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| Public Act 098-0337 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-605.1 as follows: | ||||
(625 ILCS 5/11-605.1) | ||||
Sec. 11-605.1. Special limit while traveling through a | ||||
highway construction or maintenance speed zone. | ||||
(a) A person may not operate a motor vehicle in a | ||||
construction or maintenance speed zone at a speed in excess of | ||||
the posted speed limit when workers are present.
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(a-5) A person may not operate a motor vehicle in a | ||||
construction or maintenance speed zone at a speed in excess of | ||||
the posted speed limit when workers are not present. | ||||
(b) Nothing in this Chapter prohibits the use of electronic | ||||
speed-detecting devices within 500 feet of signs within a | ||||
construction or maintenance speed zone indicating the zone, as | ||||
defined in this Section, nor shall evidence obtained by use of | ||||
those devices be inadmissible in any prosecution for speeding, | ||||
provided the use of the device shall apply only to the | ||||
enforcement of the speed limit in the construction or | ||||
maintenance speed zone.
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(c) As used in this Section, a "construction or maintenance | ||||
speed zone" is an area in which the Department, Toll Highway | ||
Authority, or local agency has posted signage advising drivers | ||
that a construction or maintenance speed zone is being | ||
approached, or in which the Department, Authority, or local | ||
agency has posted a lower speed limit with a highway | ||
construction or maintenance speed zone special speed limit sign | ||
after determining that the preexisting established speed limit | ||
through a highway construction or maintenance project is | ||
greater than is reasonable or safe with respect to the | ||
conditions expected to exist in the construction or maintenance | ||
speed zone. | ||
If it is determined that the preexisting established speed | ||
limit is safe with respect to the conditions expected to exist | ||
in the construction or maintenance speed zone, additional speed | ||
limit signs which conform to the requirements of this | ||
subsection (c) shall be posted. | ||
Highway construction or maintenance speed zone special | ||
speed limit signs shall be of a design approved by the | ||
Department. The signs must give proper due warning that a | ||
construction or maintenance speed zone is being approached and | ||
must indicate the maximum speed limit in effect. The signs also | ||
must state the amount of the minimum fine for a violation.
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(d) A first violation of this Section is a petty offense | ||
with a minimum fine of $250. A second or subsequent violation | ||
of this Section is a petty offense with a minimum fine of $750. | ||
(e) If a fine for a violation of this Section is $250 or | ||
greater, the person who violated this Section shall be charged | ||
an additional $125, which shall be deposited into the | ||
Transportation Safety Highway Hire-back Fund in the State | ||
treasury, unless (i) the violation occurred on a highway other | ||
than an interstate highway and (ii) a county police officer | ||
wrote the ticket for the violation, in which case the $125 | ||
shall be deposited into that county's Transportation Safety | ||
Highway Hire-back Fund. In the case of a second or subsequent | ||
violation of this Section, if the fine is $750 or greater, the | ||
person who violated this Section shall be charged an additional | ||
$250, which shall be deposited into the Transportation Safety | ||
Highway Hire-back Fund in the State treasury, unless (i) the | ||
violation occurred on a highway other than an interstate | ||
highway and (ii) a county police officer wrote the ticket for | ||
the violation, in which case the $250 shall be deposited into | ||
that county's Transportation Safety Highway Hire-back Fund.
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(e-5) The Department of State Police and the local county | ||
police department have concurrent jurisdiction over any | ||
violation of this Section that occurs on an interstate highway.
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(f) The Transportation Safety Highway Hire-back Fund, | ||
which was created by Public Act 92-619, shall continue to be a | ||
special fund in the State treasury. Subject to appropriation by | ||
the General Assembly and approval by the Secretary, the | ||
Secretary of Transportation shall use all moneys in the | ||
Transportation Safety Highway Hire-back Fund to hire off-duty | ||
Department of State Police officers to monitor construction or | ||
maintenance zones. | ||
(f-5) Each county shall create a Transportation Safety | ||
Highway Hire-back Fund. The county shall use all moneys in its | ||
Transportation Safety Highway Hire-back Fund to hire off-duty | ||
county police officers to monitor construction or maintenance | ||
zones in that county on highways other than interstate | ||
highways.
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(g) For a second or subsequent violation of this Section | ||
within 2 years of the date of the previous violation, the | ||
Secretary of State shall suspend the driver's license of the | ||
violator for a period of 90 days.
This suspension shall only be
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imposed if the current violation of this Section and at least | ||
one prior violation of this Section
occurred during a period | ||
when workers were present in the
construction or maintenance | ||
zone.
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(Source: P.A. 97-830, eff. 1-1-13.)
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