|
| | SB3409 Enrolled | | LRB097 19923 HEP 65213 b |
|
|
| 1 | | AN ACT concerning transportation.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 11-402 as follows:
|
| 6 | | (625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
|
| 7 | | Sec. 11-402. Motor vehicle accident involving damage to |
| 8 | | vehicle. |
| 9 | | (a)
The driver of any vehicle involved in a motor vehicle |
| 10 | | accident
resulting only in damage to a vehicle which is driven |
| 11 | | or attended by any person shall
immediately stop such vehicle |
| 12 | | at the scene of such motor vehicle accident
or as close thereto |
| 13 | | as possible, but shall forthwith return to and in every event
|
| 14 | | shall remain at the scene of such motor vehicle accident until |
| 15 | | the
requirements of Section 11-403 have been fulfilled. A |
| 16 | | driver does not violate this Section if the driver moves the |
| 17 | | vehicle as soon as possible off the highway to the nearest safe |
| 18 | | location on an exit ramp shoulder, a frontage road, the nearest |
| 19 | | suitable cross street, or other suitable location that does not |
| 20 | | obstruct traffic and
remains at that location until the driver |
| 21 | | has fulfilled the requirements of Section 11-403. Every such |
| 22 | | stop
shall be made without obstructing traffic
more than is |
| 23 | | necessary. If a damaged vehicle is obstructing traffic lanes, |
|
| | SB3409 Enrolled | - 2 - | LRB097 19923 HEP 65213 b |
|
|
| 1 | | the driver of the vehicle must make every reasonable effort to |
| 2 | | move the vehicle or have it moved so as not to block the |
| 3 | | traffic lanes.
|
| 4 | | Any person failing to comply with this Section shall be |
| 5 | | guilty of a Class
A misdemeanor.
|
| 6 | | (b) Upon conviction of a violation of this Section, the |
| 7 | | court shall make
a finding as to whether the damage to a |
| 8 | | vehicle is in excess of $1,000,
and in such case a statement of |
| 9 | | this finding shall be reported to the Secretary
of State with |
| 10 | | the report of conviction as required by Section 6-204 of this
|
| 11 | | Code. Upon receipt of such report of conviction and statement |
| 12 | | of finding
that the damage to a vehicle is in excess of $1,000, |
| 13 | | the Secretary of State
shall suspend the driver's license or |
| 14 | | any nonresident's driving privilege. |
| 15 | | (c) If any peace officer or highway authority official |
| 16 | | finds (i) a vehicle standing upon a highway or toll highway in |
| 17 | | violation of a prohibition, limitation, or restriction on |
| 18 | | stopping, standing, or parking imposed under this Code or (ii) |
| 19 | | a disabled vehicle that obstructs the roadway of a highway or |
| 20 | | toll highway, the peace officer or highway authority official |
| 21 | | is authorized to move the vehicle or to require the operator of |
| 22 | | the vehicle to move the vehicle to the shoulder of the road, to |
| 23 | | a position where parking is permitted, or to public parking or |
| 24 | | storage premises. The removal may be performed by, or under the |
| 25 | | direction of, the peace officer or highway authority official |
| 26 | | or may be contracted for by local authorities. After the |
|
| | SB3409 Enrolled | - 3 - | LRB097 19923 HEP 65213 b |
|
|
| 1 | | vehicle has been removed, the peace officer or highway |
| 2 | | authority official shall follow appropriate procedures, as |
| 3 | | provided in Section 4-203 of this Code. |
| 4 | | (d) A towing service, its officers, and its employees are |
| 5 | | not liable for loss of or damages to any real or personal |
| 6 | | property that occurs as the result of the removal or towing of |
| 7 | | any vehicle under subsection (c), as provided in subsection (b) |
| 8 | | of Section 4-213.
|
| 9 | | (Source: P.A. 95-407, eff. 1-1-08.)
|