Illinois Traffic Laws Effective 2012 – 2013
LEGISLATION UPDATE 2012 HOUSE BILLS
VEH CODE-SCHOOL BUS ALCOHOL TEST
P.A. 97-466. Effective 1-1-12
625 ILCS 5/6-106 625 ILCS 5/6-106.1c
Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver’s license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours, notify the Secretary of State in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test discloses any amount of drugs; or (iii) when a driver refuses testing. Provides that non-CDL holder who holds a school bus driver permit and his or her employer shall be subject to reasonable suspicion drug and alcohol testing. Provides that testing of non-CDL holders shall be in conformance with federal regulations, except that the results of the tests shall be reported in a manner and form approved by the Secretary of State instead of on federal forms. Provides that an applicant for a school bus driver permit must consent to the release of the results of reasonable suspicion drug and alcohol tests. Provides that the Secretary shall suspend for a period of 3 years the school bus driver permit of a driver who refuses testing or tests positive for the presence of alcohol or drugs or intoxicating compounds. Sets reporting requirements for the employer. Provides that provisions regarding notification requirements go into effect when a test discloses “any amount of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act”. Provides that the cost of a reasonable suspicion test shall be the responsibility of the employer, unless otherwise provided by contract or a collective bargaining agreement. Provides that employers of school bus drivers with or without commercial driver’s licenses shall notify the Secretary of State of the result of a reasonable suspicion test when the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards. Provides that the Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice indicating that the permit holder yielded a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards.
VEH CODE-ADMINISTRATIVE IMPOUND
Effective 1-1-12 625 ILCS 5/11-208.7
Amends the Illinois Vehicle Code. Provides that any municipality may, consistent with the new provision, establish by ordinance procedures for the release of properly impounded vehicles that were used in the commission of specified offenses and for the imposition of a reasonable administrative fee related to the municipality’s administrative and processing costs associated with the removal, impoundment, storage, and release of the vehicle. Provides that the administrative fee shall be waived by the municipality upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded. Lists the costs for which fees may be imposed. Provides that the registered owner of the impounded vehicle is entitled to a hearing to contest the imposition of fees. Adds costs associated with the investigation, arrest, and detention of an offender to the fees which may be imposed. Provides that the fee imposed may be in addition any fees charged for the towing and storage of an impounded vehicle. Adds felony theft and felony retail theft to the list of offenses for which a vehicle may be impounded and provides that a municipality may by ordinance authorize the impoundment of a vehicle used during the commission of any other misdemeanor of felony under the Criminal Code of 1961. Adds provisions setting notice and hearing requirements. Provides that unclaimed vehicles shall be disposed of in accordance with provisions of the Illinois Vehicle Code concerning the disposal of unclaimed vehicles. Provides that fees or penalties imposed by a hearing officer which remain unpaid after the deadline for seeking judicial review may be enforced as if entered by a court of competent jurisdiction.
VEH CODE-TRUCK ROUTES/CDL GPS
P.A. 97-291 Effective 1-1-12
625 ILCS 5/11-214 new
625 ILCS 5/11-215 new
Amends the Illinois Vehicle Code. Provides that local units of government shall report to the Illinois Department of Transportation and the Department shall post on its official web-site all preferred truck routes under the local unit of government’s jurisdiction which are not classified as Class II or Class III truck routes. Provides that local units of government shall report their designated truck route network or lack of truck routes to the Illinois Department of Transportation. Provides that the Secretary of State shall include in its commercial drivers license curriculum and study guide, and in materials relating to obtaining or renewing a commercial drivers license, the distinctions between utilizing a truckattributed global positioning system device and other non-truck-attributed global positioning system devices. Further: (1) provides that the Department shall post on its web-site a local unit government’s preferred truck routes and designated truck route network (2) provides that if a local unit of government has no preferred truck routes or designated truck routes (instead of only designated truck routes), the local unit of government shall affirm its lack of truck routes to the Department; and (3) provides that the Secretary of State shall develop and make available a brochure regarding distinctions between utilizing different types of global position devises.
VEH CODE-UNINSURED MOTOR VEHICLE-PENALTY
P.A. 97-407 Effective 1-1-12
625 ILCS 5/3-707
Amends the Illinois Vehicle Code. Provides that a person convicted of a third or subsequent charge of operation of an uninsured motor vehicle shall be required to pay a fine of $1,000.00. Provides that if a person is convicted of the offense of operation of a motor vehicle causing bodily harm (currently a Class “A” misdemeanor) and has 2 or more previous convictions of operation of an uninsured motor vehicle or operation of an uninsured motor vehicle causing bodily harm, a fine of $2,500.00, in addition to any sentence of incarceration, must be imposed.
VEH CODE-VIDEO DEVICES
P.A. 97-499 Effective 1-1-12
625 ILCS 5/12-604.1
Amends the Illinois Vehicle Code. Provides that a person may not operate a vehicle if a device capable of displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the vehicle in a position where the moving images are visible to the driver while the vehicle is in motion. Adds navigation displays to the list of exceptions to the prohibition and provides that exceptions to the prohibition apply whether or not the excepted equipment is permanently installed in a vehicle.
BOATS-AQUATIC LIFE TRANSPORT
P.A. 97-850, Effective 1-1-13
625 ILCS 45/5-23
Amends the Boat Registration and Safety Act. Provides that no person may place or operate a vehicle, seaplane, watercraft, or other object of any kind in waters of this State if it has any aquatic plants or aquatic animals attached to the exterior of the vehicle, seaplane, watercraft, or other object. Provides that no person may take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior of the seaplane, vehicle, watercraft, or other object. Provides exceptions. Provides that a person must comply with instructions given by a law enforcement officer who has reason to believe that the person is in violation of the new provisions. Provides that the Department of Natural Resources shall produce and make copies available of a notice containing a summary of the new provisions and that owners of boat access sites must post and maintain a copy of the notice.
VEH CODE-POLICE CDL EXEMPTION
P.A. 97-750 Effective 7-6-12
625 ILCS 5/6-500
Amends the Illinois Vehicle Code. Exempts police emergency equipment from the definition of “commercial motor vehicle”. HB3982 TAXI SAFETY-DRIVER REQUIREMENT P.A. 97-1062 Effective 1-1-13 625 ILCS 55/15 New Amends the Taxi Safety Act of 2007. Taxi safety reporting. In counties in which vehicle citation records are not readily available to the public, the clerk of the circuit court shall furnish a list of all moving violations involving a taxi or an individual licensed or registered as a taxi driver upon the request of a unit of government that licenses, registers, or otherwise regulates taxi drivers.
P.A. 97-779 Effective 7-13-12
55 ILCS 5/5-12002.1 New
625 ILCS 5/4-203 65 ILCS 5/11-40-3.1
Amends the Counties Code. Defines “hazardous dilapidated motor vehicle”. Authorizes a county board to declare by ordinance all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles. Further provides that a county board may authorize a law enforcement agency to remove certain hazardous dilapidated motor vehicles. Amends the Illinois Vehicle Code. Provides that when a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to certain Sections, its removal and impoundment by a towing service may be authorized by a law enforcement agency with appropriate jurisdiction. Amends the Counties Code and the Illinois Municipal Code. Provides that Sections authorizing a county board or the corporate authorities in municipalities of more than 1,000,000 inhabitants, as applicable, to remove certain hazardous dilapidated motor vehicles do not apply to motor vehicles on the premises of a place of business engaged in the selling of motor vehicles. Further amends the Counties Code. Provides that the ordinance concerning the removal of inoperable vehicles shall include a requirement that notice must be sent by certified mail to either the real property owner of record or the vehicle owner at least 10 days prior to removal.
ID CARD ACT-DISABILITY ID
P.A. 97-1064 Effective 1-1-13
10 ILCS multi
15 ILCS multi
5 ILCS multi
305 ILCS 5/3-1
320 ILCS 25/3.14
515 ILCS 5/20-5 5
520 ILCS 5/3.1
625 ILCS 5/3-616
705 ILCS multi
Amends the Illinois Identification Card Act. Substitutes the term “person with a disability” for the term “disabled person”. Redefines the terms “developmental disability”, “visual disability”, “physical disability”, and “mental disability”. Provides that blindness is a Class 1A disability. Changes the name of the Illinois Disabled Person Identification Card to the Illinois Person with a Disability Identification Card. Makes conforming changes in the Election Code, Property Tax Code, Mobile Home Local Services Tax Act, Illinois Public Aid Code, Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, Fish and Aquatic Life Code, Wildlife Code, Illinois Vehicle Code, Jury Act, and Jury Commission Act.
VEH CODE-PENALTIES: FUNDS TO USE
P.A. 97-931 Effective 1-1-13
625 ILCS 5/11-501.01
625 ILCS 5/16-104a
Amends the Illinois Vehicle Code. In a subsection concerning administrative sanctions related to a conviction for driving under the influence of alcohol, provides that with respect to funds: provides that moneys designated for the Department of State Police shall be remitted to the State Police for deposit into the State Police DUI Fund. Provides that moneys designated for the Department of Natural Resources shall be deposited by the Department into the Conservation Police Operations Assistance Fund.
VEH CODE-SLOW MOVING EMBLEM FINE
P.A. 97-958 Effective 8-15-12
625 ILCS 5/12-709
Amends the Illinois Vehicle Code. Provides that a slow-moving vehicle emblem may not be displayed in public view from a highway on an object other than an animal drawn vehicle, farm tractor, implement of husbandry and certain special mobile equipment. Provides that the fine for a first or subsequent offense of improperly displaying a slow-moving vehicle is $75. Adds certain non-highway vehicles to the list of vehicles exempt from the new provisions.
VEH CODE-DRIVERS LICENSE: PHYSICAL CONDITIONS
P.A. 97-1127 Effective 1-1-13
625 ILCS 5/6-110
Amends the Illinois Vehicle Code. Provides that the Secretary of State may adopt rules to establish informational restrictions that can be placed on the driver’s license regarding specific conditions of the licensee.
VEH CODE-LOW SPEED VEHICLES- TITLE
P.A. 97-983 Effective 8-17-12
625 ILCS 5/3-101
Amends the Illinois Vehicle Code. Provides that every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.
VEHICLE FORFEITURE – OUT OF STATE SUSPEND/REVOKE
P.A. 97-984 Effective 1-1-13
625 ILCS 5/6-303
Amends the Illinois Vehicle Code. Provides that a motor vehicle used in violation of the Section concerning driving on a suspended or revoked license is subject to seizure and forfeiture if the person’s driving privileges were revoked or suspended as a result of a similar provision of a law of another state relating to: (1) operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof, (2) leaving the scene of a motor vehicle accident involving personal injury or death; (3) failure to submit to drug or alcohol testing; or (4) reckless homicide.
VEH CODE-IMMOBILIZATION: VEH TAX
P.A. 97-937 Effective 8-10-12
625 ILCS 5/3-704.1
625 ILCS 5/11-1430.1 new
Amends the Illinois Vehicle Code. Provides that a municipality may provide by ordinance for a program of vehicle immobilization to facilitate enforcement of municipal vehicle tax liability. Contains additional provisions governing notice and procedural matters involving implementation of the new Section. Provides that payment in full of any fine or penalty resulting from a vehicle tax violation shall constitute a final disposition of that violation.
HB5021 VEH CODE-DUI FUND: USE OF MONEYS
P.A. 97-1050 Effective 1-1-13 625 ILCS
Amends the Illinois Vehicle Code. Provides that moneys in the State Police DUI Fund and the Secretary of State Police DUI Fund 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, 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. Provides that certain moneys collected by local law enforcement agencies shall be used in the same manner as moneys in the State Police DUI Fund and the Secretary of State Police DUI Fund.
VEH CODE-PERSONS DISABILITIES
P.A. 97-844 Effective 1-1-13
625 ILCS multi
Amends the Illinois Vehicle Code. Provides that it is a Class “A” misdemeanor with a $2,500 fine to use a disability license plate or parking decal or device to exercise privileges granted through the use of those items while the person to whom the disability license plate or parking decal or device was originally issued is deceased, and that a person who violates the new provisions or a similar local ordinance shall have his or her parking privileges revoked by the Secretary of State. Provides that a person who commits a first violation of provisions prohibiting the use of a disability license plate or parking decal or device by a person who is not the authorized holder or is not transporting the authorized holder to or from the parking location shall be fined $500 and have his or her driving privileges suspended. Provides that a person who commits a second or subsequent violation is guilty of a Class “A” misdemeanor, shall be fined $2,500, and shall have his or her driving privileges revoked. Provides that the Secretary of State shall suspend the driving privileges of a person who violates a similar provision of a local ordinance concerning fictitious or unlawfully altered disability license plates or parking decals or devices or concerning fraudulent disability license plates or parking decals or devices.
SECRETARY OF STATE-VARIOUS
P.A. 97-835 Effective 7-20-12 & 1-1-13 in part 15 ILCS
305/5.5 15 ILCS 305/6b new
625 ILCS multi 9
625 ILCS 5/11-501.6
Amends the Secretary of State Act. Provides that fees for dishonored payments apply to any payment (instead of to each check, money order, or bank draft). Provides that the Secretary shall assess a penalty of 25% for certain dishonored payments. Provides that the Secretary may waive fees for certain duplicate documents for disaster victims who meet specified criteria. Amends the Illinois Vehicle Code. Increases the fee for dishonored payments from $19 to $25 and makes the fee applicable to all dishonored payments (instead of only to checks). Provides that out of each fee collected for dishonored payments, $5 shall be deposited in the Secretary of State Special Services Fund. Provides that penalty fees take effect if the total amount due to the Secretary exceeds $100 (instead of $50). Provides that certain Armed Forces members are exempt from driver’s license requirements for a period of 120 (instead of 90) days following the service members’ return to the United States. Puts restrictions on the issuance of a graduated driver’s license to persons under 18 years of age who are not legally emancipated (instead of legally emancipated by marriage). Removes provisions containing certain restrictions on the operation of a motor vehicle by a graduated driver’s license holder. Provides that the Secretary may cancel any license or permit upon determining that the holder has had his or her medical examiner’s certificate, medical variance, or both removed or rescinded by the Federal Motor Carrier Safety Administration or has failed to self-certify as to the type of driving in which the CDL driver engages or expects to engage. Provides that certain information collected from a driver education provider applicant may be used at administrative hearings relating to the denial, cancellation, suspension, or revocation of a driver training school license. Removes certain language concerning the applicability of a Section concerning chemical testing of motorists involved in a personal injury or fatal motor vehicle accident. “This Section shall not apply to those persons arrested for a violation of Section 11-501 or a similar violation of a local ordinance, in which case the provisions of Section 11-501.1 shall apply.” Provides that the authority to waive certain fees for disaster victims extends only for a period of 30 days after the Governor files the proclamation of the disaster and provides additional procedural requirements concerning fee waivers for disaster victims. Provides that if, upon review of the documentation provided by the citizen, the Secretary finds that the citizen was not entitled to a waiver of fees as a disaster victim, the Secretary is to demand payment for services rendered within 60 days and that if payment is not made, the Secretary may cancel or revoke the duplicate certificate of title, vehicle registration, driver’s license, or State identification card. Provides that the citizen may request a hearing to contest the action of the Secretary under the new provisions. Changes the definition of “highly restricted personal information” under the Illinois Vehicle Code to include an individual’s personal email address. Sec. 5.5 of Section 5 and Sec. 3-821 of Section 10 are effective January 1, 2013. The remainder of the Act is effective immediately.
HB5099 VEH CODE-ACCIDENTS: NO CELL PHONES P.A. 97-828 Effective 7-20-12 10 625 ILCS 5/12-610.1 625 ILCS 5/12-610.2 Amends the Illinois Vehicle Code. Provides that no person may use a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene except for specified purposes. Adds digital photographs and video to the definition of “electronic message” in provisions prohibiting the use of electronic communication devices while operating a motor vehicle. Defines “emergency scene” as a location where an authorized emergency vehicle as defined by the Code is present and has activated its oscillating, rotating, or flashing lights. Exempts wireless telephones and electronic communication devices used in voice-operated mode.
HB5101 VEH CODE-CDL TEXTING & CELL USE P.A. 97-829 Effective 1-1-13 625 ILCS 5/6-500 625 ILCS 5/6-526 new 625 ILCS 5/6-527 new Amends the Illinois Vehicle Code. Provides that a driver may not use a hand-held mobile telephone or engage in texting while driving a commercial motor vehicle. Provides exceptions. To the definition of “serious traffic violation”, adds violations concerning texting or using a hand-held mobile telephone while driving.
VEH CODE-DRIVING PRIVILEGES: DRUG POSSESSION
P.A. 97-838 Effective 7-20-12
625 ILCS multi
Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the driving privileges of a person convicted of second or subsequent conviction of illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. Provides that a defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State. Provides that a person convicted for a first time shall have his or her driving privileges suspended for a period of one year. Removes language providing that the Secretary of State shall suspend the driving privileges of a person convicted for a second or subsequent time for a period of 5 years. Further amends the Illinois Vehicle Code. Provides that the Secretary of State may require (instead of “allow, but not require”) licensees under certain Chapters of the Code to submit any required record by using electronic media deemed feasible by the Secretary in addition to (rather than “instead of”) requiring the actual submittal of the original paper record. Provides that the Secretary may also allow (instead of “allow, but not require”) a person or licensee to receive any record to be provided by the Secretary by using electronic media instead of providing the original paper record. Provides that the Secretary may issue a dealer lien release certificate of title for a fee of $20, provided certain conditions are met. Provides that the Secretary may deny, revoke, or suspend the dealer license of a licensee who has failed to pay, within 90 days after notice has been given, any fine or fee owed as a result of an administrative citation issued by the Secretary. Provides that instead of filing a criminal complaint against an entity licensed by the Secretary, a Secretary of State Police investigator may issue administrative citations for violations of statutes or rules concerning dealers, transporters, wreckers and rebuilders. Contains procedural requirements concerning the issuance of administrative citations. Provides that the penalty imposed by issuance of an administrative citation shall not exceed $50 per violation. Provides that penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund. Provides that only the provisions added by the amendment are effective immediately.
P.A. 97-845 Effective 1-1-13
625 ILCS multi
Amends the Illinois Vehicle Code. Disabled person’s exemption from paying most parking meter fees ends 1-1-14. A county or municipality can still contract with shopping centers, hospitals, etc. to regulate parking. “Beginning 1-1-14, a vehicle displaying a decal or device issued … shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking structure or area.” Beginning 1-1-14 the Secretary of State hall provide by administrative rule for the issuance of a separate and distinct parking decal or device for persons with disabilities. Specifies criteria for determination of disability (can’t manipulate coins, approach meter, etc.) and requires a certification from a licensed physician, PA or APN. Also applicable for a disability decal is the parent/guardian of a disabled child, under age 18 who is incapable of driving. Most fictitious or unlawfully altered disability license plate or decal violations increased to $1,000 minimum fine (from $500) for a first offense (Class “A” misdemeanor), and to a minimum $2,000 fine (from $1,000) for a second or subsequent offense (Class 4 Felony). Unlawful transfer of decal – (b)(6) violations minimum fine increase to $1,000 for a first offense, and $2,000 for a second or subsequent offense (both Class “A” misdemeanors). Makes it a new offense for a physician, PA, or APN to knowingly falsify a certification that a person is a person with disabilities as defined – Class “A” first offense; Class 4 Felony second or subsequent offense.
POLICE PLATES – NO TRANSFER FEE
P.A. 97-794 Effective 1-1-13
625 ILCS 5/3-808.1
Amends the Illinois Vehicle Code. Provides that beginning with the 2013 registration year, municipally-owned vehicles operated by or for any police department shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Provides that each municipal police department shall report to the Secretary of State any transfer of registration plates. Provides that the Secretary of State shall adopt rules to implement the new provisions.
LEGISLATION UPDATE 2012
SB758 LIQUOR-CULINARY STUDENT :
P.A. 97-1058 Effective 8-24-12
235 ILCS 5/6-20 Amends the Liquor Control Act of 1934. Provides that the provisions of the Act prohibiting the possession of alcoholic liquor by a person under 21 years of age and dispensing of alcoholic liquor to a person under 21 years of age do not apply in the case of a student under 21 years of age, but 18 years of age or older, who: (1) tastes, but does not imbibe, alcoholic liquor only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an accredited educational institution; (2) is enrolled as a student in a college, university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012; (3) is participating in a culinary arts, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and (4) tastes, but does not imbibe, alcoholic liquor for instructional purposes as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor. Further amends the Liquor Control Act of 1934. In an exception to the prohibition against an underage person possessing alcoholic liquor, provides that a person who meets other requirements and is a culinary, food service, or restaurant management student may taste, but not imbibe, alcoholic liquor up to, but not exceeding, 6 times per class (instead of 6 times per course) for instructional purposes as a part of a required course.
VEH CODE-AUTOMATED SPEED ENFORCEMENT
P.A. 97-672 Effective 7-1-12
625 ILCS multi Amends the Illinois Vehicle Code. Provides that in cities of over 1,000,000 inhabitants, a governmental agency may establish automated speed enforcement (ASE) systems in designated safety zones. Defines terms. Provides that the municipality may impose liability on a registered owner of a vehicle that violates the applicable law, with exceptions. Provides that notwithstanding any other applicable consequences under the Illinois Vehicle Code, the penalty for and consequence of a traffic violation recorded by an ASE system is a civil fine not to exceed $100 for each violation. Contains provisions governing the expenditure of funds generated by the use of ASE systems. Provides that unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer within one-eighth of a mile and 15 minutes of a violation recorded by an ASE system, the owner of the vehicle will be liable for the civil penalty. Provides that a violation for which a civil penalty is imposed 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. Contains provisions concerning notice and administrative hearing procedures related to implementation of the amendatory Act. Provides that recorded images are confidential, with specified exceptions. Provides defenses to ASE system violations. Provides equipment and signage requirements. Provides that a municipality operating an ASE system shall conduct a statistical analysis to assess the safety impact of the system and provides procedures for conducting the statistical analysis. Adds severability language. Makes corresponding changes in other Sections of the Vehicle Code. Provides additional testing requirements for ASE equipment and specifies that equipment shall be tested once each week. Provides that ASE systems shall be operational and violations shall be recorded only between 6 a.m. and 10 p.m. in safety zones 14 based upon schools, and if the safety zone is based upon property owned by a park district, only between one hour before and one hour after the hours the property is open to the public. Provides that no penalty may be imposed for an ASE system violation if the recorded speed of a vehicle is 5 miles per hour or less over the legal speed limit, and that a municipality may send a speed violation warning notice where the violation involves a speed of 5 miles per hour or less above the legal speed limit. SB968 VEH CODE-COMMERCIAL MOTOR VEHICLE: DEFINITIONS P.A. 97-795 Effective 1-1-13 625 ILCS 5/18b-101 Amends the Illinois Vehicle Code. Changes the definition of “commercial motor vehicle” to include vehicles used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation (instead of “vehicles used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation, if the vehicle is being operated beyond a radius of 75 air miles (86.3 statute miles or 138.9 kilometers) from the driver’s normal work reporting location”).
VEH CODE-TRUCK OVERWEIGHTS LIMITS
P.A. 97-202 Effective 1-1-12
625 ILCS multi
Amends the Illinois Vehicle Code. Defines “auxiliary power unit”. Provides that trucks equipped with auxiliary power units may exceed weight limits by the lessor of the weight of the auxiliary power unit or 400 pounds, provided specified conditions are met. Provides that home rule counties or municipalities shall not impose further weight limits or require permits for any weight and size in excess of local restrictions on trucks and other commercial vehicles when gaining access to or egress from points of loading or unloading by the most direct and shortest route available. Makes changes to Sections concerning: the effect of provisions regarding weight and axle limits; requirements for clearance, identification, and side marker lamps; and when the Department of Transportation or a local authority may restrict highway use. Makes changes to a Section concerning wheel and axle loads and gross weights and conforming changes to various other Sections. Provides that whenever the gross weight of a vehicle with a registered gross “weight of 77,000 pounds or less” exceeds certain weight limits by 2000 pounds or less, the owner or operator of the vehicle must remove the excess. Provides that whenever the gross weight of a vehicle with a registered gross “weight over 77,000 pounds or more” (instead of “weight of 77,000 pounds or more”) exceeds certain weight limits by 1,000 pounds or less or 2,000 pounds or less if weighed on wheel load weighers, the owner or operator of the vehicle must remove the excess. Provides for municipal exemptions for cities having a population of more than 50,000, upon notice to the department of such an ordinance enactment. Additional exemptions provided for public utility emergency repair vehicles, tow truck and vehicles, weight of APU, etc.
VEH CODE-AUTOMATED SPEED ENFORCEMENT SCHOOL SPEED CAMERA
P.A. 97-674 Effective 7-1-12
625 ILCS 5/11-208.8
If and only if Senate Bill 965 of the 97th General Assembly becomes law in the form in which it passed the Senate, amends the Illinois Vehicle Code. Provides that if a safety zone is based upon the property line of any facility, area, or land owned by a school district, an automated speed enforcement system shall be operational and violations shall be recorded only on school days and no earlier than 6 a.m. and no later than 8:30 p.m. if the school day is during the period of Monday through Thursday, or 9 p.m. if the school day is a Friday. Replaces existing civil penalties for automated speed enforcement system violations with the following civil penalties: a maximum of $50 if the recorded speed is no less than 6 miles per hour and no more than 10 miles per hour over the legal speed limit plus an additional penalty of not more than $50 if the original penalty is not paid in a timely manner; and a maximum of $100 if the recorded speed is more than 10 miles per hour over the legal limit plus an additional penalty of not more than $100 if the original penalty is not paid in a timely manner. Adds after school programs to the list of purposes for which the net proceeds from automated speed enforcement systems may be used.
VEH CODE-WORK ZONES-CELL USE BAN
P.A. 97-830 Effective 1-1-13
625 ILCS 5/12-610.1
625 ILCS 5/11-605.1
Amends the Illinois Vehicle Code. Expands the definition of “construction or maintenance speed zone” to include an area where the Department of Transportation, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached. Provides that if it is determined that a preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional signs shall be posted which give proper due warning that a construction or maintenance speed zone is being approached, indicate the maximum speed limit in effect, and state the amount of the minimum fine for a violation. Provides that the Section prohibiting the use of wireless telephones in school speed zones and construction or maintenance speed zones does not apply to a person using a telephone in voice-operated (instead of “voice-activated”) mode or to a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication. Provides that voice-operated mode includes the use of a headset.
VEH CODE-INSURANCE-BUS DRIVERS
P.A. 97-1078 Effective 8-24-12
625 ILCS 5/12-707.01
Amends the Illinois Vehicle Code. Decreases until January 1, 2013 the required amount of insurance for certain vehicles to $25,000 (instead of $1,000,000) for any one person in any one accident and $100,000 (instead of $5,000,000) for two or more persons in any one accident. Provides that liability insurance policies issued or renewed on and after January 1, 2013 shall comply with the following: (1) any vehicle that is used for a purpose that requires a school bus driver permit and is used in connection with the operation of private day care facilities, day camps, summer camps, or nursery schools shall carry a minimum of liability insurance in the amount of $1,000,000 combined single limit per accident; (2) all other vehicles which are used for a purpose that requires a school bus driver permit shall carry a minimum of liability insurance in the amount of $2,000,000 combined single limit per accident; and (3) any commuter van or passenger car used for a for-profit ridesharing arrangement shall carry a minimum of liability insurance in the amount of $500,000 combined single limit per accident.
VEH CODE-MOTORCYCLES-RED LIGHTS
P.A. 97-762 Effective 7-6-12
625 ILCS 5/11-208.6
625 ILCS 5/11-306
If and only if House Bill 2860 of the 97th General Assembly becomes law (P.A. 97-627, eff. 1-1-12), amends the Illinois Vehicle Code. Provides that the driver of a motorcycle may proceed through a red light which fails to change to a green light “within a reasonable period of time not less than 120 seconds” (instead of “within a reasonable period of time”).
VEH CODE-KINGPIN-REAR AXLE LIMIT
P.A. 97-883 Effective 1-1-13
625 ILCS 5/15-107
Amends the Illinois Vehicle Code. Provides that the length limits for the distance between the kingpin and the center of the rear axle of semitrailers longer than 48 feet shall not apply to trailers or semitrailers used for the transport of livestock, as that term is defined in the Act.
SOS-VETERANS-ID CARD & LICENSE
P.A. 97-739 Effective 1-1-13; 7-1-15
15 ILCS multi 625 ILCS multi
Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver’s license is a veteran for purposes of issuing a State identification card or driver’s license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person’s status as a veteran are acceptable; and the Secretary may disclose an individual’s social security number or associated information to the Illinois Department of Veterans’ Affairs for the purpose of confirming veteran status. Defines “veteran” and other terms. Adds legislative findings. Provides that to assist the State in identifying veterans and in delivering vital services and benefits, the Secretary of State is authorized to issue Illinois Identification Cards, Illinois Disabled Person Identification Cards, and drivers’ licenses with the word “veteran” appearing on the face of the cards. Provides that the Secretary may not issue any other identification card or driver’s license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the holder which is unrelated to the purpose of the identification card or license. Provides that the Illinois Department of Veterans’ Affairs shall confirm the status of the applicant as an honorably discharged veteran before the Secretary may issue the identification card or driver’s license. Effective January 1, 2013. Provides that the Secretary shall implement the provisions of the amendatory Act no later than July 1, 2015.
BOAT REG-FLOTATION: SAILBOARDS
P.A. 97-801 Effective 1-1-13
625 ILCS 45/4-1
Amends the Boat Registration and Safety Act. Provides that certain provisions concerning flotation devices shall not apply to sailboards (instead of sailboats).
SPECIFIED SPEEDING VIOLATIIONS – NO SUPERVISION
P.A. 97-831 Effective 7-1-13
730 ILCS 5/5-6-1
Amends the Unified Code of Corrections. Provides that the court shall not enter an order of supervision to a defendant charged with speeding when the defendant drives a vehicle upon any highway of the State at a speed that is 31 miles per hour or more (rather than 40 miles per hour or more) in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a local ordinance. Provides that the court shall not enter an order of supervision to a defendant charged with speeding when the defendant was operating a vehicle, in an urban district, at a speed in excess of 25 miles per hour over the posted speed limit.
VEH CODE-SKATERS TREATED AS PEDESTRIANS
P.A. 97-1023 Effective 1-1-13
625 ILCS multi
Amends the Illinois Vehicle Code. Provides that the definition of “pedestrian” includes a person wearing in-line speed skates. Defines “in-line speed skates”. Provides that in municipalities with a population of under 2,000,000 inhabitants, upon highways where the maximum posted speed limit is 45 miles per hour or less, and during the period from sunrise to sunset, a pedestrian who is 18 years of age or older and wearing in-line speed skates may travel upon the roadway as near as practicable to an outside edge of the roadway. Provides that pedestrians wearing in-line speed skates upon a roadway may not impede or obstruct other vehicular traffic. Provides that pedestrians wearing in-line speed skates shall be subject to all other rights and duties under the Article concerning pedestrians. Provides that nothing in the Code shall be construed to prevent a pedestrian wearing in-line speed skates from using a lane designated for bicycles.
VEH CODE-HWY: NO-INJURY ACCIDENTS
P.A. 97-763 Effective 1-1-13
625 ILCS 5/11-402
Amends the Illinois Vehicle Code. Provides that the driver of a vehicle involved in a motor vehicle accident resulting only in damage to a vehicle may move the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remain at that location until the driver has fulfilled the requirements of the Section of the Code concerning the duty to give information and render aid.
VEH CODE: VARIOUS
P.A. 97-743 Effective 1-1-12 625 ILCS multi
Amends the Illinois Vehicle Code. Provides that police officers who confiscate certain driver documents shall return them or cause them to be returned to the Secretary of State. Relocates and redefines provisions concerning registration plate covers (requires character be covered or recorded image distorted, and provides that a registration plate on a motorcycle may be mounted vertically, with conditions. Deletes prohibition against clear/non-distorting plate covers. Provides that a person who sells or advertises the sale of registration plate covers shall be guilty of a business offense. Provides that a person may not modify a vehicle’s original mounting location so as to hinder a peace officer from obtaining the registration; that a person who does so is guilty of a Class “A” misdemeanor; and that the Secretary of State may suspend the driving privileges of a person who violates the new provisions. Adds concealing or altering a vehicle’s license plate to the list of aggravating factors for fleeing or attempting to elude a peace officer. Provides that a police officer may order the removal of a vehicle that has had its registration suspended, cancelled, or revoked. Provides that the handlebars of a motorcycle may not be higher than the height of the operator’s head and that the operator must keep at least one hand on the handlebars at all times the motorcycle is in motion. Provides that a person commits aggravated operating a motorcycle, motor driven cycle, or moped on one wheel when he or she operates on one wheel while speeding. Provides that a first violation of aggravated operating a motorcycle, motor driven cycle, or moped on one wheel is a petty offense with a minimum fine of $100, a second violation is a Class “B” misdemeanor, and a third or subsequent violation is a Class “A” misdemeanor. Provides that motorcycles and motor-driven cycles may be equipped with a red or amber stop lamp on the rear of the vehicle that flashes and becomes steady only when the brake is actuated.
VEH CODE-FORMER MILITARY VEHICLE REGISTRATION
P.A. 97-811 Effective 7-13-12 625 ILCS multi
Amends the Illinois Vehicle Code. Defines “former military vehicle” as a vehicle or trailer, regardless of size, weight, or year of manufacture, that was manufactured for use in any country’s military forces and is maintained to depict or represent military design or markings, and does not include a vehicle used for any commercial or production agriculture purpose. Provides that the owner of a former military vehicle may register the vehicle for a fee: $25 for a trailer with a weight of 3,000 pounds or less; $75 for a trailer with a weight of over 3,000 pounds; a fee not to exceed $100 for a vehicle with a gross vehicle weight rating of 26,000 pounds or less; a fee not to exceed the following amounts: $150 for a vehicle with a gross vehicle weight rating of 26,001 to 45,000 pounds; $500 for a vehicle with a gross vehicle weight rating of 45,001 to 65,000 pounds; and $1,000 for a vehicle with a gross vehicle weight rating of over 65,000 pounds. Provides that the Secretary of State may prescribe that former military vehicle plates be issued for a definite or an indefinite term, such term to correspond to the term of registration plates issued generally as provided by law. Provides that any person requesting former military vehicle plates may also apply to have vanity or personalized plates. Provides that a vehicle registered as a former military vehicle is not subject to weight tax requirements. Provides that a vehicle may not be registered under the new provisions unless a title for the vehicle has been issued by the Secretary and the vehicle is eligible for registration without regard to its status as a military vehicle.
VEH CODE-SOS: EXPEDITED PLATES; VARIOUS
P.A. 97-914 Effective 1-1-13
625 ILCS 5/3-658
625 ILCS 5/3-806.9 new
625 ILCS 5/3-696 rep.
625 ILCS 5/3-806.8 rep.
Amends the Illinois Vehicle Code. Adds motorcycles to the list of vehicles for which the Secretary of State may issue Professional Sports Teams license plates. Provides that the Comptroller shall order transferred and the Treasurer shall transfer all moneys in the Professional Sports Team Education Fund to the Common School Fund every 6 months (instead of “All moneys in the Professional Sports Teams Education Fund shall, subject to appropriation by the General Assembly and distribution by the Secretary, be deposited every 6 months into the Common School Fund”). Provides that the Secretary may provide an expedited process for the issuance of vehicle registration plates and contains additional provisions concerning applications and fees for expedited vehicle registration. Repeals a Section concerning a corporate-sponsored license plate study and a Section concerning a graduated registration fee study. SB3823 DISSOLUTION-VISITATION ABUSE P.A. 97-1047 Effective 8-21-12 625 ILCS multi 750 ILCS 5/607.1 Amends the Illinois Vehicle Code and the Illinois Marriage and Dissolution of Marriage Act. Provides that the Secretary of State shall suspend, pursuant to court order, the driver’s license of a person adjudicated by a court to have engaged in visitation abuse. Provides procedures for that suspension process. Provides that the court, upon finding that a party engaged in visitation abuse, may order: the suspension of the offending party’s Illinois driving privileges pursuant to the Illinois Vehicle Code, until the court has determined that there has been sufficient compliance with the court’s visitation order and that full driving privileges shall be reinstated; the issuance of a family responsibility driving permit to the offending party to allow limited driving privileges for employment, for medical purposes, and to transport a child pursuant to a visitation order; the placement of the offending party on probation; or the sentencing of the offending party to periodic imprisonment for up to 6 months, provided that the court may allow periods of release for work. Further amends the Illinois Marriage and Dissolution of Marriage Act. Provides if the court, upon holding a party in contempt for violation of a visitation order and finding that the party engaged in visitation abuse, may find that the party is guilty of a petty offense and impose a fine of no more than $500 for each finding of visitation abuse.
The assistance of Stephen W. Baker (Cook County Public Defender’s Office) in the preparation of this document is appreciated.
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