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| Public Act 094-0619 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 2-111, 3-616, 3-704, 3-808.1, 11-1301.3, 11-1301.5, | ||||
11-1301.6, and 12-401 as follows: | ||||
(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) | ||||
Sec. 2-111. Seizure or confiscation of documents and | ||||
plates.
(a) The Secretary of State is
authorized to take | ||||
possession of any certificate of title, registration
card, | ||||
permit, license, registration plate, plates, disability
person | ||||
with disabilities
license plate or parking decal or device, or | ||||
registration sticker
issued by him upon expiration, | ||||
revocation, cancellation or suspension thereof,
or which is | ||||
fictitious, or which has been unlawfully or erroneously issued.
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Police officers who have reasonable grounds to believe that any | ||||
item or
items listed in this section should be seized shall | ||||
request the Secretary
of State to take possession of such item | ||||
or items.
| ||||
(b) The Secretary of State is authorized to confiscate any | ||||
suspected
fraudulent,
fictitious, or altered documents | ||||
submitted by an applicant in support of an
application for
a | ||||
driver's license or permit.
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(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
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Sec. 3-616. Disability
Person with disabilities license | ||||
plates.
| ||||
(a) Upon receiving an application for a certificate of | ||||
registration for
a motor vehicle of the first division or for a | ||||
motor vehicle of the second
division weighing no more than | ||||
8,000 pounds, accompanied with payment of the
registration fees | ||||
required under this Code from a person with disabilities or
a | ||
person who is deaf or hard of hearing, the Secretary of State,
| ||
if so requested, shall issue to such person registration plates | ||
as provided for
in Section 3-611, provided that the person with | ||
disabilities or person who is
deaf or hard of hearing must not | ||
be disqualified from obtaining a driver's
license under | ||
subsection 8 of Section 6-103 of this Code, and further | ||
provided
that any person making such a request must submit a | ||
statement, certified by
a
licensed physician, by a physician | ||
assistant who has been delegated the
authority to make this | ||
certification by his or her supervising physician, or by
an | ||
advanced practice nurse who has a written collaborative | ||
agreement with a
collaborating physician that authorizes the | ||
advanced practice nurse to make
this certification, to
the | ||
effect that such person is a person with disabilities
as | ||
defined by Section 1-159.1 of this Code, or alternatively | ||
provide adequate
documentation that such person has a Class 1A, | ||
Class 2A or Type Four
disability under the provisions of | ||
Section 4A of the Illinois Identification
Card Act. For | ||
purposes of this Section, an Illinois Disabled Person
| ||
Identification Card issued pursuant to the Illinois | ||
Identification Card Act
indicating that the person thereon | ||
named has a disability shall be adequate
documentation of such | ||
a disability.
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(b) The Secretary shall issue plates under this Section to | ||
a parent or
legal guardian of a person with disabilities if the | ||
person with disabilities
has a Class 1A or Class 2A disability | ||
as defined in Section 4A of the Illinois
Identification Card | ||
Act or is a person with disabilities as defined by Section
| ||
1-159.1 of this Code, and does not possess a vehicle registered | ||
in his or her
name, provided that the person with disabilities | ||
relies frequently on the
parent or legal guardian for | ||
transportation. Only one vehicle per family
may be registered | ||
under this subsection, unless the applicant can justify in
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writing the need for one additional set of plates. Any person | ||
requesting
special plates under this subsection shall submit | ||
such documentation or such
physician's, physician assistant's, | ||
or advanced practice nurse's
statement as is required in | ||
subsection
(a) and a statement
describing the circumstances | ||
qualifying for issuance of special plates under
this | ||
subsection.
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(c) The Secretary may issue a person with disabilities
| ||
parking decal or
device to a person with disabilities as | ||
defined by Section 1-159.1 without
regard to qualification of | ||
such person with disabilities for a driver's license
or | ||
registration of a vehicle by such person with disabilities or | ||
such person's
immediate family, provided such person with | ||
disabilities making such a request
has been issued a Disabled | ||
Person Identification Card indicating that the
person named | ||
thereon has a Class 1A or Class 2A disability, or | ||
alternatively,
submits a statement certified by a licensed | ||
physician, or by a physician
assistant or an advanced practice | ||
nurse as provided in subsection (a), to
the effect that such
| ||
person is a person with disabilities as defined by Section | ||
1-159.1.
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(d) The Secretary shall prescribe by rules and regulations | ||
procedures
to certify or re-certify as necessary the | ||
eligibility of persons whose
disabilities are other than | ||
permanent for special plates or person with
disabilities
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parking decals or devices issued under subsections (a), (b)
and | ||
(c). Except as provided under subsection (f) of this Section, | ||
no
such special plates, decals or devices shall be issued by | ||
the Secretary of
State to or on behalf of any person with | ||
disabilities unless such person is
certified as meeting the | ||
definition of a person with disabilities pursuant to
Section | ||
1-159.1 or meeting the requirement of a Type Four disability as
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provided under Section 4A of the Illinois Identification Card | ||
Act for the
period of time that the physician, or the physician | ||
assistant or advanced
practice nurse as provided in
subsection | ||
(a), determines the applicant will have the
disability, but not | ||
to exceed 6 months from the date of certification or
| ||
recertification.
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(e) Any person requesting special plates under this Section | ||
may also apply
to have the special plates personalized, as | ||
provided under Section 3-405.1.
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(f) The Secretary of State, upon application, shall issue | ||
disability
person with
disabilities registration plates or a | ||
person with disabilities parking decal to
corporations, school | ||
districts, State or municipal agencies, limited liability
| ||
companies, nursing homes, convalescent homes, or special | ||
education cooperatives
which will transport persons with | ||
disabilities. The Secretary shall prescribe
by rule a means to | ||
certify or re-certify the eligibility of organizations to
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receive disability
person with disabilities plates or decals | ||
and to designate which of the
2 person with disabilities | ||
emblems shall be placed on qualifying
vehicles.
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(g) The Secretary of State, or his designee, may enter into
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agreements with other jurisdictions, including foreign | ||
jurisdictions, on
behalf of this State relating to the | ||
extension of parking privileges by
such jurisdictions to | ||
permanently disabled residents of this State who
display a | ||
special license plate or parking device that contains the
| ||
International symbol of access on his or her motor vehicle, and | ||
to
recognize such plates or devices issued by such other | ||
jurisdictions. This
State shall grant the same parking | ||
privileges which are granted to disabled
residents of this | ||
State to any non-resident whose motor vehicle is licensed
in | ||
another state, district, territory or foreign country if such | ||
vehicle
displays the international symbol of access or a | ||
distinguishing insignia on
license plates or parking device | ||
issued in accordance with the laws of the
non-resident's state, | ||
district, territory or foreign country.
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(Source: P.A. 92-16, eff. 6-28-01; 92-411, eff. 1-1-02;
92-651, | ||
eff. 7-11-02; 93-182, eff. 7-11-03.)
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(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
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Sec. 3-704. Authority of Secretary of State to suspend or | ||
revoke a registration or
certificate of title; authority to | ||
suspend or revoke the registration of a
vehicle.
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(a) The Secretary of State may suspend or revoke the | ||
registration of a
vehicle or a certificate of title, | ||
registration card, registration sticker,
registration plate, | ||
disability
person with disabilities parking decal or device,
or | ||
any nonresident or other permit in any of the following events:
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1. When the Secretary of State is satisfied that such | ||
registration or
that such certificate, card, plate, | ||
registration sticker or permit was
fraudulently or
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erroneously issued;
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2. When a registered vehicle has been dismantled or | ||
wrecked or is not
properly equipped;
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3. When the Secretary of State determines that any | ||
required fees have
not been paid to either the Secretary of | ||
State or the Illinois Commerce
Commission and the same are | ||
not paid upon reasonable notice and demand;
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4. When a registration card, registration plate, | ||
registration sticker
or permit is knowingly
displayed upon | ||
a vehicle other than the one for which issued;
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5. When the Secretary of State determines that the | ||
owner has committed
any offense under this Chapter | ||
involving the registration or the
certificate, card, | ||
plate, registration sticker or permit to be suspended or
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revoked;
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6. When the Secretary of State determines that a | ||
vehicle registered
not-for-hire is used or operated | ||
for-hire unlawfully, or used or operated
for purposes other | ||
than those authorized;
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7. When the Secretary of State determines that an owner | ||
of a for-hire
motor vehicle has failed to give proof of | ||
financial responsibility as
required by this Act;
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8. When the Secretary determines that the vehicle is | ||
not subject to or
eligible for a registration;
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9. When the Secretary determines that the owner of a | ||
vehicle registered
under the mileage weight tax option | ||
fails to maintain the records specified
by law, or fails to | ||
file the reports required by law, or that such vehicle
is | ||
not equipped with an operable and operating speedometer or | ||
odometer;
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10. When the Secretary of State is so authorized under | ||
any other
provision of law;
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11. When the Secretary of State determines that the | ||
holder of a disability
person
with
disabilities parking | ||
decal or device has committed any offense under Chapter 11
| ||
of this Code involving the use of a disability
person with | ||
disabilities parking decal
or device.
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(b) The Secretary of State may suspend or revoke the | ||
registration of a
vehicle as follows:
| ||
1. When the Secretary of State determines that the | ||
owner of a vehicle has
not paid a civil penalty or a | ||
settlement agreement arising from the
violation of rules | ||
adopted under the Illinois Motor Carrier Safety Law or the
| ||
Illinois Hazardous Materials Transportation Act or that a | ||
vehicle, regardless
of ownership, was the subject of | ||
violations of these rules that resulted in a
civil penalty | ||
or settlement agreement which remains unpaid.
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2. When the Secretary of State determines that a | ||
vehicle registered for a
gross weight of more than 16,000 | ||
pounds within an affected area is not in
compliance with | ||
the provisions of Section 13-109.1 of the Illinois Vehicle
| ||
Code.
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(Source: P.A. 92-437, eff. 8-17-01.)
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(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
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Sec. 3-808.1. (a) Permanent vehicle registration plates | ||
shall be issued,
at no charge, to the following:
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1. Vehicles, other than medical transport vehicles, | ||
owned and operated
by the State of Illinois or by any State
| ||
agency financed by funds appropriated by the General | ||
Assembly;
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2. Special disability
person with disabilities plates | ||
issued to vehicles owned and
operated by the State of | ||
Illinois or by any State agency financed by funds
| ||
appropriated by the General Assembly.
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(b) Permanent vehicle registration plates shall be issued, | ||
for a one time
fee of $8.00, to the following:
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1. Vehicles, other than medical transport vehicles, | ||
operated by or
for any county, township or municipal | ||
corporation;
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2. Vehicles owned by counties, townships or municipal | ||
corporations for
persons with disabilities.
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3. Beginning with the 1991 registration year, | ||
county-owned vehicles
operated by or for any county sheriff | ||
and designated deputy sheriffs. These
registration plates | ||
shall contain the specific county code and unit number.
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4. All-terrain vehicles owned by counties, townships, | ||
or municipal
corporations and used for law enforcement | ||
purposes when the Manufacturer's
Statement of Origin is | ||
accompanied with a letter from the original manufacturer
or | ||
a manufacturer's franchised dealer stating that this | ||
all-terrain vehicle
has been
converted to a street worthy | ||
vehicle that meets the equipment requirements set
forth in | ||
Chapter 12 of this Code.
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5. Beginning with the 2001 registration year, | ||
municipally-owned vehicles
operated by or for any police | ||
department. These registration plates shall
contain the | ||
designation "municipal police" and shall be numbered and
| ||
distributed as prescribed by the Secretary of State.
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(Source: P.A. 90-324, eff. 8-1-97; 91-383, eff. 7-30-99.)
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(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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Sec. 11-1301.3. Unauthorized use of parking places | ||
reserved for persons with
disabilities.
| ||
(a) It shall be prohibited to park any motor vehicle which | ||
is not properly
displaying
registration plates or decals issued | ||
to a person with disabilities, as defined
by Section 1-159.1, | ||
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||
disabled veteran pursuant to Section 3-609 of this Act, as | ||
evidence that the
vehicle is operated by or for a person with | ||
disabilities or disabled veteran,
in any parking place, | ||
including any private
or public offstreet parking facility, | ||
specifically reserved, by the
posting of an official sign as | ||
designated under Section 11-301, for
motor vehicles displaying | ||
such registration plates.
It shall be prohibited to park any | ||
motor vehicle in a designated access
aisle adjacent to any | ||
parking place specifically reserved for persons with
| ||
disabilities, by the posting of an official sign as designated | ||
under Section
11-301, for motor vehicles displaying such | ||
registration plates.
When using the parking privileges for | ||
persons with disabilities, the parking
decal or device must be | ||
displayed properly in the vehicle where it is clearly
visible | ||
to law enforcement personnel, either hanging from the rearview | ||
mirror
or placed on the dashboard of the vehicle in clear view.
| ||
An individual with a vehicle properly displaying a person with
| ||
disabilities license plate
or parking decal or device issued to | ||
a disabled person under Sections 3-616,
11-1301.1, or 11-1301.2 | ||
is in violation of this Section if the person is not
the | ||
authorized holder of a person with disabilities license plate | ||
or parking
decal or device and is not transporting the | ||
authorized holder of a person with
disabilities license plate | ||
or parking decal or device to or from the parking
location and | ||
the person uses the person with disabilities license plate or
| ||
parking decal or device to exercise any privileges granted | ||
through the person
with disabilities license plates or parking | ||
decals or devices under this
Code.
Any motor vehicle properly | ||
displaying a disability
person with disabilities license plate | ||
or a person with
disabilities
parking decal or device | ||
containing the International symbol of access
issued to persons | ||
with disabilities by any local authority, state, district,
| ||
territory or foreign country shall be recognized by State and | ||
local
authorities as a valid license plate or device and | ||
receive the same parking
privileges as residents of this State.
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(a-1) An individual with a vehicle displaying disability | ||
license plates or a parking decal or device issued to a | ||
qualified person with a disability under Sections 3-616, | ||
11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||
3-609 is in violation of this Section if (i) the person using | ||
the disability license plate or parking decal or device is not | ||
the authorized holder of the disability license plate or | ||
parking decal or device or is not transporting the authorized | ||
holder of the disability license plate or parking decal or | ||
device to or from the parking location and (ii) the person uses | ||
the disability license plate or parking decal or device to | ||
exercise any privileges granted through the disability license | ||
plate or parking decals or devices under this Code.
| ||
(b) Any person or local authority owning or operating any | ||
public or private
offstreet parking facility may, after | ||
notifying the police or sheriff's
department, remove or cause | ||
to be removed to the nearest garage or other
place of safety | ||
any vehicle parked within a stall or space reserved for
use by | ||
a person with disabilities which does not
display person with | ||
disabilities registration
plates or a special decal or device | ||
as required under this Section.
| ||
(c) Any person found guilty of violating the provisions of | ||
subsection (a)
this
Section shall be fined $250
$100 in | ||
addition to any costs or charges connected
with the removal or | ||
storage of any motor vehicle authorized under this
Section; but | ||
municipalities by ordinance may impose a fine up to $350
$200
| ||
and shall display signs indicating the fine imposed. If the | ||
amount of
the fine is subsequently changed, the municipality | ||
shall change the sign to
indicate the current amount of the | ||
fine.
It shall not be a defense to a charge under this Section | ||
that either the sign posted
pursuant to this
Section or the | ||
intended accessible parking place does not comply with the | ||
technical requirements of Section 11-301,
Department
| ||
regulations, or local ordinance if a reasonable person would be | ||
made aware by
the
sign or notice on or near the parking place | ||
that the place is reserved for a
person
with
disabilities.
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(c-1) Any person found guilty of violating the provisions | ||
of subsection (a-1) shall be fined $500 and may have his or her | ||
driving privileges suspended or revoked by the Secretary of | ||
State for a period of time determined by the Secretary of | ||
State. The Secretary of State may also suspend or revoke the | ||
disability license plates or parking decal or device for a | ||
period of time determined by the Secretary of State. The | ||
circuit clerk shall distribute $250 of the $500 fine imposed on | ||
any person who is found guilty of or pleads guilty to violating | ||
this Section, including any person placed on court supervision | ||
for violating this Section, to the law enforcement agency that | ||
issued the citation or made the arrest. If more than one law | ||
enforcement agency is responsible for issuing the citation or | ||
making the arrest, the $250 shall be shared equally.
| ||
(d) Local authorities shall impose fines as established in | ||
subsections
subsection
(c) and (c-1) for violations of this | ||
Section.
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(e) As used in this Section, "authorized holder" means an | ||
individual
issued a disability
person with disabilities
| ||
license plate under Section 3-616 of this
Code,
or an | ||
individual issued a person with disabilities parking decal or | ||
device
under Section 11-1301.2 of this Code, or an individual | ||
issued a disabled veteran's license plate under Section 3-609 | ||
of this Code.
| ||
(Source: P.A. 91-427, eff. 8-6-99; 92-411, eff. 1-1-02; 92-637, | ||
eff. 1-1-03.)
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(625 ILCS 5/11-1301.5)
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Sec. 11-1301.5. Fictitious or unlawfully altered | ||
disability
person with disabilities
license plate or parking | ||
decal or device.
| ||
(a) As used in this Section:
| ||
"Fictitious disability
person with disabilities license | ||
plate or parking decal or
device" means any issued disability
| ||
person with disabilities license plate or parking
decal
or | ||
device, or any license plate issued to a disabled veteran under | ||
Section 3-609 of this Code, that has been issued by the | ||
Secretary of State or an authorized unit
of local government | ||
that was issued based upon false information contained on
the | ||
required application.
| ||
"False information" means any incorrect or inaccurate | ||
information
concerning
the name, date of birth, social security | ||
number, driver's license number,
physician certification, or | ||
any other information required on the Persons with Disabilities | ||
Certification for Plate or Parking Placard, on the Application | ||
for Replacement Disability Parking Placard, or on the
| ||
application
for license plates issued to disabled veterans | ||
under Section 3-609 of this Code,
a person with disabilities | ||
license plate or parking permit or device that
falsifies the | ||
content of the application.
| ||
"Unlawfully altered disability
person with disabilities
| ||
license plate or parking
permit or device" means any disability
| ||
person with disabilities license plate or parking
permit or | ||
device, or any license plate issued to a disabled veteran under | ||
Section 3-609 of this Code, issued by the Secretary of State or | ||
an authorized unit of
local government that has been physically | ||
altered or changed in such manner
that false information | ||
appears on the license plate or parking decal or device.
| ||
"Authorized holder" means an individual issued a | ||
disability
person with disabilities
license plate under | ||
Section 3-616 of this Code or an individual issued a person
| ||
with disabilities parking decal or device under Section | ||
11-1301.2 of this Code, or an individual issued a disabled | ||
veteran's license plate under Section 3-609 of this Code.
| ||
(b) It is a violation of this Section for any person:
| ||
(1) to knowingly possess any fictitious or unlawfully | ||
altered disability
person with
disabilities license plate | ||
or parking decal or device;
| ||
(2) to knowingly issue or assist in the issuance of, by | ||
the Secretary of
State or unit of local government, any | ||
fictitious disability
person with disabilities
license | ||
plate or parking decal or device;
| ||
(3) to knowingly alter any disability
person with | ||
disabilities license plate or
parking decal or device;
| ||
(4) to knowingly manufacture, possess, transfer, or | ||
provide any
documentation used in the application process | ||
whether real or fictitious, for
the purpose of obtaining a | ||
fictitious disability
person with disabilities license | ||
plate or
parking decal or device;
| ||
(5) to knowingly provide any false information to the | ||
Secretary of State
or a unit of local government in order | ||
to obtain a disability
person with disabilities
license | ||
plate or parking decal or device; or
| ||
(6) to knowingly transfer a disability
person with | ||
disabilities license plate or
parking decal or device for | ||
the purpose of exercising the privileges granted
to an | ||
authorized holder of a disability
person with disabilities
| ||
license plate or parking
decal or device under this Code in | ||
the absence of the authorized holder.
| ||
(c) Sentence.
| ||
(1) Any person convicted of a violation of paragraph | ||
(1), (2), (3), (4), or (5) of subsection (b) of this | ||
Section shall be guilty of
a Class A misdemeanor and fined | ||
not less than $500 for a first offense and shall be guilty | ||
of a Class 4 felony and fined not less than $1,000 for a | ||
second or subsequent offense. Any person convicted of a | ||
violation of subdivision (b)(6) of this Section is guilty | ||
of a Class A misdemeanor and shall be fined not less than | ||
$500 for a first offense and not less than $1,000 for a | ||
second or subsequent offense. The circuit clerk shall | ||
distribute one-half of any fine imposed on any person who | ||
is found guilty of or pleads guilty to violating this | ||
Section, including any person placed on court supervision | ||
for violating this Section, to the law enforcement agency | ||
that issued the citation or made the arrest. If more than | ||
one law enforcement agency is responsible for issuing the | ||
citation or making the arrest, one-half of the fine imposed | ||
shall be shared equally.
| ||
(2) Any person who commits a violation of this Section | ||
may have his
or her driving privileges suspended or revoked | ||
by the Secretary of State for a
period of time determined | ||
by the Secretary of State. The Secretary of State may | ||
suspend or revoke the parking decal or device or the | ||
disability license plate of any person who commits a | ||
violation of this Section.
| ||
(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability
person | ||
with disabilities license plate upon authorization from | ||
the
Secretary of State. Any police officer may request that | ||
the Secretary of State
revoke the parking decal or device | ||
or the disability
person with disabilities license
plate of | ||
any person who commits a violation of this Section.
| ||
(Source: P.A. 92-411, eff. 1-1-02.)
| ||
(625 ILCS 5/11-1301.6)
| ||
Sec. 11-1301.6. Fraudulent disability
person with | ||
disabilities license plate or
parking decal or device.
| ||
(a) As used in this Section:
| ||
"Fraudulent disability
person with disabilities
| ||
license plate or parking decal or
device"
means any | ||
disability
person with disabilities license plate or | ||
parking decal or device
that purports to be an official | ||
disability
person with disabilities license plate or
| ||
parking decal or device and that has not been issued by the | ||
Secretary of State
or an authorized unit of local | ||
government.
| ||
"Disability
Person with disabilities license plate or | ||
parking decal or device-making
implement" means any | ||
implement specially designed or primarily used in the
| ||
manufacture, assembly, or authentication of a disability
| ||
person with disabilities license
plate or parking decal or | ||
device, or a license plate issued to a disabled veteran | ||
under Section 3-609 of this Code, issued by the Secretary | ||
of State or a unit of
local government.
| ||
(b) It is a violation of this Section for any person:
| ||
(1) to knowingly possess any fraudulent disability
| ||
person with disabilities license
plate or parking decal;
| ||
(2) to knowingly possess without authority any | ||
disability
person with disabilities
license plate or | ||
parking decal or device-making implement;
| ||
(3) to knowingly duplicate, manufacture, sell, or | ||
transfer any fraudulent
or stolen disability
person with | ||
disabilities license plate or parking decal or device;
| ||
(4) to knowingly assist in the duplication, | ||
manufacturing, selling, or
transferring of any fraudulent,
| ||
or stolen, or reported lost or damaged disability
person | ||
with disabilities license plate
or parking decal or device; | ||
or
| ||
(5) to advertise or distribute a fraudulent disability
| ||
person with disabilities
license plate or parking decal or | ||
device.
| ||
(c) Sentence.
| ||
(1) Any person convicted of a violation of this Section | ||
shall be guilty of
a Class A misdemeanor and fined not less | ||
than $1,000 for a first offense and shall be guilty of a | ||
Class 4 felony and fined not less than $2,000 for a second | ||
or subsequent offense. The circuit clerk shall distribute | ||
half of any fine imposed on any person who is found guilty | ||
of or pleads guilty to violating this Section, including | ||
any person placed on court supervision for violating this | ||
Section, to the law enforcement agency that issued the | ||
citation or made the arrest. If more than one law | ||
enforcement agency is responsible for issuing the citation | ||
or making the arrest, one-half of the fine imposed shall be | ||
shared equally.
| ||
(2) Any person who commits a violation of this Section | ||
may have his
or her driving privileges suspended or revoked | ||
by the Secretary of State for a
period of time determined | ||
by the Secretary of State.
| ||
(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability
person | ||
with disabilities license plate upon authorization from | ||
the
Secretary of State. Any police officer may request that | ||
the Secretary of State
revoke the parking decal or device | ||
or the disability
person with disabilities license
plate of | ||
any person who commits a violation of this Section.
| ||
(Source: P.A. 92-411, eff. 1-1-02.)
| ||
(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
| ||
Sec. 12-401. Restriction as to tire equipment. No metal | ||
tired vehicle,
including tractors, motor vehicles of the second | ||
division, traction engines
and other similar vehicles, shall be | ||
operated over any improved highway
of this State, if such | ||
vehicle has on the periphery of any of the road wheels
any | ||
block, stud, flange, cleat, ridge, lug or any projection of | ||
metal
or wood which projects radially beyond the tread or | ||
traffic surface
of the tire. This prohibition does not apply
to | ||
pneumatic tires with metal studs used on vehicles operated by | ||
rural
letter carriers who are employed or enjoy a contract with | ||
the United
States Postal Service for the purpose of delivering | ||
mail if such vehicle
is actually used for such purpose during | ||
operations between November
15 of any year and April 1 of the | ||
following year, or to motor vehicles
displaying a disability
| ||
person with disabilities or disabled veteran license plate | ||
whose
owner resides in an unincorporated area located upon a | ||
county or township
highway or road and possesses a valid | ||
driver's license and operates
the vehicle with such tires only | ||
during the period heretofore described,
or to tracked type | ||
motor vehicles when that part of the vehicle coming in
contact | ||
with the road surface does not contain any projections of any | ||
kind
likely to injure the surface of the road; however, | ||
tractors, traction engines,
and similar vehicles may be | ||
operated which have upon their road wheels
V-shaped, diagonal | ||
or other cleats arranged in such a manner as to be
continuously | ||
in contact with the road surface, provided that the gross | ||
weight
upon such wheels per inch of width of such cleats in | ||
contact with the road
surface, when measured in the direction | ||
of the axle of the vehicle, does not
exceed 800 pounds.
| ||
All motor vehicles and all other vehicles in tow thereof, | ||
or thereunto
attached, operating upon any roadway, shall have | ||
tires of rubber or some
material of equal resiliency. Solid | ||
tires shall be considered defective and
shall not be permitted | ||
to be used if the rubber or other material has been
worn or | ||
otherwise reduced to a thickness of less than three-fourths of | ||
an
undue vibration when the vehicle is in motion or to cause | ||
undue
concentration of the wheel load on the surface of the | ||
road. The
requirements of this Section do not apply to | ||
agricultural tractors or
traction engines or to agricultural | ||
machinery, including wagons being
used for agricultural | ||
purposes in tow thereof, or to road rollers or road
building | ||
machinery operated at a speed not in excess of 10 miles per
| ||
hour. All motor vehicles of the second division, operating upon | ||
any
roadway shall have pneumatic tires, unless exempted herein.
| ||
Nothing in this Section shall be deemed to prohibit the use | ||
of tire
chains of reasonable proportion upon any vehicle when | ||
required for
safety because of snow, ice or other conditions | ||
tending to cause a vehicle
to skid.
| ||
(Source: P.A. 88-685, eff. 1-24-95.)
| ||