96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1297

 

Introduced 2/10/2009, by Sen. Gary Forby

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-105   from Ch. 95 1/2, par. 1-105
625 ILCS 5/12-215   from Ch. 95 1/2, par. 12-215

    Amends the Illinois Vehicle Code. Adds a mine rescue emergency response vehicle of the Department of Natural Resources to the definition of "authorized emergency vehicle". Provides the mine rescue emergency vehicles of the Department of Natural Resources are permitted to use the blue oscillating, rotating, or flashing lights, in combination with red oscillating, rotating, or flashing lights, when responding to an emergency call. Effective immediately.


LRB096 09820 AJT 19983 b

 

 

A BILL FOR

 

SB1297 LRB096 09820 AJT 19983 b

1     AN ACT concerning transportation.
 
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 changing
5 Sections 1-105 and 12-215 as follows:
 
6     (625 ILCS 5/1-105)  (from Ch. 95 1/2, par. 1-105)
7     Sec. 1-105. Authorized emergency vehicle. Emergency
8 vehicles of municipal departments or public service
9 corporations as are designated or authorized by proper local
10 authorities; police vehicles; vehicles of the fire department;
11 vehicles of a HazMat or technical rescue team authorized by a
12 county board under Section 5-1127 of the Counties Code;
13 ambulances; vehicles of the Illinois Emergency Management
14 Agency; mine rescue emergency response vehicles of the
15 Department of Natural Resources; and vehicles of the Illinois
16 Department of Public Health.
17 (Source: P.A. 93-829, eff. 7-28-04; 94-334, eff. 1-1-06.)
 
18     (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
19     Sec. 12-215. Oscillating, rotating or flashing lights on
20 motor vehicles. Except as otherwise provided in this Code:
21     (a) The use of red or white oscillating, rotating or
22 flashing lights, whether lighted or unlighted, is prohibited

 

 

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1 except on:
2         1. Law enforcement vehicles of State, Federal or local
3     authorities;
4         2. A vehicle operated by a police officer or county
5     coroner and designated or authorized by local authorities,
6     in writing, as a law enforcement vehicle; however, such
7     designation or authorization must be carried in the
8     vehicle;
9         2.1. A vehicle operated by a fire chief who has
10     completed an emergency vehicle operation training course
11     approved by the Office of the State Fire Marshal and
12     designated or authorized by local authorities, in writing,
13     as a fire department, fire protection district, or township
14     fire department vehicle; however, the designation or
15     authorization must be carried in the vehicle, and the
16     lights may be visible or activated only when responding to
17     a bona fide emergency;
18         3. Vehicles of local fire departments and State or
19     federal firefighting vehicles;
20         4. Vehicles which are designed and used exclusively as
21     ambulances or rescue vehicles; furthermore, such lights
22     shall not be lighted except when responding to an emergency
23     call for and while actually conveying the sick or injured;
24         5. Tow trucks licensed in a state that requires such
25     lights; furthermore, such lights shall not be lighted on
26     any such tow truck while the tow truck is operating in the

 

 

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1     State of Illinois;
2         6. Vehicles of the Illinois Emergency Management
3     Agency, vehicles of the Illinois Department of Public
4     Health, and vehicles of the Department of Nuclear Safety;
5         7. Vehicles operated by a local or county emergency
6     management services agency as defined in the Illinois
7     Emergency Management Agency Act;
8         8. School buses operating alternately flashing head
9     lamps as permitted under Section 12-805 of this Code; and
10         9. Vehicles that are equipped and used exclusively as
11     organ transplant vehicles when used in combination with
12     blue oscillating, rotating, or flashing lights;
13     furthermore, these lights shall be lighted only when the
14     transportation is declared an emergency by a member of the
15     transplant team or a representative of the organ
16     procurement organization.
17     (b) The use of amber oscillating, rotating or flashing
18 lights, whether lighted or unlighted, is prohibited except on:
19         1. Second division vehicles designed and used for
20     towing or hoisting vehicles; furthermore, such lights
21     shall not be lighted except as required in this paragraph
22     1; such lights shall be lighted when such vehicles are
23     actually being used at the scene of an accident or
24     disablement; if the towing vehicle is equipped with a flat
25     bed that supports all wheels of the vehicle being
26     transported, the lights shall not be lighted while the

 

 

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1     vehicle is engaged in towing on a highway; if the towing
2     vehicle is not equipped with a flat bed that supports all
3     wheels of a vehicle being transported, the lights shall be
4     lighted while the towing vehicle is engaged in towing on a
5     highway during all times when the use of headlights is
6     required under Section 12-201 of this Code;
7         2. Motor vehicles or equipment of the State of
8     Illinois, local authorities and contractors; furthermore,
9     such lights shall not be lighted except while such vehicles
10     are engaged in maintenance or construction operations
11     within the 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         11. Any vehicle displaying a slow-moving vehicle
26     emblem as provided in Section 12-205.1;

 

 

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

 

 

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1             paid or unpaid member of a voluntary ambulance
2         unit; or
3             paid or unpaid members of a local or county
4         emergency management services agency as defined in the
5         Illinois Emergency Management Agency Act, designated
6         or authorized by local authorities, in writing, and
7         carrying that designation or authorization in the
8         vehicle.
9         However, such lights are not to be lighted except when
10     responding to a bona fide emergency.
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 Illinois Department of Public
25     Health, and vehicles of the Department of Nuclear Safety,
26     when used in combination with red oscillating, rotating, or

 

 

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

 

 

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1 oscillating, rotating or flashing lights, whether lighted or
2 unlighted, is prohibited except motor vehicles or equipment of
3 the State of Illinois, local authorities, contractors, and
4 union representatives may be so equipped; furthermore, such
5 lights shall not be lighted on vehicles of the State of
6 Illinois, local authorities, and contractors except while such
7 vehicles are engaged in highway maintenance or construction
8 operations within the limits of highway construction projects,
9 and shall not be lighted on the vehicles of union
10 representatives except when those vehicles are within the
11 limits of a construction project.
12     (e) All oscillating, rotating or flashing lights referred
13 to in this Section shall be of sufficient intensity, when
14 illuminated, to be visible at 500 feet in normal sunlight.
15     (f) Nothing in this Section shall prohibit a manufacturer
16 of oscillating, rotating or flashing lights or his
17 representative from temporarily mounting such lights on a
18 vehicle for demonstration purposes only.
19     (g) Any person violating the provisions of subsections (a),
20 (b), (c) or (d) of this Section who without lawful authority
21 stops or detains or attempts to stop or detain another person
22 shall be guilty of a Class 2 felony.
23     (h) Except as provided in subsection (g) above, any person
24 violating the provisions of subsections (a) or (c) of this
25 Section shall be guilty of a Class A misdemeanor.
26 (Source: P.A. 93-181, eff. 1-1-04; 93-725, eff. 1-1-05; 93-794,

 

 

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1 eff. 7-22-04; 93-829, eff. 7-28-04; 94-143, eff. 1-1-06;
2 94-270, eff. 1-1-06; 94-331, eff. 1-1-06; 94-730, eff.
3 4-17-06.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.