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MG MGA - New Illinois Law WILL Effect Rallies - TSD, Etc

In my opinion, a perfect example of lumping all types of events into one category in order to police just one or two.

I'm REAL curious as to who sponsored this bill...who voted for it...and what bill it was attached to in order to be passed without much public notification or knowledge.

I would like to get a legal opinion on this as to exactly how TSD rallies, etc are viewed under the eye of the law.

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(625 ILCS 5/11‑506)
Sec. 11‑506. Street racing; aggravated street racing.
(a) No person shall engage in street racing on any street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing.
(c) For the purposes of this Section, the following words shall have the meanings ascribed to them:
"Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing.

"Street racing" means:

(1) The operation of 2 or more vehicles from a point
side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(2) The operation of one or more vehicles over a
common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or

(3) The use of one or more vehicles in an attempt to
outgain or outdistance another vehicle; or

(4) The use of one or more vehicles to prevent
another vehicle from passing; or

(5) The use of one or more vehicles to arrive at a
given destination ahead of another vehicle or vehicles; or

(6) The use of one or more vehicles to test the
physical stamina or endurance of drivers over long‑distance driving routes.

(d) Penalties.
(1) Any person who is convicted of a violation of
subsection (a) shall be guilty of a Class A misdemeanor for the first offense and shall be subject to a minimum fine of $250. Any person convicted of a violation of subsection (a) a second or subsequent time shall be guilty of a Class 4 felony and shall be subject to a minimum fine of $500. The driver's license of any person convicted of subsection (a) shall be revoked in the manner provided by Section 6‑205 of this Code.

(2) Any person who is convicted of a violation of
subsection (b) shall be guilty of a Class B misdemeanor. Any person who is convicted of subsection (b) for a second or subsequent time shall be guilty of a Class A misdemeanor.

(3) Every person convicted of committing a violation
of subsection (a) of this Section shall be guilty of aggravated street racing if the person, in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. Aggravated street racing is a Class 4 felony for which the defendant, if sentenced to a term of imprisonment shall be sentenced to not less than one year nor more than 12 years.

(Source: P.A. 95‑310, eff. 1‑1‑08.)

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ADDENDUM..........

This is buried on Page 74 of:

http://www.ilga.gov/legislation/95/SB/09500SB0172.htm

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008SB0172

Introduced 1/31/2007, by Sen. John J. Cullerton - Antonio Munoz - Martin A. Sandoval - Mattie Hunter
rick ingram

Typical Illinois,as if this was our only problem.If this is enforced, good luck finding a cab in Chicago LOL!
gary starr

I can't see where a TSD rally is prohibited, since you are not trying to get to the finish before any other vehicles but at a specific time and distance. This may be a loop hole. Of course if you get caught speeding.....

A gimmick rally may be considered street racing.

Chuck
C Schaefer

Something no one has mentioned is how the underwriting insurance companies will look at this.

I think I know....it's an easy out for them.
rick ingram

Chuck's probably right about TSD rallies. Looks like a loophole, although I know that regardless of the law at least one of the major classic insurance companies considers TSD rallies and funkhanas racing because they're time trials.

If you wreck your car during a TSD rally you're just going to have to deny, deny, deny that you were doing anything but enjoying a leisurely tour.

What concerns me is this paragraph:
**(6) The use of one or more vehicles to test the
physical stamina or endurance of drivers over long‑distance driving routes. **

That pretty much rules out endurance rallies. Of course, it would be difficult for a police officer to ascertain that you were participating in an endurance rally unless you actually TOLD him, but nevertheless the legal issues might cause some car clubs to stop holding these events, at least in Illinois. I think it's obvious though that the paragraph is meant to discourage a reenactment of the movie "Cannonball Run".

Mark J Michalak

Hi Rick,
I've organised many TSD Rallies for our Club, and would say that the definitions of street racing as quoted do not apply to a TSD Rally. In a TSD Rally, the set average speeds are always below the legal speed limits. Futhermore, two cars are not racing each other, just maintainig a set average speed over a specified distance. Hence, the TSD Rally is sometimes referred to as a Regularity Event.
Now stage rallying is a very different event. But here again, two cars are not racing each other, just trying to attain a set time over the same distance, just that the set time is unattainable!
Good luck in Illinois!
P. Tilbury

This thread was discussed between 03/01/2008 and 09/01/2008

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