HB1876 EnrolledLRB101 05765 TAE 50781 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-215 as follows:
 
6    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
7    Sec. 12-215. Oscillating, rotating or flashing lights on
8motor vehicles. Except as otherwise provided in this Code:
9    (a) The use of red or white oscillating, rotating or
10flashing lights, whether lighted or unlighted, is prohibited
11except on:
12        1. Law enforcement vehicles of State, Federal or local
13    authorities;
14        2. A vehicle operated by a police officer or county
15    coroner and designated or authorized by local authorities,
16    in writing, as a law enforcement vehicle; however, such
17    designation or authorization must be carried in the
18    vehicle;
19        2.1. A vehicle operated by a fire chief, deputy fire
20    chief, or assistant fire chief who has completed an
21    emergency vehicle operation training course approved by
22    the Office of the State Fire Marshal and designated or
23    authorized by local authorities, in writing, as a fire

 

 

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1    department, fire protection district, or township fire
2    department vehicle; however, the designation or
3    authorization must be carried in the vehicle, and the
4    lights may be visible or activated only when responding to
5    a bona fide emergency;
6        3. Vehicles of local fire departments and State or
7    federal firefighting vehicles;
8        4. Vehicles which are designed and used exclusively as
9    ambulances or rescue vehicles; furthermore, such lights
10    shall not be lighted except when responding to an emergency
11    call for and while actually conveying the sick or injured;
12        4.5. Vehicles which are occasionally used as rescue
13    vehicles that have been authorized for use as rescue
14    vehicles by a volunteer EMS provider, provided that the
15    operator of the vehicle has successfully completed an
16    emergency vehicle operation training course recognized by
17    the Department of Public Health; furthermore, the lights
18    shall not be lighted except when responding to an emergency
19    call for the sick or injured;
20        5. Tow trucks licensed in a state that requires such
21    lights; furthermore, such lights shall not be lighted on
22    any such tow truck while the tow truck is operating in the
23    State of Illinois;
24        6. Vehicles of the Illinois Emergency Management
25    Agency, vehicles of the Office of the Illinois State Fire
26    Marshal, vehicles of the Illinois Department of Public

 

 

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1    Health, vehicles of the Illinois Department of
2    Corrections, and vehicles of the Illinois Department of
3    Juvenile Justice;
4        7. Vehicles operated by a local or county emergency
5    management services agency as defined in the Illinois
6    Emergency Management Agency Act;
7        8. School buses operating alternately flashing head
8    lamps as permitted under Section 12-805 of this Code;
9        9. Vehicles that are equipped and used exclusively as
10    organ transplant vehicles when used in combination with
11    blue oscillating, rotating, or flashing lights;
12    furthermore, these lights shall be lighted only when the
13    transportation is declared an emergency by a member of the
14    transplant team or a representative of the organ
15    procurement organization;
16        10. Vehicles of the Illinois Department of Natural
17    Resources that are used for mine rescue and explosives
18    emergency response;
19        11. Vehicles of the Illinois Department of
20    Transportation identified as Emergency Traffic Patrol; the
21    lights shall not be lighted except when responding to an
22    emergency call or when parked or stationary while engaged
23    in motor vehicle assistance or at the scene of the
24    emergency; and
25        12. Vehicles of the Illinois State Toll Highway
26    Authority with a gross vehicle weight rating of 9,000

 

 

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1    pounds or more and those identified as Highway Emergency
2    Lane Patrol; the lights shall not be lighted except when
3    responding to an emergency call or when parked or
4    stationary while engaged in motor vehicle assistance or at
5    the scene of the emergency.
6    (b) The use of amber oscillating, rotating or flashing
7lights, whether lighted or unlighted, is prohibited except on:
8        1. Second division vehicles designed and used for
9    towing or hoisting vehicles; furthermore, such lights
10    shall not be lighted except as required in this paragraph
11    1; such lights shall be lighted when such vehicles are
12    actually being used at the scene of an accident or
13    disablement; if the towing vehicle is equipped with a flat
14    bed that supports all wheels of the vehicle being
15    transported, the lights shall not be lighted while the
16    vehicle is engaged in towing on a highway; if the towing
17    vehicle is not equipped with a flat bed that supports all
18    wheels of a vehicle being transported, the lights shall be
19    lighted while the towing vehicle is engaged in towing on a
20    highway during all times when the use of headlights is
21    required under Section 12-201 of this Code; in addition,
22    these vehicles may use white oscillating, rotating, or
23    flashing lights in combination with amber oscillating,
24    rotating, or flashing lights as provided in this paragraph;
25        2. Motor vehicles or equipment of the State of
26    Illinois, the Illinois State Toll Highway Authority, local

 

 

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1    authorities and contractors; furthermore, such lights
2    shall not be lighted except while such vehicles are engaged
3    in maintenance or construction operations within the
4    limits of construction projects;
5        3. Vehicles or equipment used by engineering or survey
6    crews; furthermore, such lights shall not be lighted except
7    while such vehicles are actually engaged in work on a
8    highway;
9        4. Vehicles of public utilities, municipalities, or
10    other construction, maintenance or automotive service
11    vehicles except that such lights shall be lighted only as a
12    means for indicating the presence of a vehicular traffic
13    hazard requiring unusual care in approaching, overtaking
14    or passing while such vehicles are engaged in maintenance,
15    service or construction on a highway;
16        5. Oversized vehicle or load; however, such lights
17    shall only be lighted when moving under permit issued by
18    the Department under Section 15-301 of this Code;
19        6. The front and rear of motorized equipment owned and
20    operated by the State of Illinois or any political
21    subdivision thereof, which is designed and used for removal
22    of snow and ice from highways;
23        6.1. The front and rear of motorized equipment or
24    vehicles that (i) are not owned by the State of Illinois or
25    any political subdivision of the State, (ii) are designed
26    and used for removal of snow and ice from highways and

 

 

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1    parking lots, and (iii) are equipped with a snow plow that
2    is 12 feet in width; these lights may not be lighted except
3    when the motorized equipment or vehicle is actually being
4    used for those purposes on behalf of a unit of government;
5        7. Fleet safety vehicles registered in another state,
6    furthermore, such lights shall not be lighted except as
7    provided for in Section 12-212 of this Code;
8        8. Such other vehicles as may be authorized by local
9    authorities;
10        9. Law enforcement vehicles of State or local
11    authorities when used in combination with red oscillating,
12    rotating or flashing lights;
13        9.5. Propane delivery trucks;
14        10. Vehicles used for collecting or delivering mail for
15    the United States Postal Service provided that such lights
16    shall not be lighted except when such vehicles are actually
17    being used for such purposes;
18        10.5. Vehicles of the Office of the Illinois State Fire
19    Marshal, provided that such lights shall not be lighted
20    except for when such vehicles are engaged in work for the
21    Office of the Illinois State Fire Marshal;
22        11. Any vehicle displaying a slow-moving vehicle
23    emblem as provided in Section 12-205.1;
24        12. All trucks equipped with self-compactors or
25    roll-off hoists and roll-on containers for garbage,
26    recycling, or refuse hauling. Such lights shall not be

 

 

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1    lighted except when such vehicles are actually being used
2    for such purposes;
3        13. Vehicles used by a security company, alarm
4    responder, control agency, or the Illinois Department of
5    Corrections;
6        14. Security vehicles of the Department of Human
7    Services; however, the lights shall not be lighted except
8    when being used for security related purposes under the
9    direction of the superintendent of the facility where the
10    vehicle is located; and
11        15. Vehicles of union representatives, except that the
12    lights shall be lighted only while the vehicle is within
13    the limits of a construction project.
14    (c) The use of blue oscillating, rotating or flashing
15lights, whether lighted or unlighted, is prohibited except on:
16        1. Rescue squad vehicles not owned by a fire department
17    and vehicles owned or operated by a:
18            voluntary firefighter;
19            paid firefighter;
20            part-paid firefighter;
21            call firefighter;
22            member of the board of trustees of a fire
23        protection district;
24            paid or unpaid member of a rescue squad;
25            paid or unpaid member of a voluntary ambulance
26        unit; or

 

 

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

 

 

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

 

 

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

 

 

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1or flashing lights to be used in combination with blue
2oscillating, rotating, or flashing lights, if authorization by
3local authorities is in writing and carried in the vehicle.
4    (d) The use of a combination of amber and white
5oscillating, rotating or flashing lights, whether lighted or
6unlighted, is prohibited except on second division vehicles
7designed and used for towing or hoisting vehicles or motor
8vehicles or equipment of the State of Illinois, local
9authorities, contractors, and union representatives;
10furthermore, such lights shall not be lighted on second
11division vehicles designed and used for towing or hoisting
12vehicles or vehicles of the State of Illinois, local
13authorities, and contractors except while such vehicles are
14engaged in a tow operation, highway maintenance, or
15construction operations within the limits of highway
16construction projects, and shall not be lighted on the vehicles
17of union representatives except when those vehicles are within
18the limits of a construction project.
19    (e) All oscillating, rotating or flashing lights referred
20to in this Section shall be of sufficient intensity, when
21illuminated, to be visible at 500 feet in normal sunlight.
22    (f) Nothing in this Section shall prohibit a manufacturer
23of oscillating, rotating or flashing lights or his
24representative or authorized vendor from temporarily mounting
25such lights on a vehicle for demonstration purposes only. If
26the lights are not covered while the vehicle is operated upon a

 

 

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1highway, the vehicle shall display signage indicating that the
2vehicle is out of service or not an emergency vehicle. The
3signage shall be displayed on all sides of the vehicle in
4letters at least 2 inches tall and one-half inch wide. A
5vehicle authorized to have oscillating, rotating, or flashing
6lights mounted for demonstration purposes may not activate the
7lights while the vehicle is operated upon a highway.
8    (g) Any person violating the provisions of subsections (a),
9(b), (c) or (d) of this Section who without lawful authority
10stops or detains or attempts to stop or detain another person
11shall be guilty of a Class 2 felony.
12    (h) Except as provided in subsection (g) above, any person
13violating the provisions of subsections (a) or (c) of this
14Section shall be guilty of a Class A misdemeanor.
15(Source: P.A. 99-40, eff. 1-1-16; 99-78, eff. 7-20-15; 99-125,
16eff. 1-1-16; 99-642, eff. 7-28-16; 100-62, eff. 8-11-17.)