093_HB1204
LRB093 09358 DRH 09593 b
1 AN ACT in regard to vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 11-1301.3 as follows:
6 (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
7 Sec. 11-1301.3. Unauthorized use of parking places
8 reserved for persons with disabilities.
9 (a) No person may It shall be prohibited to park any
10 motor vehicle which is not properly displaying registration
11 plates or decals issued to a person with disabilities, as
12 defined by Section 1-159.1, pursuant to Sections 3-616,
13 11-1301.1 or 11-1301.2, or to a disabled veteran pursuant to
14 Section 3-609 of this Act, as evidence that the vehicle is
15 operated by or for a person with disabilities or disabled
16 veteran, in any parking place, including any private or
17 public offstreet parking facility, specifically reserved, by
18 the posting of an official sign as designated under Section
19 11-301, for motor vehicles displaying such registration
20 plates. It shall be prohibited to park any motor vehicle in a
21 designated access aisle adjacent to any parking place
22 specifically reserved for persons with disabilities, by the
23 posting of an official sign as designated under Section
24 11-301, for motor vehicles displaying such registration
25 plates. When using the parking privileges for persons with
26 disabilities, the parking decal or device must be displayed
27 properly in the vehicle where it is clearly visible to law
28 enforcement personnel, either hanging from the rearview
29 mirror or placed on the dashboard of the vehicle in clear
30 view. An individual with a vehicle properly displaying a
31 person with disabilities license plate or parking decal or
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1 device issued to a disabled person under Sections 3-616,
2 11-1301.1, or 11-1301.2 is in violation of this Section if
3 the person is not the authorized holder of a person with
4 disabilities license plate or parking decal or device and is
5 not transporting the authorized holder of a person with
6 disabilities license plate or parking decal or device to or
7 from the parking location and the person uses the person with
8 disabilities license plate or parking decal or device to
9 exercise any privileges granted through the person with
10 disabilities license plates or parking decals or devices
11 under this Code. Any motor vehicle properly displaying a
12 person with disabilities license plate or a person with
13 disabilities parking decal or device containing the
14 International symbol of access issued to persons with
15 disabilities by any local authority, state, district,
16 territory or foreign country shall be recognized by State and
17 local authorities as a valid license plate or device and
18 receive the same parking privileges as residents of this
19 State.
20 (b) Any person or local authority owning or operating
21 any public or private offstreet parking facility may, after
22 notifying the police or sheriff's department, remove or cause
23 to be removed to the nearest garage or other place of safety
24 any vehicle parked within a stall or space reserved for use
25 by a person with disabilities which does not display person
26 with disabilities registration plates or a special decal or
27 device as required under this Section.
28 (c) Any person found guilty of violating the provisions
29 of this Section shall be fined $100 in addition to any costs
30 or charges connected with the removal or storage of any motor
31 vehicle authorized under this Section; but municipalities by
32 ordinance may impose a fine up to $200 and shall display
33 signs indicating the fine imposed. If the amount of the fine
34 is subsequently changed, the municipality shall change the
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1 sign to indicate the current amount of the fine. It shall not
2 be a defense to a charge under this Section that the sign
3 posted pursuant to this Section does not comply with the
4 technical requirements of Section 11-301, Department
5 regulations, or local ordinance if a reasonable person would
6 be made aware by the sign or notice on or near the parking
7 place that the place is reserved for a person with
8 disabilities.
9 (d) Local authorities shall impose fines as established
10 in subsection (c) for violations of this Section.
11 (e) As used in this Section, "authorized holder" means
12 an individual issued a person with disabilities license plate
13 under Section 3-616 of this Code or an individual issued a
14 person with disabilities parking decal or device under
15 Section 11-1301.2 of this Code.
16 (Source: P.A. 91-427, eff. 8-6-99; 92-411, eff. 1-1-02;
17 92-637, eff. 1-1-03.)