Section 549.100  Introduction

 

a)         This Part has been developed in accordance with the Roadside Memorial Act [605 ILCS 125] to regulate the use, by the Illinois Department of Transportation, of DUI memorial markers, fatal accident memorial markers and associated commemorative plaques along streets and highways under the jurisdiction of the Department.  This Part establishes standards and financial responsibility for a program of placing markers and plaques at locations under the jurisdiction of the Department.  The DUI memorial marker program became effective on January 1, 2008.  The fatal accident memorial marker program became effective on January 1, 2011.

 

b)         This program does not apply to freeways within the State of Illinois that are under the jurisdiction of the Department.

 

(Source:  Amended at 36 Ill. Reg. 2402, effective January 24, 2012)

 

Section 549.200  Definitions

 

The following words or phrases, when used in this Part, shall have the meanings ascribed to them in this Section.

 

"Act" – the Roadside Memorial Act [605 ILCS 125].

 

"Department" – the Illinois Department of Transportation, with central offices at 2300 South Dirksen Parkway, Springfield, Illinois 62764.

 

"DUI Memorial Commemorative Plaque" – a rectangular sign, placed beneath  a DUI memorial marker, displaying the name of a victim who died as a proximate result of a crash caused by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of these substances, along with the date of the crash.

 

"DUI Memorial Marker" – a sign on a highway in the state of Illinois commemorating one or more persons who died as a proximate result of a crash caused by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of these substances and displaying the words "Don't Drive Under the Influence" on a DUI Memorial Marker erected on or after July 1, 2021 or "Please Don't Drink and Drive" on a DUI Memorial Marker erected before July 1, 2021. (See Sections 10 and 20(a) of the Act.)

 

"Entrance Ramp" – a lane entering the main traveled way of a freeway providing access between the freeway and the crossroad at an interchange.

 

"Fatal Accident Memorial Commemorative Plaque" – a rectangular sign, placed beneath a fatal accident memorial marker, displaying the name of a victim who died as a proximate result of a crash caused by a driver who committed an act of reckless homicide in violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 or 2012 [720 ILCS 5/9-3 or 9-3.2] or who otherwise caused the death of one or more persons through the operation of a motor vehicle, along with the date of the crash.

 

"Fatal Accident Memorial Marker" − a sign on a highway in the State of Illinois commemorating one or more persons who died as a proximate result of a crash caused by a driver who committed an act of reckless homicide in violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 or 2012 or who otherwise caused the death of one or more persons through the operation of a motor vehicle and displaying the words "Reckless Driving Costs Lives" or "Drive With Care".  (See Sections 23.1(b) and 23.1(d) of the Act.)

 

"Freeway" – a divided highway for through traffic, other than one under the jurisdiction of the Illinois State Toll Highway Authority, with full control of access and grade separations at all crossroads.

 

"Interchange" – a system of interconnecting ramps providing for the movement of traffic between two roadways on different levels.

 

"Qualified Relative" – an immediate relative of the deceased, by marriage, blood or adoption, such as his or her spouse, son, daughter, mother, father, sister or brother; a stepmother, stepfather, stepbrother or stepsister of the deceased; or a person with whom the deceased was in a domestic partnership or civil union as recognized by a State or local law or ordinance.  (Section 10 of the Act)

 

(Source:  Amended at 46 Ill. Reg. 1627, effective January 6, 2022)

 

Section 549.300  Criteria for DUI Memorial Markers, Fatal Accident Memorial Markers, and Commemorative Plaques

 

a)         Only a qualified relative of a deceased victim may request a DUI or fatal accident memorial marker of the Department.  (See Section 15(a) of the Act.)

 

b)         The Department shall deny the request if any qualified relative of any decedent involved in the crash objects in writing to the placement of the DUI or fatal accident memorial marker.  (See Section 15(c) of the Act.)

 

c)         The Department shall deny the request or, if a DUI or fatal accident memorial marker has already been installed, may remove the marker, if the qualified relative requesting the memorial marker has provided false or misleading information in the application.  (See Section 15(d) of the Act)

 

d)         The qualified relative shall agree not to place or encourage the placement of flowers, pictures or other items at the crash site.  (Section 15(e) of the Act)

 

e)         The Department shall not erect a DUI or fatal accident memorial marker for a deceased driver involved in a fatal crash who is shown by toxicology reports to have been in violation of state DUI law, unless the qualified relative of any other victim or victims killed in the crash consents in writing to the erection of the memorial.  (See Section 15(f) of the Act)

 

f)         When requested and approved, DUI memorial markers and fatal accident memorial markers may be installed for any crash occurring on or after January 1, 1990.  (See Section 15(b) of the Act.)

 

g)         DUI or fatal accident memorial markers shall not be installed on freeways except that they may be installed on ramps leading from other highways to freeways. 

 

h)         DUI or fatal accident memorial markers shall not be installed within the median of any divided highway.

 

(Source:  Amended at 36 Ill. Reg. 2402, effective January 24, 2012)

 

Section 549.400  Design of DUI Memorial Markers, Fatal Accident Memorial Markers, and

Commemorative Plaques

 

a)         All DUI memorial markers shall be a standard size of 36 inches wide by 24 inches tall with white lettering on a retroreflectorized blue background. Markers erected on or after July 1, 2021 shall display the message "Don't Drive Under the Influence" and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108c. Markers erected prior to July 1, 2021 shall display the message "Please Don't Drink and Drive" and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108a.

 

b)         The fatal accident memorial marker shall be a standard size of 36 inches wide by 24 inches tall with the message "Reckless Driving Costs Lives" in white lettering on a retroreflectorized blue background and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108b if the death was caused by reckless driving. Otherwise, the fatal accident memorial marker shall be a standard size of 36 inches wide by 18 inches tall with the message "Drive With Care" in white lettering on a retroreflectorized blue background and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108d. (See Section 23.1(d) of the Act.)

 

c)         The DUI or fatal accident memorial marker may be supplemented by a commemorative plaque having a standard size of 36 inches wide by 18 inches tall mounted underneath with the message "IN MEMORY OF (Victim's Name)" and the date of the applicable crash in white lettering on a retroreflectorized blue background and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108. (See Sections 20(a) and 23.1(d) of the Act.)

 

(Source:  Amended at 46 Ill. Reg. 1627, effective January 6, 2022)

 

Section 549.500  Application, Fees and Other Regulations

 

a)         Application

 

1)         Qualifying relatives who wish to participate in the program must complete an application form (one for each victim being commemorated) and submit it to the Department.  Application forms for the placement of DUI or fatal accident memorial markers and commemorative plaques are available by writing:

 

Roadside Memorial Coordinator

Illinois Department of Transportation

Bureau of Operations

2300 South Dirksen Parkway

Springfield, Illinois 62764

 

2)         When the Department determines from the initial application that the criteria listed in this Part are met, the application will be approved and a copy returned to the qualifying relative, along with instructions concerning payment of the fee and other appropriate information.

 

b)         Fees

 

1)         Except as provided in subsection (b)(4), a one-time fee sufficient to offset the cost of the program will be charged to the qualifying relative for each DUI or fatal accident memorial marker and commemorative plaque installed by the Department.  The fees, as of January 1, 2008, will be $150 for each DUI or fatal accident memorial marker and $50 for each commemorative plaque.  A commemorative plaque cannot be installed without a DUI or fatal accident memorial marker.

 

2)         The Department will periodically adjust the fees to reflect the current cost of installing and maintaining the signs with adjustments subject to rulemaking.

 

3)         Once the fee is paid for a DUI or fatal accident memorial marker or a commemorative plaque and the marker or plaque is installed, the Department will maintain the marker or plaque for the entire 2-year period provided in Section 549.500(c)(3) without any additional cost to the qualified relative. (See Sections 20(c) and 23.1(f) of the Act.)

 

4)         Subject to appropriation, the Department will use the money in the Roadside Memorial Fund, as prescribed in Sections 27.5 and 27.6 of the Clerk of Courts Act [705 ILCS 105/27.5 and 27.6], Section 5-9-1.17 of the Unified Code of Corrections [730 ILCS 5/5-9-1.17] and in Section 20(f) of the Roadside Memorial Act [605 ILCS 125/20(f)], to pay the fees for DUI memorial markers only.  When the fees are paid from the fund, no fees will be charged to the qualifying relative.

 

c)         Placing and Maintaining Memorial Markers and Commemorative Plaques

 

1)         The DUI or fatal accident memorial markers and commemorative plaques shall only be placed by the Department.

 

2)         A DUI or fatal accident memorial marker and commemorative plaque shall be maintained for at least 2 years from the date the last person was memorialized on the plaque or, if no plaque is present, 2 years from the date the marker was erected.  (See Sections 20(c) and 23.1(f) of the Act.)

 

3)         The Department has the right to install a marker at a location other than the location of the crash or to relocate a marker due to restricted room, property owner complaints, interference with essential traffic control devices, safety concerns, or other restrictions.  In such cases, the Department may select an alternate location.  (See Sections 20(d) and 23.1(g) of the Act.)

 

4)         A DUI or fatal accident memorial marker and commemorative plaque may memorialize more than one victim who died as a result of the same crash.  If one or more additional, unrelated DUI or reckless homicide deaths subsequently occur in close proximity to an existing DUI or fatal accident memorial marker, the Department may use the same marker to memorialize the subsequent death or deaths by adding the names of the additional persons.  (See Sections 20(b) and 23.1(e) of the Act.)

 

5)         The Department shall secure the consent of any municipality before placing a DUI or fatal accident memorial marker within the corporate limits of the municipality.  (Sections 20(e) and 23.1(h)) of the Act.)

 

(Source:  Amended at 46 Ill. Reg. 1627, effective January 6, 2022)

 

Section 549.APPENDIX A   District Offices and Counties (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 1081, effective December 29, 2010)