Illinois Traffic Laws 2010

SB0148 – Introduced 1/30/09 EFFECTIVE January 1, 2010

Public Act 96-0478 Automated Enforcement

Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission, in cooperating with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a notice of violation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides for civil adjudication of violations, in the same manner as automated red light violations. Provides that a civil fine of $250 shall be imposed for a first violation. Provides that a civil fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State shall suspend the driving privileges of the registered owner of a vehicle that is involved in 5 of these violations for which the fine imposed has not been paid.

SB0236 – Introduced 2/4/09 EFFECTIVE January 1, 2010
625 ILCS 5/1-140.10 new
625 ILCS 5/1-146
625 ILCS 5/11-1516 new
Public Act 96-0125 Low Speed Electric Bike

Amends the Illinois Vehicle Code. Defines a low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Excludes low-speed electric bicycles from the definition of “motor vehicle”. Provides that a person may operate a low-speed electric bicycle only if the person has a valid current Illinois driver’s license, regardless of classification, and the person is at least 16 years of age. Prohibits operation of a low-speed electric bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. Prohibits operation of a low-speed electric bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric bicycles.

SB0243 – Introduced 2/4/09 EFFECTIVE January 1, 2010
625 ILCS 5/12-612
Public Act 96-0202 Secret Compartments

Amends the Illinois Vehicle Code. Provides that it is unlawful for any person to (1) own or operate with criminal intent any vehicle (rather than motor vehicle) he or she knows to contain a false or secret compartment that is used or has been used to conceal a firearm as prohibited by the Criminal Code of 1961, or controlled substance as prohibited by the Illinois Controlled Substance Act or the Methamphetamine Control and Community Protection Act; or (2) to install, create, build, or fabricate in any vehicle (rather than motor vehicle) a false or secret compartment knowing that another person intends to use the compartment to conceal a firearm as prohibited by the Criminal Code of 1961, or controlled substance as prohibited by the Illinois Controlled Substance Act or the Methamphetamine Control and Community Protection Act. Defines the term “false or secret compartment” to mean an enclosure integrated into the vehicle that is a modification of the vehicle as built by the original manufacturer (rather than any enclosure integrated into the vehicle that is intended and designed to be used to conceal, hide, and prevent discovery by law enforcement officers of the compartment or its contents.) Establishes that the term “vehicle” means, but is not limited to, any private or commercial car, truck, bus, aircraft or watercraft.

SB1341 – Introduced 2/10/09 EFFECTIVE January 1, 2010
625 ILCS 5/16-104c; 705 ILCS 105/27.5
705 ILCS 105/27.6 and 730 ILCS 5/5-6-1
Public Act 96-0625 Court Supervision Fees

Amends the Illinois Vehicle Code, Clerks of Courts Act, and the Unified Code of Corrections to provide that any person who receives court supervision shall pay an additional fee of $30 (instead of $20). Provides that any person who receives a disposition of court supervision for a Vehicle Code violation or a similar local ordinance shall pay an additional fee of $30 (instead of $20).

SB1450 – Introduced2/18/2009 EFFECTIVE January 1, 2010
625 ILCS 5/15-102 Motor Vehicle Width 

Amends the Illinois Vehicle Code to change the maximum width for a motor vehicle or its load on the highways of this State from 8 feet wide to 8 feet, 6 inches wide.

SB1541 – Introduced 2/18/2009 EFFECTIVE January 1, 2010
625 ILCS 5/11-1301.2
625 ILCS 5/11-1301.3
Public Act 96-0072 Disabled Parking 

McHenry County Worker's Compensation, Retalitory DischargeAmends the Illinois Vehicle Code. Provides that a special parking decal or device for a person with disabilities may be used by the authorized holder, rather than the special parking decal or device being the property of the person with disabilities. Removes language concerning the revocation or suspension of a person’s driving privileges and revocation of disability license plates or parking decals or devices for violation of provisions concerning the unauthorized use of parking places reserved for persons with disabilities because similar language appears elsewhere in those provisions. Provides that a police officer may seize the parking decal or device from any person who commits a violation of the unauthorized use of parking places reserved for persons with disabilities provision, may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of that provision, and may seize the disability license plate upon authorization from the Secretary of State.

SB1586 – Introduced 2/19/2009 EFFECTIVE January 1, 2010
625 ILCS 5/3-303
625 ILCS 5/3-304
Public Act 96-0330 Salvage Vehicle

Amends the Illinois Vehicle Code. Requires applicants for a certificate of title for a rebuilt vehicle that have personally rebuilt or supervised the rebuild of the vehicle to sign a written affirmation stating that the applicant is a licensed rebuilder (rather than providing no requirement that the applicant to be a licensed rebuilder). Provides that if an applicant for certificate of title for a rebuilt vehicle has contracted with a licensed rebuilder for the rebuild of the vehicle, a copy of the contract and a statement from the rebuilder, in a form designated by the Secretary of State, certifying that all of the supporting documentation and the contents of the application for certificate of title are, to the best of the rebuilder’s knowledge and belief, complete, true, and correct are required to complete the application.

SB 1866 – Introduced 2/20/2009 EFFECTIVE January 1, 2010
625 ILCS 5/1-140.7
Public Act 96-0653 Low Speed Vehicle

Amends the Illinois Vehicle Code. Defines a “low-speed vehicle” as any 4-wheeled vehicle with a maximum speed greater than 20 miles per hour but not greater than 25 miles per hour, that conforms with federal motor vehicle safety standards set forth for that vehicle. Provides the fee for a certificate of title for a low-speed vehicle is $30 and the registration fee is $18. Removes the requirement that the Secretary of State issue distinctive license plates for electric vehicles and adds the requirement the Secretary of State issue distinctive license plates for low-speed vehicles. Provides rules for the operation of a low-speed vehicle on streets. Provides that it is lawful for any person to drive or operate a low-speed vehicle upon any street in this State where the posted speed limit is 30 miles per hour or less and cross a street that has a posted speed limit of 45 mph or less, unless the Department of Transportation or a unit of local government prohibits the operation of low-speed vehicles on streets by regulation, resolution, or ordinance. Provides that operators of low-speed vehicles operated on streets must have a driver’s license and are subject to the mandatory insurance provisions of the Illinois Vehicle Code.

SB1958 – Introduced 2/20/2009 EFFECTIVE January 1, 2010
Public Act 96-0487 Custom Vehicles

Amends the Illinois Vehicle Code. Changes the definitions of “custom vehicle” and “street rod” in the Illinois Vehicle Code to exclude certain vehicles that have been certified by an inspector of the National Street Rod Association. Provides that upon initial application for title and registration as a custom vehicle or street rod, the owner must have the vehicle inspected by the Secretary of State Department of Police rather than providing proof acceptable to the Secretary of State that, no more than 3 months before the date of the application for registration, the custom vehicle passed a safety inspection that (i) has been approved by the Secretary and (ii) is equivalent to the National Street Rod Association’s prescribed vehicle safety inspection. Provides title and registration content requirements for a custom vehicle or street rod. Provides that a vehicle previously titled as other than a custom vehicle or street rod may be issued a corrected title reflecting the custom vehicle or street rod model if it otherwise meets the requirements for the designation.

SB2024 – Introduced 2/20/09 EFFECTIVE January 1, 2010
705 ILCS 105/27.5 and 705 ILCS 105/27.6
Public Act 96-0735 Increased Fines

Amends the Clerks of Courts Act. Provides that the fine for speeding in a school zone is increased by $5 which shall go to the school district or districts in which the offense occurred. Provides that a county with a drug court may adopt a mandatory fee of $5 to fund the drug court, less a 5% clerk processing charge, assessed against any defendant found guilty in a traffic case or who is ordered to pay a fine under the Unified Code of Corrections. Provides that a person found guilty, including court supervision, of a DUI in addition to any other fine is fined $500, or $1,000 for other than a first offense, payable to the clerk to be distributed as follows: $100 to the law enforcement agency or agencies that made the arrest and $400 to the General Revenue Fund. Provides that if the fine assessed for a first offense of speeding in a construction zone is $250 or greater, there shall be an additional $125 fee paid by the defendant, which shall be deposited into the Transportation Safety Highway Hire-back Fund. Further amends the Clerks of Courts Act. Provides that the fine for violating the requirement to yield to a pedestrian in a school cross walk is increased by $50 which shall go to the school district or districts in which the offense occurred.

HB71 – Introduced 1/9/2009 EFFECTIVE January 1, 2010
625 ILCS 5/12-610.2
Public Act 96-0130 Electronic Communication Devices

Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. Provides that a violation is an offense against traffic regulations governing the movement of vehicles. Sets forth exceptions.

HB0072 – Introduced 1/14/09 EFFECTIVE January 1, 2010
625 ILCS 5/12-610.1
Public Act 96-0131 Wireless Phones

Amends the Illinois Vehicle Code. Provides that a person, regardless of age, may not use a wireless telephone in a school speed zone or a construction or maintenance speed zone, except for a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established when the person is using a wireless telephone in furtherance of that project.

Filed 2/10/09 – Amendment to House Bill 72
“(e) A person, regardless of age, may not use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone established under Section 11-605, or on a highway in a construction or maintenance speed zone established under Section 11-605.1. This subsection (e) does not apply to a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established under Section 11-605.1 or when the person is using a wireless telephone for emergency purposes, including, but not limited to, law enforcement agency, health care provider, fire department, or other emergency services agency or entity.”

HB0253 – Introduced 1/20/09 EFFECTIVE January 1, 2010
625 ILCS 5/6-303
Public Act 96-0502 Vehicle Seizure

Amends provisions of the Illinois Vehicle Code making vehicles subject to seizure and forfeiture under specified circumstances. Deletes a reference to a provision that was eliminated from the statutes by Public Act 95-377. Corrects a reference to a provision that was renumbered by Public Act 95-377. Provides that a person’s vehicle is subject to seizure and forfeiture when the person is cited for the offense of driving while driving privileges are revoked or suspended, and the person’s driving privileges were revoked or suspended due to the offense of reckless homicide.

HB0353 – Introduced 1/27/2009 EFFECTIVE January 1, 2010
625 ILCS 5/3-684
Public Act 96-0655 School Bus Driving Signs 

Amends the Illinois Vehicle Code. Provides that each school bus must display at the rear of the bus a sign indicating the telephone number of the owner of the school bus. Deletes language providing that the sign shall indicate that the number is to be called to report erratic driving by the school bus driver. Adds language requiring that the sign shall be in the form “TO COMMENT ON MY DRIVING, CALL (area code and telephone number of school bus owner)”. Provides that existing school busses carrying the sign conforming to the former requirements are not required to update the sign to the new requirements until the school bus owner replaces the sign.

HB0370 – Introduced 1/30/09 EFFECTIVE January 1, 2010
625 ILCS 5/3-707
Public Act 96-0143 Accident & Uninsured Motor Vehicle 

Amends the Illinois Vehicle Code. Provides that a person commits the offense of operation of an insured motor vehicle causing bodily harm (a Class A misdemeanor) when the person (i) operates a motor vehicle in violation of the mandatory insurance provisions of the Illinois Vehicle Code requiring certain motor vehicles operated on public highways to be covered by a liability insurance policy, and (ii) causes bodily harm to another person as a proximate result of the driver’s uninsured operation of the motor vehicle.

HB0446 – Introduced 2/4/2009 EFFECTIVE January 1, 2010
15 ILCS 335/4
Public Act 96-0146 ID Card—Signature

Amends the Illinois Identification Card Act. Requires the Secretary of State to affix the signature or mark of the applicant for standard Illinois Identification Cards and Illinois Disabled Person Identification Cards, rather than requiring each applicant to affix his or her signature to the card upon receipt and prior to its use for any purpose.

HB0648 – Introduced 2/6/09 EFFECTIVE January 1, 2010
625 ILCS 5/11-212
Public Act 96-0658 Statistical Data

Amends provisions of the Illinois Vehicle Code requiring the recording of specified information when a uniform traffic citation or warning citation is issued and providing for analysis of the information and a traffic stop statistical study. Deletes the July 1, 2010 repeal date of those provisions.

HB0931 – Introduced 2/10/09 EFFECTIVE January 1, 2010
625 ILCS 5/6-507; 625 ILCS 5/6-514
625 ILCS 5/6-524
Public Act 96-0544 CDL—Out of Service

Amends the Illinois Vehicle Code. Provides that no person may drive a commercial motor vehicle on a highway if such person’s driving privilege, license, or permit is, among other things, subject to, or in violation of, a “driver or vehicle out of service order” (rather than “out of service order”) while operating a vehicle designed to transport “16 or more passengers” (rather than “passengers”), including the driver, or while transporting “hazardous materials required to be placarded” (rather than “hazardous materials”). Exempts the drivers of commercial motor vehicles used primarily in the transportation of propane winter heating fuel and the drivers of motor vehicles used to respond to pipeline emergencies from the commercial driver’s license requirements, but only if such requirements would prevent the driver from responding to an emergency condition requiring immediate response, as defined by federal regulation. Disqualifies a person from driving a commercial motor vehicle if that person has been convicted more than once of violating certain combinations of provisions related to out-of-service orders. Increases the minimum and maximum penalties for certain violations of the Uniform Commercial Driver’s License Act.

HB1181 – Introduced 2/11/09 EFFECTIVE January 1, 2010
Public Act 96-0554 SOS–MOPEDS

Amends the Illinois Vehicle Code. Renames a “motorized pedalcycle” as a “moped” throughout the Illinois Vehicle Code and 2 Sections of the Cycle Rider Safety Training Act. Redefines “moped” as a motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph but not greater than 30 mph, and is equipped with a motor that produces 2 brake horsepower or less. (rather than a motor-driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less). Provides that the Secretary may provide an expedited process for the issuance of vehicle titles. Provides that expedited title applications must be delivered to the Secretary of State’s Vehicle Services Department in Springfield and provides time requirements for processing those applications. Provides that the cost for expedited title services is $30 and all fees collected by the Secretary of State for expedited services will be deposited into the Motor Vehicle License Plate Fund. Provides that the registration fee paid by any vehicle owner who has been approved for benefits under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, or who has claimed and received a grant under that Act, or who is the spouse of such a person shall be $24 instead of the fee otherwise provided for specified types of vehicles. Deletes outdated language referring to senior citizen vehicle registration fees.

HB2455 – Introduced 2/19/09 EFFECTIVE January 1, 2010
625 ILCS 5/1-123.9 new
625 ILCS 5/1-148.3m new
Public Act 96-0279 Non-Highway Vehicles 

Amends the Illinois Vehicle Code. Defines a “non-highway vehicle” as a motor vehicle not specifically designed to be used on a public highway, including, as defined by the Illinois Vehicle Code: an all-terrain vehicle, a golf cart, a neighborhood vehicle, and an off-highway motorcycle. Provides that the same set of standards that currently apply to the operation of a neighborhood vehicle on a street, road, or highway apply to all non-highway vehicles. Provides that non-highway vehicles are subject to the mandatory insurance provisions of the Illinois Vehicle Code when operated on a street, road, or highway. Repeals 2 provisions regarding the operation of all-terrain vehicles, off-highway motorcycles, and golf carts on streets and removes cross-references to those provisions in the Illinois Vehicle Code and Recreational Trails of Illinois Act.

HB 3721 – Introduced 2/25/09 EFFECTIVE January 1, 2010
625 ILCS 5/12-602.1
Public Act 96-0523 Excessive Brake Noise

Provides that the Department of Transportation may erect and maintain signs prohibiting excessive engine braking noise on interstate highways near weigh stations that are adjacent to residential areas or communities (instead of on interstate highways when multiple residences are immediately adjacent to the highway at a density of 2 per acre or more).

HB3889 – Introduced 2/26/09 EFFECTIVE January 1, 2010
625 ILCS 5/18d-117
Public Act 96-0309 Commercial Relocators—Towers

Amends the Illinois Vehicle Code. Provides that a tower legally residing in a county not subject to the provisions of the Illinois Commercial Safety Law may operate in a county that is subject to that law for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides without being subject to the provisions of the Illinois Commercial Safety Law. Provides that the exemption does not apply to towers that legally reside in both counties.

HB3956 – Introduced 2/26/09 EFFECTIVE January 1, 2010
625 ILCS 5/11-601
625 ILCS 5/11-602
Public Act 96-0524 Speed Limits
Amends the Illinois Vehicle Code. Provides that in the counties outside of Cook, DuPage, Kane, Lake, McHenry, and Will, 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 is 65 miles per hour on any interstate highway (rather than 55). Provides that busses may travel at 55 miles per hour (rather than 60) on all highways, roads, or streets not under the jurisdiction of the Department of Transportation or the Illinois State Toll Highway Authority. Provides that a house car, camper, private living coach, vehicles licensed as recreational vehicles, and any vehicle towing any other vehicle may travel at a speed of 65 miles per hour (rather than 55) in certain circumstances.

HB4048 – Introduced 2/27/09 EFFECTIVE January 1, 2010
625 ILCS 5/3-405
Public Act 96-0580 Prosecutor’s Vehicle Registration

Amends the Illinois Vehicle Code. Provides that a state’s attorney, assistant state’s attorney, and state’s attorney special investigators may elect to use the address of their place of employment instead of their domicile address when registering a motor vehicle under their name.

HB4327 – Introduced 2/27/09 EFFECTIVE January 1, 2010
625 ILCS 5/12-503
Public Act 96-0530 Tinted Windows

Amends the Illinois Vehicle Code. Provides that a person may not install or repair any sign, poster, window application, reflective material, nonreflective material, or tinted film upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver. Provides that a first violation is a petty offense with a fine between $50 and $500, and a second or subsequent offense is a Class C misdemeanor with a fine between $100 and $500. Provides that an installer may install window treatment for who is legally permitted, due to medical reasons, to drive with window treatment that would otherwise be illegal and provides that the installer must obtain and store a copy of a doctor’s certificate or letter from the person with medical condition in the installer’s permanent records. Provides that the Secretary of State shall provide a notice of the requirements of a provision prohibiting driving a motor vehicle with any sign, poster, window application, reflective material, nonreflective material, or tinted film upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver, unless an exception applies, to a new resident applying for vehicle registration. Provides that the Secretary of State may comply with the new resident notice requirements by posting the window tinting requirements on the Secretary of State’s website.

Disclaimer: This list is not intended to be all-inclusive. This page contains general information that is intended, but not guaranteed, to be correct, complete and up-to-date.  It is not intended to be a source of legal advice. You should not rely on the information on this page and should always seek the advice of a competent lawyer.