Bill Text: IL SB3452 | 2011-2012 | 97th General Assembly | Chaptered

---

Bill Title: Amends the Illinois Vehicle Code. Provides that police officers who confiscate certain driver documents shall return them or cause them to be returned to the Secretary of State. Relocates provisions concerning registration plate covers and provides that a registration plate on a motorcycle may be mounted vertically, with conditions. Provides that a person who sells or advertises the sale of registration plate covers shall be guilty of a business offense. Provides that a person may not modify a vehicle's original mounting location so as to hinder a peace officer from obtaining the registration; that a person who does so is guilty of a Class A misdemeanor; and that the Secretary of State may suspend the driving privileges of a person who violates the new provisions. Adds concealing or altering a vehicle's license plate to the list of aggravating factors for fleeing or attempting to elude a peace officer. Provides that the owner of a vehicle involved in a commission of aggravated fleeing or attempting to elude a peace officer must, upon request, provide the name of the operator of the vehicle at the time of the offense and provides penalties for noncompliance. Provides that a police officer may order the removal of a vehicle that has had its registration suspended, cancelled, or revoked. Provides that the handlebars of a motorcycle may not be higher than the height of the operator's head and that the operator must keep at least one hand on the handlebars at all times the motorcycle is in motion. Provides that a person commits aggravated operating a motorcycle, motor driven cycle, or moped on one wheel when he or she operates on one wheel while speeding. Provides that a first violation of aggravated operating a motorcycle, motor driven cycle, or moped on one wheel is a petty offense with a minimum fine of $1,000, a second violation is a Class A misdemeanor with a minimum fine of $2,500, and a third or subsequent violation is a Class 4 felony with a minimum fine of $5,000. Provides that motorcycles and motor-driven cycles may be equipped with a red or amber stop lamp on the rear of the vehicle that flashes and becomes steady only when the brake is actuated.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-07-05 - Public Act . . . . . . . . . 97-0743 [SB3452 Detail]

Download: Illinois-2011-SB3452-Chaptered.html

---

Public Act 097-0743
SB3452 Enrolled LRB097 15085 HEP 60180 b
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 2-111, 3-400, 3-413, 6-205, 6-206, 11-204.1, 11-1302,
11-1403, 11-1403.2, and 12-208 as follows:
(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
Sec. 2-111. Seizure or confiscation of documents and
plates.
(a) The Secretary of State is authorized to take possession
of any certificate of title, registration card, permit,
license, registration plate, plates, disability license plate
or parking decal or device, or registration sticker issued by
him upon expiration, revocation, cancellation or suspension
thereof, or which is fictitious, or which has been unlawfully
or erroneously issued. Police officers who have reasonable
grounds to believe that any item or items listed in this
Section should be seized shall take possession of the items and
return them or cause them to be returned to request the
Secretary of State to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any
suspected fraudulent, fictitious, or altered documents
submitted by an applicant in support of an application for a

driver's license or permit.
(Source: P.A. 93-895, eff. 1-1-05; 94-619, eff. 1-1-06.)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definition. Notwithstanding the definition set
forth in Chapter 1 of this Act, for the purposes of this
Article, the following words shall have the meaning ascribed to
them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,
city pickup and delivery vehicles, buses used in transportation
of chartered parties, and government owned vehicles that are
used or intended for use in 2 or more member jurisdictions that
allocate or proportionally register vehicles, in a fleet which
is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight
in excess of 26,000 pounds; or has three or more axles
regardless of weight; or is used in combination when the weight
of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be
proportionally registered at the option of such owner.
"Base Jurisdiction" means, for purposes of fleet

registration, the jurisdiction where the registrant has an
established place of business, where operational records of the
fleet are maintained and where mileage is accrued by the fleet.
In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the "base
jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of
the operation of that fleet are maintained and where mileage is
accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such as
fuel reports, trip leases, and logs.
Owner. A person who holds legal title of a motor vehicle,
or in the event a motor vehicle is the subject of an agreement
for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in
the conditional vendee or lessee with right of purchase, or in
the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee
or lessee with right of purchase or mortgagor or lessee is
considered to be the owner for the purpose of this Act.
"Registration plate cover" means any tinted, colored,
painted, marked, clear, or illuminated object that is designed
to (i) cover any of the characters of a motor vehicle's

registration plate; or (ii) distort a recorded image of any of
the characters of a motor vehicle's registration plate recorded
by an automated enforcement system as defined in Section
11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an
automated traffic control system as defined in Section 15 of
the Automated Traffic Control Systems in Highway Construction
or Maintenance Zones Act.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.
"Restricted Plates" shall include but are not limited to
dealer, manufacturer, transporter, farm, repossessor, and
permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a member
of the International Registration Plan shall be granted
reciprocity but shall be subject to the same limitations as
similar plated Illinois registered vehicles.
(Source: P.A. 89-571, eff. 7-26-96; 90-89, eff. 1-1-98.)
(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
Sec. 3-413. Display of registration plates, registration
stickers, and drive-away permits; registration plate covers.
(a) Registration plates issued for a motor vehicle other
than a motorcycle, trailer, semitrailer, truck-tractor,
apportioned bus, or apportioned truck shall be attached

thereto, one in the front and one in the rear. The registration
plate issued for a motorcycle, trailer or semitrailer required
to be registered hereunder and any apportionment plate issued
to a bus under the provisions of this Code shall be attached to
the rear thereof. The registration plate issued for a
truck-tractor or an apportioned truck required to be registered
hereunder shall be attached to the front thereof.
(b) Every registration plate shall at all times be securely
fastened in a horizontal position to the vehicle for which it
is issued so as to prevent the plate from swinging and at a
height of not less than 5 inches from the ground, measuring
from the bottom of such plate, in a place and position to be
clearly visible and shall be maintained in a condition to be
clearly legible, free from any materials that would obstruct
the visibility of the plate, including, but not limited to,
glass covers and plastic covers. A registration plate on a
motorcycle may be mounted vertically as long as it is otherwise
clearly visible. Registration stickers issued as evidence of
renewed annual registration shall be attached to registration
plates as required by the Secretary of State, and be clearly
visible at all times.
(c) Every drive-away permit issued pursuant to this Code
shall be firmly attached to the motor vehicle in the manner
prescribed by the Secretary of State. If a drive-away permit is
affixed to a motor vehicle in any other manner the permit shall
be void and of no effect.

(d) The Illinois prorate decal issued to a foreign
registered vehicle part of a fleet prorated or apportioned with
Illinois, shall be displayed on a registration plate and
displayed on the front of such vehicle in the same manner as an
Illinois registration plate.
(e) The registration plate issued for a camper body mounted
on a truck displaying registration plates shall be attached to
the rear of the camper body.
(f) No person shall operate a vehicle, nor permit the
operation of a vehicle, upon which is displayed an Illinois
registration plate, plates or registration stickers after the
termination of the registration period for which issued or
after the expiration date set pursuant to Sections 3-414 and
3-414.1 of this Code.
(g) A person may not operate any motor vehicle that is
equipped with registration plate covers. A violation of this
subsection (g) or a similar provision of a local ordinance is
an offense against laws and ordinances regulating the movement
of traffic.
(h) A person may not sell or offer for sale a registration
plate cover. A violation of this subsection (h) is a business
offense.
(i) A person may not advertise for the purpose of promoting
the sale of registration plate covers. A violation of this
subsection (i) is a business offense.
(j) A person may not modify the original manufacturer's

mounting location of the rear registration plate on any vehicle
so as to conceal the registration or to knowingly cause it to
be obstructed in an effort to hinder a peace officer from
obtaining the registration for the enforcement of a violation
of this Code, Section 27.1 of the Toll Highway Act concerning
toll evasion, or any municipal ordinance. Modifications
prohibited by this subsection (j) include but are not limited
to the use of an electronic device. A violation of this
subsection (j) is a Class A misdemeanor.
(Source: P.A. 95-29, eff. 6-1-08; 95-331, eff. 8-21-07.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;

3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination

provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was

invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a

motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one
year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual

abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle

at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;
35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;

41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person; or .
46. Has committed a violation of subsection (j) of

Section 3-413 of this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as

an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of

operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an

accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.

(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require

the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
eff. 8-12-11; revised 9-15-11.)
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting to elude a
peace officer.
(a) The offense of aggravated fleeing or attempting to
elude a peace officer is committed by any driver or operator of
a motor vehicle who flees or attempts to elude a peace officer,

after being given a visual or audible signal by a peace officer
in the manner prescribed in subsection (a) of Section 11-204 of
this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour
over the legal speed limit;
(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property; or
(4) involves disobedience of 2 or more official traffic
control devices; or .
(5) involves the concealing or altering of the
vehicle's registration plate.
(b) Any person convicted of a first violation of this
Section shall be guilty of a Class 4 felony. Upon notice of
such a conviction the Secretary of State shall forthwith revoke
the driver's license of the person so convicted, as provided in
Section 6-205 of this Code. Any person convicted of a second or
subsequent violation of this Section shall be guilty of a Class
3 felony, and upon notice of such a conviction the Secretary of
State shall forthwith revoke the driver's license of the person
convicted, as provided in Section 6-205 of the Code.
(c) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 1961.
(Source: P.A. 96-328, eff. 8-11-09.)
(625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)

Sec. 11-1302. Officers authorized to remove vehicles. (a)
Whenever any police officer finds a vehicle in violation of any
of the provisions of Section 11-1301 such officer is hereby
authorized to move such vehicle, or require the driver or other
person in charge of the vehicle to move the same, to a position
off the roadway.
(b) Any police officer is hereby authorized to remove or
cause to be removed to a place of safety any unattended vehicle
illegally left standing upon any highway, bridge, causeway, or
in a tunnel, in such a position or under such circumstances as
to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled
vehicle standing upon the paved or main-traveled part of a
highway, which vehicle is or may be expected to interrupt the
free flow of traffic on the highway or interfere with the
maintenance of the highway, the Department is authorized to
move the vehicle to a position off the paved or improved or
main-traveled part of the highway.
(c) Any police officer is hereby authorized to remove or
cause to be removed to the nearest garage or other place of
safety any vehicle found upon a highway when:
1. Report has been made that such vehicle has been stolen
or taken without the consent of its owner, or
2. The person or persons in charge of such vehicle are
unable to provide for its custody or removal, or
3. When the person driving or in control of such vehicle is

arrested for an alleged offense for which the officer is
required by law to take the person arrested before a proper
magistrate without unnecessary delay, or .
4. When the registration of the vehicle has been suspended,
cancelled, or revoked.
(Source: P.A. 79-1069.)
(625 ILCS 5/11-1403) (from Ch. 95 1/2, par. 11-1403)
Sec. 11-1403. Riding on motorcycles. (a) A person operating
a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any
other person nor shall any other person ride on a motorcycle
unless such motorcycle is designed to carry more than one
person, in which event a passenger may ride upon the permanent
and regular seat if designed for 2 persons, or upon another
seat firmly attached to the motorcycle at the rear or side of
the operator.
(b) A person shall ride upon a motorcycle only while
sitting astride the seat, facing forward, with one leg on each
side of the motorcycle.
(c) No person shall operate any motorcycle with handlebar
grips handlebars higher than the height of the head shoulders
of the operator when the operator is seated in the normal
driving position astride that portion of the seat or saddle
occupied by the operator.
(d) The operator of any motorcycle shall keep at least one

hand on a handlebar grip at all times the motorcycle is in
motion.
(Source: P.A. 84-602.)
(625 ILCS 5/11-1403.2) (from Ch. 95 1/2, par. 11-1403.2)
Sec. 11-1403.2. Operating a motorcycle, motor driven
cycle, or moped on one wheel; aggravated operating a
motorcycle, motor driven cycle, or moped on one wheel.
(a) No person shall operate a motorcycle, motor driven
cycle, or moped on one wheel.
(b) Aggravated operating a motorcycle, motor driven cycle,
or moped on one wheel. A person commits aggravated operating a
motorcycle, motor driven cycle, or moped on one wheel when he
or she violates subsection (a) of this Section while committing
a violation of subsection (b) of Section 11-601 of this Code. A
violation of this subsection is a petty offense with a minimum
fine of $100, except a second conviction of a violation of this
subsection is a Class B misdemeanor and a third or subsequent
conviction of a violation of this subsection is a Class A
misdemeanor.
(Source: P.A. 96-554, eff. 1-1-10.)
(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
Sec. 12-208. Signal lamps and signal devices.
(a) Every vehicle other than an antique vehicle displaying
an antique plate or an expanded-use antique vehicle displaying

expanded-use antique vehicle plates operated in this State
shall be equipped with a stop lamp or lamps on the rear of the
vehicle which shall display a red or amber light visible from a
distance of not less than 500 feet to the rear in normal
sunlight and which shall be actuated upon application of the
service (foot) brake, and which may but need not be
incorporated with other rear lamps. During times when lighted
lamps are not required, an antique vehicle or an expanded-use
antique vehicle may be equipped with a stop lamp or lamps on
the rear of such vehicle of the same type originally installed
by the manufacturer as original equipment and in working order.
However, at all other times, except as provided in subsection
(a-1), such antique vehicle or expanded-use antique vehicle
must be equipped with stop lamps meeting the requirements of
Section 12-208 of this Act.
(a-1) An antique vehicle or an expanded-use antique
vehicle, including an antique motorcycle, may display a blue
light or lights of up to one inch in diameter as part of the
vehicle's rear stop lamp or lamps.
(b) Every motor vehicle other than an antique vehicle
displaying an antique plate or an expanded-use antique vehicle
displaying expanded-use antique vehicle plates shall be
equipped with an electric turn signal device which shall
indicate the intention of the driver to turn to the right or to
the left in the form of flashing lights located at and showing
to the front and rear of the vehicle on the side of the vehicle

toward which the turn is to be made. The lamps showing to the
front shall be mounted on the same level and as widely spaced
laterally as practicable and, when signaling, shall emit a
white or amber light, or any shade of light between white and
amber. The lamps showing to the rear shall be mounted on the
same level and as widely spaced laterally as practicable and,
when signaling, shall emit a red or amber light. An antique
vehicle or expanded-use antique vehicle shall be equipped with
a turn signal device of the same type originally installed by
the manufacturer as original equipment and in working order.
(c) Every trailer and semitrailer shall be equipped with an
electric turn signal device which indicates the intention of
the driver in the power unit to turn to the right or to the left
in the form of flashing red or amber lights located at the rear
of the vehicle on the side toward which the turn is to be made
and mounted on the same level and as widely spaced laterally as
practicable.
(d) Turn signal lamps must be visible from a distance of
not less than 300 feet in normal sunlight.
(e) Motorcycles and motor-driven cycles need not be
equipped with electric turn signals. Antique vehicles and
expanded-use antique vehicles need not be equipped with turn
signals unless such were installed by the manufacturer as
original equipment.
(f) (Blank).
(g) Motorcycles and motor-driven cycles may be equipped

with a stop lamp or lamps on the rear of the vehicle that
display a red or amber light, visible from a distance of not
less than 500 feet to the rear in normal sunlight, that flashes
and becomes steady only when the brake is actuated.
(Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
(625 ILCS 5/12-610.5 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Section 12-610.5.