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90_HB3108
625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
Amends the Illinois Vehicle Code. In provisions
authorizing a $100 fine for parking in a place reserved for
persons with disabilities without a disabilities registration
plate or decal or fraudulently using such plate or decal,
provides that it shall not be a defense to a charge under
this Section that the sign posted pursuant to this Section
does not comply with the technical requirements of provisions
setting out those requirements, Department regulations, or
local ordinance if a reasonable person would be made aware by
the markings on or near the parking place that the place is
reserved for a person with disabilities. Effective
immediately.
LRB9010696SMbd
LRB9010696SMbd
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-1301.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-1301.3 as follows:
7 (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
8 Sec. 11-1301.3. Unauthorized use of parking places
9 reserved for persons with disabilities.
10 (a) It shall be prohibited to park any motor vehicle
11 which is not bearing registration plates or decals issued to
12 a person with disabilities, as defined by Section 1-159.1,
13 pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
14 disabled veteran pursuant to Section 3-609 of this Act, as
15 evidence that the vehicle is operated by or for a person with
16 disabilities or disabled veteran, in any parking place,
17 including any private or public offstreet parking facility,
18 specifically reserved, by the posting of an official sign as
19 designated under Section 11-301, for motor vehicles bearing
20 such registration plates. An individual with a vehicle
21 bearing a person with disabilities license plate or parking
22 decal or device issued to a disabled person under Sections
23 3-616, 11-1301.1, or 11-1301.2 is in violation of this
24 Section if the person is not the authorized holder of a
25 person with disabilities license plate or parking decal or
26 device and is not transporting the authorized holder of a
27 person with disabilities license plate or parking decal or
28 device to or from the parking location and the person uses
29 the person with disabilities license plate or parking decal
30 or device to exercise any privileges granted through the
31 person with disabilities license plates or parking decals or
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1 devices under this Code. Any motor vehicle bearing a person
2 with disabilities license plate or a person with disabilities
3 parking decal or device containing the International symbol
4 of access issued to persons with disabilities by any local
5 authority, state, district, territory or foreign country
6 shall be recognized by state and local authorities as a valid
7 license plate or device and receive the same parking
8 privileges as residents of this State.
9 (b) Any person or local authority owning or operating
10 any public or private offstreet parking facility may, after
11 notifying the police or sheriff's department, remove or cause
12 to be removed to the nearest garage or other place of safety
13 any vehicle parked within a stall or space reserved for use
14 by a person with disabilities which does not display person
15 with disabilities registration plates or a special decal or
16 device as required under this Section.
17 (c) Any person found guilty of violating the provisions
18 of this Section shall be fined $100 in addition to any costs
19 or charges connected with the removal or storage of any motor
20 vehicle authorized under this Section; but municipalities by
21 ordinance may impose a fine up to $200 and shall display
22 signs indicating the fine imposed. If the amount of the fine
23 is subsequently changed, the municipality shall change the
24 sign to indicate the current amount of the fine. It shall not
25 be a defense to a charge under this Section that the sign
26 posted pursuant to this Section does not comply with the
27 technical requirements of Section 11-301, Department
28 regulations, or local ordinance if a reasonable person would
29 be made aware by the markings on or near the parking place
30 that the place is reserved for a person with disabilities.
31 (d) Local authorities shall impose fines as established
32 in subsection (c) for violations of this Section.
33 (e) As used in this Section, "authorized holder" means
34 an individual issued a person with disabilities license plate
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1 under Section 3-616 of this Code or an individual issued a
2 person with disabilities parking decal or device under
3 Section 11-1301.2 of this Code.
4 (Source: P.A. 89-275, eff. 1-1-96; 89-533, eff. 1-1-97;
5 89-626, eff. 8-9-96; 90-106, eff. 1-1-98.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.