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Public Act 098-0577 | ||||
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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 11-1301.1 and 11-1301.2 as follows:
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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Sec. 11-1301.1. Persons with disabilities - Parking | ||||
privileges - Exemptions. | ||||
(a) A motor vehicle bearing registration plates issued to a | ||||
person with
disabilities, as defined by Section 1-159.1, | ||||
pursuant to Section 3-616 or to a
disabled veteran pursuant to | ||||
subsection (a) of Section 3-609 or a special decal or device | ||||
issued
pursuant to Section 3-616 or pursuant to Section | ||||
11-1301.2 of this Code or a
motor vehicle registered in another | ||||
jurisdiction, state, district, territory or
foreign country | ||||
upon which is displayed a registration plate, special decal or
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device issued by the other jurisdiction designating the vehicle | ||||
is operated by
or for a person with disabilities shall be | ||||
exempt from the payment of parking
meter fees until January 1, | ||||
2014, and exempt from any statute or ordinance imposing time | ||||
limitations
on parking, except limitations of one-half hour or | ||||
less, on any street or
highway zone, a parking area subject to | ||||
regulation under subsection (a) of Section 11-209 of this Code, |
or any parking lot or parking place which
are owned, leased or | ||
owned and leased by a municipality or a municipal
parking | ||
utility; and shall be recognized by state and local authorities
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as a valid license plate or parking device and shall receive | ||
the same
parking privileges as residents of this State; but, | ||
such vehicle shall be
subject to the laws which prohibit | ||
parking in "no stopping" and "no
standing" zones in front of or | ||
near fire hydrants, driveways, public
building entrances and | ||
exits, bus stops and loading areas, and is
prohibited from | ||
parking where the motor vehicle constitutes a traffic
hazard, | ||
whereby such motor vehicle shall be moved at the instruction | ||
and
request of a law enforcement officer to a location | ||
designated by the
officer. | ||
(b) Any motor vehicle bearing registration plates or a | ||
special decal
or device specified in this Section or in Section | ||
3-616 of this Code or
such parking device as specifically | ||
authorized in Section 11-1301.2 as
evidence that the vehicle is | ||
operated by or for a person with disabilities or bearing | ||
registration plates issued to a
disabled veteran under | ||
subsection (a) of Section 3-609 may park, in addition to any
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other lawful place, in any parking place specifically reserved | ||
for such
vehicles by the posting of an official sign as | ||
provided under Section 11-301.
Parking privileges granted by | ||
this Section are strictly limited
to the person to whom the | ||
special registration plates, special decal or
device were | ||
issued and to qualified operators acting under his or her |
express
direction while the person with disabilities is | ||
present.
A person to whom privileges were granted shall, at the | ||
request of a
police officer or any other person invested by law | ||
with authority to direct,
control, or regulate traffic, present | ||
an identification card with a picture as
verification that the
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person is the person to whom the special registration plates, | ||
special decal or
device was issued.
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(c) Such parking privileges granted by this Section are | ||
also extended to
motor vehicles of not-for-profit | ||
organizations used for the transportation of
persons with | ||
disabilities when such motor vehicles display the decal or | ||
device
issued pursuant to Section 11-1301.2 of this Code.
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(d) No person shall use any area for the parking of any | ||
motor vehicle
pursuant to Section 11-1303 of this Code or where | ||
an official sign
controlling such area expressly prohibits | ||
parking at any time or during
certain hours.
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(e) Beginning January 1, 2014, a vehicle displaying a decal | ||
or device issued under subsection (c-5) of Section 11-1301.2 of | ||
this Code shall be exempt from the payment of fees generated by | ||
parking in a metered space or in a publicly owned parking | ||
structure or area. | ||
(Source: P.A. 96-79, eff. 1-1-10; 97-845, eff. 1-1-13; 97-918, | ||
eff. 1-1-13; revised 8-23-12.)
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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Sec. 11-1301.2. Special decals for parking; persons with |
disabilities.
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(a) The Secretary of State shall provide for, by | ||
administrative rules, the
design, size, color, and placement of | ||
a person with disabilities motorist decal
or device
and shall | ||
provide for, by administrative
rules, the content and form of | ||
an application for a person with disabilities
motorist decal or | ||
device,
which shall be used by local authorities in the | ||
issuance thereof to a
person with temporary disabilities, | ||
provided that the decal or device is
valid for no more than 90 | ||
days, subject to renewal for like periods based upon
continued | ||
disability, and further provided that the decal or device | ||
clearly
sets forth the date that the decal or device expires.
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The application shall
include the requirement of an Illinois | ||
Identification Card number or a State
of Illinois driver's | ||
license number.
This decal or device may be used by the | ||
authorized holder to designate and identify a vehicle not owned | ||
or displaying a
registration plate as provided in Sections | ||
3-609 and 3-616 of this Act to
designate when the vehicle is | ||
being used to transport said person or persons
with | ||
disabilities, and thus is entitled to enjoy all the privileges | ||
that would
be afforded a person with disabilities licensed | ||
vehicle.
Person with disabilities decals or devices issued and | ||
displayed pursuant to
this Section shall be recognized and | ||
honored by all local authorities
regardless of which local | ||
authority issued such decal or device.
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The decal or device shall be issued only upon a showing by |
adequate
documentation that the person for whose benefit the | ||
decal or device is to be
used has a temporary disability as | ||
defined in Section 1-159.1 of this
Code and the disability is | ||
temporary .
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(b) The local governing authorities shall be responsible | ||
for the provision
of such decal or device, its issuance and | ||
designated placement within the
vehicle. The cost of such decal | ||
or device shall be at the discretion of
such local governing | ||
authority.
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(c) The Secretary of State may, pursuant to Section | ||
3-616(c), issue
a person with disabilities parking decal or | ||
device to a person with
disabilities as defined by Section | ||
1-159.1. Any person with disabilities
parking decal or device | ||
issued by the Secretary of State shall be registered to
that | ||
person with disabilities in the form to be prescribed by the | ||
Secretary of
State. The person with disabilities parking decal | ||
or device shall not display
that person's address. One | ||
additional decal or device may be issued to an
applicant upon | ||
his or her written request and with the approval of the
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Secretary of
State.
The written request must include a | ||
justification of the need for the
additional decal or device.
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(c-5) Beginning January 1, 2014, the Secretary shall | ||
provide by administrative rule for the issuance of a separate | ||
and distinct parking decal or device for persons with | ||
disabilities as defined by Section 1-159.1 of this Code and who | ||
meet the qualifications under this subsection . The authorized |
holder of a decal or device issued under this subsection (c-5) | ||
shall be exempt from the payment of fees generated by parking | ||
in a metered space, a parking area subject to paragraph (10) of | ||
subsection (a) of Section 11-209 of this Code, or a publicly | ||
owned parking structure or area. | ||
The Secretary shall issue a meter-exempt decal or device to | ||
a person with
disabilities who: (i) has been issued | ||
registration plates under subsection (a) of Section 3-609 or | ||
Section 3-616 of this Code or a special decal or device under | ||
this Section, (ii) holds a valid Illinois driver's license , ; | ||
and (iii) is unable to do one or more of the following: | ||
(1) manage, manipulate, or insert coins, or obtain | ||
tickets or tokens in parking meters or ticket machines in | ||
parking lots or parking structures , due to the lack of fine | ||
motor control of both hands; | ||
(2) reach above his or her head to a height of 42 | ||
inches from the ground, due to a lack of finger, hand, or | ||
upper extremity strength or mobility; | ||
(3) approach a parking meter due to his or her use of a | ||
wheelchair or other device for mobility; or | ||
(4) walk more than 20 feet due to an orthopedic, | ||
neurological, cardiovascular, or lung condition in which | ||
the degree of debilitation is so severe that it almost | ||
completely impedes the ability to walk. | ||
The application for a meter-exempt parking decal or device | ||
shall contain a statement certified by a licensed physician, |
physician assistant, or advanced practice nurse attesting to | ||
the permanent nature and estimated duration of the applicant's | ||
condition and verifying that the applicant meets the physical | ||
qualifications specified in this subsection (c-5). | ||
Notwithstanding the requirements of this subsection (c-5), | ||
the Secretary shall issue a meter-exempt decal or device to a | ||
person who has been issued registration plates under Section | ||
3-616 of this Code or a special decal or device under this | ||
Section, if the applicant is the parent or guardian of a person | ||
with disabilities who is under 18 years of age and incapable of | ||
driving. | ||
(d) Replacement decals or devices may be issued for lost, | ||
stolen, or
destroyed decals upon application and payment of a | ||
$10 fee. The replacement
fee may be waived for individuals that | ||
have claimed and received a grant under
the Senior Citizens and | ||
Disabled Persons Property Tax Relief Act.
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(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000, | ||
eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised | ||
8-3-12.)
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