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Public Act 92-0814
HB5240 Enrolled LRB9212791AGmb
AN ACT in relation to transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-206, 11-1011, 11-1201, and 11-1201.1 as
follows:
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in
an alcohol concentration of 0.08 or more or any amount of
a drug, substance, or compound resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act, a controlled substance as listed in
the Illinois Controlled Substances Act, or an
intoxicating compound as listed in the Use of
Intoxicating Compounds Act, in which case the penalty
shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5
of this Code;
35. Has committed a violation of Section 11-1301.6
of this Code; or
36. Is under the age of 21 years at the time of
arrest and has been convicted of not less than 2
offenses against traffic regulations governing the
movement of vehicles committed within any 24 month
period. No revocation or suspension shall be entered
more than 6 months after the date of last conviction; or
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code; or
38. Has committed a second or subsequent violation
of Section 11-1201 of this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to
a single conviction of violating Section 11-501 of this
Code or a similar provision of a local ordinance or a
similar out-of-state offense, and a statutory summary
suspension under Section 11-501.1, or 2 or more statutory
summary suspensions, or combination of 2 offenses, or of
an offense and a statutory summary suspension, arising
out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1. The person must pay
to the Secretary of State DUI Administration Fund an
amount not to exceed $20 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees. If the restricted
driving permit was issued for employment purposes, then
this provision does not apply to the operation of an
occupational vehicle owned or leased by that person's
employer. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. The Secretary may
not, however, issue a restricted driving permit to any
person whose current revocation is the result of a second
or subsequent conviction for a violation of Section
11-501 of this Code or a similar provision of a local
ordinance relating to the offense of operating or being
in physical control of a motor vehicle while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any similar out-of-state
offense, or any combination of those offenses, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this
Code may be cancelled, revoked, or suspended; except that
a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of
a restricted driving permit, require the applicant to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
92-458, eff. 8-22-01; revised 8-27-01.)
(625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
Sec. 11-1011. Bridge and railroad signals.
(a) No pedestrian shall enter or remain upon any bridge
or approach thereto beyond the bridge signal, gate, or
barrier after a bridge operation signal indication has been
given.
(b) No pedestrian shall pass through, around, over, or
under any crossing gate or barrier at a railroad grade
crossing or bridge while such gate or barrier is closed or is
being opened or closed.
(c) No pedestrian shall enter, remain upon or traverse
over a railroad grade crossing or pedestrian walkway crossing
a railroad track when an audible bell or clearly visible
electric or mechanical signal device is operational giving
warning of the presence, approach, passage, or departure of a
railroad train.
(d) A violation of any part of this Section is a petty
offense for which a $250 fine shall be imposed for a first
violation, and a $500 fine shall be imposed for a second or
subsequent violation. The court may impose 25 hours of
community service in place of the $250 fine for a first
violation shall result in a mandatory fine of $500 or 50
hours of community service.
(e) Local authorities shall impose fines as established
in subsection (d) for pedestrians who fail to obey signals
indicating the presence, approach, passage, or departure of a
train.
(Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of
train.
(a) Whenever any person driving a vehicle approaches a
railroad grade crossing such person must exercise due care
and caution as the existence of a railroad track across a
highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall stop
within 50 feet but not less than 15 feet from the nearest
rail of the railroad and shall not proceed until he can do so
safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
device gives warning of the immediate approach of a
railroad train;
2. A crossing gate is lowered or a human flagman
gives or continues to give a signal of the approach or
passage of a railroad train;
3. A railroad train approaching a highway crossing
emits a warning signal and such railroad train, by reason
of its speed or nearness to such crossing, is an
immediate hazard;
4. An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing;.
5. A railroad train is approaching so closely that
an immediate hazard is created.
(b) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or
closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to
designate particularly dangerous highway grade crossings of
railroads and to erect stop signs thereat. When such stop
signs are erected the driver of any vehicle shall stop within
50 feet but not less than 15 feet from the nearest rail of
such railroad and shall proceed only upon exercising due
care.
(d) At any railroad grade crossing provided with
railroad crossbuck signs, without automatic, electric, or
mechanical signal devices, crossing gates, or a human flagman
giving a signal of the approach or passage of a train, the
driver of a vehicle shall in obedience to the railroad
crossbuck sign, yield the right-of-way and slow down to a
speed reasonable for the existing conditions and shall stop,
if required for safety, at a clearly marked stopped line, or
if no stop line, within 50 feet but not less than 15 feet
from the nearest rail of the railroad and shall not proceed
until he or she can do so safely. If a driver is involved in
a collision at a railroad crossing or interferes with the
movement of a train after driving past the railroad crossbuck
sign, the collision or interference is prima facie evidence
of the driver's failure to yield right-of-way.
(d-5) No person may drive any vehicle through a railroad
crossing if there is insufficient space to drive completely
through the crossing without stopping.
(e) It is unlawful to violate any part of this Section.
(1) A violation of this Section is a petty offense
for which a fine of $250 shall be imposed for a first
violation, and a fine of $500 shall be imposed for a
second or subsequent violation. The court may impose 25
hours of community service in place of the $250 fine for
the first violation.
(2) For a second or subsequent violation, the
Secretary of State may suspend the driving privileges of
the offender for a minimum of 6 months.
A first conviction of a person for a violation of any part of
this Section shall result in a mandatory fine of $250; all
subsequent convictions of that person for any violation of
any part of this Section shall each result in a mandatory
fine of $500.
(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals
indicating the presence, approach, passage, or departure of a
train shall impose fines as established in subsection (e) of
this Section.
(Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02;
revised 9-19-01)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system
operated by a law enforcement agency that records a driver's
response to automatic, electrical or mechanical signal
devices and crossing gates. The system shall be designed to
obtain a clear photograph or other recorded image of the
vehicle, vehicle operator and the vehicle registration plate
of a vehicle in violation of Section 11-1201. The photograph
or other recorded image shall also display the time, date and
location of the violation.
(b) Commencing on January 1, 1996, the Illinois Commerce
Commission and the Commuter Rail Board of the Regional
Transportation Authority shall, in cooperation with local law
enforcement agencies, establish a 5 year pilot program within
a county with a population of between 750,000 and 1,000,000
using an automated railroad grade crossing enforcement
system. The Commission shall determine the 3 railroad grade
crossings within that county that pose the greatest threat to
human life based upon the number of accidents and fatalities
at the crossings during the past 5 years and with approval of
the local law enforcement agency equip the crossings with an
automated railroad grade crossing enforcement system.
(b-1) Commencing on July 20, 2001 (the effective date of
Public Act 92-98) this amendatory Act of the 92nd General
Assembly, the Illinois Commerce Commission and the Commuter
Rail Board may, in cooperation with the local law enforcement
agency, establish in a county with a population of between
750,000 and 1,000,000 a 2 year pilot program using an
automated railroad grade crossing enforcement system. This
pilot program may be established at a railroad grade crossing
designated by local authorities. No State moneys may be
expended on the automated railroad grade crossing enforcement
system established under this pilot program.
(c) For each violation of Section 11-1201 recorded by an
automatic railroad grade crossing system, the local law
enforcement agency having jurisdiction shall issue a written
Uniform Traffic Citation of the violation to the registered
owner of the vehicle as the alleged violator. The Uniform
Traffic Citation shall be delivered to the registered owner
of the vehicle, by mail, within 30 days of the violation.
The Uniform Traffic Citation shall include the name and
address of vehicle owner, the vehicle registration number,
the offense charged, the time, date, and location of the
violation, the first available court date and that the basis
of the citation is the photograph or other recorded image
from the automated railroad grade crossing enforcement
system.
(d) The Uniform Traffic Citation issued to the
registered owner of the vehicle shall be accompanied by a
written notice, the contents of which is set forth in
subsection (d-1) of this Section, explaining how the
registered owner of the vehicle can elect to proceed by
either paying the fine or challenging the issuance of the
Uniform Traffic Citation.
(d-1) The written notice explaining the alleged
violator's rights and obligations must include the following
text:
"You have been served with the accompanying Uniform
Traffic Citation and cited with having violated Section
11-1201 of the Illinois Vehicle Code. You can elect to
proceed by:
1. Paying the fine; or
2. Challenging the issuance of the Uniform Traffic
Citation in court; or
3. If you were not the operator of the vehicle at the
time of the alleged offense, notifying in writing the
local law enforcement agency that issued the Uniform
Traffic Citation of the number of the Uniform Traffic
Citation received and the name and address of the person
operating the vehicle at the time of the alleged offense.
If you fail to so notify in writing the local law
enforcement agency of the name and address of the
operator of the vehicle at the time of the alleged
offense, you may be presumed to have been the operator of
the vehicle at the time of the alleged offense."
(d-2) If the registered owner of the vehicle was not the
operator of the vehicle at the time of the alleged offense,
and if the registered owner notifies the local law
enforcement agency having jurisdiction of the name and
address of the operator of the vehicle at the time of the
alleged offense, the local law enforcement agency having
jurisdiction shall then issue a written Uniform Traffic
Citation to the person alleged by the registered owner to
have been the operator of the vehicle at the time of the
alleged offense. If the registered owner fails to notify in
writing the local law enforcement agency having jurisdiction
of the name and address of the operator of the vehicle at the
time of the alleged offense, the registered owner may be
presumed to have been the operator of the vehicle at the time
of the alleged offense.
(e) Evidence.
(i) A certificate alleging that a violation of
Section 11-1201 occurred, sworn to or affirmed by a duly
authorized agency, based on inspection of recorded images
produced by an automated railroad crossing enforcement
system are evidence of the facts contained in the
certificate and are admissible in any proceeding alleging
a violation under this Section.
(ii) Photographs or recorded images made by an
automatic railroad grade crossing enforcement system are
confidential and shall be made available only to the
alleged violator and governmental and law enforcement
agencies for purposes of adjudicating a violation of
Section 11-1201 of the Illinois Vehicle Code. However,
any photograph or other recorded image evidencing a
violation of Section 11-1201 shall be admissible in any
proceeding resulting from the issuance of the Uniform
Traffic Citation when there is reasonable and sufficient
proof of the accuracy of the camera or electronic
instrument recording the image. There is a rebuttable
presumption that the photograph or recorded image is
accurate if the camera or electronic recording instrument
was in good working order at the beginning and the end of
the day of the alleged offense.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad
grade crossing is being monitored, that citations will be
issued, and the amount of the fine for violation.
(g) Except as provided in subsection (b-1), the cost of
the installation and maintenance of each automatic railroad
grade crossing enforcement system shall be paid from the
Grade Crossing Protection Fund if the rail line is not owned
by Commuter Rail Board of the Regional Transportation
Authority. Except as provided in subsection (b-1), if the
rail line is owned by the Commuter Rail Board of the Regional
Transportation Authority, the costs of the installation and
maintenance shall be paid from the Regional Transportation
Authority's portion of the Public Transportation Fund.
(h) The Illinois Commerce Commission shall issue a
report to the General Assembly at the conclusion of the 5
year pilot program established under subsection (b) on the
effectiveness of the automatic railroad grade crossing
enforcement system.
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of
this Section if it had known that the other part or parts of
this Section would be declared unconstitutional.
(j) Penalty.
(i) A violation of this Section is a petty offense
for which a fine of $250 shall be imposed for a first
violation, and a fine of $500 shall be imposed for a
second or subsequent violation. The court may impose 25
hours of community service in place of the $250 fine for
the first violation.
(ii) For a second or subsequent violation, the
Secretary of State may suspend the registration of the
motor vehicle for a period of at least 6 months.
(Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01;
revised 10-18-01.)
Passed in the General Assembly May 31, 2002.
Approved August 21, 2002.
Effective January 01, 2003.
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