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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.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 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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| (2) for submitting to validated roadside chemical
| | 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) 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
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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.
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| "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
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(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
| |
(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. 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.
|
| (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
|
| (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.
|
| (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
|
| (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.
|
| 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.)
|
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
|
| (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.
|
| (b) A person who violates subsection (a) of this Section commits a petty offense.
(Source: P.A. 101-173, eff. 1-1-20 .)
|
625 ILCS 5/11-908 (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908) 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
|
| (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.
|
| (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.
|
| (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 .)
|
625 ILCS 5/Ch. 11 Art. X
(625 ILCS 5/Ch. 11 Art. X heading)
ARTICLE X.
PEDESTRIANS' RIGHTS AND DUTIES
|
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 .)
|
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.)
|
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.)
|
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.)
|
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.)
|
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.)
|
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.)
|
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 .)
|
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;
|
|
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.
|
|
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.)
|
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.)
|
625 ILCS 5/Ch. 11 Art. XI
(625 ILCS 5/Ch. 11 Art. XI heading)
ARTICLE XI.
STREET CARS AND SAFETY ZONES
|
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;
|
| 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;
|
| 4. An approaching railroad train or railroad track
| | equipment is plainly visible and is in hazardous proximity to such crossing;
|
| 5. A railroad train or railroad track equipment is
| | approaching so closely that an immediate hazard is created.
|
| (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;
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| (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
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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.
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|
(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;
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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 at the time of the violation for the same offense;
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| (3) any other evidence or issues provided by
| | municipal or county ordinance.
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| (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;
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|
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;
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| 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;
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| 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;
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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;
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3. At any streetcar grade crossing within a business
| | or residence district; or
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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.
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(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)
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
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| (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 Section 3-609 of this Code, issued by the Secretary of State or an authorized unit of
local government that has been physically altered or changed in such manner
that false information appears on the license plate or parking decal or device.
"Authorized holder" means an individual issued a disability
license plate under Section 3-616 of this Code or 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.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or unlawfully | | altered disability license plate or parking decal or device;
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(2) to knowingly issue or assist in the issuance of,
| | by the Secretary of State or unit of local government, any fictitious disability license plate or parking decal or device;
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(3) to knowingly alter any disability license plate
| | or parking decal or device;
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(4) to knowingly manufacture, possess, transfer, or
| | provide any documentation used in the application process whether real or fictitious, for the purpose of obtaining a fictitious disability license plate or parking decal or device;
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(5) to knowingly provide any false information to the
| | Secretary of State or a unit of local government in order to obtain a disability license plate or parking decal or device;
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(6) to knowingly transfer a disability license plate
| | or parking decal or device for the purpose of exercising the privileges granted to an authorized holder of a disability license plate or parking decal or device under this Code in the absence of the authorized holder; or
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(7) who is a physician, physician assistant, or
| | advanced practice registered nurse to knowingly falsify a certification that a person is a person with disabilities as defined by Section 1-159.1 of this Code.
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(1) Any person convicted of a violation of paragraph
| | (1), (2), (3), (4), (5), or (7) of subsection (b) of this Section shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense. Any person convicted of a violation of subdivision (b)(6) of this Section is guilty of a Class A misdemeanor and shall be fined not less than $1,000 for a first offense and not less than $2,000 for a second or subsequent offense. The circuit clerk shall distribute one-half of any 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, one-half of the fine imposed shall be shared equally.
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(2) Any person who commits a violation of this
| | Section 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. The Secretary of State may suspend or revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section.
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(3) 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.
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(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18; 100-702, eff. 1-1-19 .)
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625 ILCS 5/11-1301.6
(625 ILCS 5/11-1301.6)
Sec. 11-1301.6. Fraudulent disability license plate or
parking decal or device. (a) As used in this Section:
"Fraudulent disability
license plate or parking decal or
device"
means any disability license plate or parking decal or device
that purports to be an official disability license plate or
parking decal or device and that has not been issued by the Secretary of State
or an authorized unit of local government.
"Disability license plate or parking decal or device-making
implement" means any implement specially designed or primarily used in the
manufacture, assembly, or authentication of a disability license
plate or parking decal or device, or a license plate issued to a veteran with a disability under Section 3-609 of this Code, issued by the Secretary of State or a unit of
local government.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent disability | | license plate or parking decal;
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(2) to knowingly possess without authority any
| | disability license plate or parking decal or device-making implement;
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(3) to knowingly duplicate, manufacture, sell, or
| | transfer any fraudulent or stolen disability license plate or parking decal or device;
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(4) to knowingly assist in the duplication,
| | manufacturing, selling, or transferring of any fraudulent, stolen, or reported lost or damaged disability license plate or parking decal or device; or
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(5) to advertise or distribute a fraudulent
| | disability license plate or parking decal or device.
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(c) Sentence.
(1) Any person convicted of a violation of this
| | Section shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense. The circuit clerk shall distribute half of any 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, one-half of the fine imposed shall be shared equally.
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(2) Any person who commits a violation of this
| | Section 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.
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(3) 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.
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(Source: P.A. 99-143, eff. 7-27-15.)
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625 ILCS 5/11-1301.7
(625 ILCS 5/11-1301.7)
Sec. 11-1301.7. Appointed volunteers and contracted
entities; parking violations for persons with disabilities.
(a) The chief of police of a municipality and the sheriff of a county
authorized to enforce parking laws may appoint volunteers or contract with
public or private entities to issue parking violation notices for violations
of Section 11-1301.3 or ordinances dealing with parking privileges for persons
with disabilities. Volunteers appointed under this Section and any employees
of public or private entities that the chief of police or sheriff has
contracted with under this Section who are issuing these parking violation
notices must be at least 21 years of age. The chief of police or sheriff
appointing the volunteers or contracting with public or private entities may
establish any other qualifications that he or she deems desirable.
(b) The chief of police or sheriff appointing volunteers under this Section
shall provide training to the volunteers before authorizing them to issue
parking violation notices.
(c) A parking violation notice issued by a volunteer appointed under this
Section or by a public or private entity that the chief of police or sheriff
has contracted with under this Section shall have
the same force and effect as a parking violation notice issued by a police
officer for the same offense.
(d) All funds collected as a result of the payment of the parking violation
notices issued under this Section shall go to the municipality or county where
the notice is issued.
(e) An appointed volunteer or private or public entity under contract
pursuant to this Section is not liable for his or her or its act or omission in
the execution or enforcement of laws or ordinances if acting within the scope
of the appointment or contract authorized by this Section, unless the act or
omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local government, a chief of
police, sheriff, or
employee of a police department or sheriff, as such and acting within the scope
of his or her employment, is not liable for an injury caused by the act or
omission of an appointed volunteer or private or public entity under contract
pursuant to this Section. No local government, chief of police, sheriff, or an
employee of a local government, police department or sheriff shall be liable
for any actions regarding the supervision or direction, or the failure to
supervise and direct, an appointed volunteer or private or public entity under
contract pursuant to this Section unless the act or omission constitutes
willful and wanton conduct.
(g) An appointed volunteer or private or public entity under contract
pursuant to this Section shall assume all liability for and hold the property
owner and his agents and employees harmless from any and all claims of action
resulting from the work of the appointed volunteer or public or private
entity.
(Source: P.A. 99-143, eff. 7-27-15.)
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625 ILCS 5/11-1301.8 (625 ILCS 5/11-1301.8) Sec. 11-1301.8. Obstruction of parking places for persons with disabilities. (a) No property owner shall allow any unreasonable obstruction of a designated aisle or parking place specifically reserved for persons with
disabilities after 24 hours following the conclusion of an adverse weather event. (b) No property owner shall allow the accumulation of debris or large objects, such as trash containers, to unreasonably obstruct any designated aisle or parking place specifically reserved for persons with
disabilities without providing suitable and equivalent alternative parking spaces on-site. (c) This Section shall apply to both public and private property where any designated aisle or parking place is specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11-301 of this Code. (d) A person who violates this Section shall be guilty of a petty offense and pay a fine of not more than $250.
(Source: P.A. 96-1125, eff. 1-1-11; 97-333, eff. 8-12-11.) |
625 ILCS 5/11-1302
(625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
Sec. 11-1302. Officers authorized to remove vehicles. (a) Whenever any police officer
finds a vehicle
in violation of any of the provisions of Section
11-1301 such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same, to a position
off the roadway.
(b) Any police officer is hereby authorized to remove or cause to be removed
to a place of safety any unattended
vehicle illegally left standing upon any highway, bridge, causeway,
or in a tunnel, in such a
position or under such circumstances as to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled vehicle
standing upon the paved or main-traveled part of a highway, which
vehicle is or may be expected to interrupt the free flow of traffic
on the highway or interfere with the maintenance of the highway,
the Department is authorized to move the vehicle to a position off
the paved or improved or main-traveled part of the highway.
(c) Any police officer is hereby authorized to remove or cause
to be removed to the nearest garage or other place of safety any
vehicle found upon a highway when:
1. report has been made that such vehicle has been | | stolen or taken without the consent of its owner, or
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2. the person or persons in charge of such vehicle
| | are unable to provide for its custody or removal, or
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3. the person driving or in control of such vehicle
| | is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay, or
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4. the registration of the vehicle has been
| | suspended, cancelled, or revoked.
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| (Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13.)
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625 ILCS 5/11-1303
(625 ILCS 5/11-1303) (from Ch. 95 1/2, par. 11-1303)
Sec. 11-1303. Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic-control device, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or | | parked at the edge or curb of a street;
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b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or
| | within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
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f. Alongside or opposite any street excavation or
| | obstruction when stopping, standing or parking would obstruct traffic;
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g. Upon any bridge or other elevated structure
| | upon a highway or within a highway tunnel;
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h. On any railroad tracks. A violation of any
| | part of this subparagraph h. shall result in a mandatory fine of $500 or 50 hours of community service.
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i. At any place where official signs prohibit
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j. On any controlled-access highway;
k. In the area between roadways of a divided
| | highway, including crossovers;
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l. In a public parking area if the vehicle does
| | not display a current annual registration sticker or digital registration sticker or current temporary permit pending registration.
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2. Stand or park a vehicle, whether occupied or not,
| | except momentarily to pick up or discharge passengers:
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a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an
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d. Within 30 feet upon the approach to any
| | flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
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e. Within 20 feet of the driveway entrance to any
| | fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly sign-posted);
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f. At any place where official signs prohibit
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3. Park a vehicle, whether occupied or not, except
| | temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
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a. Within 50 feet of the nearest rail of a
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b. At any place where official signs prohibit
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(b) No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/11-1304
(625 ILCS 5/11-1304) (from Ch. 95 1/2, par. 11-1304)
Sec. 11-1304.
Additional parking regulations.
(a) Except as otherwise
provided in this section, every vehicle
stopped or parked upon a two-way roadway shall be so stopped or
parked with the right-hand wheels parallel to and within 12 inches
of the right-hand curb or as close as practicable to the right
edge of the right-hand shoulder.
(b) Except when otherwise provided by local ordinance, every
vehicle stopped or parked upon a one-way roadway shall be so
stopped or parked parallel to the curb or edge of the roadway,
in the direction of authorized traffic movement, with its right-hand
wheels within 12 inches of the right-hand curb or as close as practicable
to the right edge of the right-hand shoulder, or with its left-hand
wheels within 12 inches of the left-hand curb or as close as
practicable to the left edge of the left-hand shoulder.
(c) Local authorities may permit angle parking on any roadway, except
that angle parking shall not be permitted on any federal-aid or State highway unless
the Department has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(d) The Department with respect to highways under its jurisdiction may place
signs prohibiting, limiting, 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.
No person shall stop, stand or park any vehicle in violation of the restrictions
indicated by such devices.
(Source: P.A. 79-801; 79-1069; 79-1454.)
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625 ILCS 5/11-1304.5
(625 ILCS 5/11-1304.5)
Sec. 11-1304.5. Parking of vehicle with expired registration. No
person may stop, park, or leave standing upon a public street, highway, or
roadway a vehicle upon
which is
displayed an Illinois registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker
after the termination of
the registration
period, except as provided for in subsection (b) of Section 3-701 of this Code, for which the registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker was
issued or after the
expiration date set under
Section 3-414 or 3-414.1 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/11-1305
(625 ILCS 5/11-1305) (from Ch. 95 1/2, par. 11-1305)
Sec. 11-1305. Lessors of visitor vehicles - Duty upon receiving
notice of violation of this Article or local parking regulation.
Every person in whose name a vehicle is registered pursuant to
law and who leases such vehicle to others, after receiving written
notice of a violation of this Article or a parking regulation of a local
authority involving such vehicle, shall upon request provide such police
officers as have authority of the offense, and the court having
jurisdiction thereof, with a written statement of the name and address
of the lessee at the time of such offense and the identifying number
upon the registration plates or digital registration plates and registration sticker or stickers or digital registration sticker or stickers of
such vehicle.
(Source: P.A. 101-395, eff. 8-16-19.)
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