There is a newer version of the Illinois Compiled Statutes
2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Chapter 11 - Rules Of The Road
(625 ILCS 5/11‑100) (from Ch. 95 1/2, par. 11‑100)
Sec. 11‑100.
Definition of Administrator.
For the purposes of this Chapter,
"Administrator" means the Administrator of the Illinois Safety
and Family
Financial Responsibility Law in Chapter 7 of this Code.
(Source: P.A. 89‑92, eff. 7‑1‑96; 90‑89, eff. 1‑1‑98.)
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(625 ILCS 5/11‑201) (from Ch. 95 1/2, par. 11‑201)
Sec. 11‑201.
Provisions of act refer to vehicles upon the highways‑Exceptions.
The provisions of this Chapter relating to the operation of vehicles
refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given
section.
2. The provisions of Articles IV and V of this Chapter shall apply upon
highways and elsewhere throughout the State.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑202) (from Ch. 95 1/2, par. 11‑202)
Sec. 11‑202.
Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this Chapter with
respect to particular offenses, it is a petty offense for any
person to do any act forbidden or fail to perform any act required in
this Chapter.
(Source: P.A. 80‑911.)
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(625 ILCS 5/11‑203) (from Ch. 95 1/2, par. 11‑203)
Sec. 11‑203.
Obedience to police officers.
No person shall wilfully fail or refuse to comply with any lawful order
or direction of any police officer, fireman, or school
crossing guard invested by law with authority to
direct, control, or regulate traffic.
Any person convicted of violating this Section
is guilty
of a petty offense and shall be subject to a mandatory fine of $150.
(Source: P.A. 90‑749, eff. 1‑1‑99.)
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(625 ILCS 5/11‑204) (from Ch. 95 1/2, par. 11‑204)
Sec. 11‑204.
Fleeing or attempting to elude a peace officer.
(a) Any driver or operator of a motor vehicle who, having been given a
visual or audible signal by a peace officer directing such driver or
operator to bring his vehicle to a stop, wilfully fails or refuses to obey
such direction, increases his speed, extinguishes his lights, or otherwise
flees or attempts to elude the officer, is guilty of a Class A
misdemeanor.
The signal given by the peace officer may be by hand, voice, siren, red or
blue light. Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall display
illuminated oscillating, rotating or flashing red or blue lights which when
used in conjunction with an audible horn or siren would indicate the
vehicle to be an official police vehicle.
Such requirement shall not preclude the use of amber or white
oscillating, rotating or flashing lights in conjunction with red or blue
oscillating, rotating or flashing lights as required in Section 12‑215 of
Chapter 12.
(b) Upon receiving notice of such conviction the Secretary of State
shall suspend the drivers license of the person so convicted for a
period of not more than 6 months for a first conviction and not more than 12
months for a second conviction.
(c) A third or subsequent violation of this Section
is a Class 4 felony.
(Source: P.A. 93‑120, eff. 1‑1‑04.)
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(625 ILCS 5/11‑204.1) (from Ch. 95 1/2, par. 11‑204.1)
Sec. 11‑204.1.
Aggravated fleeing or attempt to elude a peace
officer.
(a) The offense of aggravated fleeing or attempting to elude a peace officer
is committed by any driver or operator of a motor vehicle who flees or attempts
to elude a peace officer, after being given a visual or audible
signal
by a peace officer in the manner prescribed in subsection (a) of
Section
11‑204 of this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour | ||
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(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property; or
(4) involves disobedience of 2 or more official | ||
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(b) Any person convicted of a first violation of this Section shall be
guilty of a Class 4 felony. Upon notice of such a conviction the Secretary
of State shall forthwith revoke the driver's license of the person so
convicted, as provided in Section 6‑205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall be guilty of a Class
3
felony,
and upon notice of such a conviction the Secretary of State shall forthwith
revoke the driver's license of the person convicted, as provided in Section
6‑205 of the Code.
(c) The motor vehicle used in a violation of this Section is subject to
seizure and forfeiture as provided in Sections 36‑1 and 36‑2 of the Criminal
Code of 1961.
(Source: P.A. 93‑120, eff. 1‑1‑04.)
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(625 ILCS 5/11‑205) (from Ch. 95 1/2, par. 11‑205)
Sec. 11‑205.
Public officers and employees to obey Act‑Exceptions.
(a) The provisions of this Chapter applicable to the drivers of vehicles
upon the highways shall apply to the drivers of all vehicles owned or
operated by the United States, this State or any county, city, town,
district or any other political subdivision of the State, except as
provided in this Section and subject to such specific exceptions as set
forth in this Chapter with reference to authorized emergency vehicles.
(b) The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of
the law or when responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this Section, but subject to the
conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of | ||
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2. Proceed past a red or stop signal or stop sign, | ||
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3. Exceed the maximum speed limits so long as he | ||
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4. Disregard regulations governing direction of | ||
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(d) The
exceptions herein granted to an authorized emergency vehicle,
other than a police vehicle, shall apply only when the vehicle is making
use of either an audible signal when in motion or visual signals meeting
the requirements of Section 12‑215 of this Act.
(e) The foregoing provisions do not relieve the driver of an authorized
emergency vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the
consequences of his reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions
of this Chapter, except those contained in
Section 11‑204 and Articles IV and V of this Chapter, shall not
apply to persons, motor vehicles and equipment while
actually engaged in work upon a highway but shall
apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89‑710, eff. 2‑14‑97; 90‑257, eff. 7‑30‑97.)
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(625 ILCS 5/11‑206) (from Ch. 95 1/2, par. 11‑206)
Sec. 11‑206.
Traffic laws apply to persons riding
animals or driving animal‑drawn vehicles.
Every person riding an animal or driving any animal‑drawn
vehicle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable
to the driver of a vehicle by this chapter, except those
provisions of this chapter which by their very nature can
have no application.
(Source: P.A. 79‑858.)
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(625 ILCS 5/11‑207) (from Ch. 95 1/2, par. 11‑207)
Sec. 11‑207.
Provisions of this Chapter uniform throughout
State. The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and municipalities
therein, and no local authority shall enact or enforce any ordinance rule
or regulation in conflict with the provisions of this Chapter unless
expressly authorized herein. Local authorities may, however, adopt
additional traffic regulations which are not in conflict with the
provisions of this Chapter, but such regulations shall not be effective
until signs giving reasonable notice thereof are posted.
(Source: P.A. 92‑651, eff. 7‑11‑02.)
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2. Regulating traffic by means of police officers or | ||
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3. Regulating or prohibiting processions or | ||
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4. Designating particular highways as one‑way | ||
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5. Regulating the speed of vehicles in public parks | ||
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6. Designating any highway as a through highway, as | ||
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7. Restricting the use of highways as authorized in | ||
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8. Regulating the operation of bicycles and | ||
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9. Regulating or prohibiting the turning of vehicles | ||
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10. Altering the speed limits as authorized in | ||
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11. Prohibiting U‑turns;
12. Prohibiting pedestrian crossings at other than | ||
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13. Prohibiting parking during snow removal | ||
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14. Imposing fines in accordance with Section | ||
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15. Adopting such other traffic regulations as are | ||
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16. Enforcing the provisions of subsection (f) of | ||
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(b) No ordinance or regulation enacted under subsections 1, 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective until signs giving
reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle upon
the roadways of such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent local
authorities within the reasonable exercise of their police power from
prohibiting, on private property, the unauthorized use of parking spaces
reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may enact or
enforce an ordinance that applies only to motorcycles if the principal purpose
for that ordinance is to restrict the access of motorcycles to any highway or
portion of a highway for which federal or State funds have been used for the
planning, design, construction, or maintenance of that highway. No unit of
local government, including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this subsection
(e) shall affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with Section 12‑602
of this Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This subsection
(e) is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
(f) A municipality or county designated in Section 11‑208.6 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(Source: P.A. 94‑795, eff. 5‑22‑06.)
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(625 ILCS 5/11‑208.1) (from Ch. 95 1/2, par. 11‑208.1)
Sec. 11‑208.1.
Uniformity.
The provisions of this Chapter of this Act, as amended, and the rules
and regulations promulgated thereunder by any State Officer, Office,
Agency, Department or Commission, shall be applicable and uniformly applied
and enforced throughout this State, in all other political subdivisions and
in all units of local government.
(Source: P. A. 77‑706.)
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(625 ILCS 5/11‑208.2) (from Ch. 95 1/2, par. 11‑208.2)
Sec. 11‑208.2.
Limitation on home rule units.
The provisions of this Chapter of this Act limit the authority of home
rule units to adopt local police regulations inconsistent herewith except
pursuant to Sections 11‑208, 11‑209, 11‑1005.1, 11‑1412.1, and
11‑1412.2 of this Chapter of this Act.
(Source: P.A. 92‑868, eff. 6‑1‑03.)
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(2) A parking, standing, or compliance violation | ||
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(3) Service of the parking, standing, or compliance | ||
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(4) An opportunity for a hearing for the registered | ||
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(5) Service of additional notices, sent by first | ||
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(i) A second notice of violation. This notice | ||
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(ii) A notice of final determination of parking, | ||
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(6) A Notice of impending drivers license | ||
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(7) Final determinations of violation liability. A | ||
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(8) A petition to set aside a determination of | ||
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(9) Procedures for non‑residents. Procedures by | ||
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(10) A schedule of civil fines for violations of | ||
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(11) Other provisions as are necessary and proper to | ||
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(c) Any municipality establishing vehicular standing, parking,
and compliance
regulations under this Section may also provide by ordinance for a
program of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible vehicle upon the
public way by presence of a restraint in a manner to prevent operation of
the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles | ||
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(2) A notice of impending vehicle immobilization and | ||
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(3) The right to a prompt hearing after a vehicle | ||
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(4) A post immobilization and post‑towing notice | ||
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(d) Judicial review of final determinations of parking, standing, and
compliance
violations and final administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
under this Section shall be subject to the provisions of
the Administrative Review Law.
(e) Any fine, penalty, or part of any fine or any penalty remaining
unpaid after the exhaustion of, or the failure to exhaust, administrative
remedies created under this Section and the conclusion of any judicial
review procedures shall be a debt due and owing the municipality and, as
such, may be collected in accordance with applicable law. Payment in full
of any fine or penalty resulting from a standing, parking, or
compliance violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial review may
be sought for a final determination of parking, standing, or compliance
violation, the municipality
may commence a proceeding in the Circuit Court for purposes of obtaining a
judgment on the final determination of violation. Nothing in this
Section shall prevent a municipality from consolidating multiple final
determinations of parking, standing, or compliance violation against a
person in a proceeding.
Upon commencement of the action, the municipality shall file a certified
copy or record of the final determination of parking, standing, or compliance
violation, which shall be
accompanied by a certification that recites facts sufficient to show that
the final determination of violation was
issued in accordance with this Section and the applicable municipal
ordinance. Service of the summons and a copy of the petition may be by
any method provided by Section 2‑203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking, standing, or
compliance violations does not
exceed $2500. If the court is satisfied that the final determination of
parking, standing, or compliance violation was entered in accordance with
the requirements of
this Section and the applicable municipal ordinance, and that the registered
owner or the lessee, as the case may be, had an opportunity for an
administrative hearing and for judicial review as provided in this Section,
the court shall render judgment in favor of the municipality and against
the registered owner or the lessee for the amount indicated in the final
determination of parking, standing, or compliance violation, plus costs.
The judgment shall have
the same effect and may be enforced in the same manner as other judgments
for the recovery of money.
(Source: P.A. 94‑294, eff. 1‑1‑06.)
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(625 ILCS 5/11‑208.4)
Sec. 11‑208.4.
(Repealed).
(Source: Repealed by internal repealer, eff. 12‑31‑94.)
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(c) A county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. The regulation of the use of automated traffic law enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(d) For each violation of a provision of this Code or a local ordinance
recorded by an automatic
traffic law enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered
owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of | ||
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(2) the registration number of the motor vehicle | ||
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(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the | ||
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(8) a statement that recorded images are evidence of | ||
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(9) a warning that failure to pay the civil penalty | ||
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(10) a statement that the person may elect to proceed | ||
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(A) paying the fine; or
(B) challenging the charge in court, by mail, or | ||
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(e) If a person
charged with a traffic violation, as a result of an automated traffic law
enforcement system, does not pay or successfully contest the civil
penalty resulting from that violation, the Secretary of State shall suspend the
driving privileges of the
registered owner of the vehicle under Section 6‑306.5 of this Code for failing
to pay any fine or penalty
due and owing as a result of 5 violations of the automated traffic law
enforcement system.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained
in the notice and admissible in any proceeding alleging a
violation under this Section.
(g) Recorded images made by an automatic traffic law
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 this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in
any proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates of | ||
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(2) that the driver of the vehicle passed through the | ||
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(3) any other evidence or issues provided by | ||
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(i) To demonstrate that the motor vehicle or the registration
plates were stolen before the violation occurred and were not under the
control or possession of the owner at the time of the violation, the
owner must submit proof that a report concerning the stolen
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(j) Unless the driver of the motor vehicle received a Uniform
Traffic Citation from a police officer at the time of the violation,
the motor vehicle owner is subject to a civil penalty not exceeding
$100, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated traffic law
enforcement system. A violation for which a civil penalty is imposed
under this Section is not a violation of a traffic regulation governing
the movement of vehicles and may not be recorded on the driving record
of the owner of the vehicle.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to approaching traffic
indicating that the intersection is being monitored by an automated
traffic law enforcement system.
(l) The compensation paid for an automated traffic law enforcement system
must be based on the value of the equipment or the services provided and may
not be based on the number of traffic citations issued or the revenue generated
by the system.
(m) This Section applies only to the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties.
(Source: P.A. 94‑795, eff. 5‑22‑06.) |
(625 ILCS 5/11‑209) (from Ch. 95 1/2, par. 11‑209)
Sec. 11‑209.
Powers of municipalities and counties ‑ Contract with
school boards, hospitals, churches, condominium complex unit owners'
associations, and commercial and industrial facility, shopping center,
and apartment complex owners for regulation of traffic.
(a) The corporate authorities of any municipality or the county
board of any county, and a school board, hospital, church, condominium
complex unit owners' association, or owner of any
commercial and industrial facility,
shopping center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the limits of
the municipality and within the boundaries of the county, may, by
contract, empower the municipality or county to regulate the parking of
automobiles and the traffic at such parking area. Such contract shall
empower the municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals, | ||
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2. The prohibition or regulation of the turning of | ||
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3. The regulation of a crossing of any roadway in | ||
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4. The designation of any separate roadway in the | ||
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5. The establishment and regulation of loading zones.
6. The prohibition, regulation, restriction or | ||
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7. The designation of safety zones in the parking | ||
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8. Providing for the removal and storage of vehicles | ||
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9. Providing that the cost of planning, | ||
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10. Causing the installation of parking meters on | ||
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11. Causing the installation of parking signs in | ||
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12. Contracting for such additional reasonable rules | ||
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(b) No contract entered into pursuant to this Section shall exceed a
period of 20 years. No lessee of a shopping center or apartment complex
shall enter into such a contract for a longer period of time than the
length of his lease.
(c) Any contract entered into pursuant to this Section shall be
recorded in the office of the recorder in the county in which
the parking area is located, and no regulation made pursuant to the
contract shall be effective or enforceable until 3 days after the
contract is so recorded.
(d) At such time as parking and traffic regulations have been
established at any parking area pursuant to the contract as provided for
in this Section, then it shall be a petty offense for any person to do
any act forbidden or to fail to perform any act required by such parking
or traffic regulation. If the violation is the parking in a parking space
reserved for persons with disabilities under paragraph (11) of this Section, by
a person without special registration plates issued to a person with
disabilities, as defined by Section 1‑159.1, pursuant to Section
3‑616 of this Code, or to a disabled veteran pursuant to Section 3‑609 of
this Code, the local police of the contracting corporate municipal
authorities shall issue a parking ticket to such parking violator and issue
a fine in accordance with Section 11‑1301.3.
(e) The term "shopping center", as used in this Section, means
premises having one or more stores or business establishments in
connection with which there is provided on privately‑owned property near
or contiguous thereto an area, or areas, of land used by the public as
the means of access to and egress from the stores and business
establishments on such premises and for the parking of motor vehicles of
customers and patrons of such stores and business establishments on such
premises.
(f) The term "parking area", as used in this Section, means an area,
or areas, of land near or contiguous to a school, church, or hospital
building, shopping center, apartment complex, or condominium
complex,
but not the public highways or alleys, and used by
the public as the means of access to and egress from such buildings and
the stores and business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping center owner",
and "apartment complex owner",
as used in this Section, mean the actual
legal owner of the shopping center parking area or apartment
complex,
the trust officer of a banking institution having the right to manage
and control such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g‑5) The term "condominium complex unit owners' association", as used in
this Section, means a "unit owners' association" as defined in Section 2 of the
Condominium Property Act.
(h) The term "fire lane", as used in this Section, means travel
lanes for the fire fighting equipment upon which there shall be no
standing or parking of any motor vehicle at any time so that fire
fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this Section, means
premises having one or more apartments in connection with which there is
provided on privately‑owned property near or contiguous thereto an area,
or areas, of land used by occupants of such apartments or their guests
as a means of access to and egress from such apartments or for the
parking of motor vehicles of such occupants or their guests.
(j) The term "condominium complex", as used in this Section, means
the units, common elements, and limited common elements that are located on the
parcels, as those terms are defined in Section 2 of the Condominium Property
Act.
(k) The term "commercial and industrial facility", as used in this
Section, means a premises containing one or more commercial and industrial
facility establishments in connection with which there is
provided on
privately‑owned property near or contiguous to the premises an area or areas of
land used by the public as the means of access to and egress from the
commercial and industrial facility establishment on the premises and for the
parking of motor vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the premises.
(l) The provisions of this Section shall not be deemed to
prevent local
authorities from enforcing, on private property, local ordinances imposing
fines, in accordance with Section 11‑1301.3, as penalties for use of any
parking
place reserved for persons with disabilities, as defined by Section 1‑159.1, or
disabled veterans by any person using a motor vehicle not bearing registration
plates specified in Section 11‑1301.1 or a special decal or device as defined
in Section 11‑1301.2 as evidence that the vehicle is operated by or for a
person with disabilities or disabled veteran.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the
Illinois Constitution.
(Source: P.A. 89‑551, eff. 1‑1‑97; 90‑106, eff. 1‑1‑98; 90‑145, eff. 1‑1‑98;
90‑481, eff. 8‑17‑97; 90‑655, eff. 7‑30‑98.)
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(625 ILCS 5/11‑209.1) (from Ch. 95 1/2, par. 11‑209.1)
Sec. 11‑209.1.
Powers of local authorities ‑ enforcing the provisions
of this Code on private streets and roads. (a) Any person or board of
directors owning, operating or representing a residential subdivision,
development, apartment house or apartment project; containing a minimum of
10 apartments or single family residences may file a written request, with
the appropriate local authority wherein such property is situated,
requesting their law enforcement agency enforce the provisions of this Code
on all private streets or roads open to or used by the tenants, owners,
employees or the public for the purposes of vehicular traffic by permission
of such person or board of directors and not as a matter of public right.
Notwithstanding Section 1‑126 and Section 1‑201 of this Code, if the local
authority grants such request by the adoption of an enabling ordinance then
all such private streets or roads shall be considered "highways" only for
the enforcement purposes of this Code.
(b) All regulations adopted and traffic control devices employed by a
local authority in the enforcement of this Code on such streets or roads
within any private area, pursuant to this Section, shall be consistent
with the provisions of this Code and shall
conform to the Illinois Manual on Uniform Traffic Control Devices.
A local authority may require that any person who files a request for
the installation of traffic signs pay for the cost of such traffic signs.
Such traffic signs shall be in conformity with Section 11‑604 of this Code.
(c) Any person or board of directors which has filed such a request
under this Section, may rescind that request by filing with the
appropriate local authority a written request for such rescission. Upon
receipt of the written request, the local authority shall subsequently
repeal the original enabling ordinance. Such repeal shall not take effect
until the first day of January following any such action by the local
authorities. However, no such rescission request may be filed within 12
months of the date of the original written request.
(d) The filing of a written request or the adoption of the
enabling ordinance under this Section in no way constitutes
a dedication to public use of any street, road, driveway, trail,
terrace, bridle path, parkway, parking area, or other roadway open to
or used by vehicular traffic, nor does it prevent such person or
board of directors, as owners of such property, from requiring
additional regulations than those specified by the local authorities or
otherwise regulating such use as may seem best to such person or board of
directors as long as they do not conflict with the powers granted to local
authorities under Section 11‑208 of this Code.
(e) This amendatory act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII, Section 10 of
the Illinois Constitution.
(Source: P.A. 86‑521.)
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(625 ILCS 5/11‑210) (from Ch. 95 1/2, par. 11‑210)
Sec. 11‑210.
This Chapter not to interfere with rights of owners of real property with
reference thereto.
Nothing in this Chapter shall be construed to prevent the owner of real
property used by the public for purposes of vehicular travel by permission
of the owner and not as matter of right from prohibiting such use, or from
requiring other or different or additional conditions than those specified
in this Chapter, or otherwise regulating such use as may seem best to such
owner.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑211) (from Ch. 95 1/2, par. 11‑211)
Sec. 11‑211.
Local Laws.
No owner of a motor vehicle shall be limited as to speed upon any public
place, at any time when the same is or may hereafter be opened to the use
of persons having or using other vehicles, nor be required to comply with
other provisions or conditions as to the use of such motor vehicles except
as in this Chapter provided, and except as is provided in this Act.
(Source: P.A. 77‑1344.)
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(625 ILCS 5/11‑212)
Sec. 11‑212.
Traffic stop statistical study.
(a) From January 1, 2004 until December 31, 2007,
whenever a State or local law enforcement officer issues a
uniform traffic citation or warning citation for an alleged
violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's | ||
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(2) the alleged traffic violation that led to the | ||
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(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop;
(5) the location of the traffic stop;
(6) whether or not a search contemporaneous to the | ||
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(7) the name and badge number of the issuing officer.
(b) From January 1, 2004 until December 31, 2007,
whenever a State or local law enforcement officer stops a
motorist for an alleged violation of the Illinois Vehicle Code
and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card, which includes
field
contact cards, or any other existing form currently used by law enforcement
containing
information required pursuant to this Act,
that records
at least the following:
(1) the name, address, gender, and the officer's | ||
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(2) the reason that led to the stop of the
motorist;
(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop;
(5) the location of the traffic stop;
(6) whether or not a search contemporaneous to the | ||
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(7) the name and badge number of the issuing
officer.
(c) The Illinois Department of Transportation shall provide a
standardized law
enforcement data compilation form on its website.
(d) Every law enforcement agency shall, by March 1 in each of the years
2004,
2005, 2006, and 2007, compile the data described in subsections (a) and (b) on
the
standardized law enforcement data compilation form provided by the Illinois
Department
of Transportation and transmit the data to the Department.
(e) The Illinois Department of Transportation shall analyze the data
provided
by law
enforcement agencies required by this Section and submit a report of the
findings to the
Governor, the General Assembly, and each law enforcement agency no later than
July 1
in each of the years 2005, 2006, 2007, and 2008. The Illinois Department of
Transportation may contract with
an outside entity for the analysis of the data provided. In analyzing the data
collected
under this Section, the analyzing entity shall scrutinize the data for evidence
of statistically
significant aberrations. The following list, which
is illustrative, and not exclusive, contains examples of areas in which
statistically
significant aberrations may be found:
(1) The percentage of minority drivers or passengers | ||
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(2) A substantial number of false stops including | ||
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(3) A disparity between the proportion of citations | ||
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(4) A disparity among the officers of the same law | ||
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(5) A disparity between the frequency of searches | ||
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(f) Any law enforcement officer identification information or driver
identification information
that is
compiled by any law enforcement agency or the Illinois Department of
Transportation
pursuant to this Act for
the purposes of fulfilling the requirements of this Section shall be
confidential and exempt
from
public inspection and copying, as provided under Section 7 of the Freedom of
Information
Act,
and the information shall not be transmitted to anyone except as needed to
comply with
this Section. This Section shall not exempt those materials that, prior to the
effective date of this
amendatory Act of the 93rd General Assembly, were available under the Freedom
of
Information Act.
(g) Funding to implement this Section shall come from federal highway
safety
funds available to Illinois, as directed by the Governor.
(h) The Illinois Department of Transportation, in consultation with
law enforcement agencies, officials, and organizations, including Illinois
chiefs of police,
the Department of State Police, the Illinois Sheriffs Association, and the
Chicago Police
Department, and community groups and other experts, shall undertake a study to
determine the best use of technology to collect, compile, and analyze the
traffic stop
statistical study data required by this Section. The Department shall report
its findings
and recommendations to the Governor and the General Assembly by March 1,
2004.
(Source: P.A. 93‑209, eff. 7‑18‑03.)
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(625 ILCS 5/11‑301) (from Ch. 95 1/2, par. 11‑301)
Sec. 11‑301.
Department to adopt sign manual.
(a) The Department shall adopt a State manual and specifications for a
uniform system of traffic‑control devices consistent with this Chapter for
use upon highways within this State. Such manual shall include the
adoption of the R 7‑8 sign adopted by the United States Department of
Transportation to designate the reservation of parking
facilities for a person with disabilities.
Non‑conforming signs in use prior to January
1, 1985 shall not constitute a violation during their useful lives, which
shall not be extended by other means than normal maintenance. The manual
shall also specify insofar
as practicable the minimum warrants justifying the use of the various
traffic control devices. Such uniform system shall correlate with and,
where not inconsistent with Illinois highway conditions, conform to the
system set forth in the most recent edition of the national manual on
Uniform Traffic Control Devices for Streets and Highways.
(b) Signs adopted by the Department to designate the reservation of
parking facilities for a person with disabilities shall also exhibit, in a
manner determined by the Department, the words "$100 Fine".
(c) If the amount of a fine is changed, the Department shall change the
design of the
signs to indicate
the current amount of the fine.
(Source: P.A. 88‑685, eff. 1‑24‑95; 89‑533, eff. 1‑1‑97.)
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(625 ILCS 5/11‑301.1) (from Ch. 95 1/2, par. 11‑301.1)
Sec. 11‑301.1.
Beginning July 1, 1988, all signs erected and used to
designate the reservation of parking facilities for a person with disabilities
shall be in a form and manner prescribed under Section 11‑301 of this Code, and
all parking spaces reserved for a person with disabilities, except those
reserving on‑street parking areas, shall be at least 16 feet wide.
Non‑conforming signs in use prior to July 1, 1988 shall not constitute a
violation during their useful lives, which shall not be extended by means other
than normal maintenance. Beginning October 1, 1992, all parking spaces reserved
for a person with disabilities, except those reserving on‑street parking areas,
shall be at least 16 feet wide.
(Source: P.A. 87‑562; 88‑685, eff. 1‑24‑95.)
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(625 ILCS 5/11‑302) (from Ch. 95 1/2, par. 11‑302)
Sec. 11‑302.
Authority to designate through highway and stop and yield
intersections.
(a) The Department with reference to State highways under its
jurisdiction, and local authorities
with reference to other highways under their jurisdiction, may designate
through highways and erect stop signs or yield signs at specified entrances
thereto, or may designate any intersection as a stop intersection or as a
yield intersection and erect stop signs or yield signs at one or more
entrances to such intersection. Designation of through highways and stop or
yield intersections and the erection of stop signs or yield signs on
township or road district roads are subject to the written approval of the
county engineer or superintendent of highways.
(b) Every stop sign and yield sign shall conform to the State Manual and
Specifications and shall be located as near as practicable to the nearest
line of the crosswalk on the near side of the intersection or, if there is
no crosswalk, then as close as practicable to the nearest line of the
intersecting roadway.
(c) The Department may in its discretion and when traffic conditions
warrant such action give preference to traffic upon any of the State
highways under its jurisdiction over traffic crossing or entering such
highway by erecting appropriate traffic control devices.
(Source: P.A. 93‑177, eff. 7‑11‑03.)
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(625 ILCS 5/11‑303) (from Ch. 95 1/2, par. 11‑303)
Sec. 11‑303.
The Department to place signs on all State highways.
(a) The Department shall place and maintain such traffic‑control
devices, conforming to its manual and specifications on all highways
under its jurisdiction as it shall deem necessary to indicate and to
carry out the provisions of this Chapter or to regulate, warn or guide traffic.
(b) No local authority shall place or maintain any traffic‑control
device upon any highway under the jurisdiction of the Department except
by the latter's permission.
(c) The Department shall erect and maintain guide, warning and
direction signs upon highways in cities, towns and villages of which
portions or lanes of such highways are under the control and
jurisdiction of the Department or for which the Department has
maintenance responsibility.
(d) Nothing in this Chapter shall divest the corporate authorities
of park districts of power to prohibit or restrict the use of highways
under their jurisdiction by certain types or weights of motor vehicles
or the power of cities, villages, incorporated towns and park districts
to designate highways for one‑way traffic or the power of such municipal
corporations to erect and maintain appropriate signs respecting such
uses.
(e) Nothing in this Section shall prohibit a municipality, township, or
county from erecting signs as required under the Illinois Adopt‑A‑Highway Act.
(Source: P.A. 87‑1118.)
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(625 ILCS 5/11‑304) (from Ch. 95 1/2, par. 11‑304)
Sec. 11‑304.
Local traffic‑control devices; tourist oriented businesses
signs.
Local authorities in their
respective maintenance jurisdiction shall place and maintain such
traffic‑control devices upon highways under their maintenance jurisdiction
as are required to indicate and carry out the provisions of this Chapter,
and local traffic ordinances or to regulate, warn, or guide traffic. All
such traffic control devices shall conform to the State Manual and
Specifications and shall be justified by traffic warrants stated in the
Manual. Placement of traffic‑control devices on township or road district
roads also shall be subject to the written approval of the county engineer
or superintendent of highways.
Local authorities in their
respective maintenance jurisdictions shall have the authority to install signs,
in conformance with the State Manual and specifications, alerting motorists of
the tourist oriented businesses available on roads under
local jurisdiction in rural areas as may be required to guide motorists to the
businesses.
The local authorities and road district
highway commissioners shall also have the authority to sell or
lease space on these signs to the owners or operators of the businesses.
(Source: P.A. 93‑177, eff. 7‑11‑03.)
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(625 ILCS 5/11‑305) (from Ch. 95 1/2, par. 11‑305)
Sec. 11‑305.
Obedience to and required
traffic‑control devices. (a) The driver of any vehicle
shall obey the instructions of any official
traffic‑control device applicable thereto
placed or held in accordance with the provisions of this Act,
unless otherwise directed by a police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle
in this Act.
(b) It is unlawful for any person to leave the roadway
and travel across private property to avoid an official
traffic control device.
(c) No provision of this Act for which official
traffic‑control devices are required shall
be enforced against an alleged violator if at the time and
place of the alleged violation an official device is not in
proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular section does not
state that official traffic‑control devices
are required, such section shall be effective even though no devices
are erected or in place.
(d) Whenever any official traffic‑control device is placed or held in
position approximately conforming to the requirements of this Act and
purports to conform to the lawful requirements pertaining to such device,
such device shall be presumed to have been so placed or held by the
official act or direction of lawful authority, and comply with the
requirements of this Act, unless the contrary shall be established by
competent evidence.
(e) The driver of a vehicle approaching a traffic control signal on
which no signal light facing such vehicle is illuminated shall stop before
entering the intersection in accordance with rules applicable in making a
stop at a stop sign.
(Source: P.A. 84‑873.)
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2. Vehicular traffic facing a green arrow signal, | ||
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3. Unless otherwise directed by a pedestrian‑control | ||
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(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular yellow | ||
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2. Pedestrians facing a steady circular yellow or | ||
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(c) Steady red indication.
1. Except as provided in paragraph 3 of this | ||
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2. Except as provided in paragraph 3 of this | ||
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3. Except when a sign is in place prohibiting a turn | ||
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4. Unless otherwise directed by a pedestrian‑control | ||
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(d) In the event an official traffic control signal is
erected and maintained
at a place other than an intersection, the provisions of this Section shall
be applicable except as to provisions which by their nature can have no
application. Any stop required shall be at a traffic sign or a marking
on the pavement indicating where the stop shall be made or, in the absence
of such sign or marking, the stop shall be made at the signal.
(e) The motorman of any streetcar shall obey the above signals as applicable
to vehicles.
(Source: P.A. 94‑795, eff. 5‑22‑06.)
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(625 ILCS 5/11‑307) (from Ch. 95 1/2, par. 11‑307)
Sec. 11‑307.
Pedestrian‑control signals.
Whenever special
pedestrian‑control signals exhibiting the words "Walk" or "Don't Walk" or
the illuminated symbols of a walking person or an upraised palm
are in place such signals shall indicate as follows:
(a) Walk or walking person symbol. Pedestrians facing such signal may
proceed across the
roadway in the direction of the signal, and shall be given the right of
way by the drivers of all vehicles.
(b) Don't Walk or upraised palm symbol. No pedestrian shall start to
cross the roadway in
the direction of such signal, but any pedestrian who has partly
completed his crossing on the Walk signal or walking person symbol shall
proceed to a sidewalk or
safety island while the "Don't Walk" signal or upraised palm symbol
is illuminated, steady, or
flashing.
(Source: P.A. 81‑553.)
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(625 ILCS 5/11‑308) (from Ch. 95 1/2, par. 11‑308)
Sec. 11‑308.
Lane‑control signals.
Whenever lane‑control signals are used in conjunction with official
signs, they shall have the following meanings:
(a) Downward‑pointing green arrow. A driver facing this indication
is permitted to drive in the lane over which the arrow signal is
located. Otherwise he shall obey all other traffic controls present and
follow normal safe driving practices.
(b) Red X symbol. A driver facing this indication shall not drive in
the lane over which the signal is located, and this indication shall
modify accordingly the meaning of all other traffic controls present.
Otherwise he shall obey all other traffic controls and follow normal
safe driving practices.
(c) Yellow X (steady). A driver facing this indication should
prepare to vacate the lane over which the signal is located, in a safe
manner to avoid, if possible, occupying that lane when a steady red X is
displayed.
(d) Flashing yellow arrow. A driver facing this indication may use the
lane only for the purpose of approaching and making a left turn.
(Source: P.A. 81‑552.)
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(625 ILCS 5/11‑309) (from Ch. 95 1/2, par. 11‑309)
Sec. 11‑309.
Flashing Signals.
Whenever an illuminated flashing red or yellow signal is used in
conjunction with a traffic control device it shall require obedience by
vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop at a clearly marked
stop line, but if none, before entering the cross walk on the near side of
the intersection, or if none, then at a point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection and the right to
proceed shall be subject to the rules applicable after making a stop at a
stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
3. This section does not apply at railroad grade crossings. Conduct of
drivers of vehicles approaching railroad grade crossings shall be governed
by Section 11‑1201 of this Act.
(Source: P.A. 76‑2162.)
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(625 ILCS 5/11‑310) (from Ch. 95 1/2, par. 11‑310)
Sec. 11‑310.
Display of Unauthorized Signs, Signals or Markings.
(a) No person shall place, maintain or display upon or in view of any
highway any unauthorized sign, signal, marking, or device which purports to be
or is an imitation of or resembles an official traffic‑control device or
railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the movement of traffic or the
effectiveness of an official traffic‑control device or any railroad sign or
signal.
(b) No person shall place or maintain nor shall any public authority permit
upon any highway any traffic sign or signal bearing thereon any commercial
advertising.
(c) Every such prohibited sign, signal or marking is hereby declared to
be a public nuisance and the authority having jurisdiction over the highway
is hereby empowered to remove the same or cause it to be removed without notice.
(d) No person shall sell or offer for sale any traffic control device
to be used on any street or highway in this State which does not conform
to the requirements of this Chapter.
(e) This Section shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful directional information
and of a type that cannot be mistaken for official signs.
(f) This Section shall not be deemed to prohibit the erection of
Illinois Adopt‑A‑Highway signs by municipalities, townships, or counties as
provided in the Illinois Adopt‑A‑Highway Act.
(g) Any person failing to comply with this Section shall be guilty of
a Class A misdemeanor.
(Source: P.A. 87‑1118.)
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(625 ILCS 5/11‑311) (from Ch. 95 1/2, par. 11‑311)
Sec. 11‑311.
Interference with official traffic‑control devices or
railroad signs or signals.
No person shall without lawful authority attempt to or in fact alter,
deface, injure, knock down, or remove any official traffic‑control
device, or any railroad sign or signal or any inscription, shield, or
insignia thereon, or any other part thereof.
Every person who is convicted of a violation of this Section shall be guilty
of a Class A misdemeanor, punishable by a fine of at least $250 in addition
to any other penalties which may be imposed.
(Source: P.A. 83‑672.)
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(625 ILCS 5/11‑312) (from Ch. 95 1/2, par. 11‑312)
Sec. 11‑312.
Unlawful Use or Damage to Highways, Appurtenances and Structures.
It shall be unlawful for any person to wilfully injure or damage any public
highway or street or any bridge or culvert, or to wilfully damage,
injure or remove any sign, signpost, or structure upon or used or constructed
in connection with any public highway or street for the protection thereof
or for protection or regulation of traffic thereon by any wilfully unusual,
improper or unreasonable use thereof, or by wilfully careless driving or
use of any vehicle thereon, or by the wilful
mutilation, defacing, destruction or removal thereof.
Every person who is convicted of a violation of this Section shall be guilty
of a Class A misdemeanor, punishable by a fine of at least $250 in addition
to any other penalty which may be imposed.
(Source: P.A. 83‑672.)
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(625 ILCS 5/11‑313) (from Ch. 95 1/2, par. 11‑313)
Sec. 11‑313.
Unlawful possession of highway sign or marker.
The Department and local authorities, with reference to traffic
control signs, signals, or markers owned by the Department or local
authority, are authorized to indicate the ownership of the signs,
signals, or markers in letters not less than
3/8 inch or more than 3/4 inch in height, by use of a metal stamp,
etching, or other permanent means and, except for employees of the
Department or local authorities, police officers, contractors and their
employees engaged in a highway construction contract or work on the
highway approved by the Department or local authority, it is unlawful
for any person to possess such sign, signal, or marker so
identified.
(Source: P.A. 91‑512, eff. 8‑13‑99.)
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(625 ILCS 5/11‑402) (from Ch. 95 1/2, par. 11‑402)
Sec. 11‑402.
Motor vehicle accident involving damage to vehicle.
(a)
The driver of any vehicle involved in a motor vehicle accident
resulting only in damage to a vehicle which is driven or attended by any person shall
immediately stop such vehicle at the scene of such motor vehicle accident
or as close thereto as possible, but shall forthwith return to and in every event
shall remain at the scene of such motor vehicle accident until the
requirements of Section 11‑403 have been fulfilled. Every such stop
shall be made without obstructing traffic
more than is necessary.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(b) Upon conviction of a violation of this Section, the court shall make
a finding as to whether the damage to a vehicle is in excess of $1,000,
and in such case a statement of this finding shall be reported to the Secretary
of State with the report of conviction as required by Section 6‑204 of this
Code. Upon receipt of such report of conviction and statement of finding
that the damage to a vehicle is in excess of $1,000, the Secretary of State
shall suspend the driver's license or any nonresident's driving privilege.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑403) (from Ch. 95 1/2, par. 11‑403)
Sec. 11‑403.
Duty to give information and render aid.
The driver of any vehicle involved in a motor vehicle accident
resulting in injury to or death of any person or damage to any vehicle which
is driven or attended by any person shall give the driver's
name, address, registration number and owner of the vehicle
the driver is operating and shall upon request and
if available exhibit such driver's license to the person struck
or the driver
or occupant of or person attending any vehicle collided with
and shall render to any person injured in such accident reasonable
assistance, including the carrying or the making of arrangements for the
carrying of such person to a physician, surgeon or hospital for medical
or surgical treatment, if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person.
If none of the persons entitled to information pursuant to this
Section is in condition to receive and understand such information and
no police officer is present, such driver after rendering reasonable
assistance shall forthwith report such motor vehicle accident at the
nearest office of a duly authorized police authority, disclosing the
information
required by this Section.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑404) (from Ch. 95 1/2, par. 11‑404)
Sec. 11‑404.
Duty upon damaging unattended vehicle or other property.
The driver of any vehicle which collides with or is involved in a motor
vehicle accident with any vehicle which is unattended, or other property,
resulting in any damage to such other vehicle or property shall
immediately stop and shall then and there either locate and notify the
operator or owner of such vehicle or other
property of the driver's name, address, registration
number and owner of the vehicle the driver was operating or shall
attach securely in a conspicuous place on or in the vehicle
or other property struck a written notice giving the driver's
name, address, registration number and owner of the
vehicle the driver was driving and shall without unnecessary
delay notify the nearest office of a duly authorized police authority and
shall make a written report of such accident when and as required in
Section 11‑406. Every such stop shall be made without
obstructing traffic more than is necessary.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑406) (from Ch. 95 1/2, par. 11‑406)
Sec. 11‑406.
Duty to report accident.
(a) The driver of a vehicle that is in any manner involved in an
accident within this State, resulting in injury to or death of any
person, or in which damage to the property of any one person, including
himself, in excess of $500 is sustained, shall, as soon as possible but
not later than 10 days after the accident, forward a written report of
the accident to the Administrator.
(b) Whenever a school bus is involved in an accident in this State,
caused by a collision, a sudden stop or otherwise, resulting in any
property damage, personal injury or death and whenever an accident
occurs within 50 feet of a school bus in this State resulting in
personal injury to or the death of any person while awaiting or
preparing to board the bus or immediately after exiting the bus, the
driver shall as soon as possible but not later than 10 days after the
accident, forward a written report to the Department of Transportation.
If a report is also required under Subsection (a) of this Section, that
report and the report required by this Subsection shall be submitted on
a single form.
(c) The Administrator may require any driver, occupant or owner of a
vehicle involved in an accident of which report must be made as provided
in this Section or Section 11‑410 of this Chapter to file supplemental
reports whenever the original report is insufficient in the opinion of
the Secretary of State or the Administrator, and may require witnesses
of the accident to submit written reports to the Administrator. The
report may include photographs, charts, sketches, and graphs.
(d) Should the Administrator learn through other reports of
accidents required by law of the occurrence of an accident reportable
under this Article and the driver, owner, or witness has not reported as
required under Subsections (a), (b) or (c) of this Section or Section
11‑410, within the time specified, the person is not relieved of the
responsibility and the Administrator shall notify the person by first
class mail directed to his last known address of his legal obligation.
However, the notification is not a condition precedent to impose the
penalty for failure to report as provided in Subsection (e).
(e) The Secretary of State shall suspend the driver's license or any
non‑resident's driving privilege of any person who fails or neglects to
make report of a traffic accident as required or as required by
any other law of this State.
(Source: P.A. 87‑829.)
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(625 ILCS 5/11‑407) (from Ch. 95 1/2, par. 11‑407)
Sec. 11‑407.
Immediate notice of accident.
(a) The driver of a vehicle which is in any manner involved in an
accident described in Section 11‑406 of this Chapter shall, if no police
officer is present, give notice of the accident by the fastest available
means of communication to the local police department if such accident
occurs within a municipality or otherwise to the nearest office of the
county sheriff or nearest headquarters of the Illinois State Police.
(b) Whenever the driver of a vehicle is physically incapable of giving
immediate notice of an accident as required in Subsection (a) and there was
another occupant in the vehicle at the time of the accident capable of
doing so, that occupant must give notice as required in Subsection (a).
(Source: P.A. 76‑2163.)
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(625 ILCS 5/11‑408) (from Ch. 95 1/2, par. 11‑408)
Sec. 11‑408.
Police to report motor vehicle accident investigations.
(a) Every law enforcement officer who investigates a motor vehicle accident
for which a report is required by this Article or who prepares a written
report as a result of an investigation either at the time and scene of such
motor vehicle accident or thereafter by interviewing participants or
witnesses shall forward a written report of such motor vehicle accident
to the Administrator on forms provided by the Administrator under Section
11‑411 within 10 days after investigation of the motor
vehicle accident, or within such other time as is prescribed by the
Administrator.
Such written reports required to be forwarded by law enforcement officers
and the information
contained therein are privileged as to the Secretary of State and the
Department
and, in the case of second division vehicles operated under certificate of
convenience and necessity issued by the Illinois Commerce Commission, to
the Commission, but shall not be held confidential by the reporting law
enforcement officer or agency. The Secretary of State may also disclose
notations of accident involvement maintained on individual driving records.
However, the Administrator or the
Secretary of State may require a supplemental written report from the
reporting law enforcement officer and such supplemental report shall be
for the privileged use of the Secretary of State and the Department and
shall be held confidential.
(b) The Department at its discretion may require a supplemental written
report from the reporting law enforcement officer on a form supplied by the
Department to be submitted directly to the Department. Such supplemental
report may be used only for accident studies and statistical or analytical
purposes, and shall be for the privileged use of the Department and shall
be held confidential.
(c) The Department at its discretion may also provide for in‑depth
investigations of a motor vehicle accident by individuals or
special investigation groups, including but not limited to police officers,
photographers,
engineers, doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs, charts, sketches,
graphs, or a combination of all. Such individual written reports,
photographs, charts, sketches, or graphs may be used only for accident
studies and statistical or analytical purposes, shall be for the privileged
use of the Department and held confidential, and shall not be used in any
trial, civil or criminal.
(d) On and after July 1, 1997, law enforcement officers who have reason to
suspect that the motor
vehicle accident was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical Review Law of
1992, or the result of any medical condition that impaired the
driver's ability to safely operate a motor vehicle shall notify the Secretary
of
this determination. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
The
Secretary shall, in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies, promulgate any
rules necessary and develop the procedures and documents that may be required
to
obtain written, electronic, or other agreed upon methods of notification to
implement the provisions of this Section.
(e) Law enforcement officers reporting under the provisions of subsection
(d) of this Section shall enjoy the same immunities granted members of the
Driver's License Medical Advisory Board under Section 6‑910 of this Code.
(f) All information furnished to the Secretary under subsection (d) of this
Section shall be deemed confidential and for the privileged use of the
Secretary in accordance with the provisions of subsection (j) of Section 2‑123
of this Code.
(Source: P.A. 89‑503, eff. 7‑1‑96; 89‑584, eff. 7‑31‑96; 90‑14, eff.
7‑1‑97.)
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(625 ILCS 5/11‑409) (from Ch. 95 1/2, par. 11‑409)
Sec. 11‑409.
False motor vehicle accident reports or notices.
Any
person who provides information in an oral or written report required by
this Code with knowledge or reason to believe that such
information is false shall be guilty of a Class C misdemeanor.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑410) (from Ch. 95 1/2, par. 11‑410)
Sec. 11‑410.
When driver fails to report a motor vehicle accident.
Whenever the driver of a vehicle is physically incapable of making a required
written accident report and if there was another occupant in the vehicle
at the time of the motor vehicle accident capable of making a written
report, such occupant shall make or cause to be made such written report.
If said driver fails for any reason to make such report, the owner of the
vehicle involved in such motor vehicle accident, shall, as soon as
practicable, make said report to the Administrator.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑411) (from Ch. 95 1/2, par. 11‑411)
Sec. 11‑411.
Accident report forms.
(a) The Administrator must prepare and upon request supply to police
departments, sheriffs and other appropriate agencies or individuals, forms
for written accident reports as required hereunder, suitable with respect
to the persons required to make such reports and the purposes to be served.
The written reports must call for sufficiently detailed information to
disclose with reference to a vehicle accident the cause, conditions then
existing, and the persons and vehicles involved or any other data
concerning such accident that may be required for a complete analysis of
all related circumstances and events leading to the accident or subsequent
to the occurrence.
(b) Every accident report required to be made in writing must be made on
an appropriate form approved or provided by the Administrator and must
contain all the information required therein unless that information is not
available.
(c) Should special accident studies be required by the Administrator,
the Administrator may provide the supplemental forms for the special
studies.
(Source: P. A. 78‑255.)
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(625 ILCS 5/11‑412) (from Ch. 95 1/2, par. 11‑412)
Sec. 11‑412.
Motor vehicle accident reports confidential.
All required
written motor vehicle accident reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle accident
when such identity is not otherwise known or when such person denies his
presence at such motor vehicle accident and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of accident involvement maintained on
individual driving records. The Department
may furnish copies of its written accident reports to federal and State
agencies that are engaged in highway safety research and studies. Reports
furnished to any agency other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency.
No such written report shall be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle accident, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written report, or upon demand of any
court, a certificate showing that a specified written accident report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written report
be made to the Administrator.
The Department of Transportation at its discretion may provide for
in‑depth investigations of accidents involving Department employees. A
written report describing the preventability of such an accident may be
prepared to enhance the safety of Department employees. Such reports and
any opinions expressed in the review of the accident as to the
preventability of the accident shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding.
(Source: P.A. 89‑503, eff. 7‑1‑96.)
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(625 ILCS 5/11‑413) (from Ch. 95 1/2, par. 11‑413)
Sec. 11‑413.
Coroners to report.
All coroners shall
on or before the 10th day of each month report in writing to the Administrator
the death of any person within their respective jurisdiction,
during the preceding calendar month, as the result of a traffic accident giving the
time and place of the accident and the circumstances relating thereto.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑414) (from Ch. 95 1/2, par. 11‑414)
Sec. 11‑414.
Department to tabulate and analyze motor vehicle accident
reports. The Department shall tabulate and may analyze all written motor
vehicle accident reports received in compliance with this Code
and shall publish annually or at more frequent intervals statistical information
based thereon as to the number and circumstances of traffic accidents. The Department:
1. shall submit a report of school bus accidents and accidents resulting
in personal injury to or the death of any person within 50 feet of a school
bus while awaiting or preparing to board the bus or immediately after exiting
the bus to the National Highway Safety Advisory Committee annually or as
requested by the Committee;
2. shall compile, maintain, and make available to the public
statistical information relating to traffic accidents involving medical
transport vehicles;
3. may conduct special investigations of motor vehicle
accidents and may solicit supplementary reports from drivers, owners,
police departments, sheriffs, coroners, or any other individual.
Failure of any individual to submit a supplementary report subjects such
individual to the same penalties for failure to report as designated
under Section 11‑406.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑415) (from Ch. 95 1/2, par. 11‑415)
Sec. 11‑415.
Municipalities may require traffic accident reports.
Municipalities may by ordinance require that the driver or owner of
a vehicle involved in a traffic accident file with the designated municipal
office a written
report of such accident. All such reports shall be for the confidential
use of the municipal office and subject to the provisions of Section 11‑412.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑416) (from Ch. 95 1/2, par. 11‑416)
Sec. 11‑416.
Furnishing
copies ‑ Fees.
The Department of State Police may furnish copies of an Illinois
State Police Traffic Accident Report that has been investigated by the
State Police and shall be paid a fee of $5 for each such
copy, or in the case of an accident which was investigated by an accident
reconstruction officer or accident reconstruction team, a fee of $20 shall be
paid.
Other State law enforcement agencies or law enforcement agencies of
local authorities may furnish copies of traffic accident reports
prepared by such agencies and may receive a fee not to exceed $5 for each
copy or in the case of an accident which was investigated by an accident
reconstruction officer or accident reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written accident report required or requested to be furnished the
Administrator shall be provided without cost or fee charges authorized
under this Section or any other provision of law.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
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(625 ILCS 5/11‑500) (from Ch. 95 1/2, par. 11‑500)
Sec. 11‑500.
Definitions.
For the purposes of interpreting Sections
6‑206.1 and 6‑208.1 of this Code, "first offender" shall mean any person
who has not had a previous conviction or court assigned supervision for
violating Section 11‑501, or a similar provision of a local ordinance,
or a conviction in any other state for a violation of driving while under
the influence or a similar offense where the cause of action is the same
or substantially similar to this Code or any
person who has not had a driver's license
suspension for violating Section 11‑501.1 within 5 years prior to the date of
the
current offense, except in cases where the driver submitted to
chemical testing resulting in an alcohol concentration of 0.08 or
more,
or any amount of a drug, substance, or compound in such person's blood or
urine resulting from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in the
Illinois
Controlled Substances Act, or an intoxicating compound listed in the Use
of
Intoxicating Compounds Act and
was subsequently found not guilty of violating Section 11‑501, or a similar
provision of a local ordinance.
(Source: P.A. 90‑43, eff. 7‑2‑97; 90‑779, eff. 1‑1‑99.)
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(625 ILCS 5/11‑500.1)
Sec. 11‑500.1.
Immunity.
(a) A person authorized under this Article to withdraw blood or collect
urine shall not be civilly liable for damages when the person, in good faith,
withdraws blood or collects urine for evidentiary purposes under this Code,
upon the request of a law enforcement officer, unless the act is performed in a
willful and wanton manner.
(b) As used in this Section, "willful and wanton manner" means a course of
action that shows an actual or deliberate intention to cause harm or which, if
not intentional, shows an utter indifference to or conscious disregard for the
health or safety of another.
(Source: P.A. 89‑689, eff. 12‑31‑96.)
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(b) The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, or
intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any charge of
violating this Section.
(b‑1) With regard to penalties imposed under this Section:
(1) Any reference to a prior violation of subsection | ||
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(2) Any penalty imposed for driving with a license | ||
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(b‑2) Except as otherwise provided in this Section, any person convicted of
violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b‑3) In addition to any other criminal or administrative sanction for any
second conviction of violating subsection (a) or a similar provision committed
within 5 years of a previous violation of subsection (a) or a similar
provision, the defendant shall be sentenced to a mandatory minimum of 5 days of
imprisonment or assigned a mandatory minimum of 240 hours of community service
as may be determined by the court.
(b‑4) In the case of a third or subsequent violation committed within 5
years of a previous violation of subsection (a) or a similar provision, in
addition to any other criminal or administrative sanction, a mandatory minimum
term of either 10 days of imprisonment or 480 hours of community service shall
be imposed.
(b‑5) The imprisonment or assignment of community service under subsections
(b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be
eligible for a reduced sentence.
(c) (Blank).
(c‑1) (1) A person who violates subsection (a) during a | ||
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(2) A person who violates subsection (a) a third | ||
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(2.2) A person who violates subsection (a), if the | ||
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(3) A person who violates subsection (a) a fourth or | ||
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(c‑2) (Blank).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5)(1) A person who violates subsection (a), if the | ||
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(2) Except as provided in subdivisions (c‑5)(3) and | ||
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(3) Except as provided in subdivision (c‑5)(4), any | ||
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(4) Any person convicted of violating subdivision | ||
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(5) Any person convicted a third time for violating | ||
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(6) Any person convicted of violating subdivision | ||
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(7) Any person convicted a fourth or subsequent time | ||
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(c‑6)(1) Any person convicted of a first violation of | ||
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(2) Any person convicted of a second violation of | ||
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(3) Any person convicted of a third violation of | ||
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(4) Any person convicted of a fourth or subsequent | ||
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(d) (1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(2) Except as provided in this paragraph (2), a | ||
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(e) After a finding of guilt and prior to any final sentencing, or an
order for supervision, for an offense based upon an arrest for a
violation of this Section or a similar provision of a local ordinance,
individuals shall be required to undergo a professional evaluation to
determine if an alcohol, drug, or intoxicating compound abuse problem exists
and the
extent of the problem, and undergo the imposition of treatment as appropriate.
Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of any professional
evaluation shall be paid for by the
individual
required to undergo the professional evaluation.
(e‑1) Any person who is found guilty of or pleads guilty to violating this
Section, including any person receiving a disposition of court supervision for
violating this Section, may be required by the Court to attend a victim
impact panel offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers Against Drunk
Driving,
or the Alliance Against Intoxicated Motorists.
All costs generated by
the victim impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section proximately
caused any incident resulting in an appropriate emergency response, shall
be liable for the expense of an emergency response as provided under
Section 5‑5‑3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges of any
person convicted under this Section or a similar provision of a local
ordinance.
(h) (Blank).
(i) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second
or subsequent offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system.
(j) In addition to any other penalties and liabilities, a person who is
found guilty of or pleads guilty to violating subsection (a), including any
person placed on court supervision for violating subsection (a), shall be fined
$500, payable to the
circuit clerk, who shall distribute the money as follows: 20% to the law enforcement agency
that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating
subsection (a) or a similar provision of a local
ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received
by a law
enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law
enforcement equipment and commodities that will assist in the prevention of alcohol related
criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Equipment and commodities shall include, but are not limited
to, in‑car video cameras, radar and laser speed detection devices, and alcohol
breath testers.
Any moneys received by the Department of State Police under this subsection
(j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the
purchase of law enforcement equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special
fund in the State treasury. All moneys received by the Secretary of State
Police under subsection (j) of this Section shall be deposited into the
Secretary of State Police DUI Fund and, subject to appropriation, shall be
used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(l) Whenever an individual is sentenced for an offense based upon an
arrest for a violation of subsection (a) or a similar provision of a local
ordinance, and the professional evaluation recommends remedial or
rehabilitative treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained in the
professional evaluation. Programs conducting alcohol or other drug evaluation
or remedial education must be licensed by the Department of Human Services. If
the individual is not a resident of Illinois, however, the court may accept an
alcohol or other drug evaluation or remedial education program in the
individual's state of residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment licensure standards.
(m) In addition to any other fine or penalty required by law, an individual
convicted of a violation of subsection (a), Section 5‑7 of the Snowmobile
Registration and Safety Act, Section 5‑16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or
watercraft while in
violation of subsection (a), Section 5‑7 of the Snowmobile Registration and
Safety Act, Section 5‑16 of the Boat Registration and Safety Act, or a similar
provision proximately caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public agency for the
costs of that emergency response. The restitution may not exceed $1,000 per
public agency for each emergency response. As used in this subsection (m),
"emergency response" means any incident requiring a response by a police
officer, a firefighter carried on the rolls of a regularly constituted fire
department, or an ambulance.
(Source: P.A. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584, eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff. 7‑30‑04; 93‑1093, eff. 3‑29‑05; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑110 and 94‑963) Sec. 11‑501. Driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual
physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood | ||
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(b) The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, or
intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any charge of
violating this Section.
(b‑1) With regard to penalties imposed under this Section:
(1) Any reference to a prior violation of subsection | ||
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(2) Any penalty imposed for driving with a license | ||
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(b‑2) Except as otherwise provided in this Section, any person convicted of
violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b‑3) In addition to any other criminal or administrative sanction for any
second conviction of violating subsection (a) or a similar provision committed
within 5 years of a previous violation of subsection (a) or a similar
provision, the defendant shall be sentenced to a mandatory minimum of 5 days of
imprisonment or assigned a mandatory minimum of 240 hours of community service
as may be determined by the court.
(b‑4) In the case of a third or subsequent violation committed within 5
years of a previous violation of subsection (a) or a similar provision, in
addition to any other criminal or administrative sanction, a mandatory minimum
term of either 10 days of imprisonment or 480 hours of community service shall
be imposed.
(b‑5) The imprisonment or assignment of community service under subsections
(b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be
eligible for a reduced sentence.
(c) (Blank).
(c‑1) (1) A person who violates subsection (a) during a | ||
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(2) A person who violates subsection (a) a third | ||
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(2.2) A person who violates subsection (a), if the | ||
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(3) A person who violates subsection (a) a fourth or | ||
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(c‑2) (Blank).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5) Except as provided in subsection (c‑5.1), a person 21 years of age or older who violates subsection (a), if the person was transporting
a person under the age of 16 at the time of the violation, is subject to 6 months of imprisonment, an
additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children. The imprisonment or assignment of community service under this
subsection (c‑5) is not subject to suspension, nor is the person eligible for
a reduced sentence.
(c‑5.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section
a
first time and who in committing that violation was involved in a motor vehicle
accident that resulted in bodily harm to the child under the age of 16 being
transported by the person, if the violation was the proximate cause of the
injury, is guilty of a Class 4 felony and is subject to one year of
imprisonment,
a mandatory fine of $2,500, and 25 days of community service in a program
benefiting children. The imprisonment or assignment to community service under
this subsection (c‑5.1) shall not be subject to suspension, nor shall the person be
eligible for probation in order to reduce the sentence or assignment.
(c‑6) Except as provided in subsections (c‑7) and (c‑7.1), a person 21 years of age or older who
violates
subsection (a) a second time, if at the time of
the second violation the person was transporting a person under the age of 16,
is subject to 6 months of imprisonment, an additional mandatory
minimum fine of $1,000, and an additional mandatory minimum 140 hours of
community service, which shall include 40 hours of community service in a
program benefiting children.
The imprisonment or assignment of community service under this subsection (c‑6)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑7) Except as provided in subsection (c‑7.1), any person 21 years of age or older convicted of
violating subsection (c‑6) or a similar
provision within 10 years of a previous violation of subsection (a) or a
similar provision is guilty of a Class 4 felony and, in addition to any other penalty imposed, is subject to one year of
imprisonment, 25 days of mandatory
community service in a program benefiting children, and a mandatory
fine of $2,500. The imprisonment or assignment of community service under this
subsection (c‑7) is not subject to suspension, nor is the person
eligible for a reduced sentence.
(c‑7.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section
a
second time within 10 years and who in committing that violation was involved
in a motor vehicle accident that resulted in bodily harm to the child under the
age of 16 being transported, if the violation was the proximate cause of the
injury, is guilty of a Class 4 felony and is subject to 18 months of
imprisonment, a
mandatory fine of $5,000, and 25 days of community service in a program
benefiting
children. The imprisonment or assignment to community service under this
subsection
(c‑7.1) shall not be subject to suspension, nor shall the person be eligible for
probation in order
to reduce the sentence or assignment.
(c‑8) (Blank).
(c‑9) Any person 21 years of age or older convicted a third time for violating subsection (a) or a
similar provision, if at the time of the third violation the person was
transporting a person under the age of 16, is guilty of a Class 4 felony and is subject to 18 months of imprisonment, a mandatory fine of $2,500, and 25 days of community service in a
program benefiting children.
The imprisonment or assignment of community service under this subsection (c‑9)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑10) Any person 21 years of age or older convicted of violating subsection (c‑9) or a similar
provision a third time within 20 years of a previous violation of subsection
(a) or a
similar provision is guilty of a Class 3 felony and, in addition
to any other penalty imposed, is subject to 3 years of imprisonment, 25 days of community
service in a program benefiting children, and a mandatory fine of
$25,000. The imprisonment or
assignment of community service under this subsection (c‑10) is not subject to
suspension, nor is the person eligible for a reduced sentence.
(c‑11) Any person 21 years of age or older convicted a fourth or subsequent time for violating
subsection (a) or a similar provision, if at the time of the fourth or
subsequent violation the person was transporting a person under the age of 16,
and if the person's 3 prior violations of subsection (a) or a similar provision
occurred while transporting a person under the age of 16 or while the alcohol
concentration in his or her blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in Section 11‑501.2, is
guilty of a Class 2 felony, is not eligible for probation or conditional
discharge, and is subject to a minimum fine of $25,000.
(c‑12) Any person convicted of a first violation of subsection (a) or a
similar provision, if the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine
units in Section 11‑501.2, shall be subject, in addition to any other penalty
that may be imposed, to a mandatory minimum of 100 hours of community service
and a mandatory minimum fine of $500.
(c‑13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) or a similar provision the
alcohol concentration in his or her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in Section 11‑501.2,
shall be
subject, in addition to any other penalty that may be imposed, to a mandatory
minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
(c‑14) Any person convicted of a third violation of subsection (a) or a
similar provision within 20 years of a previous violation of subsection (a) or
a
similar provision, if at the time of the third violation of subsection (a) or a
similar provision the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine units
in Section 11‑501.2, is guilty of a Class 4 felony and shall be subject, in
addition to any other penalty that may be imposed, to a mandatory minimum of
90 days of imprisonment and a mandatory minimum fine of $2,500.
(c‑15) Any person convicted of a fourth or subsequent violation of
subsection
(a) or a similar provision, if at the time of the fourth or subsequent
violation the alcohol concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or urine units in
Section 11‑501.2, and if the person's 3 prior violations of subsection (a) or a
similar provision occurred while transporting a person under the age of 16 or
while the alcohol concentration in his or her blood, breath, or urine was 0.16
or more based on the definition of blood, breath, or urine units in Section
11‑501.2, is guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge and is subject to a minimum fine of
$2,500.
(d) (1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(2) Except as provided in this paragraph (2), a | ||
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(e) After a finding of guilt and prior to any final sentencing, or an
order for supervision, for an offense based upon an arrest for a
violation of this Section or a similar provision of a local ordinance,
individuals shall be required to undergo a professional evaluation to
determine if an alcohol, drug, or intoxicating compound abuse problem exists
and the
extent of the problem, and undergo the imposition of treatment as appropriate.
Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of any professional
evaluation shall be paid for by the
individual
required to undergo the professional evaluation.
(e‑1) Any person who is found guilty of or pleads guilty to violating this
Section, including any person receiving a disposition of court supervision for
violating this Section, may be required by the Court to attend a victim
impact panel offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers Against Drunk
Driving,
or the Alliance Against Intoxicated Motorists.
All costs generated by
the victim impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section proximately
caused any incident resulting in an appropriate emergency response, shall
be liable for the expense of an emergency response as provided under
Section 5‑5‑3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges of any
person convicted under this Section or a similar provision of a local
ordinance.
(h) (Blank).
(i) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second
or subsequent offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system.
(j) In addition to any other penalties and liabilities, a person who is
found guilty of or pleads guilty to violating subsection (a), including any
person placed on court supervision for violating subsection (a), shall be fined
$500, payable to the
circuit clerk, who shall distribute the money as follows: 20% to the law enforcement agency
that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating
subsection (a) or a similar provision of a local
ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received
by a law
enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law
enforcement equipment and commodities that will assist in the prevention of alcohol related
criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Equipment and commodities shall include, but are not limited
to, in‑car video cameras, radar and laser speed detection devices, and alcohol
breath testers.
Any moneys received by the Department of State Police under this subsection
(j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the
purchase of law enforcement equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special
fund in the State treasury. All moneys received by the Secretary of State
Police under subsection (j) of this Section shall be deposited into the
Secretary of State Police DUI Fund and, subject to appropriation, shall be
used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(l) Whenever an individual is sentenced for an offense based upon an
arrest for a violation of subsection (a) or a similar provision of a local
ordinance, and the professional evaluation recommends remedial or
rehabilitative treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained in the
professional evaluation. Programs conducting alcohol or other drug evaluation
or remedial education must be licensed by the Department of Human Services. If
the individual is not a resident of Illinois, however, the court may accept an
alcohol or other drug evaluation or remedial education program in the
individual's state of residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment licensure standards.
(m) In addition to any other fine or penalty required by law, an individual
convicted of a violation of subsection (a), Section 5‑7 of the Snowmobile
Registration and Safety Act, Section 5‑16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or
watercraft while in
violation of subsection (a), Section 5‑7 of the Snowmobile Registration and
Safety Act, Section 5‑16 of the Boat Registration and Safety Act, or a similar
provision proximately caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public agency for the
costs of that emergency response. The restitution may not exceed $1,000 per
public agency for each emergency response. As used in this subsection (m),
"emergency response" means any incident requiring a response by a police
officer, a firefighter carried on the rolls of a regularly constituted fire
department, or an ambulance.
(Source: P.A. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584, eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff. 7‑30‑04; 94‑110, eff. 1‑1‑06; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑113, 94‑609, and 94‑963) Sec. 11‑501. Driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual
physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood | ||
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(b) The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, or
intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any charge of
violating this Section.
(b‑1) With regard to penalties imposed under this Section:
(1) Any reference to a prior violation of subsection | ||
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(2) Any penalty imposed for driving with a license | ||
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(b‑2) Except as otherwise provided in this Section, any person convicted of
violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b‑3) In addition to any other criminal or administrative sanction for any
second conviction of violating subsection (a) or a similar provision committed
within 5 years of a previous violation of subsection (a) or a similar
provision, the defendant shall be sentenced to a mandatory minimum of 5 days of
imprisonment or assigned a mandatory minimum of 240 hours of community service
as may be determined by the court.
(b‑4) In the case of a third or subsequent violation committed within 5
years of a previous violation of subsection (a) or a similar provision, in
addition to any other criminal or administrative sanction, a mandatory minimum
term of either 10 days of imprisonment or 480 hours of community service shall
be imposed.
(b‑5) The imprisonment or assignment of community service under subsections
(b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be
eligible for a reduced sentence.
(c) (Blank).
(c‑1) (1) A person who violates subsection (a) during a | ||
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(2) A person who violates subsection (a) a third | ||
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(2.1) A person who violates subsection (a) a third | ||
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(2.2) A person who violates subsection (a), if the | ||
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(3) A person who violates subsection (a) a fourth or | ||
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(c‑2) (Blank).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5) A person who violates subsection (a), if the person was transporting
a person under the age of 16 at the time of the violation, is subject to an
additional mandatory minimum fine of $1,000, an additional mandatory minimum
140 hours of community service, which shall include 40 hours of community
service in a program benefiting children, and an additional 2 days of
imprisonment. The imprisonment or assignment of community service under this
subsection (c‑5) is not subject to suspension, nor is the person eligible for
a reduced sentence.
(c‑6) Except as provided in subsections (c‑7) and (c‑8) a person who
violates
subsection (a) a second time, if at the time of
the second violation the person was transporting a person under the age of 16,
is subject to an additional 10 days of imprisonment, an additional mandatory
minimum fine of $1,000, and an additional mandatory minimum 140 hours of
community service, which shall include 40 hours of community service in a
program benefiting children.
The imprisonment or assignment of community service under this subsection (c‑6)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑7) Except as provided in subsection (c‑8), any person convicted of
violating subsection (c‑6) or a similar
provision within 10 years of a previous violation of subsection (a) or a
similar provision shall receive, in addition to any other penalty imposed, a
mandatory minimum 12 days imprisonment, an additional 40 hours of mandatory
community service in a program benefiting children, and a mandatory minimum
fine of $1,750. The imprisonment or assignment of community service under this
subsection (c‑7) is not subject to suspension, nor is the person
eligible for a reduced sentence.
(c‑8) Any person convicted of violating subsection (c‑6) or a similar
provision within 5 years of a previous violation of subsection (a) or a similar
provision shall receive, in addition to any other penalty imposed, an
additional 80 hours of mandatory community service in a program benefiting
children, an additional mandatory minimum 12 days of imprisonment, and a
mandatory minimum fine of $1,750. The imprisonment or assignment of community
service under this subsection (c‑8) is not subject to suspension, nor
is the
person eligible for a reduced sentence.
(c‑9) Any person convicted a third time for violating subsection (a) or a
similar provision, if at the time of the third violation the person was
transporting a person under the age of 16, is guilty of a Class 4 felony and shall
receive, in addition to any other
penalty imposed, an additional mandatory fine of $1,000, an additional
mandatory 140 hours of community service, which shall include 40 hours in a
program benefiting children, and a mandatory minimum 30 days of imprisonment.
The imprisonment or assignment of community service under this subsection (c‑9)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑10) Any person convicted of violating subsection (c‑9) or a similar
provision a third time within 20 years of a previous violation of subsection
(a) or a
similar provision is guilty of a Class 4 felony and shall receive, in addition
to any other penalty imposed, an additional mandatory 40 hours of community
service in a program benefiting children, an additional mandatory fine of
$3,000, and a mandatory minimum 120 days of imprisonment. The imprisonment or
assignment of community service under this subsection (c‑10) is not subject to
suspension, nor is the person eligible for a reduced sentence.
(c‑11) Any person convicted a fourth or subsequent time for violating
subsection (a) or a similar provision, if at the time of the fourth or
subsequent violation the person was transporting a person under the age of 16,
and if the person's 3 prior violations of subsection (a) or a similar provision
occurred while transporting a person under the age of 16 or while the alcohol
concentration in his or her blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in Section 11‑501.2, is
guilty of a Class 2 felony, is not eligible for probation or conditional
discharge, and is subject to a minimum fine of $3,000.
(c‑12) Any person convicted of a first violation of subsection (a) or a
similar provision, if the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine
units in Section 11‑501.2, shall be subject, in addition to any other penalty
that may be imposed, to a mandatory minimum of 100 hours of community service
and a mandatory minimum fine of $500.
(c‑13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) the
alcohol concentration in his or her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in Section 11‑501.2,
shall be
subject, in addition to any other penalty that may be imposed, to a mandatory
minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
(c‑14) Any person convicted of a third violation of subsection (a) or a
similar provision within 20 years of a previous violation of subsection (a) or
a
similar provision, if at the time of the third violation of subsection (a) or a
similar provision the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine units
in Section 11‑501.2, is guilty of a Class 4 felony and shall be subject, in
addition to any other penalty that may be imposed, to a mandatory minimum of
90 days of imprisonment and a mandatory minimum fine of $2,500.
(c‑15) Any person convicted of a fourth or subsequent violation of
subsection
(a) or a similar provision, if at the time of the fourth or subsequent
violation the alcohol concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or urine units in
Section 11‑501.2, and if the person's 3 prior violations of subsection (a) or a
similar provision occurred while transporting a person under the age of 16 or
while the alcohol concentration in his or her blood, breath, or urine was 0.16
or more based on the definition of blood, breath, or urine units in Section
11‑501.2, is guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge and is subject to a minimum fine of
$2,500.
(d) (1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(2) Except as provided in this paragraph (2), a | ||
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(e) After a finding of guilt and prior to any final sentencing, or an
order for supervision, for an offense based upon an arrest for a
violation of this Section or a similar provision of a local ordinance,
individuals shall be required to undergo a professional evaluation to
determine if an alcohol, drug, or intoxicating compound abuse problem exists
and the
extent of the problem, and undergo the imposition of treatment as appropriate.
Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of any professional
evaluation shall be paid for by the
individual
required to undergo the professional evaluation.
(e‑1) Any person who is found guilty of or pleads guilty to violating this
Section, including any person receiving a disposition of court supervision for
violating this Section, may be required by the Court to attend a victim
impact panel offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers Against Drunk
Driving,
or the Alliance Against Intoxicated Motorists.
All costs generated by
the victim impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section proximately
caused any incident resulting in an appropriate emergency response, shall
be liable for the expense of an emergency response as provided under
Section 5‑5‑3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges of any
person convicted under this Section or a similar provision of a local
ordinance.
(h) (Blank).
(i) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second
or subsequent offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system.
(j) In addition to any other penalties and liabilities, a person who is
found guilty of or pleads guilty to violating subsection (a), including any
person placed on court supervision for violating subsection (a), shall be fined
$500, payable to the
circuit clerk, who shall distribute the money as follows: 20% to the law enforcement agency
that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating
subsection (a) or a similar provision of a local
ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received
by a law
enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law
enforcement equipment and commodities that will assist in the prevention of alcohol related
criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Equipment and commodities shall include, but are not limited
to, in‑car video cameras, radar and laser speed detection devices, and alcohol
breath testers.
Any moneys received by the Department of State Police under this subsection
(j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the
purchase of law enforcement equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special
fund in the State treasury. All moneys received by the Secretary of State
Police under subsection (j) of this Section shall be deposited into the
Secretary of State Police DUI Fund and, subject to appropriation, shall be
used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(l) Whenever an individual is sentenced for an offense based upon an
arrest for a violation of subsection (a) or a similar provision of a local
ordinance, and the professional evaluation recommends remedial or
rehabilitative treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained in the
professional evaluation. Programs conducting alcohol or other drug evaluation
or remedial education must be licensed by the Department of Human Services. If
the individual is not a resident of Illinois, however, the court may accept an
alcohol or other drug evaluation or remedial education program in the
individual's state of residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment licensure standards.
(m) In addition to any other fine or penalty required by law, an individual
convicted of a violation of subsection (a), Section 5‑7 of the Snowmobile
Registration and Safety Act, Section 5‑16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or
watercraft while in
violation of subsection (a), Section 5‑7 of the Snowmobile Registration and
Safety Act, Section 5‑16 of the Boat Registration and Safety Act, or a similar
provision proximately caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public agency for the
costs of that emergency response. The restitution may not exceed $1,000 per
public agency for each emergency response. As used in this subsection (m),
"emergency response" means any incident requiring a response by a police
officer, a firefighter carried on the rolls of a regularly constituted fire
department, or an ambulance.
(Source: P.A. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584, eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff. 7‑30‑04; 94‑113, eff. 1‑1‑06; 94‑609, eff. 1‑1‑06; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑114 and 94‑963) Sec. 11‑501. Driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual
physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood | ||
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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||
(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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||
(b) The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, or
intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any charge of
violating this Section.
(b‑1) With regard to penalties imposed under this Section:
(1) Any reference to a prior violation of subsection | ||
|
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(2) Any penalty imposed for driving with a license | ||
|
||
(b‑2) Except as otherwise provided in this Section, any person convicted of
violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b‑3) In addition to any other criminal or administrative sanction for any
second conviction of violating subsection (a) or a similar provision committed
within 5 years of a previous violation of subsection (a) or a similar
provision, the defendant shall be sentenced to a mandatory minimum of 5 days of
imprisonment or assigned a mandatory minimum of 240 hours of community service
as may be determined by the court.
(b‑4) In the case of a third or subsequent violation committed within 5
years of a previous violation of subsection (a) or a similar provision, in
addition to any other criminal or administrative sanction, a mandatory minimum
term of either 10 days of imprisonment or 480 hours of community service shall
be imposed.
(b‑5) The imprisonment or assignment of community service under subsections
(b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be
eligible for a reduced sentence.
(c) (Blank).
(c‑1) (1) A person who violates subsection (a) during a | ||
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(2) A person who violates subsection (a) a third | ||
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(2.1) A person who violates subsection (a) a third | ||
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(2.2) A person who violates subsection (a), if the | ||
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(3) A person who violates subsection (a) a fourth or | ||
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(c‑2) (Blank).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5) A person who violates subsection (a), if the person was transporting
a person under the age of 16 at the time of the violation, is subject to an
additional mandatory minimum fine of $1,000, an additional mandatory minimum
140 hours of community service, which shall include 40 hours of community
service in a program benefiting children, and an additional 2 days of
imprisonment. The imprisonment or assignment of community service under this
subsection (c‑5) is not subject to suspension, nor is the person eligible for
a reduced sentence.
(c‑6) Except as provided in subsections (c‑7) and (c‑8) a person who
violates
subsection (a) a second time, if at the time of
the second violation the person was transporting a person under the age of 16,
is subject to an additional 10 days of imprisonment, an additional mandatory
minimum fine of $1,000, and an additional mandatory minimum 140 hours of
community service, which shall include 40 hours of community service in a
program benefiting children.
The imprisonment or assignment of community service under this subsection (c‑6)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑7) Except as provided in subsection (c‑8), any person convicted of
violating subsection (c‑6) or a similar
provision within 10 years of a previous violation of subsection (a) or a
similar provision shall receive, in addition to any other penalty imposed, a
mandatory minimum 12 days imprisonment, an additional 40 hours of mandatory
community service in a program benefiting children, and a mandatory minimum
fine of $1,750. The imprisonment or assignment of community service under this
subsection (c‑7) is not subject to suspension, nor is the person
eligible for a reduced sentence.
(c‑8) Any person convicted of violating subsection (c‑6) or a similar
provision within 5 years of a previous violation of subsection (a) or a similar
provision shall receive, in addition to any other penalty imposed, an
additional 80 hours of mandatory community service in a program benefiting
children, an additional mandatory minimum 12 days of imprisonment, and a
mandatory minimum fine of $1,750. The imprisonment or assignment of community
service under this subsection (c‑8) is not subject to suspension, nor
is the
person eligible for a reduced sentence.
(c‑9) Any person convicted a third time for violating subsection (a) or a
similar provision, if at the time of the third violation the person was
transporting a person under the age of 16, is guilty of a Class 4 felony and shall
receive, in addition to any other
penalty imposed, an additional mandatory fine of $1,000, an additional
mandatory 140 hours of community service, which shall include 40 hours in a
program benefiting children, and a mandatory minimum 30 days of imprisonment.
The imprisonment or assignment of community service under this subsection (c‑9)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑10) Any person convicted of violating subsection (c‑9) or a similar
provision a third time within 20 years of a previous violation of subsection
(a) or a
similar provision is guilty of a Class 4 felony and shall receive, in addition
to any other penalty imposed, an additional mandatory 40 hours of community
service in a program benefiting children, an additional mandatory fine of
$3,000, and a mandatory minimum 120 days of imprisonment. The imprisonment or
assignment of community service under this subsection (c‑10) is not subject to
suspension, nor is the person eligible for a reduced sentence.
(c‑11) Any person convicted a fourth or fifth
time for violating
subsection (a) or a similar provision, if at the time of the fourth or
fifth violation the person was transporting a person under the age of 16,
and if the person's 3 prior violations of subsection (a) or a similar provision
occurred while transporting a person under the age of 16 or while the alcohol
concentration in his or her blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in Section 11‑501.2, is
guilty of a Class 2 felony, is not eligible for probation or conditional
discharge, and is subject to a minimum fine of $3,000.
(c‑12) Any person convicted of a first violation of subsection (a) or a
similar provision, if the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine
units in Section 11‑501.2, shall be subject, in addition to any other penalty
that may be imposed, to a mandatory minimum of 100 hours of community service
and a mandatory minimum fine of $500.
(c‑13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) the
alcohol concentration in his or her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in Section 11‑501.2,
shall be
subject, in addition to any other penalty that may be imposed, to a mandatory
minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
(c‑14) Any person convicted of a third violation of subsection (a) or a
similar provision within 20 years of a previous violation of subsection (a) or
a
similar provision, if at the time of the third violation of subsection (a) or a
similar provision the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine units
in Section 11‑501.2, is guilty of a Class 4 felony and shall be subject, in
addition to any other penalty that may be imposed, to a mandatory minimum of
90 days of imprisonment and a mandatory minimum fine of $2,500.
(c‑15) Any person convicted of a fourth or fifth
violation of
subsection
(a) or a similar provision, if at the time of the fourth or fifth
violation the alcohol concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or urine units in
Section 11‑501.2, and if the person's 3 prior violations of subsection (a) or a
similar provision occurred while transporting a person under the age of 16 or
while the alcohol concentration in his or her blood, breath, or urine was 0.16
or more based on the definition of blood, breath, or urine units in Section
11‑501.2, is guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge and is subject to a minimum fine of
$2,500.
(c‑16) Any person convicted of a sixth or subsequent violation of subsection (a) is guilty of a Class X felony.
(d) (1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(2) Except as provided in this paragraph (2), a | ||
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(e) After a finding of guilt and prior to any final sentencing, or an
order for supervision, for an offense based upon an arrest for a
violation of this Section or a similar provision of a local ordinance,
individuals shall be required to undergo a professional evaluation to
determine if an alcohol, drug, or intoxicating compound abuse problem exists
and the
extent of the problem, and undergo the imposition of treatment as appropriate.
Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of any professional
evaluation shall be paid for by the
individual
required to undergo the professional evaluation.
(e‑1) Any person who is found guilty of or pleads guilty to violating this
Section, including any person receiving a disposition of court supervision for
violating this Section, may be required by the Court to attend a victim
impact panel offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers Against Drunk
Driving,
or the Alliance Against Intoxicated Motorists.
All costs generated by
the victim impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section proximately
caused any incident resulting in an appropriate emergency response, shall
be liable for the expense of an emergency response as provided under
Section 5‑5‑3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges of any
person convicted under this Section or a similar provision of a local
ordinance.
(h) (Blank).
(i) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second
or subsequent offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system.
(j) In addition to any other penalties and liabilities, a person who is
found guilty of or pleads guilty to violating subsection (a), including any
person placed on court supervision for violating subsection (a), shall be fined
$500, payable to the
circuit clerk, who shall distribute the money as follows: 20% to the law enforcement agency
that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating
subsection (a) or a similar provision of a local
ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received
by a law
enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law
enforcement equipment and commodities that will assist in the prevention of alcohol related
criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Equipment and commodities shall include, but are not limited
to, in‑car video cameras, radar and laser speed detection devices, and alcohol
breath testers.
Any moneys received by the Department of State Police under this subsection
(j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the
purchase of law enforcement equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special
fund in the State treasury. All moneys received by the Secretary of State
Police under subsection (j) of this Section shall be deposited into the
Secretary of State Police DUI Fund and, subject to appropriation, shall be
used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(l) Whenever an individual is sentenced for an offense based upon an
arrest for a violation of subsection (a) or a similar provision of a local
ordinance, and the professional evaluation recommends remedial or
rehabilitative treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained in the
professional evaluation. Programs conducting alcohol or other drug evaluation
or remedial education must be licensed by the Department of Human Services. If
the individual is not a resident of Illinois, however, the court may accept an
alcohol or other drug evaluation or remedial education program in the
individual's state of residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment licensure standards.
(m) In addition to any other fine or penalty required by law, an individual
convicted of a violation of subsection (a), Section 5‑7 of the Snowmobile
Registration and Safety Act, Section 5‑16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or
watercraft while in
violation of subsection (a), Section 5‑7 of the Snowmobile Registration and
Safety Act, Section 5‑16 of the Boat Registration and Safety Act, or a similar
provision proximately caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public agency for the
costs of that emergency response. The restitution may not exceed $1,000 per
public agency for each emergency response. As used in this subsection (m),
"emergency response" means any incident requiring a response by a police
officer, a firefighter carried on the rolls of a regularly constituted fire
department, or an ambulance.
(Source: P.A. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584, eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff. 7‑30‑04; 94‑114, eff. 1‑1‑06; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑116 and 94‑963) Sec. 11‑501. Driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual
physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood | ||
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(b) The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, or
intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any charge of
violating this Section.
(b‑1) With regard to penalties imposed under this Section:
(1) Any reference to a prior violation of subsection | ||
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(2) Any penalty imposed for driving with a license | ||
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(b‑2) Except as otherwise provided in this Section, any person convicted of
violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b‑3) In addition to any other criminal or administrative sanction for any
second conviction of violating subsection (a) or a similar provision committed
within 5 years of a previous violation of subsection (a) or a similar
provision, the defendant shall be sentenced to a mandatory minimum of 5 days of
imprisonment or assigned a mandatory minimum of 240 hours of community service
as may be determined by the court.
(b‑4) In the case of a third violation committed within 5
years of a previous violation of subsection (a) or a similar provision, the defendant is guilty of a Class 2 felony, and in
addition to any other criminal or administrative sanction, a mandatory minimum
term of either 10 days of imprisonment or 480 hours of community service shall
be imposed.
(b‑5) The imprisonment or assignment of community service under subsections
(b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be
eligible for a reduced sentence.
(c) (Blank).
(c‑1) (1) A person who violates subsection (a) during a | ||
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(2) A person who violates subsection (a) a third time | ||
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(2.1) A person who violates subsection (a) a third | ||
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(2.2) A person who violates subsection (a), if the | ||
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(3) A person who violates subsection (a) a fourth | ||
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(4) A person who violates subsection (a) a fifth or | ||
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(c‑2) (Blank).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5) A person who violates subsection (a), if the person was transporting
a person under the age of 16 at the time of the violation, is subject to an
additional mandatory minimum fine of $1,000, an additional mandatory minimum
140 hours of community service, which shall include 40 hours of community
service in a program benefiting children, and an additional 2 days of
imprisonment. The imprisonment or assignment of community service under this
subsection (c‑5) is not subject to suspension, nor is the person eligible for
a reduced sentence.
(c‑6) Except as provided in subsections (c‑7) and (c‑8) a person who
violates
subsection (a) a second time, if at the time of
the second violation the person was transporting a person under the age of 16,
is subject to an additional 10 days of imprisonment, an additional mandatory
minimum fine of $1,000, and an additional mandatory minimum 140 hours of
community service, which shall include 40 hours of community service in a
program benefiting children.
The imprisonment or assignment of community service under this subsection (c‑6)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑7) Except as provided in subsection (c‑8), any person convicted of
violating subsection (c‑6) or a similar
provision within 10 years of a previous violation of subsection (a) or a
similar provision shall receive, in addition to any other penalty imposed, a
mandatory minimum 12 days imprisonment, an additional 40 hours of mandatory
community service in a program benefiting children, and a mandatory minimum
fine of $1,750. The imprisonment or assignment of community service under this
subsection (c‑7) is not subject to suspension, nor is the person
eligible for a reduced sentence.
(c‑8) Any person convicted of violating subsection (c‑6) or a similar
provision within 5 years of a previous violation of subsection (a) or a similar
provision shall receive, in addition to any other penalty imposed, an
additional 80 hours of mandatory community service in a program benefiting
children, an additional mandatory minimum 12 days of imprisonment, and a
mandatory minimum fine of $1,750. The imprisonment or assignment of community
service under this subsection (c‑8) is not subject to suspension, nor
is the
person eligible for a reduced sentence.
(c‑9) Any person convicted a third time for violating subsection (a) or a
similar provision, if at the time of the third violation the person was
transporting a person under the age of 16, is guilty of a Class 2 felony and shall
receive, in addition to any other
penalty imposed, an additional mandatory fine of $1,000, an additional
mandatory 140 hours of community service, which shall include 40 hours in a
program benefiting children, and a mandatory minimum 30 days of imprisonment.
The imprisonment or assignment of community service under this subsection (c‑9)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑10) Any person convicted of violating subsection (c‑9) or a similar
provision a third time within 20 years of a previous violation of subsection
(a) or a
similar provision is guilty of a Class 2 felony and shall receive, in addition
to any other penalty imposed, an additional mandatory 40 hours of community
service in a program benefiting children, an additional mandatory fine of
$3,000, and a mandatory minimum 120 days of imprisonment. The imprisonment or
assignment of community service under this subsection (c‑10) is not subject to
suspension, nor is the person eligible for a reduced sentence.
(c‑11) Any person convicted a fourth time for violating
subsection (a) or a similar provision, if at the time of the fourth violation the person was transporting a person under the age of 16,
and if the person's 3 prior violations of subsection (a) or a similar provision
occurred while transporting a person under the age of 16 or while the alcohol
concentration in his or her blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in Section 11‑501.2, is
guilty of a Class 2 felony, is not eligible for probation or conditional
discharge, and is subject to a minimum fine of $3,000.
(c‑12) Any person convicted of a first violation of subsection (a) or a
similar provision, if the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine
units in Section 11‑501.2, shall be subject, in addition to any other penalty
that may be imposed, to a mandatory minimum of 100 hours of community service
and a mandatory minimum fine of $500.
(c‑13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) the
alcohol concentration in his or her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in Section 11‑501.2,
shall be
subject, in addition to any other penalty that may be imposed, to a mandatory
minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
(c‑14) Any person convicted of a third violation of subsection (a) or a
similar provision within 20 years of a previous violation of subsection (a) or
a
similar provision, if at the time of the third violation of subsection (a) or a
similar provision the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine units
in Section 11‑501.2, is guilty of a Class 2 felony and shall be subject, in
addition to any other penalty that may be imposed, to a mandatory minimum of
90 days of imprisonment and a mandatory minimum fine of $2,500.
(c‑15) Any person convicted of a fourth
violation of
subsection
(a) or a similar provision, if at the time of the fourth
violation the alcohol concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or urine units in
Section 11‑501.2, and if the person's 3 prior violations of subsection (a) or a
similar provision occurred while transporting a person under the age of 16 or
while the alcohol concentration in his or her blood, breath, or urine was 0.16
or more based on the definition of blood, breath, or urine units in Section
11‑501.2, is guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge and is subject to a minimum fine of
$2,500.
(d) (1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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||
(C) the person in committing a violation of | ||
|
||
(D) the person committed a violation of | ||
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||
(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(2) Except as provided in this paragraph (2) and in | ||
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(e) After a finding of guilt and prior to any final sentencing, or an
order for supervision, for an offense based upon an arrest for a
violation of this Section or a similar provision of a local ordinance,
individuals shall be required to undergo a professional evaluation to
determine if an alcohol, drug, or intoxicating compound abuse problem exists
and the
extent of the problem, and undergo the imposition of treatment as appropriate.
Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of any professional
evaluation shall be paid for by the
individual
required to undergo the professional evaluation.
(e‑1) Any person who is found guilty of or pleads guilty to violating this
Section, including any person receiving a disposition of court supervision for
violating this Section, may be required by the Court to attend a victim
impact panel offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers Against Drunk
Driving,
or the Alliance Against Intoxicated Motorists.
All costs generated by
the victim impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section proximately
caused any incident resulting in an appropriate emergency response, shall
be liable for the expense of an emergency response as provided under
Section 5‑5‑3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges of any
person convicted under this Section or a similar provision of a local
ordinance.
(h) (Blank).
(i) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second
or subsequent offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system.
(j) In addition to any other penalties and liabilities, a person who is
found guilty of or pleads guilty to violating subsection (a), including any
person placed on court supervision for violating subsection (a), shall be fined
$500, payable to the
circuit clerk, who shall distribute the money as follows: 20% to the law enforcement agency
that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating
subsection (a) or a similar provision of a local
ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received
by a law
enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law
enforcement equipment and commodities that will assist in the prevention of alcohol related
criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Equipment and commodities shall include, but are not limited
to, in‑car video cameras, radar and laser speed detection devices, and alcohol
breath testers.
Any moneys received by the Department of State Police under this subsection
(j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the
purchase of law enforcement equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special
fund in the State treasury. All moneys received by the Secretary of State
Police under subsection (j) of this Section shall be deposited into the
Secretary of State Police DUI Fund and, subject to appropriation, shall be
used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(l) Whenever an individual is sentenced for an offense based upon an
arrest for a violation of subsection (a) or a similar provision of a local
ordinance, and the professional evaluation recommends remedial or
rehabilitative treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained in the
professional evaluation. Programs conducting alcohol or other drug evaluation
or remedial education must be licensed by the Department of Human Services. If
the individual is not a resident of Illinois, however, the court may accept an
alcohol or other drug evaluation or remedial education program in the
individual's state of residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment licensure standards.
(m) In addition to any other fine or penalty required by law, an individual
convicted of a violation of subsection (a), Section 5‑7 of the Snowmobile
Registration and Safety Act, Section 5‑16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or
watercraft while in
violation of subsection (a), Section 5‑7 of the Snowmobile Registration and
Safety Act, Section 5‑16 of the Boat Registration and Safety Act, or a similar
provision proximately caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public agency for the
costs of that emergency response. The restitution may not exceed $1,000 per
public agency for each emergency response. As used in this subsection (m),
"emergency response" means any incident requiring a response by a police
officer, a firefighter carried on the rolls of a regularly constituted fire
department, or an ambulance.
(Source: P.A. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584, eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff. 7‑30‑04; 94‑116, eff. 1‑1‑06; 94‑963, eff. 6‑28‑06.)
(Text of Section from P.A. 94‑329 and 94‑963) Sec. 11‑501. Driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual
physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood | ||
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound | ||
|
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(4) under the influence of any other drug or | ||
|
||
(5) under the combined influence of alcohol, other | ||
|
||
(6) there is any amount of a drug, substance, or | ||
|
||
(b) The fact that any person charged with violating this Section is or
has been legally entitled to use alcohol, other drug or drugs, or
intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any charge of
violating this Section.
(b‑1) With regard to penalties imposed under this Section:
(1) Any reference to a prior violation of subsection | ||
|
||
(2) Any penalty imposed for driving with a license | ||
|
||
(b‑2) Except as otherwise provided in this Section, any person convicted of
violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b‑3) In addition to any other criminal or administrative sanction for any
second conviction of violating subsection (a) or a similar provision committed
within 5 years of a previous violation of subsection (a) or a similar
provision, the defendant shall be sentenced to a mandatory minimum of 5 days of
imprisonment or assigned a mandatory minimum of 240 hours of community service
as may be determined by the court.
(b‑4) In the case of a third or subsequent violation committed within 5
years of a previous violation of subsection (a) or a similar provision, in
addition to any other criminal or administrative sanction, a mandatory minimum
term of either 10 days of imprisonment or 480 hours of community service shall
be imposed.
(b‑5) The imprisonment or assignment of community service under subsections
(b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be
eligible for a reduced sentence.
(c) (Blank).
(c‑1) (1) A person who violates subsection (a) during a | ||
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(2) A person who violates subsection (a) a third | ||
|
||
(2.1) A person who violates subsection (a) a third | ||
|
||
(2.2) A person who violates subsection (a), if the | ||
|
||
(3) A person who violates subsection (a) a fourth or | ||
|
||
(c‑2) (Blank).
(c‑3) (Blank).
(c‑4) (Blank).
(c‑5) A person who violates subsection (a), if the person was transporting
a person under the age of 16 at the time of the violation, is subject to an
additional mandatory minimum fine of $1,000, an additional mandatory minimum
140 hours of community service, which shall include 40 hours of community
service in a program benefiting children, and an additional 2 days of
imprisonment. The imprisonment or assignment of community service under this
subsection (c‑5) is not subject to suspension, nor is the person eligible for
a reduced sentence.
(c‑6) Except as provided in subsections (c‑7) and (c‑8) a person who
violates
subsection (a) a second time, if at the time of
the second violation the person was transporting a person under the age of 16,
is subject to an additional 10 days of imprisonment, an additional mandatory
minimum fine of $1,000, and an additional mandatory minimum 140 hours of
community service, which shall include 40 hours of community service in a
program benefiting children.
The imprisonment or assignment of community service under this subsection (c‑6)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑7) Except as provided in subsection (c‑8), any person convicted of
violating subsection (c‑6) or a similar
provision within 10 years of a previous violation of subsection (a) or a
similar provision shall receive, in addition to any other penalty imposed, a
mandatory minimum 12 days imprisonment, an additional 40 hours of mandatory
community service in a program benefiting children, and a mandatory minimum
fine of $1,750. The imprisonment or assignment of community service under this
subsection (c‑7) is not subject to suspension, nor is the person
eligible for a reduced sentence.
(c‑8) Any person convicted of violating subsection (c‑6) or a similar
provision within 5 years of a previous violation of subsection (a) or a similar
provision shall receive, in addition to any other penalty imposed, an
additional 80 hours of mandatory community service in a program benefiting
children, an additional mandatory minimum 12 days of imprisonment, and a
mandatory minimum fine of $1,750. The imprisonment or assignment of community
service under this subsection (c‑8) is not subject to suspension, nor
is the
person eligible for a reduced sentence.
(c‑9) Any person convicted a third time for violating subsection (a) or a
similar provision, if at the time of the third violation the person was
transporting a person under the age of 16, is guilty of a Class 4 felony and shall
receive, in addition to any other
penalty imposed, an additional mandatory fine of $1,000, an additional
mandatory 140 hours of community service, which shall include 40 hours in a
program benefiting children, and a mandatory minimum 30 days of imprisonment.
The imprisonment or assignment of community service under this subsection (c‑9)
is not subject to suspension, nor is the person eligible for a reduced
sentence.
(c‑10) Any person convicted of violating subsection (c‑9) or a similar
provision a third time within 20 years of a previous violation of subsection
(a) or a
similar provision is guilty of a Class 4 felony and shall receive, in addition
to any other penalty imposed, an additional mandatory 40 hours of community
service in a program benefiting children, an additional mandatory fine of
$3,000, and a mandatory minimum 120 days of imprisonment. The imprisonment or
assignment of community service under this subsection (c‑10) is not subject to
suspension, nor is the person eligible for a reduced sentence.
(c‑11) Any person convicted a fourth or subsequent time for violating
subsection (a) or a similar provision, if at the time of the fourth or
subsequent violation the person was transporting a person under the age of 16,
and if the person's 3 prior violations of subsection (a) or a similar provision
occurred while transporting a person under the age of 16 or while the alcohol
concentration in his or her blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in Section 11‑501.2, is
guilty of a Class 2 felony, is not eligible for probation or conditional
discharge, and is subject to a minimum fine of $3,000.
(c‑12) Any person convicted of a first violation of subsection (a) or a
similar provision, if the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine
units in Section 11‑501.2, shall be subject, in addition to any other penalty
that may be imposed, to a mandatory minimum of 100 hours of community service
and a mandatory minimum fine of $500.
(c‑13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) the
alcohol concentration in his or her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in Section 11‑501.2,
shall be
subject, in addition to any other penalty that may be imposed, to a mandatory
minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
(c‑14) Any person convicted of a third violation of subsection (a) or a
similar provision within 20 years of a previous violation of subsection (a) or
a
similar provision, if at the time of the third violation of subsection (a) or a
similar provision the alcohol concentration in his or her blood, breath, or
urine was 0.16 or more based on the definition of blood, breath, or urine units
in Section 11‑501.2, is guilty of a Class 4 felony and shall be subject, in
addition to any other penalty that may be imposed, to a mandatory minimum of
90 days of imprisonment and a mandatory minimum fine of $2,500.
(c‑15) Any person convicted of a fourth or subsequent violation of
subsection
(a) or a similar provision, if at the time of the fourth or subsequent
violation the alcohol concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or urine units in
Section 11‑501.2, and if the person's 3 prior violations of subsection (a) or a
similar provision occurred while transporting a person under the age of 16 or
while the alcohol concentration in his or her blood, breath, or urine was 0.16
or more based on the definition of blood, breath, or urine units in Section
11‑501.2, is guilty of a Class 2 felony and is not eligible for a sentence of
probation or conditional discharge and is subject to a minimum fine of
$2,500.
(d) (1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(G) the person committed the violation while he | ||
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(H) the person committed the violation while he | ||
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(2) Except as provided in this paragraph (2) and in | ||
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(e) After a finding of guilt and prior to any final sentencing, or an
order for supervision, for an offense based upon an arrest for a
violation of this Section or a similar provision of a local ordinance,
individuals shall be required to undergo a professional evaluation to
determine if an alcohol, drug, or intoxicating compound abuse problem exists
and the
extent of the problem, and undergo the imposition of treatment as appropriate.
Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of any professional
evaluation shall be paid for by the
individual
required to undergo the professional evaluation.
(e‑1) Any person who is found guilty of or pleads guilty to violating this
Section, including any person receiving a disposition of court supervision for
violating this Section, may be required by the Court to attend a victim
impact panel offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers Against Drunk
Driving,
or the Alliance Against Intoxicated Motorists.
All costs generated by
the victim impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section proximately
caused any incident resulting in an appropriate emergency response, shall
be liable for the expense of an emergency response as provided under
Section 5‑5‑3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges of any
person convicted under this Section or a similar provision of a local
ordinance.
(h) (Blank).
(i) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second
or subsequent offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system.
(j) In addition to any other penalties and liabilities, a person who is
found guilty of or pleads guilty to violating subsection (a), including any
person placed on court supervision for violating subsection (a), shall be fined
$500, payable to the
circuit clerk, who shall distribute the money as follows: 20% to the law enforcement agency
that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating
subsection (a) or a similar provision of a local
ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received
by a law
enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law
enforcement equipment and commodities that will assist in the prevention of alcohol related
criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. Equipment and commodities shall include, but are not limited
to, in‑car video cameras, radar and laser speed detection devices, and alcohol
breath testers.
Any moneys received by the Department of State Police under this subsection
(j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the
purchase of law enforcement equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special
fund in the State treasury. All moneys received by the Secretary of State
Police under subsection (j) of this Section shall be deposited into the
Secretary of State Police DUI Fund and, subject to appropriation, shall be
used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(l) Whenever an individual is sentenced for an offense based upon an
arrest for a violation of subsection (a) or a similar provision of a local
ordinance, and the professional evaluation recommends remedial or
rehabilitative treatment or education, neither the treatment nor the education
shall be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained in the
professional evaluation. Programs conducting alcohol or other drug evaluation
or remedial education must be licensed by the Department of Human Services. If
the individual is not a resident of Illinois, however, the court may accept an
alcohol or other drug evaluation or remedial education program in the
individual's state of residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment licensure standards.
(m) In addition to any other fine or penalty required by law, an individual
convicted of a violation of subsection (a), Section 5‑7 of the Snowmobile
Registration and Safety Act, Section 5‑16 of the Boat Registration and Safety
Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or
watercraft while in
violation of subsection (a), Section 5‑7 of the Snowmobile Registration and
Safety Act, Section 5‑16 of the Boat Registration and Safety Act, or a similar
provision proximately caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public agency for the
costs of that emergency response. The restitution may not exceed $1,000 per
public agency for each emergency response. As used in this subsection (m),
"emergency response" means any incident requiring a response by a police
officer, a firefighter carried on the rolls of a regularly constituted fire
department, or an ambulance.
(Source: P.A. 93‑156, eff. 1‑1‑04; 93‑213, eff. 7‑18‑03; 93‑584, eff. 8‑22‑03; 93‑712, eff. 1‑1‑05; 93‑800, eff. 1‑1‑05; 93‑840, eff. 7‑30‑04; 94‑329, eff. 1‑1‑06; 94‑963, eff. 6‑28‑06.)
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(625 ILCS 5/11‑501.2) (from Ch. 95 1/2, par. 11‑501.2)
Sec. 11‑501.2.
Chemical and other tests.
(a) Upon the trial of any civil or criminal action or proceeding arising out
of an arrest for an offense as defined in Section 11‑501 or a similar local
ordinance or proceedings pursuant to Section 2‑118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood
or breath at the time alleged, as determined by analysis of the person's blood,
urine, breath or other bodily substance, shall be admissible. Where such test
is made the following provisions shall apply:
1. Chemical analyses of the person's blood, urine, | ||
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2. When a person in this State shall submit to a | ||
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When a blood test of a person who has been taken to | ||
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3. The person tested may have a physician, or a | ||
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4. Upon the request of the person who shall submit | ||
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5. Alcohol concentration shall mean either grams of | ||
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(b) Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of alcohol,
the concentration of alcohol in the person's blood or breath at the time
alleged as shown by analysis of the person's blood, urine, breath, or other
bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol | ||
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2. If there was at that time an alcohol | ||
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3. If there was at that time an alcohol | ||
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4. The foregoing provisions of this Section shall | ||
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(c) 1. If a person under arrest refuses to submit to a chemical test
under
the provisions of Section 11‑501.1, evidence of refusal shall be admissible
in any civil or criminal action or proceeding arising out of acts alleged
to have been committed while the person under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof was driving or in actual physical
control of a motor vehicle.
2. Notwithstanding any ability to refuse under this | ||
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This provision does not affect the applicability of or imposition of driver's
license sanctions under Section 11‑501.1 of this Code.
3. For purposes of this Section, a personal injury | ||
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(Source: P.A. 90‑43, eff. 7‑2‑97; 90‑779, eff. 1‑1‑99; 91‑828, eff. 1‑1‑01.)
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(625 ILCS 5/11‑501.4) (from Ch. 95 1/2, par. 11‑501.4)
Sec. 11‑501.4.
Admissibility of chemical tests of blood conducted in
the regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of
blood tests performed for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any
combination thereof, of an individual's blood conducted upon persons
receiving
medical treatment in a hospital emergency room are admissible in evidence as a
business record exception to the hearsay rule only in prosecutions for any
violation of Section 11‑501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought under the Criminal
Code of 1961, when each of the following criteria are met:
(1) the chemical tests performed upon an | ||
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(2) the chemical tests performed upon an | ||
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(3) results of chemical tests performed upon an | ||
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(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical tests
performed upon an individual's blood under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No person shall
be liable for civil damages as a result of the evidentiary use of chemical
testing of an individual's blood test results under this Section, or as a
result of that person's testimony made available under this Section.
(Source: P.A. 90‑779, eff. 1‑1‑99.)
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(625 ILCS 5/11‑501.4‑1)
Sec. 11‑501.4‑1.
Reporting of test results of blood or urine conducted in
the regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of blood or
urine
tests performed for the purpose of determining the content of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any combination
thereof, in an individual's blood or urine conducted upon persons
receiving medical treatment in a hospital emergency room for injuries resulting
from a motor vehicle accident shall be disclosed
to the Department
of State Police
or local law enforcement agencies of jurisdiction, upon request.
Such blood or urine tests are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of Section
11‑501 of this Code or a similar provision of a local ordinance, or in
prosecutions for reckless homicide brought under the Criminal Code of 1961.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment shall not be applicable with regard to tests performed upon
an
individual's blood or urine under the provisions of subsection (a) of this
Section. No person shall be liable for civil damages or professional discipline
as a result of the disclosure or reporting of the tests or the evidentiary
use of an
individual's blood or urine test results under this Section or Section 11‑501.4
or as a result of that person's testimony made available under this Section or
Section 11‑501.4, except for willful or wanton misconduct.
(Source: P.A. 90‑779, eff. 1‑1‑99; 91‑125, eff. 1‑1‑00.)
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(625 ILCS 5/11‑501.5) (from Ch. 95 1/2, par. 11‑501.5)
Sec. 11‑501.5.
Preliminary Breath Screening Test.
(a) If a law enforcement officer has reasonable suspicion to believe
that a person is
violating or has violated Section 11‑501 or a similar provision of a local
ordinance, the officer, prior to an arrest, may request the person to
provide a sample of his or her breath for a preliminary breath screening
test using a portable device approved by the Department of State Police.
The person may refuse the test.
The results of this preliminary breath screening test may be used by the
law enforcement officer for the purpose of assisting with the determination
of whether to require a chemical test as authorized under Sections 11‑501.1
and 11‑501.2, and the appropriate type of test to request. Any chemical
test authorized under Sections 11‑501.1 and 11‑501.2 may be requested by
the officer regardless of the result of the preliminary breath screening
test, if probable cause for an arrest exists. The result of a preliminary
breath screening test may be used by the defendant as evidence in any
administrative or court proceeding involving a violation of Section 11‑501 or
11‑501.1.
(b) The Department of State Police shall create a pilot program to
establish
the effectiveness of pupillometer technology (the measurement of the pupil's
reaction to light) as a noninvasive technique to detect and measure possible
impairment of any person who drives or is in actual physical control of a motor
vehicle resulting from the suspected usage of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof. This technology
shall also be used to detect fatigue levels of the operator of a Commercial
Motor Vehicle as defined in Section 6‑500(6), pursuant to Section 18b‑105
(Part 395‑Hours of Service of Drivers) of the Illinois Vehicle Code.
A State Police officer may request that the operator of a commercial motor
vehicle have his or her eyes examined or tested with a pupillometer device.
The person may refuse the examination or test. The State Police officer shall
have the device readily available to limit undue delays.
If a State Police officer has reasonable suspicion to believe that a
person is violating or has violated Section 11‑501, the officer may use the
pupillometer technology, when available. The officer, prior to an arrest, may
request the person to have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination or test. The
results of this examination or test may be used by
the officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Sections 11‑501.1 and 11‑501.2 and
the appropriate type of test to request. Any chemical test authorized under
Sections 11‑501.1 and 11‑501.2 may be requested by the officer regardless of
the result of the pupillometer examination or test, if probable cause for an
arrest exists. The result of the examination or test may be used by the
defendant as evidence in any administrative or court proceeding involving a
violation of 11‑501 or 11‑501.1.
The pilot program shall last for a period of 18 months and involve the
testing of 15 pupillometer devices. Within 90 days of the completion of the
pilot project, the Department of State Police shall file a report with the
President of the Senate and Speaker of the House evaluating the project.
(Source: P.A. 91‑828, eff. 1‑1‑01; 91‑881, eff. 6‑30‑00; 92‑16, eff.
6‑28‑01.)
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(625 ILCS 5/11‑501.6) (from Ch. 95 1/2, par. 11‑501.6)
Sec. 11‑501.6.
Driver involvement in personal injury or fatal motor
vehicle accident ‑ chemical test.
(a) Any person who drives or is in actual control of a motor vehicle
upon the public highways of this State and who has been involved in a
personal injury or fatal motor vehicle accident, shall be deemed to have
given consent to a breath test using a portable device as approved by the
Department of State Police or to a chemical test or tests
of blood, breath, or
urine for the purpose of determining the content of alcohol,
other
drug or drugs, or intoxicating compound or compounds of such
person's blood if arrested as evidenced by the issuance of a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a similar provision of
a local ordinance, with the exception of equipment violations contained in
Chapter 12 of this Code, or similar provisions of local ordinances. The test
or tests shall be administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine test may be administered even
after a blood or breath test or both has been administered. Compliance with
this Section does not relieve such person from the requirements of Section
11‑501.1 of this Code.
(b) Any person who is dead, unconscious or who is otherwise in a
condition rendering such person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section. In
addition, if a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle accident, any physician licensed to practice
medicine, registered nurse or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well‑being of the patient.
(c) A person requested to submit to a test as provided above shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis, as covered by the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act as detected in such person's blood or urine, may
result in the suspension of such person's privilege to operate a motor vehicle.
The length of the suspension shall be the same as outlined in Section
6‑208.1 of this Code regarding statutory summary suspensions.
(d) If the person refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in such person's blood or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, or an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested pursuant to subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood or urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance
listed in
the Illinois Controlled Substances Act, or an intoxicating compound listed in
the Use of Intoxicating Compounds Act.
Upon receipt of the sworn report of a law enforcement officer, the
Secretary shall enter the suspension to the individual's driving record and the
suspension shall be effective on the 46th day following the date notice of the
suspension was given to the person.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and such suspension shall be effective
on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of 0.08 or more,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis as listed in the Cannabis Control Act, a
controlled
substance listed in the Illinois Controlled Substances Act, or an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, is established by a
subsequent analysis of blood or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to such person at his address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day following the date
notice was given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
shall also give notice of the suspension to the driver by mailing a notice of
the effective date of the suspension to the individual. However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension shall not be mailed to the
person or entered to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension of his driving privileges by
requesting an administrative hearing with the Secretary in accordance with
Section 2‑118 of this Code. At the conclusion of a hearing held under
Section 2‑118 of this Code, the Secretary may rescind, continue, or modify the
order of suspension. If the Secretary does not rescind the order, a restricted
driving permit may be granted by the Secretary upon application being made and
good cause shown. A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6‑206 of this Code. The provisions of Section 6‑206 of
this Code shall apply.
(f) (Blank).
(g) For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic accident report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 90‑43, eff. 7‑2‑97; 90‑779, eff. 1‑1‑99; 91‑357, eff.
7‑29‑99; 91‑828, eff. 1‑1‑01.)
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(625 ILCS 5/11‑501.7) (from Ch. 95 1/2, par. 11‑501.7)
Sec. 11‑501.7.
(a) As a condition of probation or discharge of a
person convicted of a violation of Section 11‑501 of this Code, who was
less than 21 years of age at the time of the offense, or a person
adjudicated delinquent pursuant to the Juvenile Court Act, for violation of
Section 11‑501 of this Code, the Court may order the offender to
participate in the Youthful Intoxicated Drivers' Visitation Program.
The Program shall consist of a supervised visitation as provided
by this Section by the person to at least one of the following, to the
extent that personnel and facilities are available:
(1) A State or private rehabilitation facility that | ||
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(2) A facility which cares for advanced alcoholics | ||
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(3) If approved by the coroner of the county where | ||
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(b) The Program shall be operated by the appropriate probation
authorities of the courts of the various circuits. The youthful offender
ordered to participate in the Program shall bear all costs associated with
participation in the Program. A parent or guardian of the offender may
assume the obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the costs of
participation in the Program upon a finding of indigency.
(c) As used in this Section, "appropriate victims" means victims whose
condition is determined by the visit supervisor to demonstrate the results of
motor vehicle accidents involving persons under the influence of alcohol
without being excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation of victims or
disabled persons, a comprehensive counseling session with the visitation
supervisor at which the supervisor shall explain and discuss the
experiences which may be encountered during the visitation in order to
ascertain whether the visitation is appropriate.
(Source: P.A. 86‑1242.)
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(ii) When a person submits to a blood test at the | ||
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(iii) The person tested may have a physician, | ||
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(iv) Upon a request of the person who submits to a | ||
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(v) Alcohol concentration means either grams of | ||
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(vi) If a driver is receiving medical treatment as a | ||
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(c) A person requested to submit to a test as provided above shall be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or submission to the test resulting in an alcohol concentration of
more than 0.00, may result in the loss of that person's privilege to operate a
motor vehicle. The loss of driving privileges shall be imposed in accordance
with Section 6‑208.2 of this Code.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol concentration of
more than 0.00. The law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under Section
11‑501.1 of this Code and the testing discloses an alcohol concentration of
more than 0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the driver's license sanction on the individual's driving
record and the sanctions shall be effective on the 46th day following the date
notice of the sanction was given to the person. If this sanction is the
individual's first driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall, except during the
time the suspension is in effect, be privileged information and for use only by
the courts, police officers, prosecuting authorities, the Secretary of State,
or the individual personally.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this driver's license sanction on the person and the sanction shall
be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit
in the United States mail of that notice in an envelope with postage prepaid
and addressed to that person at his last known address and the loss of driving
privileges shall be effective on the 46th day following the date notice was
given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the driver's license sanction to the driver
by mailing a notice of the effective date of the sanction to the individual.
However, should the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the driver's license
sanction may not be mailed to the person or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this driver's license sanction by requesting an
administrative hearing with the Secretary of State in accordance with Section
2‑118 of this Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she consumed
alcohol in the performance of a religious service or ceremony. An individual
whose blood alcohol concentration is shown to be more than 0.00 shall not be
subject to this Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing shall not stay
or delay the effective date of the impending suspension. The scope of this
hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to | ||
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(2) whether the person was issued a Uniform Traffic | ||
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(3) whether the police officer had probable cause to | ||
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(4) whether the person, after being advised by the | ||
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(5) whether the person, after being advised by the | ||
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(6) whether the test result of an alcohol | ||
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(7) whether the test result of an alcohol | ||
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Provided that the petitioner may subpoena the officer, the hearing may be
conducted upon a review of the law enforcement officer's own official reports.
Failure of the officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under Section 2‑118 of
this Code, the Secretary of State may rescind, continue, or modify the driver's
license sanction. If the Secretary of State does not rescind the sanction, a
restricted driving permit may be granted by the Secretary of State upon
application being made and good cause shown. A restricted driving permit may be
granted to relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of part (c) of
Section 6‑206 of this Code. The provisions of item (3) of part (c) of Section
6‑206 of this Code and of subsection (f) of that Section shall apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and awareness program or
activity, a drug education and awareness program or activity, or both as a
condition to the issuance of a restricted driving permit for suspensions
imposed under this Section.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results of the testing may be considered at a
hearing held under Section 2‑118 of this Code. However, the results of
the testing may not be used to impose driver's license sanctions under
Section 11‑501.1 of this Code. A law enforcement officer may, however, pursue
a statutory summary suspension of driving privileges under Section 11‑501.1 of
this Code if other physical evidence or first hand knowledge forms the basis
of that suspension.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic Ticket for a
violation of the Illinois Vehicle Code or a similar provision of a local
ordinance, and a chemical test request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, or
denying any license, permit, registration, or certificate of title shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every action
for the judicial review of final acts or decisions of the Secretary of State
under this Section.
(Source: P.A. 94‑307, eff. 9‑30‑05.)
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(625 ILCS 5/11‑502) (from Ch. 95 1/2, par. 11‑502)
Sec. 11‑502.
Transportation or possession of alcoholic liquor in
a motor vehicle.
(a) Except as provided in paragraph (c), no driver may
transport, carry, possess or have any alcoholic
liquor within the passenger area of any motor vehicle upon a highway in
this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c), no passenger may carry, possess
or have any alcoholic liquor within any passenger area of any motor vehicle
upon a highway in this State except in the original container and with the
seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when
it is being used for purposes for which a limousine is ordinarily used,
the passengers on a chartered bus when it is being used for purposes for
which chartered buses are ordinarily used or on a motor home or mini motor
home as defined in Section 1‑145.01 of this Code. However, the driver of
any such vehicle is prohibited from consuming or having any alcoholic
liquor in or about the driver's area. Any evidence of alcoholic consumption
by the driver shall be prima facie evidence of such driver's failure to
obey this Section. For the purposes of this Section, a limousine is a motor
vehicle of the first division with the passenger compartment enclosed by a
partition or dividing window used in the for‑hire transportation of
passengers and operated by an individual in possession of a valid Illinois
driver's license of the appropriate classification pursuant to Section 6‑104
of this Code.
(d) The exemption applicable to chartered buses under paragraph (c)
does not apply to any chartered bus being used for school purposes.
(e) Any driver who is convicted of violating subsection (a) of this
Section for a second or subsequent time within one year of a similar
conviction shall be subject to suspension of driving privileges as
provided, in paragraph 23 of subsection (a) of Section 6‑206 of this Code.
(f) Any driver, who is less than 21 years of age at the date of the
offense and who is convicted of violating subsection (a) of this Section or a
similar provision of a local ordinance, shall be subject to the loss of driving
privileges as provided in paragraph 13 of subsection (a) of Section 6‑205 of
this Code and paragraph 33 of subsection (a) of Section 6‑206 of this Code.
(Source: P.A. 88‑209.)
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(625 ILCS 5/11‑503) (from Ch. 95 1/2, par. 11‑503)
Sec. 11‑503. Reckless driving; aggravated reckless driving.
(a) A
person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton | ||
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(2) knowingly drives a vehicle and uses an incline in | ||
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(b) Every person convicted of reckless driving shall be guilty of a
Class A misdemeanor, except as provided under subsection (c) of this
Section.
(c) Every person convicted of committing a violation of subsection (a)
shall
be guilty of aggravated reckless driving if the violation results in great
bodily harm or permanent disability or disfigurement to another. Aggravated
reckless driving is a Class 4 felony.
(Source: P.A. 93‑682, eff. 1‑1‑05.)
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(625 ILCS 5/11‑504) (from Ch. 95 1/2, par. 11‑504)
Sec. 11‑504.
Drag racing.
Any person who, as an operator of a motor vehicle,
is convicted of being a participant in drag racing shall be guilty of a Class C
misdemeanor, and the driver's license of such person shall be revoked in
the manner provided by Section 6‑205.
"Drag racing" means the act of 2 or more individuals competing or
racing on any street or highway in this State in a situation in which
one of the motor vehicles is beside or to the rear of a motor vehicle
operated by a competing driver and the one driver attempts to prevent
the competing driver from passing or overtaking, either by
acceleration or maneuver, or one or more individuals competing in a race
against time on any street or highway in this State.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑505) (from Ch. 95 1/2, par. 11‑505)
Sec. 11‑505.
No person shall operate any motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other
such noise from the vehicle's tires due to rapid acceleration or excessive
speed around corners or other such reason.
This Section shall not apply to the following conditions:
(a) an authorized emergency vehicle, when responding to an emergency
call or when in the pursuit of an actual or suspected violator; nor
(b) the emergency operation of a motor vehicle when avoiding imminent
danger; nor
(c) any raceway, racing facility or other public event, not part of a
highway, sanctioned by the appropriate governmental authority.
(Source: P.A. 86‑664.)
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(625 ILCS 5/11‑601) (from Ch. 95 1/2, par. 11‑601)
Sec. 11‑601.
General speed restrictions.
(a) No vehicle may be driven upon any highway of this State at a speed
which is greater than is reasonable and proper with regard to traffic
conditions and the use of the highway, or endangers the safety of any
person or property. The fact that the speed of a vehicle does not exceed
the applicable maximum speed limit does not relieve the driver from the
duty to decrease speed when approaching and crossing an intersection,
approaching and going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, or when special hazard exists
with respect to pedestrians or other traffic or by reason of weather or
highway conditions. Speed must be decreased as may be necessary to avoid
colliding with any person or vehicle on or entering the highway in
compliance with legal requirements and the duty of all persons to use due
care.
(b) No person may drive a vehicle upon any highway of this State at a
speed which is greater than the applicable statutory maximum speed limit
established by paragraphs (c), (d), (e), (f) or (g) of this Section, by
Section 11‑605 or by a regulation or ordinance made under this Chapter.
(c) Unless some other speed restriction is established under this
Chapter, the maximum speed limit in an urban district for all vehicles is:
1. 30 miles per hour; and
2. 15 miles per hour in an alley.
(d) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for any vehicle of the
first division or a second division vehicle
designed or used for
the carrying of a gross weight of 8,000 pounds or less
(including the
weight of the vehicle and maximum load) is (1) 65 miles per hour (i) for
all highways under the jurisdiction of the Illinois State Toll
Highway Authority and (ii) for all or part of highways that are designated by
the Department, have at least 4 lanes of traffic, and have a separation between
the roadways moving in opposite directions and (2) 55 miles per hour for all
other highways, roads, and streets.
(e) Unless some lesser speed restriction is established under
this
Chapter, the maximum speed limit outside an urban district for a second
division vehicle designed or used for the carrying of a gross weight of
8,001 pounds or more (including the weight of the vehicle and
maximum load) is
55 miles per hour.
(f) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for a bus is:
1. 65 miles per hour upon any highway which has at | ||
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2. 60 miles per hour on any other highway, except | ||
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(g) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for a house car, camper,
private living coach, vehicles licensed as recreational vehicles, and any
vehicle towing any other vehicle is 55 miles per hour or the posted speed
limit, whichever is less.
(Source: P.A. 89‑444, eff. 1‑25‑96; 89‑551, eff. 1‑1‑97.)
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(625 ILCS 5/11‑601.5)
Sec. 11‑601.5.
Driving 40 miles per hour or more in excess of
applicable limit. A person who drives a vehicle upon any highway of
this State at a speed that is 40 miles per hour or more in excess of
the applicable maximum speed limit established under this Chapter or a
local ordinance commits a Class A misdemeanor.
(Source: P.A. 91‑469, eff. 1‑1‑00.)
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(625 ILCS 5/11‑602) (from Ch. 95 1/2, par. 11‑602)
Sec. 11‑602. Alteration of limits by Department. Whenever the Department
determines,
upon the basis of an engineering and traffic investigation concerning any
highway for which the Department has maintenance responsibility, that a
maximum speed limit prescribed in Section 11‑601 of this Chapter is greater
or less than is reasonable or safe with respect to the conditions found
to exist at any intersection or other place on such highway or along any
part or zone thereof, the Department shall determine and declare a reasonable
and safe absolute maximum speed limit applicable to such intersection or
place, or along such part or zone. However, such limit shall not exceed
65 miles per hour, or 55 miles per hour for a second division vehicle designed
or used for the carrying of a gross weight of
8,001
pounds or more (including the weight of the vehicle and maximum load), on a
highway or street which is especially
designed for
through traffic and to, from, or over which owners of or persons having
an interest in abutting property or other persons have no right or easement,
or only a limited right or easement, of access, crossing, light, air, or
view, and shall not exceed 55 miles per hour on any other highway. Where
a highway under the Department's jurisdiction
is contiguous to school property, the Department may, at the school district's
request, set a
reduced maximum speed limit for student safety purposes in the portion of the
highway that faces the school property and in the portions of the highway that
extend
one‑quarter mile in each direction from the opposite ends of the school
property. A limit determined and
declared as provided in this Section becomes effective, and suspends the
applicability of the limit
prescribed
in Section 11‑601 of this Chapter, when appropriate signs giving notice
of the limit are erected at such intersection or other
place, or along such part or zone of the highway. Electronic
speed‑detecting devices shall not be used within 500 feet beyond any such
sign in the direction of travel; if so used in violation hereof, evidence
obtained thereby shall be inadmissible in any prosecution for speeding.
However, nothing in this Section prohibits the use of such electronic
speed‑detecting devices within 500 feet of a sign within a special
school speed zone indicating such zone, conforming to the requirements of
Section 11‑605 of this Act, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit in such
special school speed zone.
(Source: P.A. 93‑624, eff. 12‑19‑03.)
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(625 ILCS 5/11‑603) (from Ch. 95 1/2, par. 11‑603)
Sec. 11‑603.
Alteration of limits by Toll Highway Authority.
Whenever the Illinois State Toll Highway Authority
determines, upon the basis of an
engineering and traffic investigation concerning a toll highway under its
jurisdiction, that a maximum speed limit prescribed in Section 11‑601 of
this Chapter is greater or less than is reasonable or safe with respect to
conditions found to exist at any place or along any part or zone of such
highway, the Authority shall determine and declare by regulation a
reasonable and safe absolute maximum speed limit at such place or along
such part or zone, not exceeding 65 miles per hour. A limit so determined
and declared becomes effective, and suspends the application of the limit
prescribed in Section 11‑601 of this Chapter, when (a) the Department
concurs in writing with the Authority's regulation, and (b) appropriate
signs giving notice of the limit are erected at such place or along such
part or zone of the highway. Electronic speed‑detecting devices shall not
be used within 500 feet beyond any such sign in the direction of travel; if
so used in violation hereof, evidence obtained thereby shall be
inadmissible in any prosecution for speeding.
(Source: P.A. 89‑444, eff. 1‑25‑96.)
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(625 ILCS 5/11‑604) (from Ch. 95 1/2, par. 11‑604)
Sec. 11‑604.
Alteration of limits by local authorities.
Subject to
the limitations set forth in this Section, the county board of a county
may establish absolute maximum speed limits on all county highways,
township roads and district roads as defined in the Illinois Highway
Code, except those under the jurisdiction
of the Department or of the Illinois State Toll Highway Authority, as
described in Sections 11‑602 and 11‑603 of this Chapter; and any park
district, city, village, or incorporated town may establish absolute
maximum speed limits on all streets which are within its corporate
limits and which are not under the jurisdiction of the Department or of
such Authority, and for which the county or a highway commissioner of
such county does not have maintenance responsibility.
Whenever any such park district, city, village, or
incorporated town determines, upon
the basis of an engineering or traffic investigation concerning a
highway or street on which it is authorized by this Section to establish
speed limits, that a maximum speed limit prescribed in Section 11‑601 of
this Chapter is greater or less than is reasonable or safe with respect
to the conditions found to exist at any place or along any part or zone
of such highway or street, the local authority or park district shall
determine and declare by ordinance a reasonable and safe absolute
maximum speed limit at such place or along such part or zone,
which:
(1) Decreases the limit within an urban district, | ||
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(2) Increases the limit within an urban district, | ||
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(3) Decreases the limit outside of an urban | ||
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(4) Decreases the limit within a residence district, | ||
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The park district, city, village, or incorporated
town may make such limit applicable
at all times or only during certain specified times. Not more than 6
such alterations shall be made per mile along a highway or street; and
the difference in limit between adjacent altered speed zones shall not
be more than 10 miles per hour.
A limit so determined and declared by a park district, city, village,
or incorporated town becomes effective, and suspends the application of
the limit prescribed in Section 11‑601 of this Chapter, when appropriate
signs giving notice of the limit are erected at the proper place or
along the proper part or zone of the highway or street. Electronic
speed‑detecting devices shall not be used within 500 feet beyond any
such sign in the direction of travel; if so used in violation of this
Section evidence obtained thereby shall be inadmissible in any
prosecution for speeding. However, nothing in this Section prohibits
the use of such electronic speed‑detecting devices within 500 feet of a
sign within a special school speed zone indicating such zone, conforming
to the requirements of Section 11‑605 of this Act, nor shall evidence
obtained thereby be inadmissible in any prosecution for speeding
provided the use of such device shall apply only to the enforcement of
the speed limit in such special school speed zone. A county engineer or
superintendent of highways may submit to the Department for approval, a
county policy for establishing altered speed zones on township and county
highways based upon engineering and traffic investigations.
Whenever the county board of a county determines that a maximum speed limit
is greater or less than is
reasonable or safe with respect to the conditions found to exist at any place
or along any part or zone of the highway or road, the county board shall
determine and declare by ordinance a reasonable and safe absolute maximum speed
limit at that place or along that part or zone. However, the maximum speed
limit shall not exceed 55 miles per hour.
The limit becomes effective, and suspends the application of the
limit
prescribed in Section 11‑601 of this Chapter, when appropriate signs
giving notice of the limit are erected at the proper place or along the
proper part of the zone of the highway. Electronic speed‑detecting
devices shall not be used within 500 feet beyond any such sign in the
direction of travel; if so used in violation of this Section, evidence
obtained thereby shall be inadmissible in any prosecution for speeding.
However, nothing in this Section prohibits the use of such electronic
speed‑detecting devices within 500 feet of a sign within a special
school speed zone indicating such zone, conforming to the requirements
of Section 11‑605 of this Act, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit in such
special school speed zone.
(Source: P.A. 89‑444, eff. 1‑25‑96.)
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(3) A public, private, or religious nursery school.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles
per hour while passing a school zone or while traveling on a roadway on public
school property or upon any public
thoroughfare where children pass going
to and from school.
For the purpose of this Section a school day shall begin at seven ante
meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate signs are posted
upon streets and highways under their respective jurisdiction and
maintained by the Department, township, county, park district, city,
village or incorporated town wherein the school zone is located. With regard
to the special speed limit while passing schools, such signs
shall give proper due warning that a school zone is being approached and
shall indicate the school zone and the maximum speed limit in effect during
school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall
prohibit the use of electronic speed‑detecting devices within 500 feet of
signs within a special school speed zone indicating such zone, as defined
in this Section, nor shall evidence obtained thereby be inadmissible in any
prosecution for speeding provided the use of such device shall apply only
to the enforcement of the speed limit in such special school speed zone.
(d) (Blank).
(e) A first violation of this Section is a petty
offense with a minimum fine
of $150. A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
(f) When a fine for a violation of subsection (a) is $150 or greater,
the person who violates subsection (a) shall be charged an additional
$50 to be paid to the unit school
district where the
violation
occurred for school safety purposes. If the violation occurred in a dual
school district,
$25 of the surcharge shall be paid to the elementary school district for school
safety
purposes and $25 of the surcharge shall be paid to the high school district for
school
safety purposes. Notwithstanding any other provision of law, the entire $50
surcharge
shall be paid to the appropriate school district or districts.
For purposes of this subsection (f), "school safety purposes" includes the
costs
associated with school zone safety education and
the purchase, installation, and maintenance of caution lights
which are
mounted on school speed zone signs.
(g) (Blank).
(h) (Blank).
(Source: P.A. 92‑242, eff. 1‑1‑02; 92‑619, eff. 1‑1‑03; 92‑780, eff. 8‑6‑02; 93‑955, eff. 8‑19‑04.)
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(e‑5) The Department of State Police and the local county | ||
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(f) The Transportation Safety Highway Hire‑back Fund, which was created by Public Act 92‑619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire‑back Fund to hire off‑duty Department of State Police officers to monitor construction or maintenance zones. (f‑5) Each county shall create a Transportation Safety Highway Hire‑back Fund. The county shall use all moneys in its Transportation Safety Highway Hire‑back Fund to hire off‑duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways.
(g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.
(Source: P.A. 93‑955, eff. 8‑19‑04; 94‑814, eff. 1‑1‑07.) |
(625 ILCS 5/11‑605.2)
Sec. 11‑605.2. Delegation of authority to set a special speed limit while traveling
through highway
construction or maintenance zones. (a) A local agency may delegate to its superintendent of highways the authority to set and post a reduced speed limit for a construction or maintenance zone, as defined in Section 11‑605, under subsection (b) of that Section. (b) If a superintendent of highways sets a reduced speed limit for a construction or maintenance zone in accordance with this Section, the local agency must maintain a record that indicates: (1) the location of the construction or maintenance | ||
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(2) the reduced speed limit set and posted for the | ||
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(3) the dates during which the reduced speed limit | ||
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(Source: P.A. 93‑947, eff. 8‑19‑04.) |
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(B) any park district organized under the Chicago | ||
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(C) any municipality, county, forest district, | ||
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(2) "Park zone" means the recreation facilities and | ||
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(3) "Park zone street" means that portion of any | ||
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(4) "Safety purposes" means the costs associated | ||
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(b) On any day when children are present and within 50 feet of motorized traffic, a person may not drive a motor vehicle at a speed in excess of 20 miles per hour or any lower posted speed while traveling on a park zone street that has been designated for the posted reduced speed.
(c) On any day when children are present and within 50 feet of motorized traffic, any driver traveling on a park zone street who fails to come to a complete stop at a stop sign or red light, including a driver who fails to come to a complete stop at a red light before turning right onto a park zone street, is in violation of this Section.
(d) This Section does not apply unless appropriate signs are posted upon park zone streets maintained by the Department or by the unit of local government in which the park zone is located. With regard to the special speed limit on park zone streets, the signs must give proper due warning that a park zone is being approached and must indicate the maximum speed limit on the park zone street.
(e) A first violation of this Section is a petty offense with a minimum fine of $250. A second or subsequent violation of this Section is a petty offense with a minimum fine of $500.
(f) When a fine for a violation of this Section is imposed, the person who violates this Section shall be charged an additional $50, to be paid to the park district for safety purposes.
(g) The Department shall, within 6 months of the effective date of this amendatory Act of the 94th General Assembly, design a set of standardized traffic signs for park zones and park zone streets, including but not limited to: "park zone", "park zone speed limit", and "warning: approaching a park zone". The design of these signs shall be made available to all units of local government or manufacturers at no charge, except for reproduction and postage.
(Source: P.A. 94‑808, eff. 5‑26‑06.) |
(625 ILCS 5/11‑606) (from Ch. 95 1/2, par. 11‑606)
Sec. 11‑606.
Minimum speed regulation.
(a) No person shall drive a motor vehicle at such a slow speed as to impede
or block the normal and reasonable movement of traffic except when reduced
speed is necessary for safe operation of his vehicle or in compliance with law.
(b) Whenever the Department, The Illinois State Toll Highway Authority,
or a local authority described in Section 11‑604 of this Chapter determines,
upon the basis of an engineering and traffic investigation concerning a
highway or street under its jurisdiction that slow vehicle speeds along
any part or zone of such highway or street consistently impede the normal
and reasonable movement of traffic, the Department, the Toll Highway Authority,
or local authority (as appropriate) may determine and declare by proper
regulation or ordinance a minimum speed
limit below which no person shall drive except when necessary for safe operation
of his vehicle or in compliance with law. A limit so determined and declared
becomes effective when appropriate signs giving notice of the limit are
erected along such part or zone of the highway or street.
(Source: P.A. 81‑840.)
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(625 ILCS 5/11‑608) (from Ch. 95 1/2, par. 11‑608)
Sec. 11‑608.
Special speed limitation on elevated structures.
(a) No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed which is
greater than the maximum speed which can be maintained with safety to
such bridge or structure, when such structure is sign posted as provided
in this Section.
(b) The Department upon request from any local authority shall, or
upon its own initiative may, conduct an investigation of any bridge or
other elevated structure constituting a part of a highway, and if it
shall thereupon find that such structure cannot with safety to itself
withstand vehicles traveling at the speed otherwise permissible under
this Chapter, the Department shall determine and declare the maximum
speed of vehicles which such structure can safely withstand, and shall
cause or permit suitable signs stating such maximum speed to be erected
and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum speed by the
Department and the existence of such signs is conclusive evidence of the
maximum speed which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑610) (from Ch. 95 1/2, par. 11‑610)
Sec. 11‑610.
Charging Violations and Rule in Civil Actions.
(a) In every charge of violation of
any speed regulation in this article the complaint, and
also the summons or notice to appear, shall specify the
speed at which the defendant is alleged to have driven and
the maximum speed applicable within the district or at the location.
(b) The provision of this article
declaring maximum speed limitations
shall not be construed to relieve the plaintiff in any
action from the burden of proving negligence on the
part of the defendant as the proximate cause of an accident.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑611) (from Ch. 95 1/2, par. 11‑611)
Sec. 11‑611.
No person shall drive or operate any motor
vehicle on any street or highway in this State where the minimum
allowable speed on that street or highway, as posted, is greater
than the maximum attainable operating speed of the vehicle. Maximum
attainable operating speed shall be determined by the
manufacturer of the vehicle and clearly published in the manual of
specifications and operation, or it shall be determined by applicable rule
and regulation
promulgated by the Secretary of State.
(Source: P.A. 79‑700.)
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(625 ILCS 5/11‑701) (from Ch. 95 1/2, par. 11‑701)
Sec. 11‑701.
Drive on right side of roadway ‑ Exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle | ||
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2. When an obstruction exists making it necessary | ||
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3. Upon a roadway divided into 3 marked lanes for | ||
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4. Upon a roadway restricted to one way traffic;
5. Whenever there is a single track paved road on | ||
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(b) Upon a 2 lane roadway, providing for 2‑way
movement of traffic, a vehicle shall be driven in the right‑hand lane available
for traffic, or
as close as practicable to the right hand curb or edge of the roadway,
except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a
private road or driveway.
(c) Upon any roadway having 4 or more lanes for moving traffic and
providing for 2‑way movement of traffic, no vehicle shall be driven to the
left of the center line of the roadway, except when authorized by official
traffic‑control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use
such lanes, or except as permitted under Subsection (a) 2. However, this
Subsection shall not be construed as prohibiting the crossing of the center
line in making a left turn into or from an alley, private road or driveway.
(d) Upon an Interstate highway or fully access controlled freeway,
a vehicle may not be driven in the left lane, except when overtaking
and passing another vehicle.
(e) Subsection (d) of this Section does not apply:
(1) when no other vehicle is directly behind the | ||
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(2) when traffic conditions and congestion make it | ||
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(3) when snow and other inclement weather conditions | ||
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(4) when obstructions or hazards exist in the right | ||
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(5) when a vehicle changes lanes to comply with | ||
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(6) when, because of highway design, a vehicle must | ||
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(7) on toll highways when necessary to use I‑Pass, | ||
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(8) to law enforcement vehicles, ambulances, and | ||
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(Source: P.A. 93‑447, eff. 1‑1‑04.)
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(625 ILCS 5/11‑702) (from Ch. 95 1/2, par. 11‑702)
Sec. 11‑702.
Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite
directions shall pass
each other to the right, and upon roadways having width for
not more than one line of traffic in each direction each
driver shall give to the other at least one‑half of the
main‑traveled portion of the roadway as nearly
as possible.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)
Sec. 11‑703.
Overtaking a vehicle on the left.
The following rules govern the overtaking and passing of vehicles
proceeding in the same direction, subject to those limitations, exceptions,
and special rules otherwise stated in this Chapter:
(a) The driver of a vehicle overtaking another vehicle proceeding in the
same direction shall pass to the left thereof at a safe distance and shall
not again drive to the right side of the roadway until safely clear of the
overtaken vehicle. In no event shall such movement be made by driving off
the pavement or the main traveled portion of the roadway.
(b) Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle on audible signal and shall not increase the speed of
his vehicle until completely passed by the overtaking vehicle.
(c) The driver of a 2 wheeled vehicle may not, in passing upon the left
of any vehicle proceeding in the same direction, pass upon the right of any
vehicle proceeding in the same direction unless there is an unobstructed
lane of traffic available to permit such passing maneuver safely.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑704) (from Ch. 95 1/2, par. 11‑704)
Sec. 11‑704.
When overtaking on the right is permitted.
(a) The driver of a vehicle with 3 or more wheels may overtake and pass
upon the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a roadway with unobstructed pavement of sufficient width for
two or more lines of vehicles moving lawfully in the direction being
traveled by the overtaking vehicle.
3. Upon a one‑way street, or upon any roadway on which traffic is
restricted to one direction of movement, where the roadway is free from
obstructions and of sufficient width for 2 or more lines of moving
vehicles.
(b) The driver of a 2 wheeled vehicle may not pass upon the right of any
other vehicle proceeding in the same direction unless the unobstructed
pavement to the right of the vehicle being passed is of a width of not less
than 8 feet.
(c) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety. Such
movement shall not be made by driving off the roadway.
(Source: P.A. 84‑873.)
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(625 ILCS 5/11‑705) (from Ch. 95 1/2, par. 11‑705)
Sec. 11‑705.
Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway
in overtaking and passing another vehicle proceeding in the same direction
unless authorized by the provisions of this Chapter and unless such left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event the
overtaking vehicle must return to an authorized lane of travel as soon as
practicable and in the event the passing movement involves the use of a
lane authorized for vehicles approaching from the opposite direction,
before coming within 200 feet of any vehicle approaching from the opposite
direction.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑706) (from Ch. 95 1/2, par. 11‑706)
Sec. 11‑706.
Further limitations on driving to the left of center of roadway.
(a) No vehicle shall be driven
on the left side of the roadway under the following conditions:
1. When approaching or upon the crest of a grade or a curve in the
highway where the driver's view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction.
2. When approaching within 100 feet of or traversing any intersection or
railroad grade crossing.
3. When the view is obstructed upon approaching within
100 feet of any bridge, viaduct or tunnel.
(b) The limitations in sub‑paragraphs 1, 2 and 3 do not apply upon a
one‑way roadway nor upon a roadway with unobstructed pavement of sufficient
width for 2 or more lanes of moving traffic in each direction nor to the
driver of a vehicle turning left into or from an alley, private road or
driveway when such movements can be made with safety.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑707) (from Ch. 95 1/2, par. 11‑707)
Sec. 11‑707.
No‑passing zones.
(a) The Department and local authorities
are authorized to determine those portions of any highway under their
respective jurisdictions where overtaking and passing or driving on the
left of the roadway would be especially hazardous and may by appropriate
signs or markings on the roadway indicate the beginning and end of such
zones. Upon request of a local school board, the Department or local
authority which has jurisdiction over the roadway in question, shall
determine whether a hazardous situation exists at a particular location and
warrants a no‑passing zone. If the Department or local authority
determines that a no‑passing zone is warranted, the school board and the
Department or local authority shall share equally the cost of designating
the no‑passing zone by signs and markings. When such signs or markings are
in place and clearly visible to an ordinarily observant person every driver
of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no‑passing zone as
set forth in paragraph (a) no driver may at any time drive on the left side
of the roadway within the no‑passing zone or on the left side of any pavement
striping designed to mark such no‑passing zone throughout its length.
(c) This Section does not apply under the conditions described in
Section 11‑701 (a) 2, nor to the driver of a vehicle turning left into or from
an alley, private road or driveway. The pavement striping designed to mark
the no‑passing zone may be crossed from the left hand lane for the
purpose of completing a pass that was begun prior to the beginning of the
zone in the driver's direction of travel.
(d) Special speed limit areas required under Section 11‑605 of this Code
in unincorporated areas only shall also be no‑passing zones.
(Source: P.A. 86‑471.)
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(625 ILCS 5/11‑708) (from Ch. 95 1/2, par. 11‑708)
Sec. 11‑708.
One‑way roadways and rotary traffic islands.
(a) The Department and local authorities, with respect to highways under
their respective jurisdictions, may designate any highway, roadway, part of
a roadway or specific lanes upon which vehicular traffic shall proceed in
one direction at all or such times as shall be indicated by official
traffic control devices.
(b) Upon a roadway so designated for one‑way traffic, a vehicle shall be
driven only in the direction designated at all or such times as shall be
indicated by official traffic control devices.
(c) A vehicle passing around a rotary traffic island must be driven only
to the right of such island.
(d) Whenever any highway has been divided into 2 or more roadways by
leaving an intervening space or by a physical barrier or a clearly
indicated dividing section so constructed as to impede vehicular traffic,
every vehicle must be driven only upon the right‑hand roadway unless
directed or permitted to use another roadway by official traffic‑control
devices or police officers. No vehicle may be driven over, across, or
within any such dividing space, barrier, or section, except through an
opening in the physical barrier, or dividing section, or space, or at a
cross‑over or intersection as established by public authority.
(e) The driver of a vehicle may turn left across a paved noncurbed
dividing space unless prohibited by an official traffic‑control device.
(Source: P.A. 84‑873.)
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(625 ILCS 5/11‑709) (from Ch. 95 1/2, par. 11‑709)
Sec. 11‑709.
Driving on roadways laned for traffic.
Whenever any roadway has been divided into 2 or more clearly marked
lanes for traffic the following rules in addition to all others consistent
herewith shall apply.
(a) A vehicle shall be driven as nearly as practicable entirely within a
single lane and shall not be moved from such lane until the driver has
first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into 3 lanes and provides for
two‑way movement of traffic, a vehicle shall not be driven in the center
lane except when overtaking and passing another vehicle traveling in the
same direction when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn or where such center
lane is at the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is designated
by official traffic control devices.
(c) Official traffic control devices may be erected directing specific
traffic to use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the center of the
roadway and drivers of vehicles shall obey the directions of every such
device. On multi‑lane controlled access
highways with 3 or more lanes in one
direction or on any multi‑laned highway with 2 or more lanes in one
direction, the Department may designate lanes of traffic to be used by
different types of motor vehicles.
Drivers must obey lane designation signing except when it is necessary to
use a different lane to make a turning maneuver.
(d) Official traffic control devices may be installed prohibiting the
changing of lanes on sections of roadway and drivers of vehicles shall obey
the directions of every such device.
(Source: P.A. 84‑1311.)
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(625 ILCS 5/11‑709.1) (from Ch. 95 1/2, par. 11‑709.1)
Sec. 11‑709.1.
(a) Vehicles shall be driven on a roadway, and shall only
be driven on the shoulder for the purpose of stopping or accelerating from
a stop while merging into traffic. It shall be a violation of this Section
if while merging into traffic and while on the shoulder, the vehicle passes
any other vehicle on the roadway adjacent to it.
(b) This Section shall not apply to any authorized emergency vehicle, or
to any service vehicle while engaged in maintenance of the highway or
related work.
(Source: P.A. 86‑664.)
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(625 ILCS 5/11‑710) (from Ch. 95 1/2, par. 11‑710)
Sec. 11‑710.
Following too closely.
(a) The driver of
a motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any truck or motor vehicle
drawing another vehicle
when traveling upon a roadway outside of a business or
residence district and which is following another truck or
motor vehicle drawing another vehicle shall,
whenever conditions permit, leave sufficient space so that
an overtaking vehicle may enter and occupy such space without
danger, except that this shall not prevent a truck or motor
vehicle drawing another vehicle from overtaking and passing
any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway outside
of a business or residence district in a caravan or
motorcade whether or not towing other vehicles shall be so
operated as to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other
vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑711) (from Ch. 95 1/2, par. 11‑711)
Sec. 11‑711.
Restrictions on use of controlled access highway.
(a) No person may drive a vehicle onto or from any controlled access
highway except at entrances and exits established by public authority.
(b) The Department with respect to any controlled access highway under
its jurisdiction may prohibit the use of any such highways by pedestrians
(except in authorized areas or facilities), bicycles, farm tractors,
implements of husbandry, funeral processions, and any vehicle unable to
maintain the minimum speed for which the highway is posted, or other
non‑motorized traffic or by any person operating a motor driven cycle. The
Department may also prohibit the use of such highway to school buses
picking up and discharging children and mail delivery vehicles picking up
or delivering mail. The Department shall erect and maintain official signs
on the controlled access highway on which such prohibitions are applicable
and when so erected no person may disobey the restrictions stated on such
sign.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑801) (from Ch. 95 1/2, par. 11‑801)
Sec. 11‑801.
Required position and method of turning.
(a) The driver of a vehicle intending to turn at an intersection shall do
so as follows:
(1) Both the approach for a right turn and a right turn shall be
made as close as practical to the right‑hand curb or edge of the
roadway.
(2) The driver of a vehicle intending to turn left at any
intersection shall approach the intersection in the extreme left‑hand
lane lawfully available to traffic moving in the direction of travel of
such vehicle, and after entering the intersection, the left turn shall
be made so as to leave the intersection in a lane lawfully available to
traffic moving in such direction upon the roadway being entered.
Whenever practicable the left turn shall be made in that portion of the
intersection to the left of the center of the intersection.
(3) The Department and local authorities in their respective
jurisdictions may cause official traffic control devices to be placed
within or adjacent to intersections and thereby require and direct that
a different course from that specified in this Section be traveled by
vehicles turning at an intersection, and when such devices are so placed
no driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such devices.
(b) Two‑way left turn lanes. Where a special lane for
making left turns by drivers proceeding in
opposite directions has been indicated by official traffic‑control devices:
(1) A left turn shall not be made from any other lane.
(2) A vehicle shall not be driven in the lane except when preparing for
or making a left turn from or into the roadway or when preparing for or
making a U turn when otherwise permitted by law.
(c) When a motor vehicle and a mass transit bus are traveling in the
same direction on the same multi‑laned highway, street or road, the
operator of the motor vehicle overtaking such bus, which is stopped at an
intersection on the right side of the roadway to receive or discharge
passengers, shall pass to the left of the bus at a safe distance and shall
not turn to the right in front of the bus at that intersection.
(Source: P.A. 85‑786.)
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(625 ILCS 5/11‑802) (from Ch. 95 1/2, par. 11‑802)
Sec. 11‑802.
Limitations on U turns.
(a) The driver of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction unless such movement can be made in
safety and without interfering with other traffic.
(b) No vehicle shall be turned so as to proceed in the opposite
direction upon any curve, or upon the approach to or near the crest of a
grade, where such vehicle cannot be seen by the driver of any other
vehicle approaching from either direction within 500 feet.
(Source: P.A. 82‑783.)
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(625 ILCS 5/11‑803) (from Ch. 95 1/2, par. 11‑803)
Sec. 11‑803.
Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked
unless and until such movement can be made with reasonable safety.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑804) (from Ch. 95 1/2, par. 11‑804)
Sec. 11‑804.
When signal required.
(a) No person may turn a vehicle at an intersection unless the vehicle
is in proper position upon the roadway as required in Section 11‑801 or
turn a vehicle to enter a private road or driveway, or otherwise turn a
vehicle from a direct course or move right or left upon a roadway unless
and until such movement can be made with reasonable safety. No person may
so turn any vehicle without giving an appropriate signal in the manner
hereinafter provided.
(b) A signal of intention to turn right or left when required must be
given continuously during not less than the last 100 feet traveled by the
vehicle before turning within a business or residence district, and such
signal must be given continuously during not less than the last 200 feet
traveled by the vehicle before turning outside a business or residence
district.
(c) No person may stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal in the manner provided in this
Chapter to the driver of any vehicle immediately to the rear when there is
opportunity to give such a signal.
(d) The electric turn signal device required in Section 12‑208 of this
Act must be used to indicate an intention to turn, change lanes or start
from a parallel parked position but must not be flashed on one side only on
a parked or disabled vehicle or flashed as a courtesy or "do pass" signal
to operators of other vehicles approaching from the rear. However, such
signal devices may be flashed simultaneously on both sides of a motor
vehicle to indicate the presence of a vehicular traffic hazard requiring
unusual care in approaching, overtaking and passing.
(Source: P.A. 78‑1297.)
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(625 ILCS 5/11‑805) (from Ch. 95 1/2, par. 11‑805)
Sec. 11‑805.
Signal by hand or arm or signal device.
Any stop or turn signal when required herein shall be given
either by means of the hand and arm or by an electric turn
signal device conforming to the requirements provided in
Section 12‑208 of this Act.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑806) (from Ch. 95 1/2, par. 11‑806)
Sec. 11‑806.
Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from
the left side of the vehicle in the following manner and such signals shall
indicate as follows:
1. Left turn ‑ Hand and arm extended horizontally.
2. Right turn ‑ Hand and arm extended upward.
3. Stop or decrease of speed ‑ Hand and arm extended downward.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑901) (from Ch. 95 1/2, par. 11‑901)
Sec. 11‑901.
Vehicles approaching or entering intersection.
(a) When 2 vehicles approach or enter an intersection from different
roadways at approximately the same time, the driver of the vehicle on the
left must yield the right‑of‑way to the vehicle on the right.
(b) The right‑of‑way rule declared in paragraph (a) of this Section is
modified at through highways and otherwise as stated in this Chapter.
(Source: P.A. 76‑1739.)
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(625 ILCS 5/11‑901.01) (from Ch. 95 1/2, par. 11‑901.01)
Sec. 11‑901.01.
Vehicles approaching or entering a "T" intersection.
The driver of a vehicle approaching the intersection of a highway from a
highway which terminates at the intersection, not otherwise regulated by
this Act or controlled by traffic control signs or signals, shall stop,
yield, and grant the privilege of immediate use of the intersection to another
vehicle which has entered the intersection from the non‑terminating highway
or is approaching the intersection on the non‑terminating highway in such
proximity as to constitute a hazard and after stopping may proceed when
the driver may safely enter the intersection without interference or collision
with the traffic using the non‑terminating highway.
(Source: P.A. 81‑860.)
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(625 ILCS 5/11‑902) (from Ch. 95 1/2, par. 11‑902)
Sec. 11‑902.
Vehicle turning left.
The driver of a vehicle intending to turn to the left within an
intersection or into an alley, private road, or driveway shall yield the
right‑of‑way to any vehicle approaching from the opposite direction which
is so close as to constitute an immediate hazard, but said driver, having
so yielded may proceed at such time as a safe interval occurs.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑903) (from Ch. 95 1/2, par. 11‑903)
Sec. 11‑903.
Vehicles entering stop crosswalk.
Where stop signs or flashing red signals are in place at an intersection
or flashing red signals are in place at a plainly marked crosswalk between
intersections, drivers of vehicles shall stop before entering the nearest
crosswalk and pedestrians within or entering the crosswalk at either edge
of the roadway shall have the right‑of‑way over vehicles so stopped.
Drivers of vehicles having so yielded the right‑of‑way to pedestrians
entering or within the nearest crosswalk at an intersection shall also
yield the right‑of‑way to pedestrians within any other crosswalk at the
intersection.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑904) (from Ch. 95 1/2, par. 11‑904)
Sec. 11‑904.
Vehicle entering stop or yield intersection.
(a) Preferential right‑of‑way at an intersection may be indicated by
stop or yield signs as authorized in Section 11‑302 of this Chapter.
(b) Except when directed to proceed by a police officer or
traffic‑control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right‑of‑way to any vehicle which has
entered the intersection from another roadway or which is approaching so
closely on the roadway as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection, but said
driver having so yielded may proceed at such time as a safe interval
occurs.
(c) The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing conditions
and, if required for safety to stop, shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping, the driver shall yield the
right‑of‑way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time
such driver is moving across or within the intersection.
(d) If a driver is involved in a collision at an intersection or
interferes with the movement of other vehicles after driving past a yield
right‑of‑way sign, such collision or interference shall be deemed prima
facie evidence of the driver's failure to yield right‑of‑way.
(Source: P.A. 76‑1739.)
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(625 ILCS 5/11‑905) (from Ch. 95 1/2, par. 11‑905)
Sec. 11‑905.
Merging traffic.
Not withstanding the right of way provision
in Sec. 11‑901 of this Act, at an intersection where traffic lanes are provided
for merging traffic the driver of each vehicle on the converging roadways
is required to adjust his vehicular speed and lateral position
so as to avoid a collision with another vehicle.
(Source: P.A. 81‑860.)
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(625 ILCS 5/11‑906) (from Ch. 95 1/2, par. 11‑906)
Sec. 11‑906.
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from an alley,
building, private road or driveway shall yield the right‑of‑way to all
vehicles approaching on the highway to be entered.
(Source: P. A. 76‑1739.)
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(625 ILCS 5/11‑907) (from Ch. 95 1/2, par. 11‑907)
Sec. 11‑907. Operation of vehicles and streetcars on approach of authorized
emergency
vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle
making use of audible and visual signals meeting the requirements of this
Code or a police vehicle properly and lawfully making use of an audible
or visual signal,
(1) the driver of every other vehicle shall yield | ||
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(2) the operator of every streetcar shall | ||
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(b) This Section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the
authorized emergency vehicle is giving a signal by displaying alternately
flashing
red, red and white, blue, or red and blue lights or amber or yellow warning
lights, a
person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the | ||
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(2) proceeding with due caution, reduce the speed of | ||
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As used in this subsection (c), "authorized emergency vehicle"
includes any vehicle authorized by law to be equipped with oscillating,
rotating, or flashing lights under Section 12‑215 of this Code, while the owner
or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business
offense punishable by a fine of not less than $100 or more than $10,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11‑501 of this Code.
(e) If a violation of subsection (c) of this Section results in damage to
the
property of another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to
another
person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(Source: P.A. 92‑283, eff. 1‑1‑02; 92‑872, eff. 6‑1‑03; 93‑173, eff. 7‑11‑03; 93‑705, eff. 7‑9‑04.)
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(625 ILCS 5/11‑908) (from Ch. 95 1/2, par. 11‑908)
Sec. 11‑908. Vehicle approaching or entering a highway construction or
maintenance
area or zone.
(a) The driver of a vehicle shall yield the right of way to any
authorized vehicle or pedestrian actually engaged in work upon a highway
within any highway construction or maintenance area indicated by
official traffic‑control devices.
(a‑1) Upon entering a construction or maintenance zone
when workers are present, a
person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change | ||
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(2) proceeding with due caution, reduce the speed of | ||
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(a‑2) A person who violates subsection (a‑1) of this
Section commits a business
offense punishable by a fine of not less than $100 and not more than $10,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11‑501 of this Code.
(a‑3) If a violation of subsection (a‑1) of this Section
results in damage to the property of another person, in addition to any other
penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(a‑4) If a violation of subsection (a‑1) of this Section
results in injury to another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(a‑5) If a violation of subsection (a‑1) of this Section
results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(a‑6) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (a‑1) of this
Section:
(1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(b) The driver of a vehicle shall yield the right of way to any
authorized vehicle obviously and actually engaged in work upon a highway
whenever the vehicle engaged in construction or maintenance work
displays flashing lights as provided in Section 12‑215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a
flagger or a traffic control signal and remain in such position until
signaled to proceed. If a driver of a vehicle fails to stop when signaled
to do so by a flagger, the flagger is authorized to report such offense to
the State's Attorney or authorized prosecutor.
The penalties imposed for a violation of this subsection (c) shall be in
addition to any penalties imposed for a violation of subsection (a‑1).
(Source: P.A. 92‑872, eff. 6‑1‑03; 93‑705, eff. 7‑9‑04.)
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(625 ILCS 5/11‑1001) (from Ch. 95 1/2, par. 11‑1001)
Sec. 11‑1001.
Pedestrian obedience to traffic control devices and traffic
regulations.
(a) A pedestrian shall obey the instructions of any official traffic
control device specifically applicable to him, unless otherwise directed by
a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian control
signals provided in Sections 11‑306 and 11‑307 of this Chapter, but at all
other places pedestrians shall be accorded the privileges and shall be
subject to the restrictions stated in this Article.
(Source: P. A. 76‑1734.)
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(625 ILCS 5/11‑1002) (from Ch. 95 1/2, par. 11‑1002)
Sec. 11‑1002.
Pedestrians' right‑of‑way at crosswalks.
(a) When
traffic control signals are not in place or not in operation the driver of
a vehicle shall yield the right‑of‑way, slowing down or stopping if need be to
so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a moving vehicle which is so close as to
constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section
11‑1003 (b).
(d) Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in
place at an intersection or at a plainly marked crosswalk between
intersections, drivers shall yield right‑of‑way to pedestrians as
set forth in Section 11‑904 of this Chapter.
(Source: P.A. 79‑857.)
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(625 ILCS 5/11‑1003) (from Ch. 95 1/2, par. 11‑1003)
Sec. 11‑1003.
Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right‑of‑way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the
right‑of‑way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic‑control signals
are in operation pedestrians shall not cross at any place except in a
marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic‑control devices; and, when
authorized to cross diagonally, pedestrians shall cross only in
accordance with the official traffic‑control devices pertaining to such
crossing movements.
(e) Pedestrians with disabilities may cross a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk where the
intersection is physically inaccessible to them but they shall yield the
right‑of‑way to all vehicles upon the roadway.
(Source: P.A. 88‑685, eff. 1‑24‑95.)
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(625 ILCS 5/11‑1003.1) (from Ch. 95 1/2, par. 11‑1003.1)
Sec. 11‑1003.1.
Drivers to exercise due care.
Notwithstanding other provisions of this Code or the provisions of any
local ordinance, every driver of a vehicle shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle
or other device propelled by human power and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any obviously confused, incapacitated
or intoxicated person.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1004) (from Ch. 95 1/2, par. 11‑1004)
Sec. 11‑1004.
Pedestrian with disabilities; right‑of‑way.
The driver of a
vehicle shall yield the right‑of‑way to any pedestrian with clearly visible
disabilities.
(Source: P.A. 88‑685, eff. 1‑24‑95.)
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(625 ILCS 5/11‑1004.1) (from Ch. 95 1/2, par. 11‑1004.1)
Sec. 11‑1004.1.
Motorized wheelchairs.
Every person operating a
motorized wheelchair upon a sidewalk or roadway shall be granted all the
rights and shall be subject to all the duties applicable to a pedestrian.
(Source: P.A. 84‑672.)
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(625 ILCS 5/11‑1005) (from Ch. 95 1/2, par. 11‑1005)
Sec. 11‑1005.
Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1005.1)
(This Section may contain text from a Public Act with a delayed effective
date )
Sec. 11‑1005.1.
Electric personal assistive mobility devices.
Every person operating an electric personal assistive mobility device
upon a sidewalk or roadway has all the
rights and is subject to all the duties applicable to a pedestrian.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non‑home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92‑868, eff. 6‑1‑03.)
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(625 ILCS 5/11‑1006) (from Ch. 95 1/2, par. 11‑1006)
Sec. 11‑1006.
Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any vehicle.
(b) No person shall stand on a highway for the purpose of soliciting
employment or business from the occupant of any vehicle.
(c) No person shall stand on a highway for the purpose of soliciting
contributions from the occupant of any vehicle except within a municipality
when expressly permitted by municipal ordinance. The local municipality, city,
village, or other local governmental entity in which the solicitation takes
place shall determine by ordinance where and when solicitations may take place
based on the safety of the solicitors and the safety of motorists. The
decision shall also take into account the orderly flow of traffic and may not
allow interference with the operation of official traffic control devices. The
soliciting agency shall be:
1. registered with the Attorney General as a | ||
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2. engaged in a Statewide fund raising activity; and
3. liable for any injuries to any person or property | ||
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Any person engaged in the act of solicitation shall be 16 years of age
or more and shall be wearing a high visibility vest.
(d) No person shall stand on or in the proximity of a highway for the
purpose of soliciting the watching or guarding of any vehicle while parked
or about to be parked on a highway.
(e) Every person who is convicted of a violation of this Section shall
be guilty of a Class A misdemeanor.
(Source: P.A. 88‑589, eff. 8‑14‑94.)
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(625 ILCS 5/11‑1007) (from Ch. 95 1/2, par. 11‑1007)
Sec. 11‑1007.
Pedestrians walking on highways.
(a) Where a sidewalk is
provided and its use is practicable, it shall be unlawful for any pedestrian to walk
along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along and upon
a highway shall walk only on a shoulder, as far as practicable from the edge of
the roadway.
(c) Where neither a sidewalk nor a shoulder is available, any pedestrian
walking along and upon a highway shall walk as near as practicable to an outside
edge of a roadway, and, if on a two‑way roadway, shall walk only on the left side
of the roadway.
(d) Except as otherwise provided in this Chapter, any pedestrian upon
a roadway shall yield the right‑of‑way to all vehicles upon the roadway.
(Source: P.A. 79‑857.)
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(625 ILCS 5/11‑1008) (from Ch. 95 1/2, par. 11‑1008)
Sec. 11‑1008.
Right‑of‑way on sidewalks.
The driver of a vehicle
shall yield the right‑of‑way to any pedestrian on a sidewalk.
(Source: P.A. 79‑857.)
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(625 ILCS 5/11‑1009) (from Ch. 95 1/2, par. 11‑1009)
Sec. 11‑1009.
Pedestrians yield to authorized emergency vehicles.
Upon the immediate approach of an authorized emergency vehicle making use
of an audible signal
and visual signals
meeting the requirements of Section 12‑217 of this
Chapter, or of a police vehicle properly and lawfully making use of an audible
signal only, every pedestrian shall yield the right‑of‑way to the authorized
emergency vehicle.
(Source: P.A. 79‑857.)
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(625 ILCS 5/11‑1010) (from Ch. 95 1/2, par. 11‑1010)
Sec. 11‑1010.
Pedestrians under influence of alcohol or drugs.
A pedestrian who is under the influence of alcohol or any drug to a degree
which renders himself a hazard shall not walk or be upon a highway except on
a sidewalk.
(Source: P.A. 79‑857.)
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(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.
(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. 92‑814, eff. 1‑1‑03.)
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(625 ILCS 5/11‑1101) (from Ch. 95 1/2, par. 11‑1101)
Sec. 11‑1101.
Passing street car on left.
(a) The driver of a vehicle shall not overtake and pass upon the left
nor drive upon the left side of any street car proceeding in the same
direction, whether such street car is actually in motion or temporarily at
rest, except:
1. When so directed by a police officer;
2. When upon a one‑way street; or
3. When upon a street where the tracks are so located as to prevent
compliance with the section.
(b) The driver of any vehicle when permitted to overtake and pass upon
the left of a street car which has stopped for the purpose of receiving or
discharging any passenger shall reduce speed and may proceed only upon
exercising due caution for pedestrians and shall accord pedestrians the
right‑of‑way when required by other Sections of this Chapter.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1102) (from Ch. 95 1/2, par. 11‑1102)
Sec. 11‑1102.
Passing street car on right.
The driver of a vehicle overtaking upon the right any street car stopped
or about to stop for the purpose of receiving or discharging any passenger
shall stop such vehicle at least ten feet to the rear of the nearest
running board or door of such street car and thereupon remain standing
until all passengers have boarded such car or upon alighting have reached a
place of safety, except that where a safety zone has been established a
vehicle need not be brought to a stop before passing any such street car
but may proceed past such car at a speed not greater than is reasonable and
proper and with due caution for the safety of pedestrians.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1103) (from Ch. 95 1/2, par. 11‑1103)
Sec. 11‑1103.
Driving on street car tracks.
(a) The driver of any vehicle proceeding upon any street car track in
front of a street car upon a street shall remove such vehicle from the
track as soon as practical after signal from the operator of said street
car.
(b) The driver of a vehicle upon overtaking and passing a street car
shall not turn in front of such street car so as to interfere with or
impede its movement.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1104) (from Ch. 95 1/2, par. 11‑1104)
Sec. 11‑1104.
Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1201) (from Ch. 95 1/2, par. 11‑1201)
(Text of Section from P.A. 92‑651)
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 | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train approaching a highway crossing | ||
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4. An approaching railroad train is plainly visible | ||
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5. A railroad train is approaching so closely that | ||
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(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. 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; 92‑651,
eff. 7‑11‑02.)
(Text of Section from P.A. 92‑814)
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 | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train approaching a highway crossing | ||
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4. An approaching railroad train is plainly visible | ||
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5. A railroad train is approaching so closely that | ||
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(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 | ||
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(2) For a second or subsequent violation, the | ||
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(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;
92‑814, eff. 1‑1‑03.)
(Text of Section from P.A. 92‑834)
Sec. 11‑1201.
Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop, the
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 the tracks are clear and he or she can do so
safely. The
foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train approaching a highway crossing | ||
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4. An approaching railroad train is plainly visible | ||
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5. A railroad train is approaching so closely that | ||
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(a‑5) Whenever a person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop but must slow down,
the 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 slow down within 50 feet
but not less than 15 feet from the nearest rail of the railroad and shall not
proceed until he or she checks that the tracks are clear of an approaching
train.
(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‑1) No person shall, while driving a commercial motor vehicle, fail to
negotiate
a railroad‑highway grade railroad crossing because of insufficient
undercarriage
clearance.
(d‑5) (Blank).
(e) It is unlawful to violate any part of this
Section. 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;
92‑834, eff. 8‑22‑02.)
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3. If you were not the operator of the vehicle at | ||
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(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 | ||
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(ii) Photographs or recorded images made by an | ||
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(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 | ||
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(ii) For a second or subsequent violation, the | ||
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(Source: P.A. 94‑771, eff. 1‑1‑07.)
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3. If you were not the operator of the vehicle at the | ||
|
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(f) 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.
(g) Evidence.
(1) A certificate alleging that a violation of | ||
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(2) Photographs or recorded images made by an | ||
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(h) Rail crossings equipped with an automatic railroad | ||
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(i) A county or municipality, including a home rule county or municipality, may not use an automated railroad crossing enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. The regulation of the use of automated railroad crossing enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (i) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (j) 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.
(k) Penalty.
(1) A violation of this Section is a petty offense | ||
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(2) For a second or subsequent violation, the | ||
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(Source: P.A. 94‑771, eff. 1‑1‑07.) |
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2. Any bus that meets all of the special | ||
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3. Any other vehicle which is required by Federal or | ||
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After stopping as required in this Section, the driver shall proceed only in
a gear not requiring a change of gears during the crossing, and the driver
shall not shift gears while crossing the track or tracks.
(b) This Section shall not apply:
1. At any railroad grade crossing where traffic is | ||
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2. At any railroad grade crossing controlled by a | ||
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3. At any streetcar grade crossing within a business | ||
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4. At any abandoned, industrial or spur track | ||
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(Source: P.A. 94‑519, eff. 8‑10‑05.)
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(625 ILCS 5/11‑1203) (from Ch. 95 1/2, par. 11‑1203)
Sec. 11‑1203.
Moving heavy equipment at railroad grade crossing.
(a) No person shall operate or move any crawler‑type tractor, power
shovel, derrick, roller, or any equipment or structure having a normal
operating speed of 10 or less miles per hour, or, for such equipment with
18 feet or less distance between two adjacent axles, having a vertical body
or load clearance of less than 9 inches above a level surface, or, for such
equipment with more than 18 feet between two adjacent axles, having a
vertical body or load clearance of less than 1/2 inch per foot of distance
between such adjacent axles above a level surface upon or across any tracks
at a railroad grade crossing without first complying with this Section.
(b) Notice of any such intended crossing shall be given to a
superintendent of such railroad and a reasonable time be given to such
railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any
such vehicle or equipment shall first stop the same not less than 15 feet
nor more than 50 feet from the nearest rail of such railway and while so
stopped shall listen and look in both directions along such track for any
approaching train and for signals indicating the approach of a train, and
shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train or car.
(Source: P.A. 76‑2172.)
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(625 ILCS 5/11‑1204) (from Ch. 95 1/2, par. 11‑1204)
Sec. 11‑1204.
Stop and yield signs.
(a) Preferential right‑of‑way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 11‑302 of this Act.
(b) Except when directed to proceed by a police officer or traffic
control signal, every driver of a vehicle and every motorman of a streetcar
approaching a stop intersection indicated by a stop sign shall stop before
entering the crosswalk on the near side of the intersection or, in the
event there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before
entering the intersection.
(c) The driver of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the crosswalk on the near side of
the intersection or, in the event there is no crosswalk, at a clearly
marked stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1205) (from Ch. 95 1/2, par. 11‑1205)
Sec. 11‑1205.
Emerging from alley, building, or private road or driveway.
The driver of a vehicle emerging from an alley, building, private road
or driveway within an urban area shall stop such vehicle immediately prior
to driving into the sidewalk area extending across such alley, building
entrance, road or driveway, or in the event there is no sidewalk area,
shall stop at the point nearest the street to be entered where the driver
has a view of approaching traffic thereon, and shall yield the right‑of‑way
to any pedestrian as may be necessary to avoid collision, and upon entering
the roadway shall yield the right‑of‑way to all vehicles approaching on
such roadway.
(Source: P. A. 77‑1344.)
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(625 ILCS 5/11‑1301) (from Ch. 95 1/2, par. 11‑1301)
Sec. 11‑1301.
Stopping, standing or parking outside of business or residence
district.
(a) Outside a business or residence district,
no person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon the roadway when
it is practicable to stop, park or so leave such vehicle off
the roadway, but in every event an unobstructed width of the highway
opposite a standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicle shall be available from a
distance of 200 feet in each direction upon such highway.
(b) The Department with respect to highways under its jurisdiction or
for the maintenance of which it is responsible may place signs prohibiting
or restricting the stopping, standing or parking of vehicles on any highway
where in its opinion such stopping, standing or parking is dangerous to
those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon.
Any such regulations adopted by the Department regarding the stopping,
standing or parking of vehicles upon any specific street, streets or
highways become effective at the time of the erection of appropriate signs
indicating such regulations. Any such signs may be erected either by the
Department or by a local authority with the approval of the Department.
(c) This Section, Section 11‑1303 and Section 11‑1304 shall
not apply to the driver of any vehicle which is
disabled in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the vehicle
in such position.
(d) Any second division vehicle used exclusively for the collection of
garbage, refuse, or recyclable material may stop or stand on the road in a
business, rural, or
residential district for the sole purpose of collecting garbage, refuse, or
recyclable material. The vehicle, in addition to having its hazard lights
lighted at all times that it is engaged in stopping or standing, shall also use
its amber oscillating, rotating, or flashing light or lights as authorized
under
paragraph 12 of subsection (b) of Section 12‑215, if so equipped.
(Source: P.A. 91‑869, eff. 1‑1‑01.)
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(625 ILCS 5/11‑1301.1) (from Ch. 95 1/2, par. 11‑1301.1)
Sec. 11‑1301.1.
Persons with disabilities ‑ Parking privileges ‑ Exemptions.
A motor vehicle bearing registration plates issued to a person with
disabilities, as defined by Section 1‑159.1, pursuant to Section 3‑616 or to a
disabled veteran pursuant to Section 3‑609 or a special decal or device issued
pursuant to Section 3‑616 or pursuant to Section 11‑1301.2 of this Code or a
motor vehicle registered in another jurisdiction, state, district, territory or
foreign country upon which is displayed a registration plate, special decal or
device issued by the other jurisdiction designating the vehicle is operated by
or for a person with disabilities shall be exempt from the payment of parking
meter fees and exempt from any statute or ordinance imposing time limitations
on parking, except limitations of one‑half hour or less, on any street or
highway zone, or any parking lot or parking place which
are owned, leased or owned and leased by a municipality or a municipal
parking utility; and shall be recognized by state and local authorities
as a valid license plate or parking device and shall receive the same
parking privileges as residents of this State; but, such vehicle shall be
subject to the laws which prohibit parking in "no stopping" and "no
standing" zones in front of or near fire hydrants, driveways, public
building entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a traffic
hazard, whereby such motor vehicle shall be moved at the instruction and
request of a law enforcement officer to a location designated by the
officer. Any motor vehicle bearing registration plates or a special decal
or device specified in this Section or in Section 3‑616 of this Code or
such parking device as specifically authorized in Section 11‑1301.2 as
evidence that the vehicle is operated by or for a person with disabilities or
disabled veteran may park, in addition to any
other lawful place, in any parking place specifically reserved for such
vehicles by the posting of an official sign as provided under Section 11‑301.
Parking privileges granted by this Section are strictly limited
to the person to whom the special registration plates, special decal or
device were issued and to qualified operators acting under his express
direction while the person with disabilities is present.
A person to whom privileges were granted shall, at the request of a
police officer or any other person invested by law with authority to direct,
control, or regulate traffic, present an identification card with a picture as
verification that the
person is the person to whom the special registration plates, special decal or
device was issued.
Such parking privileges granted by this Section are also extended to
motor vehicles of not‑for‑profit organizations used for the transportation of
persons with disabilities when such motor vehicles display the decal or device
issued pursuant to Section 11‑1301.2 of this Code.
No person shall use any area for the parking of any motor vehicle
pursuant to Section 11‑1303 of this Code or where an official sign
controlling such area expressly prohibits parking at any time or during
certain hours.
(Source: P.A. 90‑106, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1301.2) (from Ch. 95 1/2, par. 11‑1301.2)
Sec. 11‑1301.2.
Special decals for a person with disabilities parking.
(a) The Secretary of State shall provide for, by administrative rules, the
design, size, color, and placement of a person with disabilities motorist decal
or device
and shall provide for, by administrative
rules, the content and form of an application for a person with disabilities
motorist decal or device,
which shall be used by local authorities in the issuance thereof to a
person with temporary disabilities, provided that the decal or device is
valid for no more than 90 days, subject to renewal for like periods based upon
continued disability, and further provided that the decal or device clearly
sets forth the date that the decal or device expires.
The application shall
include the requirement of an Illinois Identification Card number or a State
of Illinois driver's license number.
This decal or device shall be the property of such
person with disabilities and may be used by that person to designate and identify a vehicle not owned or displaying a
registration plate as provided in Sections 3‑609 and 3‑616 of this Act to
designate when the vehicle is being used to transport said person or persons
with disabilities, and thus is entitled to enjoy all the privileges that would
be afforded a person with disabilities licensed vehicle.
Person with disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local authorities
regardless of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by adequate
documentation that the person for whose benefit the decal or device is to be
used has a temporary disability as defined in Section 1‑159.1 of this
Code.
(b) The local governing authorities shall be responsible for the provision
of such decal or device, its issuance and designated placement within the
vehicle. The cost of such decal or device shall be at the discretion of
such local governing authority.
(c) The Secretary of State may, pursuant to Section 3‑616(c), issue
a person with disabilities parking decal or device to a person with
disabilities as defined by Section 1‑159.1. Any person with disabilities
parking decal or device issued by the Secretary of State shall be registered to
that person with disabilities in the form to be prescribed by the Secretary of
State. The person with disabilities parking decal or device shall not display
that person's address. One additional decal or device may be issued to an
applicant upon his or her written request and with the approval of the
Secretary of
State.
The written request must include a justification of the need for the
additional decal or device.
(d) Replacement decals or devices may be issued for lost, stolen, or
destroyed decals upon application and payment of a $10 fee. The replacement
fee may be waived for individuals that have claimed and received a grant under
the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act.
(Source: P.A. 92‑411, eff. 1‑1‑02.)
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(625 ILCS 5/11‑1301.4) (from Ch. 95 1/2, par. 11‑1301.4)
Sec. 11‑1301.4.
Reciprocal agreements with other jurisdictions.
The Secretary of State, or his designee, may enter into agreements
with other jurisdictions, including foreign jurisdictions, on behalf of
this State relating to the extension of parking
privileges by such jurisdictions to permanently disabled residents of this
State who display a special license plate or parking device that contains
the International symbol of access on his or her motor vehicle, and to
recognize such plates or devices issued by such other jurisdictions. This
State shall grant the same parking privileges which are granted to disabled
residents of this State to any non‑resident whose motor vehicle is licensed
in another state, district, territory or foreign country if such vehicle
displays the International symbol of access or a distinguishing insignia on
license plates or parking device issued in accordance with the laws of the
non‑resident's state, district, territory or foreign country.
(Source: P.A. 86‑539.)
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(2) to knowingly issue or assist in the issuance of, | ||
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(3) to knowingly alter any disability license plate | ||
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(4) to knowingly manufacture, possess, transfer, or | ||
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(5) to knowingly provide any false information to | ||
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(6) to knowingly transfer a disability license plate | ||
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(c) Sentence.
(1) Any person convicted of a violation of paragraph | ||
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(2) Any person who commits a violation of this | ||
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(3) Any police officer may seize the parking decal | ||
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(Source: P.A. 94‑619, eff. 1‑1‑06.)
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"Disability license plate or parking decal or | ||
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(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent disability | ||
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(2) to knowingly possess without authority any | ||
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(3) to knowingly duplicate, manufacture, sell, or | ||
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(4) to knowingly assist in the duplication, | ||
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(5) to advertise or distribute a fraudulent | ||
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(c) Sentence.
(1) Any person convicted of a violation of this | ||
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(2) Any person who commits a violation of this | ||
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(3) Any police officer may seize the parking decal | ||
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(Source: P.A. 94‑619, eff. 1‑1‑06.)
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(625 ILCS 5/11‑1301.7)
Sec. 11‑1301.7.
Appointed volunteers and contracted
entities; disabled person parking violations.
(a) The chief of police of a municipality and the sheriff of a county
authorized to enforce parking laws may appoint volunteers or contract with
public or private entities to issue parking violation notices for violations
of Section 11‑1301.3 or ordinances dealing with parking privileges for persons
with disabilities. Volunteers appointed under this Section and any employees
of public or private entities that the chief of police or sheriff has
contracted with under this Section who are issuing these parking violation
notices must be at least 21 years of age. The chief of police or sheriff
appointing the volunteers or contracting with public or private entities may
establish any other qualifications that he or she deems desirable.
(b) The chief of police or sheriff appointing volunteers under this Section
shall provide training to the volunteers before authorizing them to issue
parking violation notices.
(c) A parking violation notice issued by a volunteer appointed under this
Section or by a public or private entity that the chief of police or sheriff
has contracted with under this Section shall have
the same force and effect as a parking violation notice issued by a police
officer for the same offense.
(d) All funds collected as a result of the payment of the parking violation
notices issued under this Section shall go to the municipality or county where
the notice is issued.
(e) An appointed volunteer or private or public entity under contract
pursuant to this Section is not liable for his or her or its act or omission in
the execution or enforcement of laws or ordinances if acting within the scope
of the appointment or contract authorized by this Section, unless the act or
omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local government, a chief of
police, sheriff, or
employee of a police department or sheriff, as such and acting within the scope
of his or her employment, is not liable for an injury caused by the act or
omission of an appointed volunteer or private or public entity under contract
pursuant to this Section. No local government, chief of police, sheriff, or an
employee of a local government, police department or sheriff shall be liable
for any actions regarding the supervision or direction, or the failure to
supervise and direct, an appointed volunteer or private or public entity under
contract pursuant to this Section unless the act or omission constitutes
willful and wanton conduct.
(g) An appointed volunteer or private or public entity under contract
pursuant to this Section shall assume all liability for and hold the property
owner and his agents and employees harmless from any and all claims of action
resulting from the work of the appointed volunteer or public or private
entity.
(Source: P.A. 90‑181, eff. 7‑23‑97; 90‑655, eff. 7‑30‑98.)
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(625 ILCS 5/11‑1302) (from Ch. 95 1/2, par. 11‑1302)
Sec. 11‑1302.
Officers authorized to remove vehicles.
(a) Whenever any police officer
finds a vehicle
in violation of any of the provisions of Section
11‑1301 such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same, to a position
off the roadway.
(b) Any police officer is hereby authorized to remove or cause to be removed
to a place of safety any unattended
vehicle illegally left standing upon any highway, bridge, causeway,
or in a tunnel, in such a
position or under such circumstances as to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled vehicle
standing upon the paved or main‑traveled part of a highway, which
vehicle is or may be expected to interrupt the free flow of traffic
on the highway or interfere with the maintenance of the highway,
the Department is authorized to move the vehicle to a position off
the paved or improved or main‑traveled part of the highway.
(c) Any police officer is hereby authorized to remove or cause
to be removed to the nearest garage or other place of safety any
vehicle found upon a highway when:
1. Report has been made that such vehicle has been stolen or
taken without the consent of its owner, or
2. The person or persons in charge of such vehicle are unable
to provide for its custody or removal, or
3. When the person driving or in control of such vehicle is
arrested for an alleged offense for which the officer is required
by law to take the person arrested before a proper magistrate without
unnecessary delay.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1303) (from Ch. 95 1/2, par. 11‑1303)
Sec. 11‑1303.
Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic‑control device, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or | ||
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b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb | ||
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f. Alongside or opposite any street excavation | ||
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g. Upon any bridge or other elevated structure | ||
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h. On any railroad tracks. A violation of any | ||
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i. At any place where official signs prohibit | ||
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j. On any controlled‑access highway;
k. In the area between roadways of a divided | ||
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l. In a public parking area if the vehicle does | ||
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2. Stand or park a vehicle, whether occupied or not, | ||
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a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an | ||
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d. Within 30 feet upon the approach to any | ||
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e. Within 20 feet of the driveway entrance to | ||
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f. At any place where official signs prohibit | ||
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3. Park a vehicle, whether occupied or not, except | ||
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a. Within 50 feet of the nearest rail of a | ||
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b. At any place where official signs prohibit | ||
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(b) No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
(Source: P.A. 89‑245, eff. 1‑1‑96; 89‑658, eff. 1‑1‑97.)
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(625 ILCS 5/11‑1304) (from Ch. 95 1/2, par. 11‑1304)
Sec. 11‑1304.
Additional parking regulations.
(a) Except as otherwise
provided in this section, every vehicle
stopped or parked upon a two‑way roadway shall be so stopped or
parked with the right‑hand wheels parallel to and within 12 inches
of the right‑hand curb or as close as practicable to the right
edge of the right‑hand shoulder.
(b) Except when otherwise provided by local ordinance, every
vehicle stopped or parked upon a one‑way roadway shall be so
stopped or parked parallel to the curb or edge of the roadway,
in the direction of authorized traffic movement, with its right‑hand
wheels within 12 inches of the right‑hand curb or as close as practicable
to the right edge of the right‑hand shoulder, or with its left‑hand
wheels within 12 inches of the left‑hand curb or as close as
practicable to the left edge of the left‑hand shoulder.
(c) Local authorities may permit angle parking on any roadway, except
that angle parking shall not be permitted on any federal‑aid or State highway unless
the Department has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(d) The Department with respect to highways under its jurisdiction may place
signs prohibiting, limiting, or restricting the stopping, standing or parking of
vehicles on any highway where in its opinion such stopping, standing or parking
is dangerous to those using the highway or where the stopping, standing or parking
of vehicles would unduly interfere with the free movement of traffic thereon.
No person shall stop, stand or park any vehicle in violation of the restrictions
indicated by such devices.
(Source: P.A. 79‑801; 79‑1069; 79‑1454.)
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(625 ILCS 5/11‑1304.5)
Sec. 11‑1304.5.
Parking of vehicle with expired registration.
No
person may stop, park, or leave standing upon a public street, highway, or
roadway a vehicle upon
which is
displayed an Illinois registration plate or plates or registration sticker
after the termination of
the registration
period for which the registration plate or plates or registration sticker was
issued or after the
expiration date set under
Section 3‑414 or 3‑414.1 of this Code.
(Source: P.A. 91‑487, eff. 1‑1‑00.)
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(625 ILCS 5/11‑1305) (from Ch. 95 1/2, par. 11‑1305)
Sec. 11‑1305.
Lessors of visitor vehicles ‑ Duty upon receiving
notice of violation of this Article or local parking regulation.
Every person in whose name a vehicle is registered pursuant to
law and who leases such vehicle to others, after receiving written
notice of a violation of this Article or a parking regulation of a local
authority involving such vehicle, shall upon request provide such police
officers as have authority of the offense, and the court having
jurisdiction thereof, with a written statement of the name and address
of the lessee at the time of such offense and the identifying number
upon the registration plates and registration sticker or stickers of
such vehicle.
(Source: P.A. 80‑230; 80‑911; 80‑1185.)
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(625 ILCS 5/11‑1306) (from Ch. 95 1/2, par. 11‑1306)
Sec. 11‑1306.
Parking liability of lessor.
No person who is the lessor
of a vehicle pursuant to a written lease agreement shall be liable for the
violation of any parking or standing regulation of this Act, or of a local
authority, involving such vehicle during the period of the lease; provided
that upon the request of the appropriate authority received within 120 days
after the violation occurred, the
lessor provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be subsequently
individually requested by the appropriate authority if needed for
enforcement of the Act.
(Source: P.A. 84‑354.)
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(625 ILCS 5/11‑1401) (from Ch. 95 1/2, par. 11‑1401)
Sec. 11‑1401.
Unattended motor vehicles.
No person driving or in charge of
a motor vehicle shall permit it to stand unattended without first stopping the
engine, locking the ignition, removing the key from the
ignition, effectively setting the brake thereon and, when standing upon any
perceptible grade, turning the front
wheels to the curb or side of the highway.
(Source: P.A. 79‑1069)
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(625 ILCS 5/11‑1402) (from Ch. 95 1/2, par. 11‑1402)
Sec. 11‑1402.
Limitations on backing.
(a) The driver of a vehicle shall not back the same unless such movement
can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder
or roadway of any
controlled‑access highway.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1403) (from Ch. 95 1/2, par. 11‑1403)
Sec. 11‑1403.
Riding on motorcycles.
(a) A person operating a
motorcycle shall ride only upon the permanent and regular seat attached
thereto, and such operator shall not carry any other person nor shall any
other person ride on a motorcycle unless such motorcycle is designed to
carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for 2 persons, or upon another seat
firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the
seat, facing forward, with one leg on each side of the motorcycle.
(c) No person shall operate any motorcycle with handlebars higher than
the height of the shoulders of the operator when the operator is seated in
the normal driving position astride that portion of the seat or saddle
occupied by the operator.
(Source: P.A. 84‑602.)
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(625 ILCS 5/11‑1403.1) (from Ch. 95 1/2, par. 11‑1403.1)
Sec. 11‑1403.1.
Riding on motorized pedalcycles.
(a) The operator of a
motorized pedalcycle shall ride only astride the permanent and regular seat
attached thereto, and shall not permit 2 persons to ride thereon at the
same time, unless the motorized pedalcycle is designed to carry 2 persons;
any motorized pedalcycle designed for 2 persons must be equipped with a
passenger seat and footrests for use of a passenger.
(b) The provisions of Article XV shall be applicable to the operation
of motorized pedalcycles, except for those provisions which by their nature
can have no application to motorized pedalcycles.
(Source: P.A. 85‑830.)
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(625 ILCS 5/11‑1403.2) (from Ch. 95 1/2, par. 11‑1403.2)
Sec. 11‑1403.2.
No person shall operate a motorcycle, motor driven
cycle, or motorized pedalcycle on one wheel.
(Source: P.A. 85‑830.)
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(625 ILCS 5/11‑1403.3) (from Ch. 95 1/2, par. 11‑1403.3)
Sec. 11‑1403.3.
Intercom helmets.
Any driver of a vehicle defined in
Section 1‑145.001, 1‑147, or 1‑148.2 of this Code may use a
helmet
equipped with
an electronic intercom system permitting 2‑way vocal communication with
drivers of any such vehicles or passengers on such vehicles.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1404) (from Ch. 95 1/2, par. 11‑1404)
Sec. 11‑1404.
Special equipment for persons riding motorcycles, motor
driven cycles or motorized pedalcycles.
(a) The operator of a motorcycle, motor
driven cycle or motorized pedalcycle and every passenger thereon shall be
protected by glasses, goggles or a transparent shield.
(b) For the purposes of this Section, glasses, goggles, and transparent
shields are defined as follows:
"Glasses" means ordinary eye pieces such as spectacles or sunglasses worn
before the eye, made of shatter‑resistant material.
Shatter‑resistant material, as used in this Section, means material so
manufactured, fabricated, or
created that it substantially prevents shattering or flying when struck or
broken.
"Goggles" means a device worn before the eyes, the predominant function of
which is protecting the eyes without obstructing peripheral vision. Goggles
shall provide protection from the front and sides, and may or may not form a
complete seal with the face.
"Transparent shield" means a windshield attached to the front of a motorcycle
that extends above the eyes when an operator is seated in the normal, upright
riding position, made of shatter‑resistant material, or a shatter‑resistant
protective face shield that covers the wearer's eyes and face at least to a
point approximately to the tip of the nose.
(c) Contact lenses are not acceptable eye protection devices.
(Source: P.A. 89‑271, eff. 1‑1‑96.)
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(625 ILCS 5/11‑1405) (from Ch. 95 1/2, par. 11‑1405)
Sec. 11‑1405.
Required equipment on motorcycles.
Any motorcycle carrying a passenger, other than in a sidecar or enclosed
cab, shall be equipped with footrests for such passenger.
(Source: P.A. 84‑602.)
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(625 ILCS 5/11‑1406) (from Ch. 95 1/2, par. 11‑1406)
Sec. 11‑1406.
Obstruction of driver's view or driving mechanism.
(a) No person shall drive a vehicle when it is so loaded, or when there
are in the front seat such a number of persons, exceeding three, as to obstruct
the view of
the driver to the front or sides of the vehicle or as to interfere with the
driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in such position as
to interfere with the driver's or motorman's view ahead or to the sides, or
to interfere with his control over the driving mechanism of the vehicle or
streetcar.
(c) No passenger on a school bus may ride or stand in a position as to
interfere with the driver's view ahead or to the side or to the rear, or to
interfere with his control of the driving mechanism of the bus.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1407) (from Ch. 95 1/2, par. 11‑1407)
Sec. 11‑1407.
Opening and closing vehicle doors.
No person shall open the door of a vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so, and can be
done without interfering with the movement of other traffic, nor shall any
person leave a door open on the side of a vehicle available to moving
traffic for a period of time longer than necessary to load or unload
passengers.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1408) (from Ch. 95 1/2, par. 11‑1408)
Sec. 11‑1408.
Riding in house trailers.
No person or persons shall occupy
a house trailer, travel trailer while it is being towed upon a public highway.
(Source: P.A. 81‑969.)
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(625 ILCS 5/11‑1409) (from Ch. 95 1/2, par. 11‑1409)
Sec. 11‑1409.
Driving on mountain highways.
The driver of a motor vehicle traveling through defiles or canyons or on
mountain highways shall hold such motor vehicle under control and as near
the right‑hand edge of the roadway as reasonably possible and,
except when driving entirely to the right of the center of the roadway,
shall give audible warning with the horn of such
motor vehicle upon approaching any curve where the view is obstructed within
a distance of 200 feet along the highway.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1410) (from Ch. 95 1/2, par. 11‑1410)
Sec. 11‑1410.
Coasting prohibited.
(a) The driver of any motor vehicle when traveling upon a down grade shall
not coast with the gears or transmission of such vehicle in neutral.
(b) The driver of a truck or bus when traveling
upon a down grade shall not coast with the clutch disengaged.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1411) (from Ch. 95 1/2, par. 11‑1411)
Sec. 11‑1411.
Following fire apparatus prohibited.
The driver of any vehicle other than one on official business shall not
follow any fire apparatus traveling in response to a fire alarm closer than
500 feet or stop such vehicle within 500 feet of any fire
apparatus stopped in answer to a fire alarm.
(Source: P.A. 79‑1069.)
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(625 ILCS 5/11‑1412) (from Ch. 95 1/2, par. 11‑1412)
Sec. 11‑1412.
Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire
department when laid down on any street, private road or driveway to be
used at any fire or alarm of fire, without the consent of the fire
department official in command.
(Source: P. A. 76‑1736.)
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(625 ILCS 5/11‑1412.1) (from Ch. 95 1/2, par. 11‑1412.1)
Sec. 11‑1412.1.
Driving upon sidewalk.
No person shall drive any vehicle
upon a sidewalk or
sidewalk area except upon a permanent or duly authorized temporary
driveway. This Section does not apply to any vehicle moved exclusively
by human power, to any electric personal assistive mobility device, nor to
any motorized wheelchair.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non‑home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92‑868, eff. 6‑1‑03.)
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(625 ILCS 5/11‑1412.2)
Sec. 11‑1412.2.
Operating an electric personal assistive mobility device
on a public sidewalk. A person may not operate an electric personal assistive
mobility device upon a public sidewalk at a speed greater than 8 miles per
hour.
Nothing in this Section shall be deemed to limit or preempt the authority of
any home rule or non‑home rule unit of local government from regulating or
prohibiting the use of electric personal assistive mobility devices.
(Source: P.A. 92‑868, eff. 6‑1‑03.)
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(625 ILCS 5/11‑1413) (from Ch. 95 1/2, par. 11‑1413)
Sec. 11‑1413.
Depositing material on highway prohibited.
(a) No person shall throw, spill or deposit upon any highway any bottle,
glass, nails, tacks, wire, cans, or any litter (as defined in Section 3 of
the Litter Control Act).
(b) Any person who violates subsection (a) upon any highway shall
immediately remove such material or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway
shall remove any glass or other debris, except any hazardous substance as
defined in Section 3.215 of the Environmental Protection Act,
hazardous waste as defined in Section 3.220 of the Environmental
Protection Act, and potentially infectious medical waste as defined in Section
3.360 of the Environmental Protection Act, dropped upon the
highway from such vehicle.
(Source: P.A. 92‑574, eff. 6‑26‑02.)
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(625 ILCS 5/11‑1414.1) (from Ch. 95 1/2, par. 11‑1414.1)
Sec. 11‑1414.1.
School transportation of students.
(a) Every student
enrolled in grade 12 or below in any entity listed in paragraph (a) of Section
1‑182 of this Code who is transported in a second division motor vehicle
owned or operated by or for that entity, in connection with any official
activity
of such entity, must be transported in a school bus or a bus described in
subparagraph (1) of paragraph (b) of Section 1‑182.
(b) This Section shall not apply to any second division vehicle being
used by such entity in a parade, homecoming or similar school activity, nor
to a motor vehicle designed for the transportation of not less than 7
nor more than 16 persons while that vehicle is being operated by or for a
public or private primary or secondary school, including any primary or
secondary school operated by a religious institution, for the purpose of
transporting not more than 15 students to and from interscholastic athletic
or other interscholastic or school sponsored activities.
(Source: P.A. 89‑132, eff. 7‑14‑95.)
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(625 ILCS 5/11‑1415) (from Ch. 95 1/2, par. 11‑1415)
Sec. 11‑1415.
School buses stopping, loading
and discharging passengers on one‑way roadways on highways having 4
or more lanes. (a) A school bus traveling on a one‑way roadway
or a highway having 4 or more lanes for vehicular traffic shall stop for
the loading or discharging of passengers only on the right side of the
highway. If the highway has 4 or more lanes and permits traffic to operate
in both directions, the school bus shall load or discharge only those
passengers whose residences are located
to the right of the highway.
The routes of school buses shall be so arranged that no child shall be
required to cross a highway of 4 or more lanes
to board a school bus or to reach such child's residence after
leaving the school bus. A school child in an urban area shall cross
a highway only at a crossing for pedestrians, except as provided in paragraph
(b) of this Section.
(b) With respect to school children crossing a highway at other than
a pedestrian crossing, this Section shall not apply when children are
escorted or controlled by competent persons designated by the school
authorities or by police officers.
(Source: P.A. 83‑905.)
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(625 ILCS 5/11‑1416) (from Ch. 95 1/2, par. 11‑1416)
Sec. 11‑1416.
Obstructing person in highways.
No person shall wilfully and unnecessarily hinder, obstruct
or delay, or wilfully and unnecessarily attempt to delay,
hinder or obstruct any other person in lawfully driving or traveling
along or upon any highway within this State or offer for
barter or sale merchandise on said highway so as to interfere with the
effective movement of traffic.
(Source: P.A. 80‑911.)
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(625 ILCS 5/11‑1417) (from Ch. 95 1/2, par. 11‑1417)
Sec. 11‑1417.
Travel regulated.
It shall be unlawful for any person to drive or cause to be driven a
vehicle of any description in or upon any portion of the highway
immediately after the same has been dragged and before such portion of the
highway shall have partially dried out or frozen; provided, that nothing in
this Section shall apply in those instances where it is impossible to drive
with safety at one side of said dragged portion of the road, or where a
vehicle does not make a rut on such dragged portion of the road, injurious
to the work accomplished by use of the road drag or where a vehicle does
not make a rut nearer than nine (9) feet from the center of the dragged
portion of the road.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/11‑1418) (from Ch. 95 1/2, par. 11‑1418)
Sec. 11‑1418.
Farm tractor operation regulated.
No person shall operate a farm tractor on a highway unless the
tractor
is being used as an implement of husbandry in connection with farming
operations.
For the purpose of this Section, use of a farm tractor as an implement
of husbandry in connection with farming operations shall be deemed to
include use of the tractor in connection with the transportation
of
agricultural products and of farm machinery, equipment and supplies as well
as transportation of the implement of husbandry from its place of purchase to
its place
of storage, in connection with the obtaining of
repairs of the implement of husbandry, and the towing of a
registered
truck not more than 8,000
pounds for use as return transportation after the tractor is left at the
place of work or repair.
(Source: P.A. 87‑1028.)
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(625 ILCS 5/11‑1419) (from Ch. 95 1/2, par. 11‑1419)
Sec. 11‑1419.
Operation of motor vehicles ‑ Duration ‑ Exceptions.
It is unlawful for any owner to require, permit or allow any
operator of any of his motor vehicles of the second division to operate any
such motor vehicle for a longer period than 10 hours following 8
consecutive hours off‑duty or drive for any period after having been on
duty 15 hours following 8 consecutive hours off‑duty, or to be or remain on
duty more than 60 hours in any 7 consecutive days, and whenever any such
operator has operated such motor vehicle for 10 hours following 8
consecutive hours off‑duty or has been on duty 15 hours following 8
consecutive hours off‑duty, he or she shall be relieved and not required,
permitted or allowed again to operate any such motor vehicle
until he or she has had at least 8 consecutive hours off‑duty. The Department of
State Police shall fix by general rule or temporary order the
circumstances and regulations under which in case of emergency or unusual
temporary demands for transportation any such operator may be permitted to
operate any such motor vehicle or to stay on duty for longer periods of
time than set by this Section.
The provisions of this Section shall not apply to any public utility in
the operation of any motor vehicle not for hire in case of emergency or in
case of unusual temporary necessity for transportation of persons or
property or safeguarding of vehicles and their loads, nor shall such
provisions apply to operation of any motor vehicle as a part of the
agricultural operations of canning, packing or freezing establishments
engaged in the growing and processing of perishable fruits and vegetables,
including the hauling of such products between fields and such canning,
packing or freezing establishments and between such establishments, nor
shall such provisions apply to operation of any motor vehicle being used
for transportation of construction materials or equipment to, on or from
construction sites within a radius of 50 miles of such construction
sites, nor to driver sales persons operating within a radius
of 50 miles of their principal place of business.
(Source: P.A. 84‑1308.)
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(625 ILCS 5/11‑1419.01) (from Ch. 95 1/2, par. 11‑1419.01)
Sec. 11‑1419.01.
Operating without a valid single trip permit.
If a single
trip permit is
required by Section 13a.5 of the
Motor Fuel Tax Law, a motor carrier shall not operate in
Illinois without a single
trip permit issued by the Department of Revenue or its agents.
If a
commercial motor vehicle is found operating in Illinois without displaying a
required valid single trip permit, the operator is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
(Source: P.A. 88‑669, eff. 11‑29‑94; 89‑399, eff. 8‑20‑95.)
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(625 ILCS 5/11‑1419.02) (from Ch. 95 1/2, par. 11‑1419.02)
Sec. 11‑1419.02.
Failure to display a valid motor fuel use tax license.
(a) If required by Section 13a.4 of the Motor Fuel Tax Law,
every valid motor
fuel use tax license, or an authorized reproduction, shall at all times be
carried in the cab of the vehicle. The operator shall display the license or
reproduction upon
demand of a police officer or agent of the Department of Revenue. An operator
who
fails to display a valid motor fuel use tax license is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
(b) As used in this Section:
"Display" means the
manual surrender of
the motor fuel use tax license into the hands of the demanding officer or agent
for inspection.
"Motor fuel use tax license" means a motor
fuel
use tax license issued by the Department of Revenue or by any member
jurisdiction under
the International Fuel Tax Agreement, or a valid 30 day International Fuel Tax
Agreement temporary permit.
(Source: P.A. 88‑669, eff. 11‑29‑94; 89‑399, eff. 8‑20‑95.)
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(625 ILCS 5/11‑1419.03)
Sec. 11‑1419.03.
Failure to Display Valid External Motor Fuel Use Tax
Decals.
(a) Except as provided in the Motor Fuel Tax Law, a
motor carrier
shall not operate or cause to be operated a commercial motor vehicle upon
the
highways of this State unless there is properly affixed to that commercial
vehicle 2 valid external motor use tax decals required by
Section 13a.4 of the Motor Fuel Tax Law. An operator who operates a commercial
motor
vehicle without 2 properly displayed valid external motor
fuel use tax decals is guilty of a petty offense as provided in Section 13a.6
of the Motor Fuel Tax Law. A valid 30‑day International
Fuel Tax Agreement temporary permit may be displayed instead of decals during
the temporary period specified on the permit.
(b) As used in this Section:
"Properly displayed" means 2
motor fuel use tax decals, one placed on each side of the exterior
of the cab. In the case of transporters, manufacturers,
dealers, or
driveaway operations, the decals need not be permanently
affixed but may be
temporarily displayed in a visible manner on the exterior sides of the cab.
"Commercial motor vehicle" means a motor
vehicle used, designed, or maintained for the transportation of people or
property and either having 2 axles and a gross vehicle weight or registered
gross vehicle weight exceeding 26,000 pounds or 11,793 kilograms, or having
3 or more axles regardless of weight, or that is used in combination, when
the weight of the combination exceeds 26,000 pounds or 11,793 kilograms gross
vehicle weight or registered gross vehicle weight except for motor vehicles
operated by this State or the United States, recreational vehicles, school
buses, and commercial motor vehicles operated solely within this State for
which all motor fuel is purchased within this State.
"Motor carrier" means any
person who operates or causes to be operated any commercial motor vehicle on
any highway within this State.
(Source: P.A. 88‑669, eff. 11‑29‑94; 89‑399, eff. 8‑20‑95.)
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(625 ILCS 5/11‑1419.04)
Sec. 11‑1419.04.
Failure to carry a manifest.
Any person who acts as a
motor carrier and who fails to carry a manifest as provided in Section 5.5 of
the Motor Fuel Tax Law is guilty of a Class A misdemeanor. For each subsequent
offense, the person is guilty of a Class 4 felony.
(Source: P.A. 89‑399, eff. 8‑20‑95.)
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(625 ILCS 5/11‑1419.05)
Sec. 11‑1419.05.
A motor carrier shall not operate or cause to be
operated a commercial motor vehicle upon the highways of this State with a
revoked motor fuel use tax license. Any person who operates a commercial
motor vehicle with a revoked motor fuel use tax license is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
When a commercial motor vehicle is found to be operating in Illinois
with a revoked motor fuel use tax license, the vehicle shall be placed out of
service and not allowed to operate in Illinois until the motor fuel use tax
license is reinstated.
(Source: P.A. 91‑173, eff. 1‑1‑00.)
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(625 ILCS 5/11‑1420) (from Ch. 95 1/2, par. 11‑1420)
Sec. 11‑1420.
Funeral processions.
(a) Funeral processions have the right‑of‑way at intersections when
vehicles comprising such procession have their headlights lighted,
subject
to the following conditions and exceptions:
1. Operators of vehicles in a funeral procession | ||
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2. Operators of vehicles in a funeral procession | ||
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3. The operator of the leading vehicle in a funeral | ||
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(b) The operator of a vehicle not in the funeral procession shall not
drive his vehicle in the funeral procession except when authorized to do so
by a traffic officer or when such vehicle is an authorized emergency
vehicle giving audible or visible signal.
(c) Operators of vehicles not a part of a funeral procession may not
form a procession or convoy and have their headlights lighted
for the
purpose of securing the right‑of‑way granted by this Section to funeral
processions.
(d) The operator of a vehicle not in a funeral procession may overtake
and pass the vehicles in such procession if such overtaking and passing can
be accomplished without causing a traffic hazard or interfering with such
procession.
(e) The lead vehicle in the funeral procession may be equipped with a
flashing amber light which may be used only when such vehicle is used as a
lead vehicle in such procession. Vehicles comprising a funeral procession
may utilize funeral pennants or flags or windshield stickers or flashing
hazard warning signal flashers to identify
the individual vehicles in such a procession.
(Source: P.A. 90‑58, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1421) (from Ch. 95 1/2, par. 11‑1421)
Sec. 11‑1421.
Conditions for operating ambulances and rescue vehicles.
(a) No person shall operate an ambulance or rescue vehicle
in a manner not conforming to the motor vehicle laws
and regulations of this State or of any political subdivision of this State
as such laws and regulations apply to motor vehicles in
general, unless in compliance with the following conditions:
1. The person operating the ambulance shall be | ||
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2. The ambulance or rescue vehicle shall be | ||
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3. The aforesaid siren and lamp or lamps shall be in | ||
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4. Whenever the ambulance or rescue vehicle is | ||
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5. The ambulance shall display registration plates | ||
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(b) The foregoing provisions do not relieve the driver of an ambulance
or rescue vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the consequences
resulting from the reckless disregard for the safety of others.
(Source: P.A. 88‑517.)
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(625 ILCS 5/11‑1422) (from Ch. 95 1/2, par. 11‑1422)
Sec. 11‑1422.
Illegal operation of an ambulance or rescue vehicle
‑ Penalty. A person who operates an ambulance or rescue vehicle
in violation of Section 11‑1421 shall be subject to the
penalty prescribed by the applicable law, regulation or ordinance
of this State or any political subdivision thereof.
(Source: P.A. 83‑831.)
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(625 ILCS 5/11‑1423) (from Ch. 95 1/2, par. 11‑1423)
Sec. 11‑1423.
Passengers boarding or exiting a school bus.
(a) At all pick‑up points where it is necessary for a school bus
passenger to cross the roadway to board the bus, the school bus driver
shall signal the awaiting passenger when it is safe to cross the roadway
ahead of the bus.
(b) At all discharge points where it is necessary for a school bus
passenger to cross the roadway, the school bus driver shall direct the
passenger to a point approximately 10 feet in front of the bus on the
shoulder and shall then signal the passenger when it is safe to cross the
roadway.
(Source: P.A. 78‑1244.)
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(625 ILCS 5/11‑1424) (from Ch. 95 1/2, par. 11‑1424)
Sec. 11‑1424.
Operation of a religious organization bus.
(a) No religious organization bus may be operated on any street or highway
unless all passengers, except for supervisory personnel, are seated in
seats permanently mounted to the vehicle, and the aisle of the bus is
kept clean and open.
(b) No religious organization bus may be operated on any street or
highway while carrying more than the manufacturer's rated passenger capacity
for such bus, or at a gross weight in excess of the chassis manufacturer's
gross
vehicle weight rating (GVWR) or gross axle weight rating (GAWR), or in
excess of the weight load ratings of the tires on such bus. For buses
or tires on which the manufacturer has not shown such ratings, by a
label, embossment, molding or equivalent means, the Department shall
provide, or assist in obtaining, the necessary ratings and may publish
such ratings.
(c) In loading or unloading passengers, the religious organization
bus driver shall stop the bus out of the lane of moving traffic at any
bus stop, officially designated as such by government authorities or in
a parking lane on the pavement of the highway or on the shoulder off of
the highway, if wide enough to permit the safe loading or unloading of
passengers. If, however, there is no such bus stop, parking lane or
shoulder within 50 feet of the residence or temporary residence of the
passenger transported or to be transported by the bus or within 50 feet
of the religious facility, the driver may stop the bus on the pavement
of the highway after activating unison amber warning lights for not
less than 200 feet before the bus is brought to a stop and while
passengers are being loaded or unloaded, or if the bus is equipped as a
school bus and meets the requirements of Article VIII of this Act, by
complying with the subsections (b), (c) and (d) of Section 11‑1414.
(d) At all pickup points where it is necessary for a religious
organization bus passenger under the age of 12 years to cross the
roadway to board the bus, a responsible supervisor on the bus shall
personally escort the awaiting passenger when it is safe to cross the
roadway ahead of the bus.
(e) At all discharge points where it is necessary for a religious
organization bus passenger under the age of 12 to cross the roadway, a
responsible supervisor on the bus shall personally escort the passenger
to a point approximately 10 feet in front of the bus on the shoulder and
then, when it is safe to cross the roadway, across the roadway to a
place of safety.
(f) If a school bus is used by a religious organization bus for the
purposes specified in subsection (a) of Section 1‑111.1a and
activates
the visual signals as required by subsections (b), (c) and (d) of
Section 11‑1414 when picking up or discharging passengers, compliance
with subsections (d) and (e) of this Section is optional.
(Source: P.A. 90‑89, eff. 1‑1‑98 .)
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(625 ILCS 5/11‑1425) (from Ch. 95 1/2, par. 11‑1425)
Sec. 11‑1425.
Stop when traffic obstructed.
(a) No driver shall enter an
intersection or a marked crosswalk or drive onto any railroad grade
crossing unless there is sufficient space on the other side of the
intersection, crosswalk or railroad grade crossing to accommodate the
vehicle he is operating without obstructing the passage of other
vehicles, pedestrians or railroad trains notwithstanding any
traffic‑control signal indication to proceed.
(b) No driver shall enter a highway rail grade crossing unless there is
sufficient space on
the other side of the highway rail grade crossing to accommodate the vehicle
being
operated without obstructing the passage of a train or other railroad equipment
using the
rails, notwithstanding any traffic‑control signal indication to proceed. Any
person found
in violation of subsection (b) shall be subject to a mandatory fine of $500 or
50 hours of
community service.
(c) Local authorities shall impose fines as established in subsection (b)
for persons found
in violation of this Section or any similar local ordinance.
(Source: P.A. 91‑532, eff. 1‑1‑00.)
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(625 ILCS 5/11‑1426) (from Ch. 95 1/2, par. 11‑1426)
Sec. 11‑1426.
Operation of all‑terrain vehicles and off‑highway
motorcycles on streets, roads and highways.
(a) Except as provided under this Section, it shall be unlawful for
any person to drive or operate any all‑terrain vehicle or off‑highway
motorcycle upon any street, highway or roadway in this State.
(b) Except as provided under subsection (c) of this Section, all‑terrain
vehicles and off‑highway motorcycles may make a direct crossing provided:
(1) The crossing is made at an angle of | ||
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(2) The all‑terrain vehicle or off‑highway | ||
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(3) The operator of the all‑terrain vehicle or | ||
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(4) That when crossing a divided highway, the | ||
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(5) That when accessing township roadways in | ||
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(c) No person operating an all‑terrain vehicle or off‑highway motorcycle
shall make a direct crossing upon or across any tollroad, interstate
highway, or controlled access highway in this State.
(d) The corporate authorities of a county, road district, township, city,
village, or incorporated town may adopt ordinances or resolutions allowing
all‑terrain vehicles and off‑highway motorcycles to be operated on roadways
under their jurisdiction, designated by signs as may be prescribed by the
Department, when it is necessary to cross a bridge or culvert or when it is
impracticable to gain immediate access to an area adjacent to a highway where
an all‑terrain vehicle or off‑highway motorcycle is to be operated. The
crossing shall be made in the same direction as traffic.
(e) The corporate authorities of a county, road district, township, city,
village, or incorporated town may adopt ordinances or resolutions designating
one or more specific public highways or streets under their jurisdiction as
egress and ingress routes for the use of all‑terrain vehicles and off‑highway
motorcycles. Operation of all‑terrain vehicles and off‑highway motorcycles on
the routes shall be in the same direction as traffic. Corporate authorities
acting under the authority of this subsection (e) shall erect and maintain
signs, as may be prescribed by the Department, giving proper notice of the
designation.
(Source: P.A. 89‑445, eff. 2‑7‑96; 90‑287, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1427)
Sec. 11‑1427.
Illegal operation of an all‑terrain vehicle
or off‑highway motorcycle. It is unlawful for any person to drive
or operate any all‑terrain vehicle or off‑highway motorcycle in the following
ways:
(a) Careless Operation. No person shall operate any all‑terrain vehicle
or off‑highway motorcycle in a careless or heedless manner so as to be
grossly indifferent to the person or property of other persons, or at a
rate of speed greater than will permit him in the exercise of reasonable
care to bring the all‑terrain vehicle or off‑highway motorcycle to a stop
within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any all‑terrain vehicle
or off‑highway motorcycle in such a manner as to endanger the life, limb or
property of any person.
(c) Within any nature preserve as defined in Section 3.11 of the
Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating railroad.
(e) In any tree nursery or planting in a manner which damages or
destroys growing stock, or creates a substantial risk thereto.
(f) On private property, without the written or verbal consent of the
owner or lessee thereof. Any person operating an all‑terrain vehicle or off‑highway
motorcycle upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if requested to do
so by the landowner shall promptly remove the all‑terrain vehicle or
off‑highway motorcycle from the premises.
(g) Notwithstanding any other law to the contrary, an owner, lessee,
or occupant of premises owes no duty of care to keep
the premises safe for entry or use by others for use by an all‑terrain
vehicle or off‑highway motorcycle, or to
give warning of any condition, use, structure or activity
on such premises.
This subsection does not apply where permission to drive or operate an
all‑terrain vehicle or off‑highway motorcycle
is given for a valuable consideration other than to this
State, any political subdivision or municipality of this State, or any
landowner
who is paid with funds from the Off‑Highway Vehicle Trails Fund. In
the case of land leased to the State or a subdivision of the State, any
consideration received is not valuable consideration within the meaning of
this Section.
Nothing in this subsection limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
(h) On publicly owned lands unless such lands are designated for use by
all‑terrain vehicles or off‑highway motorcycles.
For publicly owned lands to be designated for use by all‑terrain vehicles
or off‑highway motorcycles a public hearing shall be conducted by the
governmental entity that has jurisdiction over the proposed land
prior to the designation.
Nothing in this subsection limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
(h‑1) At a rate of speed too fast for conditions, and the fact that the
speed of the all‑terrain vehicle or off‑highway motorcycle does not exceed the
applicable maximum speed
limit allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person, vehicle,
or object within legal requirements and the duty of all persons to use
due care.
(h‑2) On the frozen surface of public waters of this State within 100
feet of a person, including a skater, not in or upon an
all‑terrain vehicle or off‑highway motorcycle; within
100 feet of a person engaged in fishing, except at the minimum speed
required to maintain forward movement of the all‑terrain vehicle or off‑highway
motorcycle; on an area
which has been cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
(h‑3) Within 100 feet of a dwelling between midnight and 6 a.m. at a
speed greater than the minimum required to maintain forward movement of
the all‑terrain vehicle or off‑highway motorcycle. This subdivision (h‑5) does
not
apply on private property
where verbal or written consent of the owner or lessee has been granted
to drive or operate an all‑terrain vehicle or off‑highway motorcycle upon the
private property or frozen waters of this State.
(i) Other Prohibitions.
(1) No person, except persons permitted by law, | ||
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(2) No person shall operate any all‑terrain vehicle | ||
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(3) No person shall deposit from an all‑terrain | ||
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(Source: P.A. 90‑14, eff. 9‑1‑97; 90‑287, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1427.1)
Sec. 11‑1427.1.
Operation of an all‑terrain vehicle or off‑highway
motorcycle on ice. All‑terrain vehicles and off‑highway motorcycles
may be operated on the frozen waters of this State subject
to the provisions of this Section and the rules of the
Department of Natural Resources.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1427.2)
Sec. 11‑1427.2.
Special all‑terrain vehicle or off‑highway motorcycle
event. Nothing contained in Section 11‑1426, 11‑1427, or 11‑1427.1 shall be
construed to
prohibit any
local authority of this State from designating a special all‑terrain vehicle or
off‑highway motorcycle event.
In such case the provisions of Sections 11‑1426, 11‑1427, and 11‑1427.1 shall
not apply
to
areas or
highways under the jurisdiction of that local authority.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1427.4)
Sec. 11‑1427.4.
Signal from officer to stop.
An all‑terrain vehicle or
off‑highway motorcycle operator, after having received a visual or audible
signal from a law enforcement officer to come to a stop, may not:
(1) operate an all‑terrain vehicle or off‑highway motorcycle in willful or
wanton disregard of the signal to stop;
(2) interfere with or endanger the law enforcement officer or another person
or vehicle; or
(3) increase speed or attempt to flee or elude the officer.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(625 ILCS 5/11‑1428) (from Ch. 95 1/2, par. 11‑1428)
Sec. 11‑1428.
Operation of golf carts on streets, roads and highways.
(a) Except as otherwise provided in this Section, it shall be unlawful
for any person to drive or operate any golf cart
upon any street, highway or roadway in this State.
(b) Except as provided under subsection (c) of this
Section, golf carts
may make a direct crossing over a street, highway or roadway that runs
through a golf course provided:
(1) The crossing is made at an interchange approved | ||
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(2) The golf cart is brought to a complete stop | ||
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(3) The operator of the golf cart yields the right | ||
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(4) There is no tunnel or overpass ramp provided for | ||
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(c) No person operating a golf cart shall make a direct crossing upon or
across any highway under the jurisdiction of the State, tollroad,
interstate highway, or controlled access highway in this State.
(d) For purposes of this Section, "golf cart" means a vehicle
specifically designed and intended for the purposes of transporting
one or more persons and their golf clubs or maintenance equipment while
engaged in the playing of golf, supervising the play of golf, or
maintaining the condition of the grounds on a public or private golf course.
(e) Subject to subsection (b),
a municipality, township, county, or other unit of local government may
authorize, by ordinance or resolution, the operation of golf carts on roadways
under their respective jurisdictions. The Department may authorize
the operation of golf carts on the roadways under its jurisdiction.
Before permitting the operation of golf carts on its roadway,
a municipality, township, county, other unit of local government, or the
Department must consider the volume, speed, and character of traffic on the
roadway and determine whether golf carts may safely travel on or cross the
roadway. Upon determining that golf carts may safely operate on a roadway and
the adoption of an ordinance or resolution by a municipality, township, county
or other unit of local government, or authorization by the Department,
appropriate signs shall be posted.
If a roadway is under the jurisdiction of more than one unit of government,
golf carts may not be operated on the roadway unless each
unit of government
agrees and takes action as provided in this subsection.
No golf cart may be operated on a roadway unless, at a minimum, it has
the following: brakes, a steering apparatus, tires, a rearview mirror, red
reflectorized warning devices in the front and rear, a slow moving emblem (as
required of other vehicles in Section 12‑709) on the rear of the golf cart, a
headlight that
emits a
white light visible from a distance of 500 feet to the front, a tail lamp that
emits a
red light visible from at least 100 feet from the rear, brake lights, and turn
signals. When operated on a roadway, a golf cart shall have its headlight and
tail lamps lighted as required by Section 12‑201.
(f) A person who drives or is in actual physical control of a golf cart on a
roadway while under the influence is subject to Section 11‑500 through
11‑502.
(Source: P.A. 90‑683, eff. 1‑1‑99.)
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(2) the motor vehicle idles while forced to remain | ||
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(3) the motor vehicle idles when operating | ||
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(4) a police, fire, ambulance, public safety, other | ||
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(5) the primary propulsion engine idles for | ||
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(6) a motor vehicle idles as part of a government | ||
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(7) when idling of the motor vehicle is required to | ||
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(8) an armored motor vehicle idles when a person | ||
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(9) a bus idles a maximum of 15 minutes in any 60 | ||
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(10) if the motor vehicle has a sleeping berth, when | ||
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(11) when the motor vehicle idles due to mechanical | ||
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(12) the motor vehicle is used as airport ground | ||
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(13) the motor vehicle is (i) a bus owned by a public | ||
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(14) the motor vehicle is an implement of husbandry | ||
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(15) the motor vehicle is owned by an electric | ||
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(16) the outdoor temperature is less than 32 degrees | ||
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(d) When the outdoor temperature is 32 degrees Fahrenheit | ||
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(e) This Section does not prohibit the operation of an auxiliary power unit or generator set as an alternative to idling the main engine of a motor vehicle operating on diesel fuel.
(f) This Section does not apply to the owner of a motor vehicle rented or leased to another entity or person operating the vehicle. (g) Any person convicted of any violation of this Section is guilty of
a petty offense and shall be fined $50 for the first
conviction and $150 for a second or subsequent conviction
within any 12 month period.
(Source: P.A. 94‑845, eff. 7‑1‑06.) |
(625 ILCS 5/11‑1501) (from Ch. 95 1/2, par. 11‑1501)
Sec. 11‑1501.
Application of rules.
(a) It is unlawful for any person to
do any act forbidden or fail to perform any act required in Article XV of
Chapter 11 of this Code.
(b) The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any such child or ward to violate any of
the provisions of this Code.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1502) (from Ch. 95 1/2, par. 11‑1502)
Sec. 11‑1502.
Traffic laws apply to persons riding
bicycles. Every person riding a bicycle upon a highway shall be
granted all of the rights and shall be subject to all of
the duties applicable to the driver of a vehicle by this
Code, except as to special regulations in this Article XV
and except as to those provisions of this Code which by their
nature can have no application.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1503) (from Ch. 95 1/2, par. 11‑1503)
Sec. 11‑1503.
Riding on bicycles.
(a) A person propelling a bicycle
shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped, except that an adult rider
may carry a child securely attached to his person in a back pack or sling.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1504) (from Ch. 95 1/2, par. 11‑1504)
Sec. 11‑1504.
Clinging to vehicles.
No person riding upon any bicycle,
coaster, roller skates,
sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1505) (from Ch. 95 1/2, par. 11‑1505)
Sec. 11‑1505.
Position of bicycles and motorized pedal cycles on
roadways ‑Riding on roadways and bicycle paths.
(a) Any person operating a bicycle or motorized
pedal cycle upon a
roadway at less than the normal speed of traffic at the time and place and
under the conditions
then existing
shall ride as close as practicable to the right‑hand curb or edge of the
roadway except under the following situations:
1. When overtaking and passing another bicycle, motorized pedal
cycle or vehicle proceeding in
the same direction; or
2. When preparing for a left turn at an intersection or into
a private road or driveway; or
3. When reasonably necessary to avoid conditions including,
but not limited to, fixed or moving objects, parked or moving vehicles,
bicycles, motorized pedal cycles, pedestrians,
animals, surface hazards, or substandard width lanes that make it unsafe
to continue along the right‑hand curb or edge. For purposes of this subsection,
a "substandard width lane" means a lane that is too narrow for a bicycle
or motorized pedal cycle
and a vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle or motorized pedal cycle upon a one‑way
highway with two or
more marked traffic lanes may ride as near the left‑hand curb or edge of
such roadway as practicable.
(Source: P.A. 83‑549.)
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(625 ILCS 5/11‑1505.1) (from Ch. 95 1/2, par. 11‑1505.1)
Sec. 11‑1505.1.
Persons riding bicycles or motorized pedal cycles upon
a roadway shall not ride more than 2 abreast, except on paths or parts of
roadways set aside for their exclusive use. Persons riding 2 abreast shall
not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane subject to the provisions of
Section 11‑1505.
(Source: P.A. 83‑549.)
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(625 ILCS 5/11‑1506) (from Ch. 95 1/2, par. 11‑1506)
Sec. 11‑1506.
Carrying articles.
No person operating a bicycle shall
carry any package,
bundle or article which prevents the use of both hands in the control
and operation of the bicycle. A person operating a bicycle shall keep at
least one hand on the handlebars at all times.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1507) (from Ch. 95 1/2, par. 11‑1507)
Sec. 11‑1507.
Lamps and other equipment on bicycles.
(a) Every bicycle
when in use at nighttime shall be equipped with a
lamp on the front which shall emit a white light visible from a distance
of at least 500 feet to the front and with a red reflector on the rear
of a type approved by the Department which shall be visible from all
distances from 100 feet to 600 feet to the rear when directly in front
of lawful lower beams of headlamps on a motor vehicle. A lamp emitting
a red light visible from a distance of 500 feet to the rear may be used
in addition to the red reflector.
(b) A bicycle shall not be equipped with nor shall any person use
upon a bicycle any siren.
(c) Every bicycle shall be equipped with a brake which will
adequately control movement of and stop and hold such bicycle.
(d) No person shall sell a new bicycle or pedal for use on a bicycle
that is not equipped with a reflex reflector conforming to
specifications prescribed by the Department, on each pedal, visible from
the front and rear of the bicycle during darkness from a distance of 200
feet.
(e) No person shall sell or offer for sale a new bicycle that is not
equipped with side reflectors. Such reflectors shall be visible from
each side of the bicycle from a distance of 500 feet and shall be essentially
colorless or red to
the rear of the center of the bicycle and essentially colorless or amber
to the front of the
center of the bicycle provided. The requirements of this paragraph may
be met by reflective materials which shall be at least 3/16 of an inch
wide on each side of each tire or rim to indicate as clearly as possible
the continuous circular shape and size of the tires or rims of such
bicycle and which reflective materials may be of the same color on both
the front and rear tire or rim. Such reflectors shall conform to
specifications prescribed by the Department.
(f) No person shall sell or offer for sale a new bicycle that is not
equipped with an essentially colorless front‑facing reflector.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1507.1) (from Ch. 95 1/2, par. 11‑1507.1)
Sec. 11‑1507.1.
Lamps on motorized pedalcycles.
Every motorized
pedalcycle, when in use at nighttime, shall be equipped with a lamp on
the front which shall emit a white light visible from a distance of at
least 500 feet to the front, and with a red reflector on the rear of a
type approved by the Department which shall be visible from all
distances from 100 feet to 600 feet to the rear when in front of lawful,
low‑powered beams of head lamps on a motor vehicle. A lamp emitting a
red light visible from a distance of 500 feet to the rear may be used in
addition to the red reflector.
(Source: P.A. 80‑262.)
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(625 ILCS 5/11‑1508) (from Ch. 95 1/2, par. 11‑1508)
Sec. 11‑1508.
Bicycle identifying number.
A person engaged in the business
of selling bicycles at retail shall not sell any bicycle unless the bicycle
has an identifying number permanently stamped or cast on its frame.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1509) (from Ch. 95 1/2, par. 11‑1509)
Sec. 11‑1509.
Inspecting bicycles.
A uniformed police officer may at
any time upon reasonable cause to believe that a bicycle is unsafe or not
equipped as required by law, or that its equipment is not in proper adjustment
or repair, require the person riding the bicycle to stop and submit the
bicycle to an inspection and such test with reference thereto as may be appropriate.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1510) (from Ch. 95 1/2, par. 11‑1510)
Sec. 11‑1510.
Left Turns.
(a) A person riding a bicycle or motorized
pedalcycle intending to turn left shall follow a course described in
Section 11‑801 or in paragraph (b) of this Section.
(b) A person riding a bicycle or motorized pedalcycle intending to turn
left shall approach the
turn as close as practicable to the right curb or edge of the roadway.
After proceeding across the intersecting roadway to the far corner of the
curb or intersection of the roadway edges, the bicyclist or motorized
pedalcycle driver shall stop, as much as practicable out of the way of
traffic. After stopping the person shall yield to any traffic proceeding
in either direction along the roadway such person had been using. After
yielding, the bicycle or motorized pedalcycle driver
shall comply with any official
traffic control device or police officer regulating traffic on the highway
along which he intends to proceed, and the bicyclist or motorized pedalcycle
driver may proceed in the new direction.
(c) Notwithstanding the foregoing provisions, the Department
and local authorities in their respective jurisdictions may cause official
traffic‑control devices to be placed and thereby require and direct that
a specific course be traveled by turning bicycles and motorized pedalcycles,
and when such devices are so placed, no person shall turn a bicycle or
motorized pedalcycle other than as directed and required by such devices.
(Source: P.A. 85‑951.)
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(625 ILCS 5/11‑1511) (from Ch. 95 1/2, par. 11‑1511)
Sec. 11‑1511.
Turn and stop signals.
(a) Except as provided in this Section,
a person riding a bicycle shall comply with Section 11‑804.
(b) A signal of intention to turn right or left when required shall be
given during not less than the last 100 feet traveled by the bicycle before
turning, and shall be given while the bicycle is stopped waiting to turn.
A signal by hand and arm need not be given continuously if the hand is needed
in the control or operation of the bicycle.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1512) (from Ch. 95 1/2, par. 11‑1512)
Sec. 11‑1512.
Bicycles on sidewalks.
(a) A person propelling a bicycle
upon and along a sidewalk, or across a roadway upon and along a crosswalk,
shall yield the right of way to any pedestrian and shall give audible signal
before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across
a roadway upon and along a crosswalk, where such use of bicycles is prohibited
by official traffic‑control devices.
(c) A person propelling a bicycle upon and along a sidewalk, or across
a roadway upon and along a crosswalk, shall have all the rights and duties
applicable to a pedestrian under the same circumstances.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1513) (from Ch. 95 1/2, par. 11‑1513)
Sec. 11‑1513.
Bicycle parking.
(a) A person may park a bicycle on
a sidewalk unless prohibited or restricted by an official traffic‑control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable
movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or
edge of the roadway at any location where parking is allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle
or bicycles near the side of the roadway at any location where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as
to obstruct the movement of a legally parked motor vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall
conform with the provisions of this Code regulating the parking of vehicles.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1514) (from Ch. 95 1/2, par. 11‑1514)
Sec. 11‑1514.
Bicycle racing.
(a) Bicycle racing on a highway shall
not be unlawful when a racing event has been approved by State or local
authorities on any highway under their respective jurisdictions. Approval
of bicycle highway racing events shall be granted only under conditions
which assure reasonable safety for all race participants, spectators and
other highways users, and which prevent unreasonable interference with traffic
flow which would seriously inconvenience other highway users.
(b) By agreement with the approving authority, participants in an approved
bicycle highway racing event may be exempted from compliance with any traffic
laws otherwise applicable thereto, provided that traffic control is adequate
to assure the safety of all highway users.
(Source: P.A. 82‑132.)
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(625 ILCS 5/11‑1515) (from Ch. 95 1/2, par. 11‑1515)
Sec. 11‑1515.
No person, firm, or corporation shall operate a
commercial bicycle messenger service in a city with a population of more
than 2,000,000 unless the bicycles used are covered by a liability
insurance policy at the expense of the person, firm, or corporation. The
insurance policy shall be issued in amounts no less than the minimum
amounts set for bodily injury or death and for destruction of property
under Section 7‑203 of this Code. No insurer other than an insurer
authorized to do business in this State shall issue a policy under this
Section.
(Source: P.A. 87‑1203.)
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