Rep. Blaine Wilhour

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1876

2    AMENDMENT NO. ______. Amend House Bill 1876 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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

 

 

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1    designation or authorization must be carried in the
2    vehicle;
3        2.1. A vehicle operated by a fire chief, deputy fire
4    chief, or assistant fire chief who has completed an
5    emergency vehicle operation training course approved by
6    the Office of the State Fire Marshal and designated or
7    authorized by local authorities, in writing, as a fire
8    department, fire protection district, or township fire
9    department vehicle; however, the designation or
10    authorization must be carried in the vehicle, and the
11    lights may be visible or activated only when responding to
12    a bona fide emergency;
13        3. Vehicles of local fire departments and State or
14    federal firefighting vehicles;
15        4. Vehicles which are designed and used exclusively as
16    ambulances or rescue vehicles; furthermore, such lights
17    shall not be lighted except when responding to an emergency
18    call for and while actually conveying the sick or injured;
19        4.5. Vehicles which are occasionally used as rescue
20    vehicles that have been authorized for use as rescue
21    vehicles by a volunteer EMS provider, provided that the
22    operator of the vehicle has successfully completed an
23    emergency vehicle operation training course recognized by
24    the Department of Public Health; furthermore, the lights
25    shall not be lighted except when responding to an emergency
26    call for the sick or injured;

 

 

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1        5. Tow trucks licensed in a state that requires such
2    lights; furthermore, such lights shall not be lighted on
3    any such tow truck while the tow truck is operating in the
4    State of Illinois;
5        6. Vehicles of the Illinois Emergency Management
6    Agency, vehicles of the Office of the Illinois State Fire
7    Marshal, vehicles of the Illinois Department of Public
8    Health, vehicles of the Illinois Department of
9    Corrections, and vehicles of the Illinois Department of
10    Juvenile Justice;
11        7. Vehicles operated by a local or county emergency
12    management services agency as defined in the Illinois
13    Emergency Management Agency Act;
14        8. School buses operating alternately flashing head
15    lamps as permitted under Section 12-805 of this Code;
16        9. Vehicles that are equipped and used exclusively as
17    organ transplant vehicles when used in combination with
18    blue oscillating, rotating, or flashing lights;
19    furthermore, these lights shall be lighted only when the
20    transportation is declared an emergency by a member of the
21    transplant team or a representative of the organ
22    procurement organization;
23        10. Vehicles of the Illinois Department of Natural
24    Resources that are used for mine rescue and explosives
25    emergency response;
26        11. Vehicles of the Illinois Department of

 

 

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1    Transportation identified as Emergency Traffic Patrol; the
2    lights shall not be lighted except when responding to an
3    emergency call or when parked or stationary while engaged
4    in motor vehicle assistance or at the scene of the
5    emergency; and
6        12. Vehicles of the Illinois State Toll Highway
7    Authority with a gross vehicle weight rating of 9,000
8    pounds or more and those identified as Highway Emergency
9    Lane Patrol; the lights shall not be lighted except when
10    responding to an emergency call or when parked or
11    stationary while engaged in motor vehicle assistance or at
12    the scene of the emergency.
13    (b) The use of amber oscillating, rotating or flashing
14lights, whether lighted or unlighted, is prohibited except on:
15        1. Second division vehicles designed and used for
16    towing or hoisting vehicles; furthermore, such lights
17    shall not be lighted except as required in this paragraph
18    1; such lights shall be lighted when such vehicles are
19    actually being used at the scene of an accident or
20    disablement; if the towing vehicle is equipped with a flat
21    bed that supports all wheels of the vehicle being
22    transported, the lights shall not be lighted while the
23    vehicle is engaged in towing on a highway; if the towing
24    vehicle is not equipped with a flat bed that supports all
25    wheels of a vehicle being transported, the lights shall be
26    lighted while the towing vehicle is engaged in towing on a

 

 

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1    highway during all times when the use of headlights is
2    required under Section 12-201 of this Code; in addition,
3    these vehicles may use white oscillating, rotating, or
4    flashing lights in combination with amber oscillating,
5    rotating, or flashing lights as provided in this paragraph;
6        2. Motor vehicles or equipment of the State of
7    Illinois, the Illinois State Toll Highway Authority, local
8    authorities and contractors; furthermore, such lights
9    shall not be lighted except while such vehicles are engaged
10    in maintenance or construction operations within the
11    limits of construction projects;
12        3. Vehicles or equipment used by engineering or survey
13    crews; furthermore, such lights shall not be lighted except
14    while such vehicles are actually engaged in work on a
15    highway;
16        4. Vehicles of public utilities, municipalities, or
17    other construction, maintenance or automotive service
18    vehicles except that such lights shall be lighted only as a
19    means for indicating the presence of a vehicular traffic
20    hazard requiring unusual care in approaching, overtaking
21    or passing while such vehicles are engaged in maintenance,
22    service or construction on a highway;
23        5. Oversized vehicle or load; however, such lights
24    shall only be lighted when moving under permit issued by
25    the Department under Section 15-301 of this Code;
26        6. The front and rear of motorized equipment owned and

 

 

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1    operated by the State of Illinois or any political
2    subdivision thereof, which is designed and used for removal
3    of snow and ice from highways;
4        6.1. The front and rear of motorized equipment or
5    vehicles that (i) are not owned by the State of Illinois or
6    any political subdivision of the State, (ii) are designed
7    and used for removal of snow and ice from highways and
8    parking lots, and (iii) are equipped with a snow plow that
9    is 12 feet in width; these lights may not be lighted except
10    when the motorized equipment or vehicle is actually being
11    used for those purposes on behalf of a unit of government;
12        7. Fleet safety vehicles registered in another state,
13    furthermore, such lights shall not be lighted except as
14    provided for in Section 12-212 of this Code;
15        8. Such other vehicles as may be authorized by local
16    authorities;
17        9. Law enforcement vehicles of State or local
18    authorities when used in combination with red oscillating,
19    rotating or flashing lights;
20        9.5. Propane delivery trucks;
21        10. Vehicles used for collecting or delivering mail for
22    the United States Postal Service provided that such lights
23    shall not be lighted except when such vehicles are actually
24    being used for such purposes;
25        10.5. Vehicles of the Office of the Illinois State Fire
26    Marshal, provided that such lights shall not be lighted

 

 

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1    except for when such vehicles are engaged in work for the
2    Office of the Illinois State Fire Marshal;
3        11. Any vehicle displaying a slow-moving vehicle
4    emblem as provided in Section 12-205.1;
5        12. All trucks equipped with self-compactors or
6    roll-off hoists and roll-on containers for garbage,
7    recycling, or refuse hauling. Such lights shall not be
8    lighted except when such vehicles are actually being used
9    for such purposes;
10        13. Vehicles used by a security company, alarm
11    responder, control agency, or the Illinois Department of
12    Corrections;
13        14. Security vehicles of the Department of Human
14    Services; however, the lights shall not be lighted except
15    when being used for security related purposes under the
16    direction of the superintendent of the facility where the
17    vehicle is located; and
18        15. Vehicles of union representatives, except that the
19    lights shall be lighted only while the vehicle is within
20    the limits of a construction project.
21    (c) The use of blue oscillating, rotating or flashing
22lights, whether lighted or unlighted, is prohibited except on:
23        1. Rescue squad vehicles not owned by a fire department
24    and vehicles owned or operated by a:
25            voluntary firefighter;
26            paid firefighter;

 

 

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

 

 

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1        emergency management services agency;
2            (B) the member's position within the fire
3        department, fire protection district, rescue squad,
4        ambulance unit, or emergency management services
5        agency;
6            (C) the member's term of service; and
7            (D) the name of a person within the fire
8        department, fire protection district, rescue squad,
9        ambulance unit, or emergency management services
10        agency to contact to verify the information provided.
11        2. Police department vehicles in cities having a
12    population of 500,000 or more inhabitants.
13        3. Law enforcement vehicles of State or local
14    authorities when used in combination with red oscillating,
15    rotating or flashing lights.
16        4. Vehicles of local fire departments and State or
17    federal firefighting vehicles when used in combination
18    with red oscillating, rotating or flashing lights.
19        5. Vehicles which are designed and used exclusively as
20    ambulances or rescue vehicles when used in combination with
21    red oscillating, rotating or flashing lights; furthermore,
22    such lights shall not be lighted except when responding to
23    an emergency call.
24        6. Vehicles that are equipped and used exclusively as
25    organ transport vehicles when used in combination with red
26    oscillating, rotating, or flashing lights; furthermore,

 

 

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

 

 

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1or motor vehicle accident.
2    (c-2) In addition to the blue oscillating, rotating, or
3flashing lights permitted under subsection (c), and
4notwithstanding subsection (a), a vehicle operated by a paid or
5unpaid member of a local or county emergency management
6services agency as defined in the Illinois Emergency Management
7Agency Act, may be equipped with white oscillating, rotating,
8or flashing lights to be used in combination with blue
9oscillating, rotating, or flashing lights, if authorization by
10local authorities is in writing and carried in the vehicle.
11    (d) The use of a combination of amber and white
12oscillating, rotating or flashing lights, whether lighted or
13unlighted, is prohibited except on second division vehicles
14designed and used for towing or hoisting vehicles or motor
15vehicles or equipment of the State of Illinois, local
16authorities, contractors, and union representatives;
17furthermore, such lights shall not be lighted on second
18division vehicles designed and used for towing or hoisting
19vehicles or vehicles of the State of Illinois, local
20authorities, and contractors except while such vehicles are
21engaged in a tow operation, highway maintenance, or
22construction operations within the limits of highway
23construction projects, and shall not be lighted on the vehicles
24of union representatives except when those vehicles are within
25the limits of a construction project.
26    (e) All oscillating, rotating or flashing lights referred

 

 

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1to in this Section shall be of sufficient intensity, when
2illuminated, to be visible at 500 feet in normal sunlight.
3    (f) Nothing in this Section shall prohibit a manufacturer
4of oscillating, rotating or flashing lights or his
5representative or authorized vendor from temporarily mounting
6such lights on a vehicle for demonstration purposes only. If
7the lights are not covered while the vehicle is operated upon a
8highway, the vehicle shall display signage indicating that the
9vehicle is out of service or not an emergency vehicle. The
10signage shall be displayed on all sides of the vehicle in
11letters at least 2 inches tall and one-half inch wide. A
12vehicle authorized to have oscillating, rotating, or flashing
13lights mounted for demonstration purposes may not activate the
14lights while the vehicle is operated upon a highway.
15    (g) Any person violating the provisions of subsections (a),
16(b), (c) or (d) of this Section who without lawful authority
17stops or detains or attempts to stop or detain another person
18shall be guilty of a Class 2 felony.
19    (h) Except as provided in subsection (g) above, any person
20violating the provisions of subsections (a) or (c) of this
21Section shall be guilty of a Class A misdemeanor.
22(Source: P.A. 99-40, eff. 1-1-16; 99-78, eff. 7-20-15; 99-125,
23eff. 1-1-16; 99-642, eff. 7-28-16; 100-62, eff. 8-11-17.)".