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Public Act 103-0706 | ||||
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AN ACT concerning transportation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Vehicle Code is amended by | ||||
changing Sections 1-140.15, 1-158, 3-413, 3-804, 3-804.01, | ||||
4-203, 11-416, 11-506, 11-1204, 11-1403.2, 12-201, 12-207, | ||||
12-208, 12-210, and 15-312 as follows: | ||||
(625 ILCS 5/1-140.15) | ||||
Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled 2 or | ||||
3-wheeled device with fully operable pedals and a gasoline | ||||
motor of less than one horsepower or 15 cubic centimeter | ||||
displacement that is operated at speeds of less than 20 miles | ||||
per hour , 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 . | ||||
(Source: P.A. 96-125, eff. 1-1-10.) | ||||
(625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158) | ||||
Sec. 1-158. Pedestrian. Any person afoot or wearing | ||||
in-line speed skates or riding a skateboard , including a | ||||
person with a physical, hearing, or visual disability. | ||||
(Source: P.A. 97-1023, eff. 1-1-13.) |
(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413) | ||
Sec. 3-413. Display of registration plates or digital | ||
registration plates, registration stickers or digital | ||
registration stickers, and drive-away permits; registration | ||
plate or digital registration plate covers. | ||
(a) Registration plates or digital registration plates | ||
issued for a motor vehicle other than a motorcycle, autocycle, | ||
trailer, semitrailer, truck-tractor, apportioned bus, or | ||
apportioned truck shall be attached thereto, one in the | ||
frontmost front and one in the rearmost rear . The registration | ||
plate or digital registration plate issued for a motorcycle, | ||
autocycle, trailer or semitrailer required to be registered | ||
hereunder and any apportionment plate issued to a bus under | ||
the provisions of this Code shall be attached to the rearmost | ||
rear thereof. The registration plate or digital registration | ||
plate issued for a truck-tractor or an apportioned truck | ||
required to be registered hereunder shall be attached to the | ||
frontmost front thereof. | ||
(b) Except for vehicles with rear loaded motorized | ||
forklifts, every registration plate or digital registration | ||
plate shall at all times be securely fastened in a horizontal | ||
position to the vehicle for which it is issued so as to prevent | ||
the plate from swinging and at a height of not less than 5 | ||
inches from the ground, measuring from the bottom of such | ||
plate, in a place and position to be clearly visible and shall | ||
be maintained in a condition to be clearly legible, free from |
any materials that would obstruct the visibility of the plate. | ||
A registration plate or digital registration plate on a | ||
motorcycle may be mounted vertically as long as it is | ||
otherwise clearly visible. Registration stickers or digital | ||
registration stickers issued as evidence of renewed annual | ||
registration shall be attached to registration plates or | ||
displayed on digital registration plates as required by the | ||
Secretary of State, and be clearly visible at all times and | ||
displayed as prescribed in subsection (k) . For those vehicles | ||
with rear loaded motorized forklifts, if the rear plate is | ||
securely fastened in a horizontal position as prescribed, the | ||
plate and registration sticker shall not be required to be | ||
clearly visible at all times as a result of the rear mounted | ||
motorized forklift obstructing the view. | ||
(c) Every drive-away permit issued pursuant to this Code | ||
shall be firmly attached to the motor vehicle in the manner | ||
prescribed by the Secretary of State. If a drive-away permit | ||
is affixed to a motor vehicle in any other manner the permit | ||
shall be void and of no effect. | ||
(d) The Illinois prorate decal issued to a foreign | ||
registered vehicle part of a fleet prorated or apportioned | ||
with Illinois, shall be displayed on a registration plate or | ||
digital registration plate and displayed on the frontmost | ||
front of such vehicle in the same manner as an Illinois | ||
registration plate or digital registration plate. | ||
(e) The registration plate or digital registration plate |
issued for a camper body mounted on a truck displaying | ||
registration plates or digital registration plates shall be | ||
attached to the rearmost rear of the camper body. | ||
(f) No person shall operate a vehicle, nor permit the | ||
operation of a vehicle, upon which is displayed an Illinois | ||
registration plate or plates or digital registration plate or | ||
plates or registration stickers or digital registration | ||
stickers, except as provided for in subsection (b) of Section | ||
3-701 of this Code, after the termination of the registration | ||
period for which issued or after the expiration date set | ||
pursuant to Sections 3-414 and 3-414.1 of this Code. | ||
(g) A person may not operate any motor vehicle that is | ||
equipped with registration plate or digital registration plate | ||
covers. A violation of this subsection (g) or a similar | ||
provision of a local ordinance is an offense against laws and | ||
ordinances regulating the movement of traffic. | ||
(h) A person may not sell or offer for sale a registration | ||
plate or digital registration plate cover. A violation of this | ||
subsection (h) is a business offense. | ||
(i) A person may not advertise for the purpose of | ||
promoting the sale of registration plate or digital | ||
registration plate covers. A violation of this subsection (i) | ||
is a business offense. | ||
(j) A person may not modify the original manufacturer's | ||
mounting location of the rear registration plate or digital | ||
registration plate on any vehicle so as to conceal the |
registration or to knowingly cause it to be obstructed in an | ||
effort to hinder a peace officer from obtaining the | ||
registration for the enforcement of a violation of this Code, | ||
Section 27.1 of the Toll Highway Act concerning toll evasion, | ||
or any municipal ordinance. Modifications prohibited by this | ||
subsection (j) include but are not limited to the use of an | ||
electronic device. A violation of this subsection (j) is a | ||
Class A misdemeanor. | ||
(k) Registration stickers issued as evidence of renewed | ||
registration by the Secretary shall be displayed on the upper | ||
right corner of the rear registration plate or in a manner | ||
otherwise provided by the Secretary. However, registration | ||
stickers issued to truck-tractors shall be displayed on the | ||
upper right corner of the front registration plate or in a | ||
manner otherwise provided by the Secretary. | ||
(l) No person shall affix to any registration plate, | ||
temporary registration plate, digital registration plate, | ||
registration sticker, or other evidence of registration issued | ||
by the Secretary any medallion, insignia, sticker, or other | ||
object not issued or approved by the Secretary. No person | ||
shall alter, manipulate, apply, or otherwise manipulate any | ||
evidence of registration issued by the Secretary in any manner | ||
from the original condition as was received when issued by the | ||
Secretary. It is unlawful to operate any vehicle that displays | ||
evidence of registration altered in any manner or displaying | ||
any medallion, insignia, sticker, or other object as |
prescribed in this subsection. | ||
(Source: P.A. 101-395, eff. 8-16-19.) | ||
(625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804) | ||
Sec. 3-804. Antique vehicles. | ||
(a) The owner of an antique vehicle may register such | ||
vehicle for a fee not to exceed $13 for a 2-year antique plate. | ||
The application for registration must be accompanied by an | ||
affirmation of the owner that such vehicle will be driven on | ||
the highway only for the purpose of going to and returning from | ||
an antique auto show or an exhibition, or for servicing or | ||
demonstration and also affirming that the mechanical | ||
condition, physical condition, brakes, lights, glass and | ||
appearance of such vehicle is the same or as safe as originally | ||
equipped. The Secretary may, in his discretion prescribe that | ||
antique 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 in Section | ||
3-414.1. In no event may the registration fee for antique | ||
vehicles exceed $6 per registration year. Any person | ||
requesting antique plates under this Section may also apply to | ||
have vanity or personalized plates as provided under Section | ||
3-405.1. | ||
(b) Any person who is the registered owner of an antique | ||
vehicle may display a historical Illinois-issued license plate | ||
that represents from or representing the model year of the |
vehicle, furnished by such person, in lieu of the current and | ||
valid Illinois antique vehicle plates issued thereto, provided | ||
that valid and current Illinois antique vehicle plates and | ||
registration card issued to such antique vehicle are | ||
simultaneously carried within such vehicle and are available | ||
for inspection. | ||
(Source: P.A. 91-37, eff. 7-1-99.) | ||
(625 ILCS 5/3-804.01) | ||
Sec. 3-804.01. Expanded-use antique vehicles. | ||
(a) The owner of a motor vehicle that is more than 25 years | ||
of age or a bona fide replica thereof may register the vehicle | ||
as an expanded-use antique vehicle. In addition to the | ||
appropriate registration and renewal fees, the fee for | ||
expanded-use antique vehicle registration and renewal, except | ||
as provided under subsection (d), shall be $45 per year. The | ||
application for registration must be accompanied by an | ||
affirmation of the owner that: | ||
(1) from January 1 through the last day of February | ||
and from December 1 through December 31, the vehicle will | ||
be driven on the highways only for the purpose of going to | ||
and returning from an antique auto show or an exhibition, | ||
or for servicing or demonstration; and | ||
(2) the mechanical condition, physical condition, | ||
brakes, lights, glass, and appearance of such vehicle is | ||
the same or as safe as originally equipped. |
From March 1 through November 30, a vehicle registered as | ||
an expanded-use antique vehicle may be driven on the highways | ||
without being subject to the restrictions set forth in | ||
subdivision (1). The Secretary may prescribe, in the | ||
Secretary's discretion, that expanded-use antique 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 in Section 3-414.1. Any person | ||
requesting expanded-use antique vehicle plates under this | ||
Section may also apply to have vanity or personalized plates | ||
as provided under Section 3-405.1. | ||
(b) Any person who is the registered owner of an | ||
expanded-use antique vehicle may display a historical | ||
Illinois-issued license plate that represents from or | ||
representing the model year of the vehicle, furnished by such | ||
person, in lieu of the current and valid Illinois expanded-use | ||
antique vehicle plates issued thereto, provided that the valid | ||
and current Illinois expanded-use antique vehicle plates and | ||
registration card issued to the expanded-use antique vehicle | ||
are simultaneously carried within the vehicle and are | ||
available for inspection. | ||
(c) The Secretary may credit a pro-rated portion of a fee | ||
previously paid for an antique vehicle registration under | ||
Section 3-804 to an owner who applies to have that vehicle | ||
registered as an expanded-use antique vehicle instead of an | ||
antique vehicle. |
(d) The Secretary may make a version of the registration | ||
plate authorized under this Section in a form appropriate for | ||
motorcycles. In addition to the required registration and | ||
renewal fees, the fee for motorcycle expanded-use antique | ||
vehicle registration and renewal shall be $23 per year. | ||
(Source: P.A. 102-438, eff. 8-20-21.) | ||
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203) | ||
Sec. 4-203. Removal of motor vehicles or other vehicles; | ||
towing or hauling away. | ||
(a) When a vehicle is abandoned, or left unattended, on a | ||
toll highway, interstate highway, or expressway for 2 hours or | ||
more, its removal by a towing service may be authorized by a | ||
law enforcement agency having jurisdiction. | ||
(b) When a vehicle is abandoned on a highway in an urban | ||
district for 10 hours or more, its removal by a towing service | ||
may be authorized by a law enforcement agency having | ||
jurisdiction. | ||
(c) When a vehicle is abandoned or left unattended on a | ||
highway other than a toll highway, interstate highway, or | ||
expressway, outside of an urban district for 24 hours or more, | ||
its removal by a towing service may be authorized by a law | ||
enforcement agency having jurisdiction. | ||
(d) When an abandoned, unattended, wrecked, burned, or | ||
partially dismantled vehicle is creating a traffic hazard | ||
because of its position in relation to the highway or its |
physical appearance is causing the impeding of traffic, its | ||
immediate removal from the highway or private property | ||
adjacent to the highway by a towing service may be authorized | ||
by a law enforcement agency having jurisdiction. | ||
(e) Whenever a peace officer reasonably believes that a | ||
person under arrest for a violation of Section 11-501 of this | ||
Code or a similar provision of a local ordinance is likely, | ||
upon release, to commit a subsequent violation of Section | ||
11-501, or a similar provision of a local ordinance, the | ||
arresting officer shall have the vehicle which the person was | ||
operating at the time of the arrest impounded for a period of | ||
12 hours after the time of arrest. However, such vehicle may be | ||
released by the arresting law enforcement agency prior to the | ||
end of the impoundment period if: | ||
(1) the vehicle was not owned by the person under | ||
arrest, and the lawful owner requesting such release | ||
possesses a valid operator's license, proof of ownership, | ||
and would not, as determined by the arresting law | ||
enforcement agency, indicate a lack of ability to operate | ||
a motor vehicle in a safe manner, or who would otherwise, | ||
by operating such motor vehicle, be in violation of this | ||
Code; or | ||
(2) the vehicle is owned by the person under arrest, | ||
and the person under arrest gives permission to another | ||
person to operate such vehicle, provided however, that the | ||
other person possesses a valid operator's license and |
would not, as determined by the arresting law enforcement | ||
agency, indicate a lack of ability to operate a motor | ||
vehicle in a safe manner or who would otherwise, by | ||
operating such motor vehicle, be in violation of this | ||
Code. | ||
(e-5) Whenever a registered owner of a vehicle is taken | ||
into custody for operating the vehicle in violation of Section | ||
11-501 of this Code or a similar provision of a local ordinance | ||
or Section 6-303 of this Code, a law enforcement officer may | ||
have the vehicle immediately impounded for a period not less | ||
than: | ||
(1) 24 hours for a second violation of Section 11-501 | ||
of this Code or a similar provision of a local ordinance or | ||
Section 6-303 of this Code or a combination of these | ||
offenses; or | ||
(2) 48 hours for a third violation of Section 11-501 | ||
of this Code or a similar provision of a local ordinance or | ||
Section 6-303 of this Code or a combination of these | ||
offenses. | ||
The vehicle may be released sooner if the vehicle is owned | ||
by the person under arrest and the person under arrest gives | ||
permission to another person to operate the vehicle and that | ||
other person possesses a valid operator's license and would | ||
not, as determined by the arresting law enforcement agency, | ||
indicate a lack of ability to operate a motor vehicle in a safe | ||
manner or would otherwise, by operating the motor vehicle, be |
in violation of this Code. | ||
(f) Except as provided in Chapter 18a of this Code, the | ||
owner or lessor of privately owned real property within this | ||
State, or any person authorized by such owner or lessor, or any | ||
law enforcement agency in the case of publicly owned real | ||
property may cause any motor vehicle abandoned or left | ||
unattended upon such property without permission to be removed | ||
by a towing service without liability for the costs of | ||
removal, transportation or storage or damage caused by such | ||
removal, transportation or storage. The towing or removal of | ||
any vehicle from private property without the consent of the | ||
registered owner or other legally authorized person in control | ||
of the vehicle is subject to compliance with the following | ||
conditions and restrictions: | ||
1. Any towed or removed vehicle must be stored at the | ||
site of the towing service's place of business. The site | ||
must be open during business hours, and for the purpose of | ||
redemption of vehicles, during the time that the person or | ||
firm towing such vehicle is open for towing purposes. | ||
2. The towing service shall within 30 minutes of | ||
completion of such towing or removal, notify the law | ||
enforcement agency having jurisdiction of such towing or | ||
removal, and the make, model, color, and license plate | ||
number of the vehicle, and shall obtain and record the | ||
name of the person at the law enforcement agency to whom | ||
such information was reported. |
3. If the registered owner or legally authorized | ||
person entitled to possession of the vehicle shall arrive | ||
at the scene prior to actual removal or towing of the | ||
vehicle, the vehicle shall be disconnected from the tow | ||
truck and that person shall be allowed to remove the | ||
vehicle without interference, upon the payment of a | ||
reasonable service fee of not more than one-half the | ||
posted rate of the towing service as provided in paragraph | ||
6 of this subsection, for which a receipt shall be given. | ||
4. The rebate or payment of money or any other | ||
valuable consideration from the towing service or its | ||
owners, managers, or employees to the owners or operators | ||
of the premises from which the vehicles are towed or | ||
removed, for the privilege of removing or towing those | ||
vehicles, is prohibited. Any individual who violates this | ||
paragraph shall be guilty of a Class A misdemeanor. | ||
5. Except for property appurtenant to and obviously a | ||
part of a single family residence, and except for | ||
instances where notice is personally given to the owner or | ||
other legally authorized person in control of the vehicle | ||
that the area in which that vehicle is parked is reserved | ||
or otherwise unavailable to unauthorized vehicles and they | ||
are subject to being removed at the owner or operator's | ||
expense, any property owner or lessor, prior to towing or | ||
removing any vehicle from private property without the | ||
consent of the owner or other legally authorized person in |
control of that vehicle, must post a notice meeting the | ||
following requirements: | ||
a. Except as otherwise provided in subparagraph | ||
a.1 of this subdivision (f)5, the notice must be | ||
prominently placed at each driveway access or curb cut | ||
allowing vehicular access to the property within 5 | ||
feet from the public right-of-way line. If there are | ||
no curbs or access barriers, the sign must be posted | ||
not less than one sign each 100 feet of lot frontage. | ||
a.1. In a municipality with a population of less | ||
than 250,000, as an alternative to the requirement of | ||
subparagraph a of this subdivision (f)5, the notice | ||
for a parking lot contained within property used | ||
solely for a 2-family, 3-family, or 4-family residence | ||
may be prominently placed at the perimeter of the | ||
parking lot, in a position where the notice is visible | ||
to the occupants of vehicles entering the lot. | ||
b. The notice must indicate clearly, in not less | ||
than 2 inch high light-reflective letters on a | ||
contrasting background, that unauthorized vehicles | ||
will be towed away at the owner's expense. | ||
c. The notice must also provide the name and | ||
current telephone number of the towing service towing | ||
or removing the vehicle. | ||
d. The sign structure containing the required | ||
notices must be permanently installed with the bottom |
of the sign not less than 4 feet above ground level, | ||
and must be continuously maintained on the property | ||
for not less than 24 hours prior to the towing or | ||
removing of any vehicle. | ||
6. Any towing service that tows or removes vehicles | ||
and proposes to require the owner, operator, or person in | ||
control of the vehicle to pay the costs of towing and | ||
storage prior to redemption of the vehicle must file and | ||
keep on record with the local law enforcement agency a | ||
complete copy of the current rates to be charged for such | ||
services, and post at the storage site an identical rate | ||
schedule and any written contracts with property owners, | ||
lessors, or persons in control of property which authorize | ||
them to remove vehicles as provided in this Section. The | ||
towing and storage charges, however, shall not exceed the | ||
maximum allowed by the Illinois Commerce Commission under | ||
Section 18a-200. | ||
7. No person shall engage in the removal of vehicles | ||
from private property as described in this Section without | ||
filing a notice of intent in each community where he | ||
intends to do such removal, and such notice shall be filed | ||
at least 7 days before commencing such towing. | ||
8. No removal of a vehicle from private property shall | ||
be done except upon express written instructions of the | ||
owners or persons in charge of the private property upon | ||
which the vehicle is said to be trespassing. |
9. Vehicle entry for the purpose of removal shall be | ||
allowed with reasonable care on the part of the person or | ||
firm towing the vehicle. Such person or firm shall be | ||
liable for any damages occasioned to the vehicle if such | ||
entry is not in accordance with the standards of | ||
reasonable care. | ||
9.5. Except as authorized by a law enforcement | ||
officer, no towing service shall engage in the removal of | ||
a commercial motor vehicle that requires a commercial | ||
driver's license to operate by operating the vehicle under | ||
its own power on a highway. | ||
10. When a vehicle has been towed or removed pursuant | ||
to this Section, it must be released to its owner, | ||
custodian, agent, or lienholder within one-half hour after | ||
requested, if such request is made during business hours. | ||
Any vehicle owner, custodian, agent, or lienholder shall | ||
have the right to inspect the vehicle before accepting its | ||
return, and no release or waiver of any kind which would | ||
release the towing service from liability for damages | ||
incurred during the towing and storage may be required | ||
from any vehicle owner or other legally authorized person | ||
as a condition of release of the vehicle. A detailed, | ||
signed receipt showing the legal name of the towing | ||
service must be given to the person paying towing or | ||
storage charges at the time of payment, whether requested | ||
or not. |
This Section shall not apply to law enforcement, | ||
firefighting, rescue, ambulance, or other emergency | ||
vehicles which are marked as such or to property owned by | ||
any governmental entity. | ||
When an authorized person improperly causes a motor | ||
vehicle to be removed, such person shall be liable to the | ||
owner or lessee of the vehicle for the cost of removal, | ||
transportation and storage, any damages resulting from the | ||
removal, transportation and storage, attorney's fee and | ||
court costs. | ||
Any towing or storage charges accrued shall be payable | ||
in cash or by cashier's check, certified check, debit | ||
card, credit card, or wire transfer, at the option of the | ||
party taking possession of the vehicle. | ||
11. Towing companies shall also provide insurance | ||
coverage for areas where vehicles towed under the | ||
provisions of this Chapter will be impounded or otherwise | ||
stored, and shall adequately cover loss by fire, theft, or | ||
other risks. | ||
Any person who fails to comply with the conditions and | ||
restrictions of this subsection shall be guilty of a Class C | ||
misdemeanor and shall be fined not less than $100 nor more than | ||
$500. | ||
(g)(1) When a vehicle is determined to be a hazardous | ||
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the | ||
Illinois Municipal Code or Section 5-12002.1 of the Counties |
Code, its removal and impoundment by a towing service may be | ||
authorized by a law enforcement agency with appropriate | ||
jurisdiction. | ||
(2) When a vehicle removal from either public or private | ||
property is authorized by a law enforcement agency, the owner | ||
of the vehicle shall be responsible for all towing and storage | ||
charges. | ||
(3) Vehicles removed from public or private property and | ||
stored by a commercial vehicle relocator or any other towing | ||
service authorized by a law enforcement agency in compliance | ||
with this Section and Sections 4-201 and 4-202 of this Code, or | ||
at the request of the vehicle owner or operator, shall be | ||
subject to a possessor lien for services pursuant to the Labor | ||
and Storage Lien (Small Amount) Act. The provisions of Section | ||
1 of that Act relating to notice and implied consent shall be | ||
deemed satisfied by compliance with Section 18a-302 and | ||
subsection (6) of Section 18a-300. In no event shall such lien | ||
be greater than the rate or rates established in accordance | ||
with subsection (6) of Section 18a-200 of this Code. In no | ||
event shall such lien be increased or altered to reflect any | ||
charge for services or materials rendered in addition to those | ||
authorized by this Code. Every such lien shall be payable in | ||
cash or by cashier's check, certified check, debit card, | ||
credit card, or wire transfer, at the option of the party | ||
taking possession of the vehicle. | ||
(4) Any personal property belonging to the vehicle owner |
in a vehicle subject to a lien under this subsection (g) shall | ||
likewise be subject to that lien, excepting only: child | ||
restraint systems as defined in Section 4 of the Child | ||
Passenger Protection Act and other child booster seats; | ||
eyeglasses; food; medicine; perishable property; any | ||
operator's licenses; any cash, credit cards, or checks or | ||
checkbooks; any wallet, purse, or other property containing | ||
any operator's license or other identifying documents or | ||
materials, cash, credit cards, checks, or checkbooks; and any | ||
personal property belonging to a person other than the vehicle | ||
owner if that person provides adequate proof that the personal | ||
property belongs to that person. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim | ||
personal property excepted under this paragraph (4) if the | ||
person claiming the personal property provides the commercial | ||
vehicle relocator or towing service with the authorization of | ||
the vehicle owner. | ||
(5) This paragraph (5) applies only in the case of a | ||
vehicle that is towed as a result of being involved in a crash. | ||
In addition to the personal property excepted under paragraph | ||
(4), all other personal property in a vehicle subject to a lien | ||
under this subsection (g) is exempt from that lien and may be | ||
claimed by the vehicle owner if the vehicle owner provides the | ||
commercial vehicle relocator or towing service with proof that | ||
the vehicle owner has an insurance policy covering towing and | ||
storage fees. The spouse, child, mother, father, brother, or |
sister of the vehicle owner may claim personal property in a | ||
vehicle subject to a lien under this subsection (g) if the | ||
person claiming the personal property provides the commercial | ||
vehicle relocator or towing service with the authorization of | ||
the vehicle owner and proof that the vehicle owner has an | ||
insurance policy covering towing and storage fees. The | ||
regulation of liens on personal property and exceptions to | ||
those liens in the case of vehicles towed as a result of being | ||
involved in a crash are exclusive powers and functions of the | ||
State. A home rule unit may not regulate liens on personal | ||
property and exceptions to those liens in the case of vehicles | ||
towed as a result of being involved in a crash. This paragraph | ||
(5) is a denial and limitation of home rule powers and | ||
functions under subsection (h) of Section 6 of Article VII of | ||
the Illinois Constitution. | ||
(6) No lien under this subsection (g) shall: exceed $2,000 | ||
in its total amount; or be increased or altered to reflect any | ||
charge for services or materials rendered in addition to those | ||
authorized by this Code. | ||
(h) Whenever a peace officer issues a citation to a driver | ||
for a violation of subsection (a) , (a-5), or (b-5) of Section | ||
11-506 of this Code or for a violation of paragraph (1) of | ||
subsection (a) of Section 11-503 of this Code , the arresting | ||
officer may have the vehicle which the person was operating at | ||
the time of the arrest impounded for a period of 5 days after | ||
the time of arrest. An impounding agency shall release a motor |
vehicle impounded under this subsection (h) to the registered | ||
owner of the vehicle under any of the following circumstances: | ||
(1) if the vehicle is a stolen vehicle; or | ||
(2) if the person ticketed for a violation of | ||
subsection (a) , (a-5), or (b-5) of Section 11-506 or | ||
paragraph (1) of subsection (a) of Section 11-503 of this | ||
Code was not authorized by the registered owner of the | ||
vehicle to operate the vehicle at the time of the | ||
violation; or | ||
(3) if the registered owner of the vehicle was neither | ||
the driver nor a passenger in the vehicle at the time of | ||
the violation or was unaware that the driver was using the | ||
vehicle to engage in street racing , street sideshow, or | ||
reckless driving ; or | ||
(4) if the legal owner or registered owner of the | ||
vehicle is a rental car agency; or | ||
(5) if, prior to the expiration of the impoundment | ||
period specified above, the citation is dismissed or the | ||
defendant is found not guilty of the offense. | ||
(i) Except for vehicles exempted under subsection (b) of | ||
Section 7-601 of this Code, whenever a law enforcement officer | ||
issues a citation to a driver for a violation of Section 3-707 | ||
of this Code, and the driver has a prior conviction for a | ||
violation of Section 3-707 of this Code in the past 12 months, | ||
the arresting officer shall authorize the removal and | ||
impoundment of the vehicle by a towing service. |
(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) | ||
(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416) | ||
Sec. 11-416. Furnishing copies; fees copies - Fees . The | ||
Illinois State Police may furnish copies of an Illinois State | ||
Police Traffic Crash Report that has been investigated by the | ||
Illinois State Police and shall be paid a fee of $5 for each | ||
such copy, or in the case of a crash which was investigated by | ||
a crash reconstruction officer or crash reconstruction team, a | ||
fee of $20 shall be paid. These fees shall be deposited into | ||
the State Police Services Fund. The Department may use an | ||
online payment system for these fees. | ||
Other State law enforcement agencies or law enforcement | ||
agencies of local authorities may furnish copies of traffic | ||
crash reports prepared by such agencies and may receive a fee | ||
not to exceed $5 for each copy or in the case of a crash which | ||
was investigated by a crash reconstruction officer or crash | ||
reconstruction team, the State or local law enforcement agency | ||
may receive a fee not to exceed $20. | ||
Any written crash 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. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21; | ||
102-982, eff. 7-1-23 .) |
(625 ILCS 5/11-506) | ||
Sec. 11-506. Street racing; aggravated street racing; | ||
street sideshows. | ||
(a) No person shall engage in street racing on any street | ||
or highway of this State. | ||
(a-5) No person shall engage in a street sideshow on any | ||
street or highway of this State. | ||
(b) No owner of any vehicle shall acquiesce in or permit | ||
his or her vehicle to be used by another for the purpose of | ||
street racing or a street sideshow. | ||
(b-5) A person may not knowingly interfere with or cause | ||
the movement of traffic to slow or stop for the purpose of | ||
facilitating street racing or a street sideshow. | ||
(c) For the purposes of this Section: | ||
"Acquiesce" or "permit" means actual knowledge that the | ||
motor vehicle was to be used for the purpose of street racing | ||
or a street sideshow . | ||
"Motor vehicle stunt" includes, but is not limited to, | ||
operating a vehicle in a manner that causes the vehicle to | ||
slide or spin, driving within the proximity of a gathering of | ||
persons, performing maneuvers to demonstrate the performance | ||
capability of the motor vehicle, or maneuvering the vehicle in | ||
an attempt to elicit a reaction from a gathering of persons. | ||
"Street racing" means: | ||
(1) The operation of 2 or more vehicles from a point | ||
side by side at accelerating speeds in a competitive |
attempt to outdistance each other; or | ||
(2) The operation of one or more vehicles over a | ||
common selected course, each starting at the same point, | ||
for the purpose of comparing the relative speeds or power | ||
of acceleration of such vehicle or vehicles within a | ||
certain distance or time limit; or | ||
(3) The use of one or more vehicles in an attempt to | ||
outgain or outdistance another vehicle; or | ||
(4) The use of one or more vehicles to prevent another | ||
vehicle from passing; or | ||
(5) The use of one or more vehicles to arrive at a | ||
given destination ahead of another vehicle or vehicles; or | ||
(6) The use of one or more vehicles to test the | ||
physical stamina or endurance of drivers over | ||
long-distance driving routes. | ||
"Street sideshow" means an event in which one or more | ||
vehicles block or impede traffic on a street or highway, for | ||
the purpose of performing unauthorized motor vehicle stunts, | ||
motor vehicle speed contests, or motor vehicle exhibitions of | ||
speed. | ||
(d) Penalties. | ||
(1) Any person who is convicted of a violation of | ||
subsection (a), (a-5), or (b-5) shall be guilty of a Class | ||
A misdemeanor for the first offense and shall be subject | ||
to a minimum fine of $250. Any person convicted of a | ||
violation of subsection (a), (a-5), or (b-5) a second or |
subsequent time shall be guilty of a Class 4 felony and | ||
shall be subject to a minimum fine of $500. The driver's | ||
license of any person convicted of subsection (a) shall be | ||
revoked in the manner provided by Section 6-205 of this | ||
Code. | ||
(2) Any person who is convicted of a violation of | ||
subsection (b) shall be guilty of a Class B misdemeanor. | ||
Any person who is convicted of subsection (b) for a second | ||
or subsequent time shall be guilty of a Class A | ||
misdemeanor. | ||
(3) Every person convicted of committing a violation | ||
of subsection (a) of this Section shall be guilty of | ||
aggravated street racing if the person, in committing a | ||
violation of subsection (a) was involved in a motor | ||
vehicle crash that resulted in great bodily harm or | ||
permanent disability or disfigurement to another, where | ||
the violation was a proximate cause of the injury. | ||
Aggravated street racing is a Class 4 felony for which the | ||
defendant, if sentenced to a term of imprisonment, shall | ||
be sentenced to not less than one year nor more than 12 | ||
years. | ||
(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; | ||
103-154, eff. 6-30-23.) | ||
(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, before entering the crosswalk on the near | ||
side of the intersection, or 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.) | ||
(625 ILCS 5/11-1403.2) (from Ch. 95 1/2, par. 11-1403.2) | ||
Sec. 11-1403.2. Operating a motorcycle, motor driven | ||
cycle, or moped on one wheel; aggravated operating a |
motorcycle, motor driven cycle, or moped on one wheel. | ||
(a) No person shall operate a motorcycle, motor driven | ||
cycle, or moped on one wheel. | ||
(b) Aggravated operating a motorcycle, motor driven cycle, | ||
or moped on one wheel. A person commits aggravated operating a | ||
motorcycle, motor driven cycle, or moped on one wheel when he | ||
or she violates subsection (a) of this Section while | ||
committing a violation of subsection (b) of Section 11-601 or | ||
Section 11-601.5 of this Code. A violation of this subsection | ||
is a petty offense with a minimum fine of $100, except a second | ||
conviction of a violation of this subsection is a Class B | ||
misdemeanor and a third or subsequent conviction of a | ||
violation of this subsection is a Class A misdemeanor. | ||
(Source: P.A. 96-554, eff. 1-1-10; 97-743, eff. 1-1-13.) | ||
(625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201) | ||
Sec. 12-201. When lighted lamps are required. | ||
(a) When operated upon any highway in this State, every | ||
motorcycle shall at all times exhibit at least one lighted | ||
lamp, showing a white light visible for at least 500 feet in | ||
the direction the motorcycle is proceeding. However, in lieu | ||
of such lighted lamp, a motorcycle may be equipped with and use | ||
a means of modulating the upper beam of the head lamp between | ||
high and a lower brightness. No such head lamp shall be | ||
modulated, except to otherwise comply with this Code, during | ||
times when lighted lamps are required for other motor |
vehicles. | ||
(b) All other motor vehicles shall exhibit at least 2 | ||
lighted head lamps, with at least one on each side of the | ||
frontmost front of the vehicle, which satisfy United States | ||
Department of Transportation requirements, as set forth in 49 | ||
CFR 571.108, showing white lights, including that emitted by | ||
high intensity discharge (HID) lamps, or lights of a yellow or | ||
amber tint, during the period from sunset to sunrise, at times | ||
when rain, snow, fog, or other atmospheric conditions require | ||
the use of windshield wipers, and at any other times when, due | ||
to insufficient light or unfavorable atmospheric conditions, | ||
persons and vehicles on the highway are not clearly | ||
discernible at a distance of 1000 feet. Parking lamps may be | ||
used in addition to but not in lieu of such head lamps. Every | ||
motor vehicle, trailer, or semi-trailer shall also exhibit at | ||
least 2 lighted lamps, commonly known as tail lamps, which | ||
shall be mounted on the left rearmost rear and right rearmost | ||
rear of the vehicle so as to throw a red light visible for at | ||
least 500 feet in the reverse direction, except that a truck | ||
tractor or road tractor manufactured before January 1, 1968 | ||
and all motorcycles need be equipped with only one such tail | ||
lamp. | ||
(c) Either a tail lamp or a separate lamp shall be so | ||
constructed and placed as to illuminate with a white light a | ||
rear registration plate when required and render it clearly | ||
legible from a distance of 50 feet to the rear. Any tail lamp |
or tail lamps, together with any separate lamp or lamps for | ||
illuminating a rear registration plate, shall be so wired as | ||
to be lighted whenever the head lamps or auxiliary driving | ||
lamps are lighted. | ||
(d) A person shall install only head lamps that satisfy | ||
United States Department of Transportation regulations , as set | ||
forth in 49 CFR 571.108, and show white light, including that | ||
emitted by HID lamps, or light of a yellow or amber tint for | ||
use by a motor vehicle. | ||
(e) (Blank). | ||
(Source: P.A. 96-487, eff. 1-1-10.) | ||
(625 ILCS 5/12-207) (from Ch. 95 1/2, par. 12-207) | ||
Sec. 12-207. Spot lamps and auxiliary driving lamps. | ||
(a) Any motor vehicle may be equipped with not to exceed | ||
one spot lamp that shall emit a white light without glare and | ||
every lighted spot lamp shall be so aimed and used upon | ||
approaching another vehicle that no part of the high-intensity | ||
portion of the beam will be directed to the left of the | ||
prolongation of the extreme left side of the vehicle nor more | ||
than 100 feet ahead of the vehicle. | ||
(b) Any motor vehicle may be equipped with not to exceed 3 | ||
three auxiliary driving lamps showing white light, including | ||
white light emitted by a high intensity discharge (HID) lamp, | ||
or light of a yellow or amber tint, mounted forward facing on | ||
the front at a height not less than 12 inches nor more than 42 |
inches above the level surface upon which the vehicle stands. | ||
As used in this subsection, "auxiliary driving lamp" means a | ||
lamp, whether temporarily or permanently installed on a | ||
vehicle, not originally installed by the manufacturer at the | ||
original point of assembly. | ||
(c) The restrictions of subsections 12-207 (a) and 12-207 | ||
(b) of this Act shall not apply to authorized emergency | ||
vehicles or equipment used for snow and ice removal operations | ||
if owned or operated by or for any governmental body. | ||
(d) The minimum and maximum height restrictions prescribed | ||
in subsection (b) of Section 12-207 shall not apply to | ||
privately owned motor vehicles on which a snow plow is | ||
mounted, while in transit between or during snow and ice | ||
removal operations. This exemption shall apply only during the | ||
period from November 15 through April 1, and only when the snow | ||
plow blade, commonly referred to as a "moldboard", is properly | ||
and securely affixed to the front of the motor vehicle. | ||
(Source: P.A. 85-1010.) | ||
(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208) | ||
Sec. 12-208. Signal lamps and signal devices. | ||
(a) Every vehicle other than an antique vehicle displaying | ||
an antique plate or an expanded-use antique vehicle displaying | ||
expanded-use antique vehicle plates operated in this State | ||
shall be equipped with a stop lamp or lamps on the rearmost | ||
rear of the vehicle which shall display a red or amber light |
visible from a distance of not less than 500 feet to the rear | ||
in normal sunlight and which shall be actuated upon | ||
application of the service (foot) brake, and which may but | ||
need not be incorporated with other rear lamps. During times | ||
when lighted lamps are not required, an antique vehicle or an | ||
expanded-use antique vehicle may be equipped with a stop lamp | ||
or lamps on the rear of such vehicle of the same type | ||
originally installed by the manufacturer as original equipment | ||
and in working order. However, at all other times, except as | ||
provided in subsection (a-1), such antique vehicle or | ||
expanded-use antique vehicle must be equipped with stop lamps | ||
meeting the requirements of Section 12-208 of this Act. | ||
(a-1) A motorcycle or an antique vehicle or an | ||
expanded-use antique vehicle, including an antique motorcycle, | ||
may display a blue light or lights of up to one inch in | ||
diameter as part of the vehicle's rear stop lamp or lamps. | ||
(b) Every motor vehicle other than an antique vehicle | ||
displaying an antique plate or an expanded-use antique vehicle | ||
displaying expanded-use antique vehicle plates shall be | ||
equipped with an electric turn signal device which shall | ||
indicate the intention of the driver to turn to the right or to | ||
the left, change lanes, turn a vehicle, or otherwise turn or | ||
maneuver a vehicle from a direct course of travel in the form | ||
of flashing lights located at and showing to the front and rear | ||
of the vehicle on the side of the vehicle toward which the turn | ||
is to be made. The lamps showing to the front shall be mounted |
on the same level and as widely spaced laterally as | ||
practicable and, when signaling, shall emit a white or amber | ||
light, or any shade of light between white and amber. The lamps | ||
showing to the rear shall be mounted on the same level and as | ||
widely spaced laterally as practicable and, when signaling, | ||
shall emit a red or amber light. An antique vehicle or | ||
expanded-use antique vehicle shall be equipped with a turn | ||
signal device of the same type originally installed by the | ||
manufacturer as original equipment and in working order. | ||
(c) Every trailer and semitrailer shall be equipped with | ||
an electric turn signal device which indicates the intention | ||
of the driver in the power unit to turn to the right or to the | ||
left in the form of flashing red or amber lights located at the | ||
rear of the vehicle on the side toward which the turn is to be | ||
made and mounted on the same level and as widely spaced | ||
laterally as practicable. | ||
(d) Turn signal lamps must be visible from a distance of | ||
not less than 300 feet in normal sunlight. | ||
(e) Motorcycles and motor-driven cycles need not be | ||
equipped with electric turn signals. Antique vehicles and | ||
expanded-use antique vehicles need not be equipped with turn | ||
signals unless such were installed by the manufacturer as | ||
original equipment. | ||
(f) (Blank). | ||
(g) Motorcycles and motor-driven cycles may be equipped | ||
with a stop lamp or lamps on the rear of the vehicle that |
display a red or amber light, visible from a distance of not | ||
less than 500 feet to the rear in normal sunlight, that flashes | ||
and becomes steady only when the brake is actuated. | ||
(h) Electric turn signal lamps shall not be flashed or | ||
left in the on position other than to indicate the intention of | ||
a driver to turn a vehicle left or right, change lanes, or | ||
otherwise turn or maneuver a vehicle from a direct course of | ||
travel. | ||
(Source: P.A. 102-508, eff. 8-20-21.) | ||
(625 ILCS 5/12-210) (from Ch. 95 1/2, par. 12-210) | ||
Sec. 12-210. Use of head lamps and auxiliary driving | ||
lamps. (a) Whenever the driver of any vehicle equipped with an | ||
electric driving head lamp, driving head lamps, auxiliary | ||
driving lamp or auxiliary driving lamps is within 500 feet of | ||
another vehicle approaching from the opposite direction, the | ||
driver shall dim or drop such head lamp or head lamps and shall | ||
extinguish all auxiliary driving lamps. | ||
(b) The driver of any vehicle equipped with an electric | ||
driving head lamp, head lamps, auxiliary driving lamp or | ||
auxiliary driving lamps shall dim or drop such head lamp or | ||
head lamps and shall extinguish all auxiliary driving lamps | ||
when there is another vehicle traveling in the same direction | ||
less than 300 feet to the front of him. | ||
(c) No vehicle shall have the lighting system modified to | ||
allow more than 2 electric head lamps to be lighted while |
operating in the dimmed or dropped position. | ||
(d) Nothing in this Section shall prohibit the use of 2 | ||
auxiliary driving lamps mounted on the frontmost of the motor | ||
vehicle that emit white or amber light without glare, | ||
installed by the manufacturer at the original point of | ||
assembly , commonly referred to as "fog" lamps, when used in | ||
conjunction with head lamps . All lamps, including auxiliary | ||
driving lamps, shall be , if such auxiliary driving lamps are | ||
adjusted and so aimed that the glaring rays are not projected | ||
into the eyes of drivers of oncoming vehicles. As used in this | ||
subsection, "auxiliary driving lamp" means a lamp, whether | ||
temporarily or permanently installed on a vehicle, not | ||
originally installed by the manufacturer at the original point | ||
of assembly. | ||
(Source: P.A. 85-1144.) | ||
(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312) | ||
Sec. 15-312. Fees for police escort. When State Police | ||
escorts are required by the Department of Transportation for | ||
the safety of the motoring public, the following fees shall be | ||
paid by the applicant: | ||
(1) to the Department of Transportation: $40 per hour | ||
per vehicle based upon the pre-estimated time of the | ||
movement to be agreed upon between the Department and the | ||
applicant, with a minimum fee of $80 per vehicle; and | ||
(2) to the Illinois State Police: $75 per hour per |
State Police vehicle based upon the actual time of the | ||
movement, with a minimum fee of $300 per State Police | ||
vehicle. The Illinois State Police shall remit the moneys | ||
to the State Treasurer, who shall deposit the moneys into | ||
the State Police Operations Assistance Fund. | ||
The actual time of the movement shall be the time the | ||
police escort is required to pick up the movement to the time | ||
the movement is completed. Any delays or breakdowns shall be | ||
considered part of the movement time. Any fraction of an hour | ||
shall be rounded up to the next whole hour. | ||
The State Police may use an online payment system to | ||
accept fees for police escorts. | ||
(Source: P.A. 102-505, eff. 8-20-21.) |