(This law applies to "commercial motor vehicles" ONLY. Definition of "commercial motor vehicle" follows the radar law. -Todd)
Original source: Illinois Compiled Statutes - 2002
Chapter 625 - Vehicles
Illinois Vehicle Code
625 ILCS 5/
Chapter 12 - Equipment of Vehicles
Article VII. Special Requirements for Vehicles of the Second Division
Section 12-714
CITE: 625 ILCS 5/12-714
[...]
Sec. 12-714. Possession and use of RADAR-detection devices
prohibited.
(a) No person shall operate or be in actual physical control of a
commercial motor vehicle as defined in Section 6-500(6) of this Code
while the motor vehicle is equipped with any instrument designed to
detect the presence of police RADAR for the purpose of monitoring
vehicular speed.
(b) Notwithstanding Subsection (a) of this Section, a person
operating a Commercial Motor Vehicle as defined in Section 6-500(6) of
this Code, who possesses within the vehicle a RADAR-detecting device
that is contained in a locked opaque box or similar container, or that
is not in the passenger compartment of the vehicle, and that is not in
operation, shall not be in violation of Subsection (a) of this Section.
Any person found guilty of violating this Section shall be guilty of
a petty offense. A minimum fine of $50 shall be imposed for a first
offense and a minimum fine of $100 for a second or subsequent offense.
(c) The RADAR-detection device or mechanism shall be seized by the
law enforcement officer at the time of the violation if the Offender has
previously been convicted of violating this Section. This Section shall
not be construed to authorize the permanent forfeiture to the State of
any RADAR-detection device or mechanism. Any such device or mechanism
shall be taken and held for the period when needed as evidence. When no
longer needed for evidence, the Defendant may petition the court for the
return of the device or mechanism; provided the Defendant shall prove to
the court by a preponderance of the evidence that the device or
mechanism will be used only for a legitimate and lawful purpose.
(d) No Commercial Motor Vehicle, or driver of such vehicle, shall
be stopped or searched by any law enforcement officer solely on the
basis of a violation or suspected violation of this Section.
(Source: P.A. 90-89, eff. 1-1-98.)
Chapter 6 - The Illinois Driver Licensing Law
Article V - Commercial Motor Vehicle Operators
Section 6-500
CITE: 625 ILCS 5/6-500
Sec. 6-500. Definitions of words and phrases. Notwithstanding the definitions set forth elsewhere in this Code, for purposes of the Uniform Commercial Driver's License Act (UCDLA), the words and phrases listed below shall have the meanings ascribed to them as follows: [...] Commercial Motor Vehicle. "Commercial Motor Vehicle" means a motor vehicle, except those referred to in Paragraph (d), designed to transport passengers or property if: (a) the vehicle has a GVWR of 26,001 pounds or more or such a lesser GVWR as subsequently determined by Federal regulations or the Secretary of State; or any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of any vehicle or vehicles being towed is 10,001 pounds or more; or (b) the vehicle is designed to transport 16 or more persons; or (c) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, subpart F. (d) Pursuant to the interpretation of the Commercial Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "Commercial Vehicle" does not include: (i) Recreational vehicles, when operated primarily for personal use; (ii) United States Department of Defense vehicles being operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or (iii) Firefighting and other emergency equipment with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.
Retranscribed by: Todd L. Sherman/KB4MHH
Last updated: December 16, 2002.
Mobile Scanner & RADAR-Detector Laws In The U.S.
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Gainesville, Alachua Co., Fla.
E-mail: afn09444@afn.org
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