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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
5 changing Sections 11-213, 11-907, and 12-215 as follows:
6 (625 ILCS 5/11-213)
7 Sec. 11-213. Power of a fire department officer; highway
8 or lane closure. In the absence of a law enforcement officer or
9 a representative of the highway agency having jurisdiction
10 over the highway, an officer of a fire department, in the
11 performance of his or her official duties, has the authority
12 to close to traffic a highway, or a lane or lanes of a highway,
13 as necessary to protect the safety of persons or property. In
14 order to promote the safe implementation of this Section, the
15 fire department officer shall utilize an official fire
16 department vehicle with lighted red or white oscillating,
17 rotating, or flashing lights in accordance with Section 12-215
18 of this Code and proper temporary traffic control in
19 accordance with the sections of the Illinois Manual on Uniform
20 Traffic Control Devices concerning temporary traffic control
21 and incident management. The officer should also receive
22 training in safe practices for accomplishing these tasks near
23 traffic. This Section does not apply to highways under the
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1 jurisdiction of the Illinois State Toll Highway Authority. As
2 used in this Section, "highway" has the meaning set forth in
3 Section 1-126 of this Code.
4 (Source: P.A. 95-803, eff. 1-1-09.)
5 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
6 Sec. 11-907. Operation of vehicles and streetcars on
7 approach of authorized emergency vehicles.
8 (a) Upon the immediate approach of an authorized emergency
9 vehicle making use of audible and visual signals meeting the
10 requirements of this Code or a police vehicle properly and
11 lawfully making use of an audible or visual signal:
12 (1) the driver of every other vehicle shall yield the
13 right-of-way and shall immediately drive to a position
14 parallel to, and as close as possible to, the right-hand
15 edge or curb of the highway clear of any intersection and
16 shall, if necessary to permit the safe passage of the
17 emergency vehicle, stop and remain in such position until
18 the authorized emergency vehicle has passed, unless
19 otherwise directed by a police officer; and
20 (2) the operator of every streetcar shall immediately
21 stop such car clear of any intersection and keep it in such
22 position until the authorized emergency vehicle has
23 passed, unless otherwise directed by a police officer.
24 (b) This Section shall not operate to relieve the driver
25 of an authorized emergency vehicle from the duty to drive with
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1 due regard for the safety of all persons using the highway.
2 (c) Upon approaching a stationary authorized emergency
3 vehicle, when the authorized emergency vehicle is giving a
4 visual signal by displaying oscillating, rotating, or
5 alternately flashing lights as authorized under Section 12-215
6 of this Code red, red and white, blue, or red and blue lights
7 or amber or yellow warning lights, a person who drives an
8 approaching vehicle shall:
9 (1) proceeding with due caution, yield the
10 right-of-way by making a lane change into a lane not
11 adjacent to that of the authorized emergency vehicle, if
12 possible with due regard to safety and traffic conditions,
13 if on a highway having at least 4 lanes with not less than
14 2 lanes proceeding in the same direction as the
15 approaching vehicle; or
16 (2) if changing lanes would be impossible or unsafe,
17 proceeding with due caution, reduce the speed of the
18 vehicle, maintaining a safe speed for road conditions and
19 leaving a safe distance until safely past the stationary
20 emergency vehicles.
21 The visual signal specified under this subsection (c)
22 given by an authorized emergency vehicle is an indication to
23 drivers of approaching vehicles that a hazardous condition is
24 present when circumstances are not immediately clear. Drivers
25 of vehicles approaching a stationary emergency vehicle in any
26 lane shall heed the warning of the signal, reduce the speed of
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1 the vehicle, proceed with due caution, maintain a safe speed
2 for road conditions, be prepared to stop, and leave a safe
3 distance until safely passed the stationary emergency vehicle.
4 As used in this subsection (c), "authorized emergency
5 vehicle" includes any vehicle authorized by law to be equipped
6 with oscillating, rotating, or flashing lights under Section
7 12-215 of this Code, while the owner or operator of the vehicle
8 is engaged in his or her official duties.
9 (d) A person who violates subsection (c) of this Section
10 commits a business offense punishable by a fine of not less
11 than $250 or more than $10,000 for a first violation, and a
12 fine of not less than $750 or more than $10,000 for a second or
13 subsequent violation. It is a factor in aggravation if the
14 person committed the offense while in violation of Section
15 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
16 penalties authorized by this subsection (d) for a violation of
17 subsection (c) of this Section that results in the death of
18 another person does not preclude imposition of appropriate
19 additional civil or criminal penalties. A person who violates
20 subsection (c) and the violation results in damage to another
21 vehicle commits a Class A misdemeanor. A person who violates
22 subsection (c) and the violation results in the injury or
23 death of another person commits a Class 4 felony.
24 (e) If a violation of subsection (c) of this Section
25 results in damage to the property of another person, in
26 addition to any other penalty imposed, the person's driving
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1 privileges shall be suspended for a fixed period of not less
2 than 90 days and not more than one year.
3 (f) If a violation of subsection (c) of this Section
4 results in injury to another person, in addition to any other
5 penalty imposed, the person's driving privileges shall be
6 suspended for a fixed period of not less than 180 days and not
7 more than 2 years.
8 (g) If a violation of subsection (c) of this Section
9 results in the death of another person, in addition to any
10 other penalty imposed, the person's driving privileges shall
11 be suspended for 2 years.
12 (h) The Secretary of State shall, upon receiving a record
13 of a judgment entered against a person under subsection (c) of
14 this Section:
15 (1) suspend the person's driving privileges for the
16 mandatory period; or
17 (2) extend the period of an existing suspension by the
18 appropriate mandatory period.
19 (i) The Scott's Law Fund shall be a special fund in the
20 State treasury. Subject to appropriation by the General
21 Assembly and approval by the Director, the Director of the
22 State Police shall use all moneys in the Scott's Law Fund in
23 the Department's discretion to fund the production of
24 materials to educate drivers on approaching stationary
25 authorized emergency vehicles, to hire off-duty Illinois
26 Department of State Police for enforcement of this Section,
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1 and for other law enforcement purposes the Director deems
2 necessary in these efforts.
3 (j) For violations of this Section issued by a county or
4 municipal police officer, the assessment shall be deposited
5 into the county's or municipality's Transportation Safety
6 Highway Hire-back Fund. The county shall use the moneys in its
7 Transportation Safety Highway Hire-back Fund to hire off-duty
8 county police officers to monitor construction or maintenance
9 zones in that county on highways other than interstate
10 highways. The county, in its discretion, may also use a
11 portion of the moneys in its Transportation Safety Highway
12 Hire-back Fund to purchase equipment for county law
13 enforcement and fund the production of materials to educate
14 drivers on construction zone safe driving habits and
15 approaching stationary authorized emergency vehicles.
16 (k) In addition to other penalties imposed by this
17 Section, the court may order a person convicted of a violation
18 of subsection (c) to perform community service as determined
19 by the court.
20 (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
21 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
22 (625 ILCS 5/12-215)
23 Sec. 12-215. Oscillating, rotating, or flashing lights on
24 motor vehicles. Except as otherwise provided in this Code:
25 (a) The use of red or white oscillating, rotating, or
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1 flashing lights, whether lighted or unlighted, is prohibited
2 except on:
3 1. Law enforcement vehicles of State, federal, or
4 local authorities;
5 2. A vehicle operated by a police officer or county
6 coroner and designated or authorized by local authorities,
7 in writing, as a law enforcement vehicle; however, such
8 designation or authorization must be carried in the
9 vehicle;
10 2.1. A vehicle operated by a fire chief, deputy fire
11 chief, or assistant fire chief who has completed an
12 emergency vehicle operation training course approved by
13 the Office of the State Fire Marshal and designated or
14 authorized by local authorities, fire departments, or fire
15 protection districts, in writing, as a fire department,
16 fire protection district, or township fire department
17 vehicle; however, the designation or authorization must be
18 carried in the vehicle, and the lights may be visible or
19 activated only when responding to a bona fide emergency;
20 3. Vehicles of local fire departments and State or
21 federal firefighting vehicles;
22 4. Vehicles which are designed and used exclusively as
23 ambulances or rescue vehicles; furthermore, such lights
24 shall not be lighted except when responding to an
25 emergency call for and while actually conveying the sick
26 or injured;
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1 4.5. Vehicles which are occasionally used as rescue
2 vehicles that have been authorized for use as rescue
3 vehicles by a volunteer EMS provider, provided that the
4 operator of the vehicle has successfully completed an
5 emergency vehicle operation training course recognized by
6 the Department of Public Health; furthermore, the lights
7 shall not be lighted except when responding to an
8 emergency call for the sick or injured;
9 5. Tow trucks licensed in a state that requires such
10 lights; furthermore, such lights shall not be lighted on
11 any such tow truck while the tow truck is operating in the
12 State of Illinois;
13 6. Vehicles of the Illinois Emergency Management
14 Agency, vehicles of the Office of the Illinois State Fire
15 Marshal, vehicles of the Illinois Department of Public
16 Health, vehicles of the Illinois Department of
17 Corrections, and vehicles of the Illinois Department of
18 Juvenile Justice;
19 7. Vehicles operated by a local or county emergency
20 management services agency as defined in the Illinois
21 Emergency Management Agency Act;
22 8. School buses operating alternately flashing head
23 lamps as permitted under Section 12-805 of this Code;
24 9. Vehicles that are equipped and used exclusively as
25 organ transplant vehicles when used in combination with
26 blue oscillating, rotating, or flashing lights;
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1 furthermore, these lights shall be lighted only when the
2 transportation is declared an emergency by a member of the
3 transplant team or a representative of the organ
4 procurement organization;
5 10. Vehicles of the Illinois Department of Natural
6 Resources that are used for mine rescue and explosives
7 emergency response;
8 11. Vehicles of the Illinois Department of
9 Transportation identified as Emergency Traffic Patrol; the
10 lights shall not be lighted except when responding to an
11 emergency call or when parked or stationary while engaged
12 in motor vehicle assistance or at the scene of the
13 emergency; and
14 12. Vehicles of the Illinois State Toll Highway
15 Authority with a gross vehicle weight rating of 9,000
16 pounds or more and those identified as Highway Emergency
17 Lane Patrol; the lights shall not be lighted except when
18 responding to an emergency call or when parked or
19 stationary while engaged in motor vehicle assistance or at
20 the scene of the emergency.
21 (b) The use of amber oscillating, rotating, or flashing
22 lights, whether lighted or unlighted, is prohibited except on:
23 1. Second division vehicles designed and used for
24 towing or hoisting vehicles; furthermore, such lights
25 shall not be lighted except as required in this paragraph
26 1; such lights shall be lighted when such vehicles are
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1 actually being used at the scene of a crash or
2 disablement; if the towing vehicle is equipped with a flat
3 bed that supports all wheels of the vehicle being
4 transported, the lights shall not be lighted while the
5 vehicle is engaged in towing on a highway; if the towing
6 vehicle is not equipped with a flat bed that supports all
7 wheels of a vehicle being transported, the lights shall be
8 lighted while the towing vehicle is engaged in towing on a
9 highway during all times when the use of headlights is
10 required under Section 12-201 of this Code; in addition,
11 these vehicles may use white oscillating, rotating, or
12 flashing lights in combination with amber oscillating,
13 rotating, or flashing lights as provided in this
14 paragraph;
15 2. Motor vehicles or equipment of the State of
16 Illinois, the Illinois State Toll Highway Authority, local
17 authorities, and contractors; furthermore, such lights
18 shall not be lighted except while such vehicles are
19 engaged in maintenance or construction operations within
20 the limits of construction projects;
21 3. Vehicles or equipment used by engineering or survey
22 crews; furthermore, such lights shall not be lighted
23 except while such vehicles are actually engaged in work on
24 a highway;
25 4. Vehicles of public utilities, municipalities, or
26 other construction, maintenance, or automotive service
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1 vehicles except that such lights shall be lighted only as
2 a means for indicating the presence of a vehicular traffic
3 hazard requiring unusual care in approaching, overtaking,
4 or passing while such vehicles are engaged in maintenance,
5 service, or construction on a highway;
6 5. Oversized vehicle or load; however, such lights
7 shall only be lighted when moving under permit issued by
8 the Department under Section 15-301 of this Code;
9 6. The front and rear of motorized equipment owned and
10 operated by the State of Illinois or any political
11 subdivision thereof, which is designed and used for
12 removal of snow and ice from highways;
13 6.1. The front and rear of motorized equipment or
14 vehicles that (i) are not owned by the State of Illinois or
15 any political subdivision of the State, (ii) are designed
16 and used for removal of snow and ice from highways and
17 parking lots, and (iii) are equipped with a snow plow that
18 is 12 feet in width; these lights may not be lighted except
19 when the motorized equipment or vehicle is actually being
20 used for those purposes on behalf of a unit of government;
21 7. Fleet safety vehicles registered in another state,
22 furthermore, such lights shall not be lighted except as
23 provided for in Section 12-212 of this Code;
24 8. Such other vehicles as may be authorized by local
25 authorities;
26 9. Law enforcement vehicles of State or local
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1 authorities when used in combination with red oscillating,
2 rotating, or flashing lights;
3 9.5. Propane delivery trucks;
4 10. Vehicles used for collecting or delivering mail
5 for the United States Postal Service provided that such
6 lights shall not be lighted except when such vehicles are
7 actually being used for such purposes;
8 10.5. Vehicles of the Office of the Illinois State
9 Fire Marshal, provided that such lights shall not be
10 lighted except for when such vehicles are engaged in work
11 for the Office of the Illinois State Fire Marshal;
12 11. Any vehicle displaying a slow-moving vehicle
13 emblem as provided in Section 12-205.1;
14 12. All trucks equipped with self-compactors or
15 roll-off hoists and roll-on containers for garbage,
16 recycling, or refuse hauling. Such lights shall not be
17 lighted except when such vehicles are actually being used
18 for such purposes;
19 13. Vehicles used by a security company, alarm
20 responder, control agency, or the Illinois Department of
21 Corrections;
22 14. Security vehicles of the Department of Human
23 Services; however, the lights shall not be lighted except
24 when being used for security related purposes under the
25 direction of the superintendent of the facility where the
26 vehicle is located; and
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1 15. Vehicles of union representatives, except that the
2 lights shall be lighted only while the vehicle is within
3 the limits of a construction project.
4 (c) The use of blue oscillating, rotating, or flashing
5 lights, whether lighted or unlighted, is prohibited except on:
6 1. Rescue squad vehicles not owned by a fire
7 department or fire protection district and vehicles owned
8 or operated by a:
9 voluntary firefighter;
10 paid firefighter;
11 part-paid firefighter;
12 call firefighter;
13 member of the board of trustees of a fire
14 protection district;
15 paid or unpaid member of a rescue squad;
16 paid or unpaid member of a voluntary ambulance
17 unit; or
18 paid or unpaid members of a local or county
19 emergency management services agency as defined in the
20 Illinois Emergency Management Agency Act, designated
21 or authorized by local authorities, in writing, and
22 carrying that designation or authorization in the
23 vehicle.
24 However, such lights are not to be lighted except when
25 responding to a bona fide emergency or when parked or
26 stationary at the scene of a fire, rescue call, ambulance
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1 call, or motor vehicle crash.
2 Any person using these lights in accordance with this
3 subdivision (c)1 must carry on his or her person an
4 identification card or letter identifying the bona fide
5 member of a fire department, fire protection district,
6 rescue squad, ambulance unit, or emergency management
7 services agency that owns or operates that vehicle. The
8 card or letter must include:
9 (A) the name of the fire department, fire
10 protection district, rescue squad, ambulance unit, or
11 emergency management services agency;
12 (B) the member's position within the fire
13 department, fire protection district, rescue squad,
14 ambulance unit, or emergency management services
15 agency;
16 (C) the member's term of service; and
17 (D) the name of a person within the fire
18 department, fire protection district, rescue squad,
19 ambulance unit, or emergency management services
20 agency to contact to verify the information provided.
21 2. Police department vehicles in cities having a
22 population of 500,000 or more inhabitants.
23 3. Law enforcement vehicles of State or local
24 authorities when used in combination with red oscillating,
25 rotating, or flashing lights.
26 4. Vehicles of local fire departments and State or
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1 federal firefighting vehicles when used in combination
2 with red oscillating, rotating, or flashing lights.
3 5. Vehicles which are designed and used exclusively as
4 ambulances or rescue vehicles when used in combination
5 with red oscillating, rotating, or flashing lights;
6 furthermore, such lights shall not be lighted except when
7 responding to an emergency call.
8 6. Vehicles that are equipped and used exclusively as
9 organ transport vehicles when used in combination with red
10 oscillating, rotating, or flashing lights; furthermore,
11 these lights shall only be lighted when the transportation
12 is declared an emergency by a member of the transplant
13 team or a representative of the organ procurement
14 organization.
15 7. Vehicles of the Illinois Emergency Management
16 Agency, vehicles of the Office of the Illinois State Fire
17 Marshal, vehicles of the Illinois Department of Public
18 Health, vehicles of the Illinois Department of
19 Corrections, and vehicles of the Illinois Department of
20 Juvenile Justice, when used in combination with red
21 oscillating, rotating, or flashing lights.
22 8. Vehicles operated by a local or county emergency
23 management services agency as defined in the Illinois
24 Emergency Management Agency Act, when used in combination
25 with red oscillating, rotating, or flashing lights.
26 9. Vehicles of the Illinois Department of Natural
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1 Resources that are used for mine rescue and explosives
2 emergency response, when used in combination with red
3 oscillating, rotating, or flashing lights.
4 (c-1) In addition to the blue oscillating, rotating, or
5 flashing lights permitted under subsection (c), and
6 notwithstanding subsection (a), a vehicle operated by a
7 voluntary firefighter, a voluntary member of a rescue squad,
8 or a member of a voluntary ambulance unit may be equipped with
9 flashing white headlights and blue grill lights, which may be
10 used only in responding to an emergency call or when parked or
11 stationary at the scene of a fire, rescue call, ambulance
12 call, or motor vehicle crash.
13 (c-2) In addition to the blue oscillating, rotating, or
14 flashing lights permitted under subsection (c), and
15 notwithstanding subsection (a), a vehicle operated by a paid
16 or unpaid member of a local or county emergency management
17 services agency as defined in the Illinois Emergency
18 Management Agency Act, may be equipped with white oscillating,
19 rotating, or flashing lights to be used in combination with
20 blue oscillating, rotating, or flashing lights, if
21 authorization by local authorities is in writing and carried
22 in the vehicle.
23 (d) The use of a combination of amber and white
24 oscillating, rotating, or flashing lights, whether lighted or
25 unlighted, is prohibited except on second division vehicles
26 designed and used for towing or hoisting vehicles or motor
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1 vehicles or equipment of the State of Illinois, local
2 authorities, contractors, and union representatives;
3 furthermore, such lights shall not be lighted on second
4 division vehicles designed and used for towing or hoisting
5 vehicles or vehicles of the State of Illinois, local
6 authorities, and contractors except while such vehicles are
7 engaged in a tow operation, highway maintenance, or
8 construction operations within the limits of highway
9 construction projects, and shall not be lighted on the
10 vehicles of union representatives except when those vehicles
11 are within the limits of a construction project.
12 (d-5) The use of green oscillating, flashing, or rotating
13 lights, whether lighted or unlighted, is prohibited except on:
14 1. Second division vehicles designed and used for
15 towing or hoisting vehicles when the lights on those
16 vehicles are used in combination with amber or amber and
17 white oscillating, flashing, or rotating lights;
18 furthermore, such lights shall not be lighted except when
19 such vehicles are actually being used at the scene of a
20 crash or disablement.
21 2. Motor vehicles or equipment of the State of
22 Illinois when the lights on those vehicles or equipment
23 are used in combination with amber or amber and white
24 oscillating, flashing, or rotating lights; furthermore,
25 such lights shall not be lighted except while such
26 vehicles or equipment are engaged in maintenance
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1 operations, snow and ice removal operations, or performing
2 traffic control and protection duties while at an
3 emergency scene.
4 3. Motor vehicles of the Department of Transportation
5 identified as Emergency Traffic Patrol when the lights on
6 those vehicles are used in combination with red and white
7 oscillating, flashing, or rotating lights when responding
8 to an emergency call or when parked or stationary while
9 engaged in motor vehicle assistance or at an emergency
10 scene.
11 4. Motor vehicles of the Illinois State Toll Highway
12 Authority when the lights on those vehicles are used in
13 combination with amber oscillating, flashing, or rotating
14 lights; furthermore, such lights shall not be lighted
15 except while such vehicles are engaged in maintenance
16 operations, snow and ice removal operations, or performing
17 traffic control and protection duties while at an
18 emergency scene.
19 5. Motor vehicles of the Illinois State Toll Highway
20 Authority with a gross vehicle weight rating of 9,000
21 pounds or more and those identified as Highway Emergency
22 Lane Patrol when the lights on those vehicles are used in
23 combination with red and white oscillating, flashing, or
24 rotating lights when responding to an emergency call or
25 when parked or stationary while engaged in motor vehicle
26 assistance or at the scene of the emergency.
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1 6. Motor vehicles or equipment of local authority or
2 municipalities which perform highway maintenance
3 operations, when the lights on those vehicles are used in
4 combination with amber or amber and white oscillating,
5 flashing, or rotating lights; furthermore, such lights
6 shall not be lighted except while such vehicles are
7 engaged in the maintenance operations, snow and ice
8 removal operations, or performing traffic control and
9 protection duties while at an emergency scene.
10 7. Fire department vehicles of local fire departments
11 and State or federal firefighting vehicles when the lights
12 on those vehicles are used in combination with red, or red
13 and white, or red and blue, oscillating, rotating, or
14 flashing lights.
15 8. Vehicles used by a security company when the lights
16 on those vehicles are used in combination with amber
17 oscillating, flashing, or rotating lights; furthermore,
18 such lights shall not be lighted except when the vehicle
19 is being operated upon the property or location where the
20 security company is employed to perform security or crime
21 prevention duties.
22 9. Ambulances or rescue vehicles operating in counties
23 with populations of less than 2,000,000.
24 (d-10) Fire department vehicles of local fire departments
25 and State or federal firefighting vehicles, police vehicles of
26 State, federal, or local authorities, and vehicles designated
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1 by local or State authority, while parked at an emergency
2 scene, may use a steady-on illumination or steady-burn, or
3 flashing green beacon or beacons if such steady-on,
4 steady-burn, or flashing beacon is used to indicate an
5 emergency operations command post or incident command
6 location.
7 (e) All oscillating, rotating, or flashing lights referred
8 to in this Section shall be of sufficient intensity, when
9 illuminated, to be visible at 500 feet in normal sunlight.
10 (f) Nothing in this Section shall prohibit a manufacturer
11 of oscillating, rotating, or flashing lights or his
12 representative or authorized vendor from temporarily mounting
13 such lights on a vehicle for demonstration purposes only. If
14 the lights are not covered while the vehicle is operated upon a
15 highway, the vehicle shall display signage indicating that the
16 vehicle is out of service or not an emergency vehicle. The
17 signage shall be displayed on all sides of the vehicle in
18 letters at least 2 inches tall and one-half inch wide. A
19 vehicle authorized to have oscillating, rotating, or flashing
20 lights mounted for demonstration purposes may not activate the
21 lights while the vehicle is operated upon a highway.
22 (g) Any person violating the provisions of subsection (a),
23 (b), (c), or (d), (d-5), or (d-10)
of this Section who without
24 lawful authority stops or detains or attempts to stop or
25 detain another person shall be guilty of a Class 2 felony.
26 (h) Except as provided in subsection (g) above, any person
HB4255 Enrolled - 20 - LRB103 34476 MXP 64307 b
HB4255 Enrolled- 21 -LRB103 34476 MXP 64307 b HB4255 Enrolled - 21 - LRB103 34476 MXP 64307 b
HB4255 Enrolled - 21 - LRB103 34476 MXP 64307 b
HB4255 Enrolled - 21 - LRB103 34476 MXP 64307 b