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| Public Act 096-0487 |
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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 1-113.1, 1-202.1, 3-107, 3-406, 3-804.1, 3-804.2, | ||||
12-201, 12-208, and 12-301 as follows:
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(625 ILCS 5/1-113.1)
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Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
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least 25 years of age and of a model year after 1948 or a | ||||
vehicle that has
been certified by an inspector of the National | ||||
Street Rod Association, on a
form prescribed by the Secretary | ||||
of State, to be a custom vehicle
manufactured to resemble a | ||||
vehicle at least 25 years of age and of a model
year after 1948 | ||||
and has been
altered from the manufacturer's original design or | ||||
has a
body constructed from non-original materials
and which is
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maintained for occasional transportation,
exhibitions, club | ||||
activities, parades, tours, and similar uses
and which is not | ||||
used for general daily transportation.
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(Source: P.A. 92-668, eff. 1-1-03.)
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(625 ILCS 5/1-202.1)
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Sec. 1-202.1. Street rod. A motor vehicle that is a
1948 or | ||||
older vehicle or a vehicle that has been certified by an | ||||
inspector
of
the National Street Rod Association, on a form | ||
prescribed by the Secretary
of State, to be a street rod that | ||
was manufactured after 1948 to resemble a
vehicle that was | ||
manufactured before
1949 and has been altered from the | ||
manufacturer's
original design or has a body constructed from | ||
non-original materials
and which is
maintained
for occasional | ||
transportation,
exhibitions, club activities, parades, tours, | ||
and similar uses
and which is not used for general daily | ||
transportation.
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(Source: P.A. 92-668, eff. 1-1-03.)
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(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
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Sec. 3-107. Contents and effect.
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(a) Each certificate of title issued by the Secretary of | ||
State shall
contain:
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1. the date issued;
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2. the name and address of the owner;
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3. the names and addresses of any lienholders, in the | ||
order of
priority as shown on the application or, if the | ||
application is based on
a certificate of title, as shown on | ||
the certificate;
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4. the title number assigned to the vehicle;
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5. a description of the vehicle including, so far as | ||
the following
data exists: its make, year-model, | ||
identifying number, type of body,
whether new or used, as | ||
to house trailers as defined in Section 1-128 of
this Code, | ||
the square footage of the vehicle based upon the outside
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dimensions of the house trailer excluding the length of the | ||
tongue and
hitch, and, if a new vehicle, the date of the | ||
first sale of the vehicle
for use;
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6. an odometer certification as provided for in
this | ||
Code; and
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7. any other data the Secretary of State prescribes.
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(a-5) In the event the applicant seeks to have the vehicle | ||
titled as a custom vehicle or street rod, that fact must be | ||
stated in the application. The custom vehicle or street rod | ||
must be inspected as required by Section 3-406 of this Code | ||
prior to issuance of the title. Upon successful completion of | ||
the inspection, the vehicle may be titled in the following | ||
manner. The make of the vehicle shall be listed as the make of | ||
the actual vehicle or the make it is designed to resemble | ||
(e.g., Ford or Chevrolet); the model of the vehicle shall be | ||
listed as custom vehicle or street rod; and the year of the | ||
vehicle shall be listed as the year the actual vehicle was | ||
manufactured or the year it is designed to resemble. A vehicle | ||
previously titled as other than a custom vehicle or street rod | ||
may be issued a corrected title reflecting the custom vehicle | ||
or street rod model if it otherwise meets the requirements for | ||
the designation. | ||
(b) The certificate of title shall contain forms for | ||
assignment and
warranty of title by the owner, and for | ||
assignment and warranty of title
by a dealer, and may contain | ||
forms for applications for a certificate of
title by a | ||
transferee, the naming of a lienholder and the assignment or
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release of the security interest of a lienholder. | ||
(b-5) The Secretary of State shall designate on a | ||
certificate of title a space where the owner of a vehicle may | ||
designate a beneficiary, to whom ownership of the vehicle shall | ||
pass in the event of the owner's death.
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(c) A certificate of title issued by the Secretary of State | ||
is prima
facie evidence of the facts appearing on it.
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(d) A certificate of title for a vehicle is not subject to
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garnishment, attachment, execution or other judicial process, | ||
but this
subsection does not prevent a lawful levy upon the | ||
vehicle.
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(e) Any certificate of title issued by the Secretary of | ||
State is
subject to a lien in favor of the State of Illinois | ||
for any fees or
taxes required to be paid under this Act and as | ||
have not been paid, as
provided for in this Code.
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(Source: P.A. 95-784, eff. 1-1-09.)
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(625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
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Sec. 3-406. Application for specially constructed, | ||
reconstructed, custom, street rod, or foreign vehicles. | ||
(a) In the event the vehicle to be registered is a | ||
specially
constructed, reconstructed or foreign vehicle, such | ||
fact shall be stated in
the application and with reference to | ||
every foreign vehicle which has been
registered heretofore | ||
outside of this State the owner shall surrender to
the | ||
Secretary of State all registration plates, registration cards | ||
or other
evidence of such foreign registration as may be in his | ||
possession or under
his control except as provided in | ||
subdivision (b) hereof.
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(b) Where in the course of interstate operation of a | ||
vehicle registered
in another State, it is desirable to retain | ||
registration of said vehicle in
such other State, such | ||
applicant need not surrender but shall submit for
inspection | ||
said evidences of such foreign registration and the Secretary | ||
of
State upon a proper showing shall register said vehicle in | ||
this State but
shall not issue a certificate of title for such | ||
vehicle.
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(c) In the event the applicant seeks to have the vehicle | ||
registered as a custom vehicle or street rod, that fact must be | ||
stated in the application. Prior to registration, custom | ||
vehicles or street rods must be inspected by the Secretary of | ||
State Department of Police. Upon successful completion of the | ||
inspection, the vehicle may be registered in the following | ||
manner. The make of the vehicle shall be listed as the make of | ||
the actual vehicle or the make it is designed to resemble | ||
(e.g., Ford or Chevrolet); the model of the vehicle shall be | ||
listed as custom vehicle or street rod; and the year of the | ||
vehicle shall be listed as the year the actual vehicle was | ||
manufactured or the year it is designed to resemble. | ||
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-804.1)
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Sec. 3-804.1. Custom vehicles.
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(a) The owner of a custom vehicle may register that vehicle | ||
for
the standard
registration fee for a vehicle of the first | ||
division, other than a motorcycle,
motor driven
cycle, or | ||
pedalcycle, and obtain a custom vehicle plate. An applicant for
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the
special plate shall be charged, in addition to the standard | ||
registration fee,
$15 for original issuance to be deposited | ||
into the Secretary of State Special
License Plate Fund, to be | ||
used by the Secretary to help defray administrative
costs. For | ||
each renewal period, in addition to the standard registration | ||
fee,
the applicant shall be charged $2, which shall be | ||
deposited into the Secretary
of
State Special License Plate | ||
Fund.
The
application for
registration must be accompanied by | ||
an affirmation of
the owner that the vehicle will be
maintained
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for
occasional transportation,
exhibitions, club
activities, | ||
parades, tours, and similar uses and
will
not be used for | ||
general daily
transportation.
The Secretary may,
in his or her | ||
discretion, prescribe that custom vehicle plates be issued for | ||
a
definite or an indefinite term, the term to correspond to the | ||
term of
registration plates issued generally, as provided in | ||
Section 3-414.1. Any
person requesting custom vehicle plates | ||
under this
Section
may also apply to have vanity or | ||
personalized plates as provided under
Section 3-405.1.
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(b) Upon initial registration of a custom vehicle, the | ||
owner of the
custom vehicle must have the vehicle inspected as | ||
required by Section 3-406 of this Code provide proof acceptable | ||
to the Secretary that, no more
than 3 months before the date of | ||
the application for registration, the custom
vehicle passed a | ||
safety inspection that (i) has been approved by the
Secretary | ||
and (ii) is equivalent
to the National Street Rod Association's
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prescribed vehicle safety inspection.
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Except where otherwise provided, custom vehicles are | ||
considered to be
in compliance with all vehicle equipment | ||
requirements if they have passed the
approved vehicle safety | ||
inspection.
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(Source: P.A. 92-668, eff. 1-1-03.)
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(625 ILCS 5/3-804.2)
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Sec. 3-804.2. Street rods.
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(a) The owner of a street rod may register the vehicle for
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the standard
registration fee
for a vehicle of the first | ||
division, other than a motorcycle, motor driven
cycle, or
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pedalcycle, and obtain a street rod plate. An applicant for the | ||
special
plate
shall be charged, in addition to the standard | ||
registration fee, $15 for
original
issuance to be deposited | ||
into the Secretary of State Special License Plate
Fund, to be | ||
used by the Secretary to help defray administrative costs. For
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each renewal period, in addition to the standard registration | ||
fee, the
applicant shall be charged $2, which shall be
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deposited into the Secretary of State Special License Plate | ||
Fund. The
application for
registration must be accompanied by | ||
an affirmation of
the owner that the vehicle will be maintained
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for
occasional transportation,
exhibitions, club activities, | ||
parades, tours, and similar uses and
will
not be used for
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general daily transportation.
The Secretary may,
in his or her | ||
discretion, prescribe that street rod plates be issued for a
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definite or an indefinite term, the term to correspond to the | ||
term of
registration plates issued generally, as provided in | ||
Section 3-414.1. Any
person requesting street rod plates under | ||
this Section
may also apply to have vanity or personalized | ||
plates as provided under
Section 3-405.1.
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(b) Upon initial registration of a street rod, the owner of | ||
the street
rod must have the vehicle inspected as required by | ||
Section 3-406 of this Code provide proof acceptable to the | ||
Secretary that, no more than 3
months before the date of the | ||
application for registration, the street rod
passed a safety | ||
inspection that (i) has been approved by the Secretary and (ii)
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is
equivalent to the National Street Rod Association's | ||
prescribed vehicle
safety inspection.
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Except where otherwise provided, street rods are | ||
considered to be in
compliance with all vehicle equipment | ||
requirements if they have passed the
approved vehicle safety | ||
inspection.
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(Source: P.A. 92-668, eff. 1-1-03.)
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(625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
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Sec. 12-201. When lighted lamps are required.
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(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.
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(b) All other motor vehicles shall
exhibit at least 2 | ||
lighted head lamps, with at least one on each side
of the front | ||
of the vehicle, which satisfy United States Department of
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Transportation requirements, 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 rear and right 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
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motorcycles need be equipped with only one such tail lamp.
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(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
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are lighted.
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(d) A person shall install only head lamps that satisfy | ||
United States
Department of Transportation regulations and | ||
show white light, including that
emitted by HID lamps, or light | ||
of a yellow or amber tint for use by a motor
vehicle.
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(e) (Blank). For purposes of this Section, a custom vehicle | ||
or street rod is
considered to be in compliance with all | ||
vehicle lamp requirements if it has
passed the approved safety | ||
inspection provided for in Section 3-804.1 or
3-804.2.
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(Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00; 92-16, | ||
eff.
6-28-01; 92-668, eff. 1-1-03.)
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(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
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Sec. 12-208. Signal lamps and signal devices.
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(a) Every vehicle other than an antique vehicle displaying | ||
an antique
plate operated in this State shall be equipped with | ||
a stop lamp or lamps on
the 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,
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and which may but need not be incorporated with other rear | ||
lamps. During
times when lighted lamps are not required, an | ||
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
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(a-1), such antique vehicle must be
equipped with stop lamps | ||
meeting the requirements of Section 12-208 of this
Act.
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(a-1) An 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.
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(b) Every motor vehicle other than an antique vehicle | ||
displaying an
antique plate 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 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 shall be equipped with | ||
a turn signal
device of the same type originally installed by | ||
the manufacturer as
original equipment and in working order.
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(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.
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(d) Turn signal lamps must be visible from a distance of | ||
not less than
300 feet in normal sunlight.
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(e) Motorcycles and motor-driven cycles need not be | ||
equipped with
electric turn signals. Antique vehicles need not | ||
be equipped with turn
signals unless such were installed by the | ||
manufacturer as original
equipment.
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(f) (Blank). For purposes of this Section, a custom vehicle | ||
or street rod is
considered to be in compliance with all signal | ||
lamp and signal device
requirements if it has passed the | ||
approved safety inspection provided for in
Section 3-804.1 or | ||
3-804.2.
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(Source: P.A. 94-299, eff. 7-21-05.)
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(625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
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Sec. 12-301. Brakes.
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(a) Brake equipment required.
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1. Every motor vehicle,
other than a motor-driven cycle | ||
and an antique vehicle displaying an
antique plate, when | ||
operated upon a highway shall be equipped with brakes
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adequate to control the movement of and to stop and hold | ||
such vehicle,
including 2 separate means of applying the | ||
brakes, each of which means
shall be effective to apply the | ||
brakes to at least one wheel on a
motorcycle and at least 2 | ||
wheels on all other first division and second
division | ||
vehicles. If these 2 separate means of applying the brakes | ||
are
connected in any way, they shall be so constructed that | ||
failure of any one
part of the operating mechanism shall | ||
not leave the motor vehicle without
brakes.
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2. Every motor-driven cycle when operated upon a | ||
highway shall be
equipped with at least one brake which may | ||
be operated by hand or foot.
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3. Every antique vehicle shall be equipped with the | ||
brakes of the
same type originally installed by the | ||
manufacturer as original equipment
and in working order.
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4. Except as provided in paragraph 4.1, every trailer | ||
or semitrailer
of a gross weight of over 3,000 pounds,
when | ||
operated upon a highway must be equipped with brakes | ||
adequate
to control the movement of, to stop and to hold | ||
such vehicle, and
designed so as to be operable by the | ||
driver of the towing vehicle from
its cab. Such brakes must | ||
be so designed and connected that in case of
an accidental | ||
breakaway of a towed vehicle over 5,000 pounds, the
brakes | ||
are automatically applied.
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4.1. Every boat trailer
of a gross weight of over 3,000 | ||
pounds,
when operated upon a highway, must be equipped with | ||
brakes adequate
to control the movement of, to stop, and to | ||
hold that boat trailer.
The brakes must be designed to | ||
ensure that, in case of
an accidental breakaway of a towed | ||
boat trailer over 5,000 pounds, the
brakes are | ||
automatically applied.
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5. Every motor vehicle, trailer, pole trailer or | ||
semitrailer, sold
in this State or operated upon the | ||
highways shall be equipped with
service brakes upon all | ||
wheels of every such vehicle, except any
motor-driven | ||
cycle, and except that any trailer, pole trailer or
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semitrailer 3,000 pounds gross weight or less need not be | ||
equipped
with brakes, and except that any trailer or | ||
semitrailer with gross
weight over 3,000 pounds but under | ||
5,001 pounds need be equipped with
brakes on only one wheel | ||
on each side of the vehicle. Any motor vehicle
and truck | ||
tractor having 3 or more axles and manufactured prior to | ||
July
25, 1980 need not have brakes on the front wheels, | ||
except when such
vehicles are equipped with at least 2 | ||
steerable axles, the wheels of one
such axle need not be | ||
equipped with brakes. However, a vehicle that is more
than | ||
30 years of age and which is driven on the highways only in | ||
going to
and returning from an antique auto show or for | ||
servicing or for a
demonstration need be equipped with 2 | ||
wheel brakes only.
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(b) Performance ability of brakes.
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1. The service brakes upon any
motor vehicle or | ||
combination of vehicles operating on a level surface
shall | ||
be adequate to stop such vehicle or vehicles when traveling | ||
20
miles per hour within a distance of 30 feet when upon | ||
dry asphalt or
concrete pavement surface free from loose | ||
material.
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2. Under the above conditions the hand brake shall be | ||
adequate to
stop such vehicle or vehicles, except any | ||
motorcycle, within a distance
of 55 feet and the hand brake | ||
shall be adequate to hold such vehicle or
vehicles | ||
stationary on any grade upon which operated.
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3. Under the above conditions the service brakes upon | ||
an antique
vehicle shall be adequate to stop the vehicle | ||
within a distance of 40
feet and the hand brake adequate to | ||
stop the vehicle within a distance
of 55 feet.
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4. All braking distances specified in this Section | ||
apply to all
vehicles mentioned, whether such vehicles are | ||
unloaded or are loaded to
the maximum capacity permitted | ||
under this Act.
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5. All brakes shall be maintained in good working order | ||
and shall be
so adjusted as to operate as equally as | ||
practicable with respect to the
wheels on opposite sides of | ||
the vehicle.
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6. Brake assembly requirements for mobile homes shall | ||
be the standards
required by the United States Department | ||
of Housing and Urban Development
adopted under Title VI of | ||
the Housing and Community Development Act of 1974.
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(c) (Blank). For purposes of this Section, a custom vehicle | ||
or street rod is
considered to be in compliance with all brake | ||
equipment requirements if it has
passed the approved vehicle | ||
safety inspection provided for in Section 3-804.1
or 3-804.2.
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(Source: P.A. 92-668, eff. 1-1-03; 93-344, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2010.
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