Sen. Pat McGuire

Filed: 3/19/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1424

2    AMENDMENT NO. ______. Amend Senate Bill 1424 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 who has
4    completed an emergency vehicle operation training course
5    approved by the Office of the State Fire Marshal and
6    designated or authorized by local authorities, in writing,
7    as a fire department, fire protection district, or township
8    fire department vehicle; however, the designation or
9    authorization must be carried in the vehicle, and the
10    lights may be visible or activated only when responding to
11    a bona fide emergency;
12        3. Vehicles of local fire departments and State or
13    federal firefighting vehicles;
14        4. Vehicles which are designed and used exclusively as
15    ambulances or rescue vehicles; furthermore, such lights
16    shall not be lighted except when responding to an emergency
17    call for and while actually conveying the sick or injured;
18        5. Tow trucks licensed in a state that requires such
19    lights; furthermore, such lights shall not be lighted on
20    any such tow truck while the tow truck is operating in the
21    State of Illinois;
22        6. Vehicles of the Illinois Emergency Management
23    Agency, vehicles of the Office of the Illinois State Fire
24    Marshal, vehicles of the Illinois Department of Public
25    Health, vehicles of the Illinois Department of
26    Corrections, and vehicles of the Illinois Department of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1letters at least 2 inches tall and one-half inch wide. A
2vehicle authorized to have oscillating, rotating, or flashing
3lights mounted for demonstration purposes may not activate the
4lights while the vehicle is operated upon a highway.
5    (g) Any person violating the provisions of subsections (a),
6(b), (c) or (d) of this Section who without lawful authority
7stops or detains or attempts to stop or detain another person
8shall be guilty of a Class 2 felony.
9    (h) Except as provided in subsection (g) above, any person
10violating the provisions of subsections (a) or (c) of this
11Section shall be guilty of a Class A misdemeanor.
12(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,
13eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;
1498-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff.
157-16-14; 98-873, eff. 1-1-15; revised 10-6-14.)".