Bill Text: IL HB4255 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that the use of green oscillating, flashing, or rotating lights, whether lighted or unlighted, is prohibited except on specified vehicles. Provides the conditions that must be satisfied for the lights on certain specified vehicles with green oscillating, flashing, or rotating lights to be lighted. Provides that fire department vehicles of local fire departments and State or federal firefighting vehicles, police vehicles of State, federal, or local authorities, and vehicles designated by local or State authority, while parked at an emergency scene, may use a steady-on illumination or steady-burn, or flashing green beacon or beacons if such steady-on, steady-burn, or flashing beacon is used to indicate an emergency operations command post or incident command location.

Spectrum: Slight Partisan Bill (Republican 11-7)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0667 [HB4255 Detail]

Download: Illinois-2023-HB4255-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-213, 11-907, and 12-215 as follows:
(625 ILCS 5/11-213)
Sec. 11-213. Power of a fire department officer; highway
or lane closure. In the absence of a law enforcement officer or
a representative of the highway agency having jurisdiction
over the highway, an officer of a fire department, in the
performance of his or her official duties, has the authority
to close to traffic a highway, or a lane or lanes of a highway,
as necessary to protect the safety of persons or property. In
order to promote the safe implementation of this Section, the
fire department officer shall utilize an official fire
department vehicle with lighted red or white oscillating,
rotating, or flashing lights in accordance with Section 12-215
of this Code and proper temporary traffic control in
accordance with the sections of the Illinois Manual on Uniform
Traffic Control Devices concerning temporary traffic control
and incident management. The officer should also receive
training in safe practices for accomplishing these tasks near
traffic. This Section does not apply to highways under the

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jurisdiction of the Illinois State Toll Highway Authority. As
used in this Section, "highway" has the meaning set forth in
Section 1-126 of this Code.
(Source: P.A. 95-803, eff. 1-1-09.)
(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal:
(1) the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position
parallel to, and as close as possible to, the right-hand
edge or curb of the highway clear of any intersection and
shall, if necessary to permit the safe passage of the
emergency vehicle, stop and remain in such position until
the authorized emergency vehicle has passed, unless
otherwise directed by a police officer; and
(2) the operator of every streetcar shall immediately
stop such car clear of any intersection and keep it in such
position until the authorized emergency vehicle has
passed, unless otherwise directed by a police officer.
(b) This Section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to drive with

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due regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
visual signal by displaying oscillating, rotating, or
alternately flashing lights as authorized under Section 12-215
of this Code red, red and white, blue, or red and blue lights
or amber or yellow warning lights, a person who drives an
approaching vehicle shall:
(1) proceeding with due caution, yield the
right-of-way by making a lane change into a lane not
adjacent to that of the authorized emergency vehicle, if
possible with due regard to safety and traffic conditions,
if on a highway having at least 4 lanes with not less than
2 lanes proceeding in the same direction as the
approaching vehicle; or
(2) if changing lanes would be impossible or unsafe,
proceeding with due caution, reduce the speed of the
vehicle, maintaining a safe speed for road conditions and
leaving a safe distance until safely past the stationary
emergency vehicles.
The visual signal specified under this subsection (c)
given by an authorized emergency vehicle is an indication to
drivers of approaching vehicles that a hazardous condition is
present when circumstances are not immediately clear. Drivers
of vehicles approaching a stationary emergency vehicle in any
lane shall heed the warning of the signal, reduce the speed of

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the vehicle, proceed with due caution, maintain a safe speed
for road conditions, be prepared to stop, and leave a safe
distance until safely passed the stationary emergency vehicle.
As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $250 or more than $10,000 for a first violation, and a
fine of not less than $750 or more than $10,000 for a second or
subsequent violation. It is a factor in aggravation if the
person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
penalties authorized by this subsection (d) for a violation of
subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate
additional civil or criminal penalties. A person who violates
subsection (c) and the violation results in damage to another
vehicle commits a Class A misdemeanor. A person who violates
subsection (c) and the violation results in the injury or
death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving

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privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
(g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall
be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
(1) suspend the person's driving privileges for the
mandatory period; or
(2) extend the period of an existing suspension by the
appropriate mandatory period.
(i) The Scott's Law Fund shall be a special fund in the
State treasury. Subject to appropriation by the General
Assembly and approval by the Director, the Director of the
State Police shall use all moneys in the Scott's Law Fund in
the Department's discretion to fund the production of
materials to educate drivers on approaching stationary
authorized emergency vehicles, to hire off-duty Illinois
Department of State Police for enforcement of this Section,

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and for other law enforcement purposes the Director deems
necessary in these efforts.
(j) For violations of this Section issued by a county or
municipal police officer, the assessment shall be deposited
into the county's or municipality's Transportation Safety
Highway Hire-back Fund. The county shall use the 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. The county, in its discretion, may also use a
portion of the moneys in its Transportation Safety Highway
Hire-back Fund to purchase equipment for county law
enforcement and fund the production of materials to educate
drivers on construction zone safe driving habits and
approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this
Section, the court may order a person convicted of a violation
of subsection (c) to perform community service as determined
by the court.
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
(625 ILCS 5/12-215)
Sec. 12-215. Oscillating, rotating, or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or

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flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, federal, or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief, deputy fire
chief, or assistant fire chief who has completed an
emergency vehicle operation training course approved by
the Office of the State Fire Marshal and designated or
authorized by local authorities, fire departments, or fire
protection districts, in writing, as a fire department,
fire protection district, or township fire department
vehicle; however, the designation or authorization must be
carried in the vehicle, and the lights may be visible or
activated only when responding to a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;

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4.5. Vehicles which are occasionally used as rescue
vehicles that have been authorized for use as rescue
vehicles by a volunteer EMS provider, provided that the
operator of the vehicle has successfully completed an
emergency vehicle operation training course recognized by
the Department of Public Health; furthermore, the lights
shall not be lighted except when responding to an
emergency call for the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;

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furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization;
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response;
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the
lights shall not be lighted except when responding to an
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency; and
12. Vehicles of the Illinois State Toll Highway
Authority with a gross vehicle weight rating of 9,000
pounds or more and those identified as Highway Emergency
Lane Patrol; the lights shall not be lighted except when
responding to an emergency call or when parked or
stationary while engaged in motor vehicle assistance or at
the scene of the emergency.
(b) The use of amber oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are

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actually being used at the scene of a crash or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this
paragraph;
2. Motor vehicles or equipment of the State of
Illinois, the Illinois State Toll Highway Authority, local
authorities, and contractors; furthermore, such lights
shall not be lighted except while such vehicles are
engaged in maintenance or construction operations within
the limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted
except while such vehicles are actually engaged in work on
a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance, or automotive service

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vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking,
or passing while such vehicles are engaged in maintenance,
service, or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
6.1. The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local

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authorities when used in combination with red oscillating,
rotating, or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
10.5. Vehicles of the Office of the Illinois State
Fire Marshal, provided that such lights shall not be
lighted except for when such vehicles are engaged in work
for the Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage,
recycling, or refuse hauling. Such lights shall not be
lighted except when such vehicles are actually being used
for such purposes;
13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and

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15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire
department or fire protection district and vehicles owned
or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance

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call, or motor vehicle crash.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights.
4. Vehicles of local fire departments and State or

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federal firefighting vehicles when used in combination
with red oscillating, rotating, or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination
with red oscillating, rotating, or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant
team or a representative of the organ procurement
organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red
oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural

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Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle crash.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid
or unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating,
rotating, or flashing lights to be used in combination with
blue oscillating, rotating, or flashing lights, if
authorization by local authorities is in writing and carried
in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating, or flashing lights, whether lighted or
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor

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vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles
are within the limits of a construction project.
(d-5) The use of green oscillating, flashing, or rotating
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles when the lights on those
vehicles are used in combination with amber or amber and
white oscillating, flashing, or rotating lights;
furthermore, such lights shall not be lighted except when
such vehicles are actually being used at the scene of a
crash or disablement.
2. Motor vehicles or equipment of the State of
Illinois when the lights on those vehicles or equipment
are used in combination with amber or amber and white
oscillating, flashing, or rotating lights; furthermore,
such lights shall not be lighted except while such
vehicles or equipment are engaged in maintenance

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operations, snow and ice removal operations, or performing
traffic control and protection duties while at an
emergency scene.
3. Motor vehicles of the Department of Transportation
identified as Emergency Traffic Patrol when the lights on
those vehicles are used in combination with red and white
oscillating, flashing, or rotating lights when responding
to an emergency call or when parked or stationary while
engaged in motor vehicle assistance or at an emergency
scene.
4. Motor vehicles of the Illinois State Toll Highway
Authority when the lights on those vehicles are used in
combination with amber oscillating, flashing, or rotating
lights; furthermore, such lights shall not be lighted
except while such vehicles are engaged in maintenance
operations, snow and ice removal operations, or performing
traffic control and protection duties while at an
emergency scene.
5. Motor vehicles of the Illinois State Toll Highway
Authority with a gross vehicle weight rating of 9,000
pounds or more and those identified as Highway Emergency
Lane Patrol when the lights on those vehicles are used in
combination with red and white oscillating, flashing, or
rotating lights when responding to an emergency call or
when parked or stationary while engaged in motor vehicle
assistance or at the scene of the emergency.

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6. Motor vehicles or equipment of local authority or
municipalities which perform highway maintenance
operations, when the lights on those vehicles are used in
combination with amber or amber and white oscillating,
flashing, or rotating lights; furthermore, such lights
shall not be lighted except while such vehicles are
engaged in the maintenance operations, snow and ice
removal operations, or performing traffic control and
protection duties while at an emergency scene.
7. Fire department vehicles of local fire departments
and State or federal firefighting vehicles when the lights
on those vehicles are used in combination with red, or red
and white, or red and blue, oscillating, rotating, or
flashing lights.
8. Vehicles used by a security company when the lights
on those vehicles are used in combination with amber
oscillating, flashing, or rotating lights; furthermore,
such lights shall not be lighted except when the vehicle
is being operated upon the property or location where the
security company is employed to perform security or crime
prevention duties.
9. Ambulances or rescue vehicles operating in counties
with populations of less than 2,000,000.
(d-10) Fire department vehicles of local fire departments
and State or federal firefighting vehicles, police vehicles of
State, federal, or local authorities, and vehicles designated

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by local or State authority, while parked at an emergency
scene, may use a steady-on illumination or steady-burn, or
flashing green beacon or beacons if such steady-on,
steady-burn, or flashing beacon is used to indicate an
emergency operations command post or incident command
location.
(e) All oscillating, rotating, or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating, or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If
the lights are not covered while the vehicle is operated upon a
highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The
signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection (a),
(b), (c), or (d), (d-5), or (d-10)
of this Section who without
lawful authority stops or detains or attempts to stop or
detain another person shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person

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