Publications

Articles on Vehicle Code

Unambiguous language of Motor Vehicle Code allows left turn at intersection into any available lane

December
2018
Illinois Law Update
Page 14
On Sept. 13, 2018, the Fourth District Appellate Court of Illinois held that a police officer did not have reasonable suspicion that criminal activity was afoot when he conducted an investigatory stop. Therefore, any evidence acquired after the stop was improperly recovered.

Used vehicle dealers now required to use Electronic Registration and Titling program

October
2018
Illinois Law Update
Page 18
On July 23, 2018, the Secretary of State adopted amendments to Certificates of Title, Registration of Vehicles (92 Ill. Adm. Code 1010 (effective Jan. 1, 2019)), adding used vehicle dealers to the list of entities required to use the Electronic Registration and Titling program (ERT).

Vehicle Code now clear on back-up lamp colors

October
2018
Illinois Law Update
Page 18
Section 12-209 of the Illinois Vehicle Code was amended to specify that back-up lamps on motor vehicles must emit a white or amber light, without glare, when the vehicle is reversing.

Enforcement rules added to Hours of Service Drivers

June
2018
Illinois Law Update
Page 16
The Department of Transportation adopted amendments to the Hours of Service Drivers of the Motor Carrier Safety Regulations (92 Ill. Adm. Code 395) (eff. Mar. 14, 2018) expanding the exemptions to the hours of service requirement for drivers of commercial vehicles.

New road test requirements for restricted local driver’s licenses

June
2018
Illinois Law Update
Page 16
Issuance of Licenses regulations (92 Ill. Adm. Code 1030) (eff. Mar. 5, 2018) have been amended to modify the road test for persons applying for a restricted local driver's license.

House bill proposes to give counties more control over weight limits for vehicles on highways

August
2016
Illinois Law Update
Page 18
House Bill 6427 would amend the Illinois Highway Code and the Illinois Vehicle Code to allow counties to impose weight limits on vehicles.

Lack of supervision option does not render aggravated speeding law unconstitutional, Illinois Supreme Court rules

By Matthew Hector
August
2016
LawPulse
Page 12
In People v. Rizzo, the supreme court overturned a circuit court ruling that refusing to allow supervision for aggravated speeding is too harsh a penalty compared to those for other Class A misdemeanors.

George Bailey Memorial Fund created; fees created for deposit into Fund

June
2016
Illinois Law Update
Page 18
The State Finance Act has been amended to create the George Bailey Memorial Fund.

Heightened safety and certification requirements for low-speed vehicles added to the Illinois Vehicle Code

May
2016
Illinois Law Update
Page 16
Under this amendment to the Illinois Vehicle Code, additional safety mechanisms must be present on low-speed vehicles operated on any street.

Keeping the Road Safe and the Law Sane

By Ed Finkel
October
2015
Cover Story
Page 24
The ISBA Traffic Law Section had one of its best years ever this legislative session, helping advance laws that remove harsh and counterproductive DUI restrictions while keeping (and sometimes boosting) appropriate punishments.

Drivers and passengers face new criminal penalties for willful violations of certain federal regulations

September
2015
Illinois Law Update
Page 18
This bill would amend the criminal violations provision of the Illinois Vehicle Code.

Illinois vehicle code will be amended to include new “Aggravated Special Speed Limit” offense

August
2015
Illinois Law Update
Page 16
A bill to amend the Illinois Vehicle Code to include the new offense of "aggravated special speed limit" has been passed by the General Assembly.

Judge strikes ban on supervision for aggravated speeding

July
2015
Article
Page 30
A Cook County judge rules that categorically denying court supervision for 'excessive speeding' is unconstitutional.

Vehicular petty offenses may be satisfied by a written guilty plea

March
2015
Illinois Law Update
Page 20
The Illinois Vehicle Code has been amended to allow for certain persons guilty of petty violations of the Code to simply enter a written plea of guilty without a court appearance.

Illinois Vehicle Code relaxes proof of registration requirements

November
2014
Illinois Law Update
Page 524
Under the Illinois Vehicle Code, the general rule is that no person is permitted to operate a vehicle on any Illinois highway if he or she does not demonstrate proper evidence of registration.

What’s New in Traffic Law for 2014

By Larry A. Davis and Thomas C. Speedie
November
2014
Article
Page 532
Are you a lawyer who represents drivers, or maybe one who gets behind the wheel from time to time? Here are nine important traffic law developments.

Fines for vehicles driving without a certificate of safety

April
2014
Illinois Law Update
Page 168
The Illinois Vehicle Code has been amended to institute new fines for persons operating a vehicle on a state highway without an effective certificate of safety displayed, in violation of Illinois Vehicle Code safety inspection requirements.

License renewal application fees changed for new and used car dealers

April
2014
Illinois Law Update
Page 168
The Illinois Vehicle Code has been amended to require both new and used car dealers to pay a license renewal application fee to be determined by the amount of automobiles sold by the dealer in the prior year, as per the following scheme: for 25-200 automobiles sold, a fee of $150; for 200-300 automobiles sold, a fee of $300; and for 300 automobiles or more sold, a fee of $500.

Police seizure of unauthorized-lights-sporting vehicles

April
2014
Illinois Law Update
Page 168
In addition to facing a Class A Misdemeanor for possessing "oscillating, rotating, or flashing lights or other indicia of emergency vehicle authority within any portion of a motor vehicle," upon a legal search, a searching law enforcement officer must seize, upon violation, any such indicia or equipment.

The Medical Cannabis Act and Illinois DUI Law

By Larry A. Davis
March
2014
Article
Page 128
The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.

Reformers: trace law unfairly punishes drug users who are not DUI

By Janan Hanna
March
2014
LawPulse
Page 114
Proponents are championing legislation to eliminate harsh penalties for drivers who had traces of illegal drugs in their system but were not driving while impaired.

High court: ‘sole insured’ can’t be excluded from vehicle liability coverage

By Janan Hanna
February
2014
LawPulse
Page 62
The Illinois Supreme Court ruled recently that it violates public policy for an auto insurer to exclude from coverage the owner of the vehicle who is also the only named insured.

Personal injuries caused while driving with a suspended license now a class 4 felony

January
2014
Illinois Law Update
Page 16
A second or subsequent violation of driving with a suspended or revoked license or permit will now be considered a Class 4 felony if it proximately causes a motor vehicle accident which leads to death or personal injury to another.

Aggravated device use now a crime

November
2013
Illinois Law Update
Page 560
The Illinois Vehicle Code has been amended to create new charges of "aggravated device use" for the illegal use of video devices, electronic communication devices, and wireless phones while driving.

Electronic insurance cards now accepted

November
2013
Illinois Law Update
Page 560
The Illinois Vehicle Code has been amended to allow for the electronic display of insurance information for the proof of insurance that is required to be carried in the vehicle. 625 ILCS 5/7-602.

New restrictions and stronger penalties for using hand-held electronic devices while driving

November
2013
Illinois Law Update
Page 560
Section 12-610.2 of the Illinois Vehicle Code, which used to only prohibit the composing, sending, and receiving of electronic messages while driving, will soon prohibit any use of an "electronic communications devise" while driving. 625 ILCS 5/12-610.2.

Requirements for obtaining registration and penalties for providing false insurance information

November
2013
Illinois Law Update
Page 560
Section 5 of the Illinois Vehicle Code has long provided that vehicle owners applying for registration need to provide detailed information regarding the insurance policy for the motor vehicle, such as the policy number, the name of the insurer issuing the policy, and the expiration date of the policy. 625 ILCS 5/3-405.

New offenses and increased fines for unauthorized use of disability decals or license plates. PA 097-0844

July
2013
Illinois Law Update
Page 336
The law on use of disability license plates, decals, and devices has been expanded to explicitly provide for items issued to now-deceased individuals.

Of Traffic Tickets and Trusts

July
2013
Column
Page 367
Advising commercial drivers about traffic tickets, and why the next will you draft should have a supplemental needs trust provision.

Stricter penalties for speeding. PA 097-0831

July
2013
Illinois Law Update
Page 336
Starting this summer, defendants cited for operating a vehicle more than 25 miles per hour over the speed limit in urban areas or more than 30 miles per hour over the limit on highways face stricter penalties.

Pages

Select a Different Subject