Statutes > Illinois Statutes > CHAPTER 625 VEHICLES > 625 ILCS 5/ Illinois Vehicle Code. > Chapter 11 - Rules Of The Road

Chapter 11 - Rules Of The Road


      (625 ILCS 5/Ch. 11 heading)
CHAPTER 11. RULES OF THE ROAD


      (625 ILCS 5/Ch. 11 Art. I heading)
ARTICLE I. SPECIAL DEFINITIONS

    (625 ILCS 5/11‑100) (from Ch. 95 1/2, par. 11‑100)
    Sec. 11‑100. Definition of Administrator. For the purposes of this Chapter, "Administrator" means the Administrator of the Illinois Safety and Family Financial Responsibility Law in Chapter 7 of this Code.
(Source: P.A. 89‑92, eff. 7‑1‑96; 90‑89, eff. 1‑1‑98.)


      (625 ILCS 5/Ch. 11 Art. II heading)
ARTICLE II. OBEDIENCE TO AND EFFECT
OF TRAFFIC LAWS

    (625 ILCS 5/11‑201) (from Ch. 95 1/2, par. 11‑201)
    Sec. 11‑201. Provisions of act refer to vehicles upon the highways‑Exceptions.
    The provisions of this Chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
    1. Where a different place is specifically referred to in a given section.
    2. The provisions of Articles IV and V of this Chapter shall apply upon highways and elsewhere throughout the State.
(Source: P.A. 76‑1586.)

    (625 ILCS 5/11‑202) (from Ch. 95 1/2, par. 11‑202)
    Sec. 11‑202. Required obedience to traffic laws.
    It is unlawful and, unless otherwise declared in this Chapter with respect to particular offenses, it is a petty offense for any person to do any act forbidden or fail to perform any act required in this Chapter.
(Source: P.A. 80‑911.)

    (625 ILCS 5/11‑203) (from Ch. 95 1/2, par. 11‑203)
    Sec. 11‑203. Obedience to police officers. No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer, fireman, or school crossing guard invested by law with authority to direct, control, or regulate traffic. Any person convicted of violating this Section is guilty of a petty offense and shall be subject to a mandatory fine of $150.
(Source: P.A. 90‑749, eff. 1‑1‑99.)

    (625 ILCS 5/11‑204) (from Ch. 95 1/2, par. 11‑204)
    Sec. 11‑204. Fleeing or attempting to elude a peace officer.
    (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. The signal given by the peace officer may be by hand, voice, siren, red or blue light. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12‑215 of Chapter 12.
    (b) Upon receiving notice of such conviction the Secretary of State shall suspend the drivers license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction.
    (c) A third or subsequent violation of this Section is a Class 4 felony.
(Source: P.A. 93‑120, eff. 1‑1‑04.)

    (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.
    (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 5/11‑205)(from Ch. 95 1/2, par. 11‑205)
    Sec. 11‑205. Public officers and employees to obey Act‑Exceptions.
    (a) The provisions of this Chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this State or any county, city, town, district or any other political subdivision of the State, except as provided in this Section and subject to such specific exceptions as set forth in this Chapter with reference to authorized emergency vehicles.
    (b) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
    (c) The driver of an authorized emergency vehicle may:
        1. Park or stand, irrespective of the provisions of
     this Chapter;
        2. Proceed past a red or stop signal or stop sign,
     but only after slowing down as may be required and necessary for safe operation;
        3. Exceed the maximum speed limits so long as he
     does not endanger life or property;
        4. Disregard regulations governing direction of
     movement or turning in specified directions.
    (d) The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion or visual signals meeting the requirements of Section 12‑215 of this Act.
    (e) The foregoing provisions do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
    (f) Unless specifically made applicable, the provisions of this Chapter, except those contained in Section 11‑204 and Articles IV and V of this Chapter, shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a highway but shall apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89‑710, eff. 2‑14‑97; 90‑257, eff. 7‑30‑97.)

    (625 ILCS 5/11‑206) (from Ch. 95 1/2, par. 11‑206)
    Sec. 11‑206. Traffic laws apply to persons riding animals or driving animal‑drawn vehicles.
    Every person riding an animal or driving any animal‑drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.
(Source: P.A. 79‑858.)

    (625 ILCS 5/11‑207) (from Ch. 95 1/2, par. 11‑207)
    Sec. 11‑207. Provisions of this Chapter uniform throughout State. The provisions of this Chapter shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance rule or regulation in conflict with the provisions of this Chapter unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this Chapter, but such regulations shall not be effective until signs giving reasonable notice thereof are posted.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (625 ILCS 5/11‑208) (from Ch. 95 1/2, par. 11‑208)
    Sec. 11‑208. Powers of local authorities.
    (a) The provisions of this Code shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
        1. Regulating the standing or parking of vehicles,
    except as limited by Sections 11‑1306 and 11‑1307 of this Act;
        2. Regulating traffic by means of police officers or
    traffic control signals;
        3. Regulating or prohibiting processions or
    assemblages on the highways;
        4. Designating particular highways as one‑way
    highways and requiring that all vehicles thereon be moved in one specific direction;
        5. Regulating the speed of vehicles in public parks
    subject to the limitations set forth in Section 11‑604;
        6. Designating any highway as a through highway, as
    authorized in Section 11‑302, and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right‑of‑way intersection and requiring all vehicles to stop or yield the right‑of‑way at one or more entrances to such intersections;
        7. Restricting the use of highways as authorized in
    Chapter 15;
        8. Regulating the operation of bicycles and requiring
    the registration and licensing of same, including the requirement of a registration fee;
        9. Regulating or prohibiting the turning of vehicles
    or specified types of vehicles at intersections;
        10. Altering the speed limits as authorized in
    Section 11‑604;
        11. Prohibiting U‑turns;
        12. Prohibiting pedestrian crossings at other than
    designated and marked crosswalks or at intersections;
        13. Prohibiting parking during snow removal operation;
        14. Imposing fines in accordance with Section
    11‑1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1‑159.1, or disabled veterans by any person using a motor vehicle not bearing registration plates specified in Section 11‑1301.1 or a special decal or device as defined in Section 11‑1301.2 as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran;
        15. Adopting such other traffic regulations as are
    specifically authorized by this Code; or
        16. Enforcing the provisions of subsection (f) of
    Section 3‑413 of this Code or a similar local ordinance.
    (b) No ordinance or regulation enacted under subsections 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective until signs giving reasonable notice of such local traffic regulations are posted.
    (c) The provisions of this Code shall not prevent any municipality having a population of 500,000 or more inhabitants from prohibiting any person from driving or operating any motor vehicle upon the roadways of such municipality with headlamps on high beam or bright.
    (d) The provisions of this Code shall not be deemed to prevent local authorities within the reasonable exercise of their police power from prohibiting, on private property, the unauthorized use of parking spaces reserved for persons with disabilities.
    (e) No unit of local government, including a home rule unit, may enact or enforce an ordinance that applies only to motorcycles if the principal purpose for that ordinance is to restrict the access of motorcycles to any highway or portion of a highway for which federal or State funds have been used for the planning, design, construction, or maintenance of that highway. No unit of local government, including a home rule unit, may enact an ordinance requiring motorcycle users to wear protective headgear. Nothing in this subsection (e) shall affect the authority of a unit of local government to regulate motorcycles for traffic control purposes or in accordance with Section 12‑602 of this Code. No unit of local government, including a home rule unit, may regulate motorcycles in a manner inconsistent with this Code. This subsection (e) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
    (f) A municipality or county designated in Section 11‑208.6 may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
    (g) A municipality or county, as provided in Section 11‑1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11‑1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(Source: P.A. 96‑478, eff. 1‑1‑10; 96‑1256, eff. 1‑1‑11.)

    (625 ILCS 5/11‑208.1) (from Ch. 95 1/2, par. 11‑208.1)
    Sec. 11‑208.1. Uniformity.
    The provisions of this Chapter of this Act, as amended, and the rules and regulations promulgated thereunder by any State Officer, Office, Agency, Department or Commission, shall be applicable and uniformly applied and enforced throughout this State, in all other political subdivisions and in all units of local government.
(Source: P. A. 77‑706.)

    (625 ILCS 5/11‑208.2) (from Ch. 95 1/2, par. 11‑208.2)
    Sec. 11‑208.2. Limitation on home rule units.
    The provisions of this Chapter of this Act limit the authority of home rule units to adopt local police regulations inconsistent herewith except pursuant to Sections 11‑208, 11‑209, 11‑1005.1, 11‑1412.1, and 11‑1412.2 of this Chapter of this Act.
(Source: P.A. 92‑868, eff. 6‑1‑03.)

    (625 ILCS 5/11‑208.3)(from Ch. 95 1/2, par. 11‑208.3)
    (Text of Section from P.A. 96‑288)
    Sec. 11‑208.3. Administrative adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles and automated traffic law violations.
    (a) Any municipality may provide by ordinance for a system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations as defined in this subsection and automated traffic law violations as defined in Section 11‑208.6. The administrative system shall have as its purpose the fair and efficient enforcement of municipal regulations through the administrative adjudication of automated traffic law violations and violations of municipal ordinances regulating the standing and parking of vehicles, the condition and use of vehicle equipment, and the display of municipal wheel tax licenses within the municipality's borders. The administrative system shall only have authority to adjudicate civil offenses carrying fines not in excess of $250 or requiring the completion of a traffic education program, or both, that occur after the effective date of the ordinance adopting such a system under this Section. For purposes of this Section, "compliance violation" means a violation of a municipal regulation governing the condition or use of equipment on a vehicle or governing the display of a municipal wheel tax license.
    (b) Any ordinance establishing a system of administrative adjudication under this Section shall provide for:
        (1) A traffic compliance administrator authorized to
     adopt, distribute and process parking, compliance, and automated traffic law violation notices and other notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances and automated traffic law violations, and operate an administrative adjudication system. The traffic compliance administrator also may make a certified report to the Secretary of State under Section 6‑306.5.
        (2) A parking, standing, compliance, or automated
     traffic law violation notice that shall specify the date, time, and place of violation of a parking, standing, compliance, or automated traffic law regulation; the particular regulation violated; any requirement to complete a traffic education program; the fine and any penalty that may be assessed for late payment or failure to complete a required traffic education program, or both, when so provided by ordinance; the vehicle make and state registration number; and the identification number of the person issuing the notice. With regard to automated traffic law violations, vehicle make shall be specified on the automated traffic law violation notice if the make is available and readily discernible. With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make specified is incorrect. The violation notice shall state that the completion of any required traffic education program, the payment of any indicated fine, and the payment of any applicable penalty for late payment or failure to complete a required traffic education program, or both, shall operate as a final disposition of the violation. The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The violation notice shall specify the time and manner in which a hearing may be had.
        (3) Service of the parking, standing, or compliance
     violation notice by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he or she is present and service of an automated traffic law violation notice by mail to the address of the registered owner of the cited vehicle as recorded with the Secretary of State within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control. In the case of an automated traffic law violation, the ordinance shall require a determination by a technician employed or contracted by the municipality or county that, based on inspection of recorded images, the motor vehicle was being operated in violation of Section 11‑208.6 or a local ordinance. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right‑of‑way to an emergency vehicle, a citation shall not be issued. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business. A parking, standing, compliance, or automated traffic law violation notice issued, signed and served in accordance with this Section, a copy of the notice, or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer generated record shall be admissible in any subsequent administrative or legal proceedings.
        (4) An opportunity for a hearing for the registered
     owner of the vehicle cited in the parking, standing, compliance, or automated traffic law violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under Section 11‑1306 of this Code the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this Section may be represented by counsel at their expense. The ordinance may also provide for internal administrative review following the decision of the hearing officer.
        (5) Service of additional notices, sent by first
     class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under Section 11‑1306 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include but not be limited to the information specified herein:
            (i) A second notice of parking, standing, or
         compliance violation. This notice shall specify the date and location of the violation cited in the parking, standing, or compliance violation notice, the particular regulation violated, the vehicle make and state registration number, any requirement to complete a traffic education program, the fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had. The notice of violation shall also state that failure to complete a required traffic education program, to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the municipality.
            (ii) A notice of final determination of parking,
         standing, compliance, or automated traffic law violation liability. This notice shall be sent following a final determination of parking, standing, compliance, or automated traffic law violation liability and the conclusion of judicial review procedures taken under this Section. The notice shall state that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the municipality. The notice shall contain warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the municipality, or both, within the time specified may result in the municipality's filing of a petition in the Circuit Court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment as provided by this Section, or may result in suspension of the person's drivers license for failure to complete a traffic education program or to pay fines or penalties, or both, for 10 or more parking violations under Section 6‑306.5 or 5 or more automated traffic law violations under Section 11‑208.6.
        (6) A notice of impending drivers license
     suspension. This notice shall be sent to the person liable for failure to complete a required traffic education program or to pay any fine or penalty that remains due and owing, or both, on 10 or more parking violations or 5 or more unpaid automated traffic law violations. The notice shall state that failure to complete a required traffic education program or to pay the fine or penalty owing, or both, within 45 days of the notice's date will result in the municipality notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6‑306.5 of this Code. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self addressed, stamped envelope to the municipality along with a request for the photostatic copy. The notice of impending drivers license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
        (7) Final determinations of violation liability. A
     final determination of violation liability shall occur following failure to complete the required traffic education program or to pay the fine or penalty, or both, after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: (A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for filing the petition without a filing having been made.
        (8) A petition to set aside a determination of
     parking, standing, compliance, or automated traffic law violation liability that may be filed by a person owing an unpaid fine or penalty. A petition to set aside a determination of liability may also be filed by a person required to complete a traffic education program. The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance. The grounds for the petition may be limited to: (A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already completed the required traffic education program or paid the fine or penalty, or both, for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing. With regard to municipalities with