Illinois General Assembly - Full Text of HB3787
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Full Text of HB3787  99th General Assembly

HB3787 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3787

 

Introduced , by Rep. Robert Rita

 

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. Includes any vehicle of the Illinois State Toll Highway Authority, whether or not it is identified as a Highway Emergency Lane Patrol vehicle, within the definition of "authorized emergency vehicle". Provides for the use of red or white oscillating, rotating or flashing lights on any vehicle of the Illinois State Toll Highway Authority, whether or not it is identified as a Highway Emergency Lane Patrol vehicle.


LRB099 10208 RJF 30433 b

 

 

A BILL FOR

 

HB3787LRB099 10208 RJF 30433 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
5Sections 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
8vehicles of municipal departments or public service
9corporations as are designated or authorized by proper local
10authorities; police vehicles; vehicles of the fire department;
11vehicles of a HazMat or technical rescue team authorized by a
12county board under Section 5-1127 of the Counties Code;
13ambulances; vehicles of the Illinois Department of
14Corrections; vehicles of the Illinois Department of Juvenile
15Justice; vehicles of the Illinois Emergency Management Agency;
16vehicles of the Office of the Illinois State Fire Marshal; mine
17rescue and explosives emergency response vehicles of the
18Department of Natural Resources; vehicles of the Illinois
19Department of Public Health; vehicles of the Illinois State
20Toll Highway Authority identified as Highway Emergency Lane
21Patrol; vehicles of the Illinois Department of Transportation
22identified as Emergency Traffic Patrol; and vehicles of a
23municipal or county emergency services and disaster agency, as

 

 

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1defined by the Illinois Emergency Management Agency Act.
2(Source: P.A. 97-149, eff. 7-14-11; 97-333, eff. 7-12-11;
398-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff.
47-16-14; 98-873, eff. 1-1-15.)
 
5    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
6    Sec. 12-215. Oscillating, rotating or flashing lights on
7motor vehicles. Except as otherwise provided in this Code:
8    (a) The use of red or white oscillating, rotating or
9flashing lights, whether lighted or unlighted, is prohibited
10except on:
11        1. Law enforcement vehicles of State, Federal or local
12    authorities;
13        2. A vehicle operated by a police officer or county
14    coroner and designated or authorized by local authorities,
15    in writing, as a law enforcement vehicle; however, such
16    designation or authorization must be carried in the
17    vehicle;
18        2.1. A vehicle operated by a fire chief who has
19    completed an emergency vehicle operation training course
20    approved by the Office of the State Fire Marshal and
21    designated or authorized by local authorities, in writing,
22    as a fire department, fire protection district, or township
23    fire department vehicle; however, the designation or
24    authorization must be carried in the vehicle, and the
25    lights may be visible or activated only when responding to

 

 

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1    a bona fide emergency;
2        3. Vehicles of local fire departments and State or
3    federal firefighting vehicles;
4        4. Vehicles which are designed and used exclusively as
5    ambulances or rescue vehicles; furthermore, such lights
6    shall not be lighted except when responding to an emergency
7    call for and while actually conveying the sick or injured;
8        5. Tow trucks licensed in a state that requires such
9    lights; furthermore, such lights shall not be lighted on
10    any such tow truck while the tow truck is operating in the
11    State of Illinois;
12        6. Vehicles of the Illinois Emergency Management
13    Agency, vehicles of the Office of the Illinois State Fire
14    Marshal, vehicles of the Illinois Department of Public
15    Health, vehicles of the Illinois Department of
16    Corrections, and vehicles of the Illinois Department of
17    Juvenile Justice;
18        7. Vehicles operated by a local or county emergency
19    management services agency as defined in the Illinois
20    Emergency Management Agency Act;
21        8. School buses operating alternately flashing head
22    lamps as permitted under Section 12-805 of this Code;
23        9. Vehicles that are equipped and used exclusively as
24    organ transplant vehicles when used in combination with
25    blue oscillating, rotating, or flashing lights;
26    furthermore, these lights shall be lighted only when the

 

 

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1    transportation is declared an emergency by a member of the
2    transplant team or a representative of the organ
3    procurement organization;
4        10. Vehicles of the Illinois Department of Natural
5    Resources that are used for mine rescue and explosives
6    emergency response; and
7        11. Vehicles of the Illinois Department of
8    Transportation identified as Emergency Traffic Patrol; the
9    lights shall not be lighted except when responding to an
10    emergency call or when parked or stationary while engaged
11    in motor vehicle assistance or at the scene of the
12    emergency; and
13        12. Vehicles of the Illinois State Toll Highway
14    Authority identified as Highway Emergency Lane Patrol; the
15    lights shall not be lighted except when responding to an
16    emergency call or when parked or stationary while engaged
17    in motor vehicle assistance or at the scene of the
18    emergency.
19    (b) The use of amber oscillating, rotating or flashing
20lights, whether lighted or unlighted, is prohibited except on:
21        1. Second division vehicles designed and used for
22    towing or hoisting vehicles; furthermore, such lights
23    shall not be lighted except as required in this paragraph
24    1; such lights shall be lighted when such vehicles are
25    actually being used at the scene of an accident or
26    disablement; if the towing vehicle is equipped with a flat

 

 

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

 

 

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1    or passing while such vehicles are engaged in maintenance,
2    service or construction on a highway;
3        5. Oversized vehicle or load; however, such lights
4    shall only be lighted when moving under permit issued by
5    the Department under Section 15-301 of this Code;
6        6. The front and rear of motorized equipment owned and
7    operated by the State of Illinois or any political
8    subdivision thereof, which is designed and used for removal
9    of snow and ice from highways;
10        6.1. The front and rear of motorized equipment or
11    vehicles that (i) are not owned by the State of Illinois or
12    any political subdivision of the State, (ii) are designed
13    and used for removal of snow and ice from highways and
14    parking lots, and (iii) are equipped with a snow plow that
15    is 12 feet in width; these lights may not be lighted except
16    when the motorized equipment or vehicle is actually being
17    used for those purposes on behalf of a unit of government;
18        7. Fleet safety vehicles registered in another state,
19    furthermore, such lights shall not be lighted except as
20    provided for in Section 12-212 of this Code;
21        8. Such other vehicles as may be authorized by local
22    authorities;
23        9. Law enforcement vehicles of State or local
24    authorities when used in combination with red oscillating,
25    rotating or flashing lights;
26        9.5. Propane delivery trucks;

 

 

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1        10. Vehicles used for collecting or delivering mail for
2    the United States Postal Service provided that such lights
3    shall not be lighted except when such vehicles are actually
4    being used for such purposes;
5        10.5. Vehicles of the Office of the Illinois State Fire
6    Marshal, provided that such lights shall not be lighted
7    except for when such vehicles are engaged in work for the
8    Office of the Illinois State Fire Marshal;
9        11. Any vehicle displaying a slow-moving vehicle
10    emblem as provided in Section 12-205.1;
11        12. All trucks equipped with self-compactors or
12    roll-off hoists and roll-on containers for garbage or
13    refuse hauling. Such lights shall not be lighted except
14    when such vehicles are actually being used for such
15    purposes;
16        13. Vehicles used by a security company, alarm
17    responder, control agency, or the Illinois Department of
18    Corrections;
19        14. Security vehicles of the Department of Human
20    Services; however, the lights shall not be lighted except
21    when being used for security related purposes under the
22    direction of the superintendent of the facility where the
23    vehicle is located; and
24        15. Vehicles of union representatives, except that the
25    lights shall be lighted only while the vehicle is within
26    the limits of a construction project.

 

 

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

 

 

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1    member of a fire department, fire protection district,
2    rescue squad, ambulance unit, or emergency management
3    services agency that owns or operates that vehicle. The
4    card or letter must include:
5            (A) the name of the fire department, fire
6        protection district, rescue squad, ambulance unit, or
7        emergency management services agency;
8            (B) the member's position within the fire
9        department, fire protection district, rescue squad,
10        ambulance unit, or emergency management services
11        agency;
12            (C) the member's term of service; and
13            (D) the name of a person within the fire
14        department, fire protection district, rescue squad,
15        ambulance unit, or emergency management services
16        agency to contact to verify the information provided.
17        2. Police department vehicles in cities having a
18    population of 500,000 or more inhabitants.
19        3. Law enforcement vehicles of State or local
20    authorities when used in combination with red oscillating,
21    rotating or flashing lights.
22        4. Vehicles of local fire departments and State or
23    federal firefighting vehicles when used in combination
24    with red oscillating, rotating or flashing lights.
25        5. Vehicles which are designed and used exclusively as
26    ambulances or rescue vehicles when used in combination with

 

 

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1    red oscillating, rotating or flashing lights; furthermore,
2    such lights shall not be lighted except when responding to
3    an emergency call.
4        6. Vehicles that are equipped and used exclusively as
5    organ transport vehicles when used in combination with red
6    oscillating, rotating, or flashing lights; furthermore,
7    these lights shall only be lighted when the transportation
8    is declared an emergency by a member of the transplant team
9    or a representative of the organ procurement organization.
10        7. Vehicles of the Illinois Emergency Management
11    Agency, vehicles of the Office of the Illinois State Fire
12    Marshal, vehicles of the Illinois Department of Public
13    Health, vehicles of the Illinois Department of
14    Corrections, and vehicles of the Illinois Department of
15    Juvenile Justice, when used in combination with red
16    oscillating, rotating, or flashing lights.
17        8. Vehicles operated by a local or county emergency
18    management services agency as defined in the Illinois
19    Emergency Management Agency Act, when used in combination
20    with red oscillating, rotating, or flashing lights.
21        9. Vehicles of the Illinois Department of Natural
22    Resources that are used for mine rescue and explosives
23    emergency response, when used in combination with red
24    oscillating, rotating, or flashing lights.
25    (c-1) In addition to the blue oscillating, rotating, or
26flashing lights permitted under subsection (c), and

 

 

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1notwithstanding subsection (a), a vehicle operated by a
2voluntary firefighter, a voluntary member of a rescue squad, or
3a member of a voluntary ambulance unit may be equipped with
4flashing white headlights and blue grill lights, which may be
5used only in responding to an emergency call or when parked or
6stationary at the scene of a fire, rescue call, ambulance call,
7or motor vehicle accident.
8    (c-2) In addition to the blue oscillating, rotating, or
9flashing lights permitted under subsection (c), and
10notwithstanding subsection (a), a vehicle operated by a paid or
11unpaid member of a local or county emergency management
12services agency as defined in the Illinois Emergency Management
13Agency Act, may be equipped with white oscillating, rotating,
14or flashing lights to be used in combination with blue
15oscillating, rotating, or flashing lights, if authorization by
16local authorities is in writing and carried in the vehicle.
17    (d) The use of a combination of amber and white
18oscillating, rotating or flashing lights, whether lighted or
19unlighted, is prohibited except on second division vehicles
20designed and used for towing or hoisting vehicles or motor
21vehicles or equipment of the State of Illinois, local
22authorities, contractors, and union representatives;
23furthermore, such lights shall not be lighted on second
24division vehicles designed and used for towing or hoisting
25vehicles or vehicles of the State of Illinois, local
26authorities, and contractors except while such vehicles are

 

 

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1engaged in a tow operation, highway maintenance, or
2construction operations within the limits of highway
3construction projects, and shall not be lighted on the vehicles
4of union representatives except when those vehicles are within
5the limits of a construction project.
6    (e) All oscillating, rotating or flashing lights referred
7to in this Section shall be of sufficient intensity, when
8illuminated, to be visible at 500 feet in normal sunlight.
9    (f) Nothing in this Section shall prohibit a manufacturer
10of oscillating, rotating or flashing lights or his
11representative or authorized vendor from temporarily mounting
12such lights on a vehicle for demonstration purposes only. If
13the lights are not covered while the vehicle is operated upon a
14highway, the vehicle shall display signage indicating that the
15vehicle is out of service or not an emergency vehicle. The
16signage shall be displayed on all sides of the vehicle in
17letters at least 2 inches tall and one-half inch wide. A
18vehicle authorized to have oscillating, rotating, or flashing
19lights mounted for demonstration purposes may not activate the
20lights while the vehicle is operated upon a highway.
21    (g) Any person violating the provisions of subsections (a),
22(b), (c) or (d) of this Section who without lawful authority
23stops or detains or attempts to stop or detain another person
24shall be guilty of a Class 2 felony.
25    (h) Except as provided in subsection (g) above, any person
26violating the provisions of subsections (a) or (c) of this

 

 

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1Section shall be guilty of a Class A misdemeanor.
2(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,
3eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;
498-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff.
57-16-14; 98-873, eff. 1-1-15; revised 10-6-14.)