
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625 ILCS 5/11-1301.5
(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered disability
license plate or parking decal or device. (a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal
or device, or any license plate issued to a veteran with a disability 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, military identification number, Medicaid or Medicare identification 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 veterans with disabilities under Section 3-609 of this Code, that
falsifies the content of the application.
"Unlawfully altered disability
license plate or parking
permit or device" means any disability license plate or parking
permit or device, or any license plate issued to a veteran with a disability under Secti |
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