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| Public Act 097-0763 | ||||
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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 | ||||
Section 11-402 as follows:
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(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
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Sec. 11-402. Motor vehicle accident involving damage to | ||||
vehicle. | ||||
(a)
The driver of any vehicle involved in a motor vehicle | ||||
accident
resulting only in damage to a vehicle which is driven | ||||
or attended by any person shall
immediately stop such vehicle | ||||
at the scene of such motor vehicle accident
or as close thereto | ||||
as possible, but shall forthwith return to and in every event
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shall remain at the scene of such motor vehicle accident until | ||||
the
requirements of Section 11-403 have been fulfilled. A | ||||
driver does not violate this Section if the driver moves the | ||||
vehicle as soon as possible off the highway to the nearest safe | ||||
location on an exit ramp shoulder, a frontage road, the nearest | ||||
suitable cross street, or other suitable location that does not | ||||
obstruct traffic and
remains at that location until the driver | ||||
has fulfilled the requirements of Section 11-403. Every such | ||||
stop
shall be made without obstructing traffic
more than is | ||||
necessary. If a damaged vehicle is obstructing traffic lanes, | ||||
the driver of the vehicle must make every reasonable effort to | ||
move the vehicle or have it moved so as not to block the | ||
traffic lanes.
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Any person failing to comply with this Section shall be | ||
guilty of a Class
A misdemeanor.
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(b) Upon conviction of a violation of this Section, the | ||
court shall make
a finding as to whether the damage to a | ||
vehicle is in excess of $1,000,
and in such case a statement of | ||
this finding shall be reported to the Secretary
of State with | ||
the report of conviction as required by Section 6-204 of this
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Code. Upon receipt of such report of conviction and statement | ||
of finding
that the damage to a vehicle is in excess of $1,000, | ||
the Secretary of State
shall suspend the driver's license or | ||
any nonresident's driving privilege. | ||
(c) If any peace officer or highway authority official | ||
finds (i) a vehicle standing upon a highway or toll highway in | ||
violation of a prohibition, limitation, or restriction on | ||
stopping, standing, or parking imposed under this Code or (ii) | ||
a disabled vehicle that obstructs the roadway of a highway or | ||
toll highway, the peace officer or highway authority official | ||
is authorized to move the vehicle or to require the operator of | ||
the vehicle to move the vehicle to the shoulder of the road, to | ||
a position where parking is permitted, or to public parking or | ||
storage premises. The removal may be performed by, or under the | ||
direction of, the peace officer or highway authority official | ||
or may be contracted for by local authorities. After the | ||
vehicle has been removed, the peace officer or highway | ||
authority official shall follow appropriate procedures, as | ||
provided in Section 4-203 of this Code. | ||
(d) A towing service, its officers, and its employees are | ||
not liable for loss of or damages to any real or personal | ||
property that occurs as the result of the removal or towing of | ||
any vehicle under subsection (c), as provided in subsection (b) | ||
of Section 4-213.
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(Source: P.A. 95-407, eff. 1-1-08.)
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