(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.
Todd L. Sherman/KB4MHH, Owner/Webmaster
Gainesville, Alachua Co., Fla.
E-mail: afn09444@afn.org
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