Several readers have been sitting on the edges of their chairs and demanding that I back up my previous statement that it is illegal for fire trucks to use their sirens when escorting a parade or, for example, a private procession to the home of a soldier celebrating his return on leave.
I know there is another section in the Illinois Vehicle Code that allows fire equipment to use sirens while proceeding to a fire or emergency, but not while returning, but I haven't found that section yet.
But here is the section that prohibits use of sirens on fire equipment providing an escort:
Illinois Vehicle Code. 625 ILCS 5/12‑601
Sec. 12‑601. Horns and warning devices.
(b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. Any authorized emergency vehicle or organ transport vehicle as defined in Chapter 1 of this Act may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but such siren, whistle or bell, shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law in either of which events the driver of such vehicle shall sound such siren, whistle or bell, when necessary to warn pedestrians and other drivers of the approach thereof. (emphasis added)
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7 comments:
Congratulations, Gus, you're almost halfway there. That section would certainly seem to apply. The problem with this law, like so many the legislature creates, is that there is no penalty provided that I can find, can you? You recall that basic tenet of law, don't you? If there is no penalty provided, there is no violation of the law. Keep looking, I've tried to find it but I can't. Just got off work so maybe my vision's not the best.
Good luck!
Darth, thanks for your comment. Sorry, but I don't agree, just because there is no penalty, that there is no violation.
Maybe there is a general penalty that applies. I guess a way to find out would be to have a driver of a fire truck charged for using a siren when escorting a soldier home.
It shouldn't have to come to that. Ours is (supposed to be) a nation of laws that are respected.
Well, I won't argue that they aren't violating the intent of the law, but unless there's a penalty attached the law is, for all intents and purposes, null & void. Look through the statute and see if you can find a penalty - general or otherwise. I couldn't. There are plenty of sections in that chapter that were properly drafted and have penalties specified either in the section or in a general penalty clause. Not this one so far.
Then it is up to the Chief to honor and comply with the Law, is it not?
The buck stops there.
But it's the driver who would get the ticket.
Law school, Gus :-)
Give them all the tickets you wish-if the statute does not have a penalty, the tickets are useless. You cannot have a citation for a traffic offense without some sort of enforcement phase for the "offense". There are many areas of the IVC which are basically informative sections, but not laws. Gus, I'm afraid you're spitting into the wind. Ask one of Lou's people for an answer to a law question. I'd imagine that an offense, if one exists, would be a state charge, and would be prosecuted by one of his people.
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