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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2136
Introduced 10/19/2005, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/12-215 |
from Ch. 95 1/2, par. 12-215 |
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Amends the Illinois Vehicle Code. Provides that vehicles owned and operated by paid or unpaid members of a local or county emergency management services agency may use blue oscillating, rotating, or flashing lights, when used in combination with red oscillating, rotating, or flashing lights. Provides that these lights may not be lighted except when responding to a bona fide emergency. Effective immediately.
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A BILL FOR
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SB2136 |
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LRB094 14355 DRH 49278 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 12-215 as follows:
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| (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
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| Sec. 12-215. Oscillating, rotating or flashing lights on |
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| motor vehicles. Except as otherwise provided in this Code:
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| (a) The use of red or white oscillating, rotating or |
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| flashing lights,
whether lighted or unlighted, is prohibited |
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| except on:
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| 1. Law enforcement vehicles of State, Federal or
local |
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| authorities;
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| 2. A vehicle operated by a police officer or county |
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| coroner
and designated or authorized by local authorities, |
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| in writing, as a law
enforcement vehicle; however, such |
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| designation or authorization must
be carried in the |
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| vehicle;
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| 2.1. A vehicle operated by a fire chief who has |
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| completed an emergency vehicle operation training course |
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| approved by the Office of the State Fire Marshal and |
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| designated or authorized by local authorities, in writing, |
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| as a fire department, fire protection district, or township |
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| fire department vehicle; however, the designation or |
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| authorization must
be carried in the vehicle, and the |
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| lights may be visible or activated only when responding to |
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| a bona fide emergency;
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| 3. Vehicles of local fire departments and State or |
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| federal
firefighting vehicles;
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| 4. Vehicles which are designed and used exclusively as |
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| ambulances
or rescue vehicles; furthermore, such lights |
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| shall not be lighted except
when responding to an emergency |
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SB2136 |
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LRB094 14355 DRH 49278 b |
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| call for and while actually conveying the
sick or injured;
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| 5. Tow trucks licensed in a state that requires such |
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| lights;
furthermore, such lights shall not be lighted on |
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| any such tow truck while the
tow truck is
operating in the |
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| State of Illinois;
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| 6. Vehicles of the Illinois Emergency Management |
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| Agency, vehicles of the Illinois Department of Public |
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| Health, and vehicles of
the
Department of Nuclear Safety;
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| 7. Vehicles operated by a local or county emergency |
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| management
services agency as defined in the Illinois |
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| Emergency
Management Agency Act;
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| 8. School buses operating alternately flashing head |
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| lamps as permitted
under Section 12-805 of this Code; and
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| 9. Vehicles that are equipped and used exclusively as |
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| organ transplant
vehicles when used in combination with |
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| blue oscillating, rotating, or flashing
lights; |
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| furthermore, these lights shall be lighted only when the |
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| transportation
is declared an emergency by a member of the |
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| transplant team or a representative
of the organ |
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| procurement organization. |
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| (b) The use of amber oscillating, rotating or flashing |
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| lights, whether
lighted or unlighted, is prohibited except on:
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| 1. Second division vehicles designed and used for |
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| towing or hoisting
vehicles; furthermore, such lights |
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| shall not be lighted except as
required in
this paragraph |
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| 1; such lights shall be lighted
when such vehicles are |
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| actually being
used at the scene of an accident or
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| disablement; if the towing vehicle is equipped with a flat |
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| bed that
supports all wheels of the vehicle being |
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| transported, the lights shall not be
lighted while the |
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| vehicle is engaged in towing on a highway; if the towing
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| vehicle is not equipped with a flat bed that supports all |
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| wheels of a vehicle
being transported, the lights shall be |
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| lighted while the
towing
vehicle is engaged in towing on a |
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| highway during all
times when the use
of headlights is |
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| required under Section 12-201 of this Code;
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LRB094 14355 DRH 49278 b |
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| 2. Motor vehicles or equipment of the State of |
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| Illinois, local authorities
and contractors; furthermore, |
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| such lights shall not be lighted except while
such vehicles |
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| are engaged in maintenance or construction operations |
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| within
the limits of construction projects;
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| 3. Vehicles or equipment used by engineering or survey |
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| crews;
furthermore, such lights shall not be lighted except |
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| while such vehicles
are actually engaged in work on a |
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| highway;
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| 4. Vehicles of public utilities, municipalities, or |
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| other
construction, maintenance or automotive service |
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| vehicles except that such
lights shall be lighted only as a |
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| means for indicating the presence of a
vehicular traffic |
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| hazard requiring unusual care in approaching, overtaking
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| or passing while such vehicles are engaged in maintenance, |
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| service or
construction on a highway;
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| 5. Oversized vehicle or load; however, such lights |
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| shall only be lighted
when moving under permit issued by |
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| the Department under Section 15-301
of this Code;
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| 6. The front and rear of motorized equipment owned and |
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| operated by the
State of Illinois or any political |
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| subdivision thereof, which is designed
and used for removal |
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| of snow and ice from highways;
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| (6.1) The front and rear of motorized equipment or |
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| vehicles that (i) are not owned by the State of Illinois or |
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| any political subdivision of the State, (ii) are designed |
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| and used for removal of snow and ice from highways and |
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| parking lots, and (iii) are equipped with a snow plow that |
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| is 12 feet in width; these lights may not be lighted except |
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| when the motorized equipment or vehicle is actually being |
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| used for those purposes on behalf of a unit of government;
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| 7. Fleet safety vehicles registered in another state, |
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| furthermore, such
lights shall not be lighted except as |
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| provided for in Section 12-212 of
this Code;
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| 8. Such other vehicles as may be authorized by local |
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| authorities;
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LRB094 14355 DRH 49278 b |
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| 9. Law enforcement vehicles of State or local |
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| authorities when used in
combination with red oscillating, |
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| rotating or flashing lights;
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| 9.5. Propane delivery trucks;
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| 10. Vehicles used for collecting or delivering mail for |
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| the
United States Postal Service provided that such lights |
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| shall not be lighted
except when such vehicles are actually |
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| being used for such purposes;
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| 11. Any vehicle displaying a slow-moving vehicle |
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| emblem as
provided in Section 12-205.1;
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| 12. All trucks equipped with self-compactors or |
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| roll-off hoists and
roll-on containers for garbage or |
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| refuse hauling. Such lights shall not be
lighted except |
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| when such vehicles are actually being used for such |
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| purposes;
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| 13. Vehicles used by a security company, alarm |
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| responder, or control
agency;
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| 14. Security vehicles of the Department of Human |
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| Services; however, the
lights shall not be lighted except |
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| when being used for security related
purposes under the |
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| direction of the superintendent of the facility where the
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| vehicle is located; and
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| 15. Vehicles of union representatives, except that the |
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| lights shall be
lighted only while the vehicle is within |
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| the limits of a construction
project.
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| (c) The use of blue oscillating, rotating or flashing |
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| lights, whether
lighted or unlighted, is prohibited except on:
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| 1. Rescue squad vehicles not owned by a fire department |
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| and
vehicles owned or operated by a:
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| voluntary firefighter;
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| paid firefighter;
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| part-paid firefighter;
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| call firefighter;
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| member of the board of trustees of a fire |
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| protection district;
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| paid or unpaid member of a rescue squad;
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LRB094 14355 DRH 49278 b |
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| paid or unpaid member of a voluntary ambulance |
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| unit; or
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| paid or unpaid members of a local or county |
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| emergency management
services agency as defined in the |
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| Illinois Emergency Management Agency Act,
designated |
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| or authorized by local authorities, in writing, and |
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| carrying that
designation or authorization in the |
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| vehicle.
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| However, such lights are not to be lighted except when |
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| responding to a
bona fide emergency.
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| Any person using these lights in accordance with this |
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| subdivision (c)1 must carry on his or her person an |
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| identification card or letter identifying the bona fide |
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| member of a fire department, fire protection district, |
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| rescue squad, ambulance unit, or emergency management |
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| services agency that owns or operates that vehicle. The |
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| card or letter must include: |
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| (A) the name of the fire department, fire |
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| protection district, rescue squad, ambulance unit, or |
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| emergency management services agency; |
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| (B) the member's position within the fire |
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| department, fire protection district, rescue squad, |
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| ambulance unit, or emergency management services |
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| agency; |
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| (C) the member's term of service; and |
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| (D) the name of a person within the fire |
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| department, fire protection district, rescue squad, |
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| ambulance unit, or emergency management services |
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| agency to contact to verify the information provided.
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| 2. Police department vehicles in cities having a |
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| population of 500,000
or more inhabitants.
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| 3. Law enforcement vehicles of State or local |
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| authorities when used in
combination with red oscillating, |
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| rotating or flashing lights.
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| 4. Vehicles of local fire departments and State or |
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| federal
firefighting vehicles when used in combination |
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LRB094 14355 DRH 49278 b |
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| with red oscillating,
rotating or flashing lights.
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| 5. Vehicles which are designed and used exclusively as |
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| ambulances or
rescue vehicles when used in combination with |
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| red oscillating, rotating or
flashing lights; furthermore, |
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| such lights shall not be lighted except when
responding to |
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| an emergency call.
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| 6. Vehicles that are equipped and used exclusively as |
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| organ transport
vehicles when used in combination with red |
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| oscillating, rotating, or flashing
lights; furthermore, |
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| these lights shall only be lighted when the transportation
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| is declared an emergency by a member of the transplant team |
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| or a
representative of the organ procurement organization.
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| 7. Vehicles of the Illinois Emergency Management |
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| Agency, vehicles of the Illinois Department of Public |
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| Health, and vehicles of
the
Department of Nuclear Safety, |
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| when used in combination with red oscillating,
rotating, or |
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| flashing lights.
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| 8. Vehicles operated by a local or county emergency |
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| management
services agency as defined in the Illinois |
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| Emergency Management Agency
Act, when used in combination |
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| with red oscillating, rotating, or
flashing lights. |
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| 9. Vehicles owned and operated by paid or unpaid |
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| members of a local or county emergency management services |
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| agency, when used in combination with red oscillating, |
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| rotating, or flashing lights. These lights, however, may |
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| not be lighted except when responding to a bona fide |
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| emergency.
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| (c-1) In addition to the blue oscillating, rotating, or |
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| flashing
lights permitted under subsection (c), and |
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| notwithstanding subsection
(a), a vehicle operated by a |
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| voluntary firefighter, a voluntary member
of a rescue squad, or |
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| a member of a voluntary ambulance unit may be
equipped with |
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| flashing white headlights and blue grill lights, which may
be |
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| used only in responding to an emergency call.
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| (c-2) In addition to the blue oscillating, rotating, or |
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| flashing
lights permitted under subsection (c), and |
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LRB094 14355 DRH 49278 b |
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| notwithstanding subsection (a),
a vehicle operated by a paid or |
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| unpaid member of a local or county
emergency management |
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| services agency as defined in the Illinois Emergency
Management |
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| Agency Act, may be equipped with white oscillating, rotating,
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| or flashing lights to be used in combination with blue |
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| oscillating, rotating,
or flashing lights, if authorization by |
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| local authorities is in
writing and carried in the vehicle.
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| (d) The use of a combination of amber and white |
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| oscillating, rotating or
flashing lights, whether lighted or |
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| unlighted, is prohibited except motor
vehicles or equipment of |
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| the State of Illinois, local authorities, contractors,
and |
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| union representatives may be so equipped; furthermore, such |
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| lights shall
not be lighted on vehicles of the State of |
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| Illinois, local authorities, and
contractors except while such |
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| vehicles are engaged in highway maintenance or
construction |
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| operations within the limits of highway construction projects, |
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| and
shall not be lighted on the vehicles of union |
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| representatives except when those
vehicles are within the |
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| limits of a construction project.
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| (e) All oscillating, rotating or flashing lights referred |
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| to in this Section
shall be of sufficient intensity, when |
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| illuminated, to be visible at 500
feet in normal sunlight.
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| (f) Nothing in this Section shall prohibit a manufacturer |
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| of oscillating,
rotating or flashing lights or his |
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| representative from temporarily mounting
such lights on a |
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| vehicle for demonstration purposes only.
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| (g) Any person violating the provisions of subsections (a), |
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| (b), (c) or (d)
of this Section who without lawful authority |
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| stops or detains or attempts
to stop or detain another person |
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| shall be guilty of a Class 4 felony.
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| (h) Except as provided in subsection (g) above, any person |
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| violating the
provisions of subsections (a) or (c) of this |
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| Section shall be guilty of a
Class A misdemeanor.
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| (Source: P.A. 93-181, eff. 1-1-04; 93-725, eff. 1-1-05; 93-794, |
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| eff. 7-22-04; 93-829, eff. 7-28-04; 94-143, eff. 1-1-06; |
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| 94-270, eff. 1-1-06; 94-331, eff. 1-1-06; revised 8-19-05.)
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