093_SB1093eng

 
SB1093 Engrossed                     LRB093 10543 DRH 10797 b

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 11-1414, 12-215, and 12-805 as follows:

 6        (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
 7        Sec.  11-1414.   Approaching,  overtaking,  and   passing
 8    school bus.
 9        (a)  The  driver  of  a  vehicle  shall stop such vehicle
10    before meeting or  overtaking,  from  either  direction,  any
11    school   bus   stopped   for  the  purpose  of  receiving  or
12    discharging pupils on a  highway,  on  a  roadway  on  school
13    property,  or  upon  a  private  road  within an area that is
14    covered by a  contract  or  agreement  executed  pursuant  to
15    Section  11-209.1 of this Code.  Such stop is required before
16    reaching the school bus when there is  in  operation  on  the
17    school bus the visual signals as specified in Sections 12-803
18    and  12-805 of this Code. The driver of the vehicle shall not
19    proceed until the school bus resumes motion or the driver  of
20    the  vehicle  is signaled by the school bus driver to proceed
21    or the visual signals are no longer actuated.
22        (b)  The stop signal arm required by  Section  12-803  of
23    this  Code shall be extended after the school bus has come to
24    a complete stop for the purpose  of  loading  or  discharging
25    pupils and shall be closed before the school bus is placed in
26    motion  again.   The stop signal arm shall not be extended at
27    any other time.
28        (c)  The alternately flashing  red  signal  lamps  of  an
29    8-lamp  flashing  signal system required by Section 12-805 of
30    this Code shall be actuated after the school bus has come  to
31    a  complete  stop  for  the purpose of loading or discharging
 
SB1093 Engrossed            -2-      LRB093 10543 DRH 10797 b
 1    pupils and shall be turned  off  before  the  school  bus  is
 2    placed  in  motion  again.  The red signal lamps shall not be
 3    actuated at any other time except as  provided  in  paragraph
 4    (d) of this Section.
 5        (d)  The  alternately  flashing  amber signal lamps of an
 6    8-lamp flashing signal system  required by Section 12-805  of
 7    this Code shall be actuated continuously during not less than
 8    the  last 100 feet traveled by the school bus before stopping
 9    for the purpose of loading or discharging  pupils  within  an
10    urban  area  and  during  not  less  than  the  last 200 feet
11    traveled by the school bus outside an urban area.  The  amber
12    signal  lamps  shall  remain actuated until the school bus is
13    stopped. The amber signal lamps shall not be actuated at  any
14    other time.
15        (d-5)  The  alternately  flashing head lamps permitted by
16    Section 12-805  of  this  Code  may  be  operated  while  the
17    alternately  flashing  red  or amber signal lamps required by
18    that Section are actuated.
19        (e)  The driver of a vehicle upon a highway having  4  or
20    more  lanes  which  permits  at  least  2 lanes of traffic to
21    travel in opposite directions need not stop such vehicle upon
22    meeting a  school  bus  which  is  stopped  in  the  opposing
23    roadway;  and  need not stop such vehicle when driving upon a
24    controlled access highway when passing a school bus traveling
25    in either  direction  that  is  stopped  in  a  loading  zone
26    adjacent  to  the surfaced or improved part of the controlled
27    access highway where pedestrians are not permitted to cross.
28        (f)  Beginning with the effective date of this amendatory
29    Act of 1985, the Secretary  of  State  shall  suspend  for  a
30    period  of  3  months  the  driving  privileges of any person
31    convicted of a violation of subsection (a) of this Section or
32    a similar provision of a local ordinance; the Secretary shall
33    suspend for a period of one year the  driving  privileges  of
34    any  person  convicted of a second or subsequent violation of
 
SB1093 Engrossed            -3-      LRB093 10543 DRH 10797 b
 1    subsection (a) of this Section or a similar  provision  of  a
 2    local  ordinance if the second or subsequent violation occurs
 3    within 5 years of a prior conviction for the same offense. In
 4    addition to the suspensions authorized by this  Section,  any
 5    person  convicted  of  violating  this  Section  or a similar
 6    provision  of  a  local  ordinance  shall  be  subject  to  a
 7    mandatory fine of  $150  or,  upon  a  second  or  subsequent
 8    violation,  $500.  The  Secretary  may  also  grant,  for the
 9    duration of any suspension issued under  this  subsection,  a
10    restricted driving permit granting the privilege of driving a
11    motor  vehicle  between  the  driver's residence and place of
12    employment or within other proper limits that  the  Secretary
13    of  State shall find necessary to avoid any undue hardship. A
14    restricted driving permit issued hereunder shall  be  subject
15    to  cancellation,  revocation and suspension by the Secretary
16    of State in like manner and for  like  cause  as  a  driver's
17    license may be cancelled, revoked or suspended; except that a
18    conviction   upon  one  or  more  offenses  against  laws  or
19    ordinances regulating the movement of traffic shall be deemed
20    sufficient  cause   for   the   revocation,   suspension   or
21    cancellation  of the restricted driving permit. The Secretary
22    of State may, as a condition to the issuance of a  restricted
23    driving  permit,  require  the  applicant to participate in a
24    designated driver remedial  or  rehabilitative  program.  Any
25    conviction  for  a  violation  of  this  subsection  shall be
26    included as  an  offense  for  the  purposes  of  determining
27    suspension  action  under  any  other provision of this Code,
28    provided however, that  the  penalties  provided  under  this
29    subsection  shall  be  imposed unless those penalties imposed
30    under other applicable provisions are greater.
31        The  owner  of  any  vehicle  alleged  to  have  violated
32    paragraph (a) of this Section shall, upon appropriate  demand
33    by the State's Attorney or other authorized prosecutor acting
34    in   response  to  a  signed  complaint,  provide  a  written
 
SB1093 Engrossed            -4-      LRB093 10543 DRH 10797 b
 1    statement or  deposition  identifying  the  operator  of  the
 2    vehicle if such operator was not the owner at the time of the
 3    alleged  violation.  Failure to supply such information shall
 4    be construed to be the same as a violation of  paragraph  (a)
 5    and  shall  be subject to the same penalties herein provided.
 6    In the event the owner has assigned control for  the  use  of
 7    the  vehicle  to  another,  the  person  to  whom control was
 8    assigned shall comply with the provisions of  this  paragraph
 9    and be subject to the same penalties as herein provided.
10    (Source: P.A. 91-260, eff. 1-1-00.)

11        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
12        Sec. 12-215.  Oscillating, rotating or flashing lights on
13    motor vehicles. Except as otherwise provided in this Code:
14        (a)  The  use  of  red  or white oscillating, rotating or
15    flashing lights, whether lighted or unlighted, is  prohibited
16    except on:
17             1.  Law  enforcement  vehicles  of State, Federal or
18        local authorities;
19             2.  A vehicle operated by a police officer or county
20        coroner   and   designated   or   authorized   by   local
21        authorities, in writing, as a  law  enforcement  vehicle;
22        however,   such  designation  or  authorization  must  be
23        carried in the vehicle;
24             3.  Vehicles of local fire departments and State  or
25        federal firefighting vehicles;
26             4.  Vehicles which are designed and used exclusively
27        as  ambulances  or  rescue  vehicles;  furthermore,  such
28        lights  shall not be lighted except when responding to an
29        emergency call for and while actually conveying the  sick
30        or injured;
31             5.  Tow  trucks  licensed  in  a state that requires
32        such  lights;  furthermore,  such  lights  shall  not  be
33        lighted on any such tow truck  while  the  tow  truck  is
 
SB1093 Engrossed            -5-      LRB093 10543 DRH 10797 b
 1        operating in the State of Illinois;
 2             6.  Vehicles  of  the  Illinois Emergency Management
 3        Agency, and vehicles of the Department of Nuclear Safety;
 4        and
 5             7.  Vehicles operated by a local or county emergency
 6        management services agency as  defined  in  the  Illinois
 7        Emergency Management Agency Act; and.
 8             8.  School buses operating alternately flashing head
 9        lamps as permitted under Section 12-805 of this Code.
10        (b)  The  use  of amber oscillating, rotating or flashing
11    lights, whether lighted or unlighted,  is  prohibited  except
12    on:
13             1.  Second  division  vehicles designed and used for
14        towing or hoisting  vehicles;  furthermore,  such  lights
15        shall not be lighted except as required in this paragraph
16        1;  such  lights  shall be lighted when such vehicles are
17        actually being used  at  the  scene  of  an  accident  or
18        disablement;  if  the  towing  vehicle is equipped with a
19        flat bed that supports all wheels of  the  vehicle  being
20        transported,  the  lights  shall not be lighted while the
21        vehicle is engaged in towing on a highway; if the  towing
22        vehicle is not equipped with a flat bed that supports all
23        wheels  of  a vehicle being transported, the lights shall
24        be lighted while the towing vehicle is engaged in  towing
25        on  a highway during all times when the use of headlights
26        is required under Section 12-201 of this Code;
27             2.  Motor vehicles or  equipment  of  the  State  of
28        Illinois, local authorities and contractors; furthermore,
29        such  lights  shall  not  be  lighted  except  while such
30        vehicles  are  engaged  in  maintenance  or  construction
31        operations within the limits of construction projects;
32             3.  Vehicles or equipment  used  by  engineering  or
33        survey  crews;  furthermore,  such  lights  shall  not be
34        lighted except while such vehicles are  actually  engaged
 
SB1093 Engrossed            -6-      LRB093 10543 DRH 10797 b
 1        in work on a highway;
 2             4.  Vehicles of public utilities, municipalities, or
 3        other  construction,  maintenance  or  automotive service
 4        vehicles except that such lights shall be lighted only as
 5        a means  for  indicating  the  presence  of  a  vehicular
 6        traffic  hazard  requiring  unusual  care in approaching,
 7        overtaking or passing while such vehicles are engaged  in
 8        maintenance, service or construction on a highway;
 9             5.  Oversized  vehicle or load; however, such lights
10        shall only be lighted when moving under permit issued  by
11        the Department under Section 15-301 of this Code;
12             6.  The  front and rear of motorized equipment owned
13        and operated by the State of Illinois  or  any  political
14        subdivision  thereof,  which  is  designed  and  used for
15        removal of snow and ice from highways;
16             7.  Fleet  safety  vehicles  registered  in  another
17        state, furthermore, such  lights  shall  not  be  lighted
18        except as provided for in Section 12-212 of this Code;
19             8.  Such  other  vehicles  as  may  be authorized by
20        local authorities;
21             9.  Law  enforcement  vehicles  of  State  or  local
22        authorities   when   used   in   combination   with   red
23        oscillating, rotating or flashing lights;
24             9.5.  Propane delivery trucks;
25             10.  Vehicles used for collecting or delivering mail
26        for the United States Postal Service provided  that  such
27        lights shall not be lighted except when such vehicles are
28        actually being used for such purposes;
29             11.  Any  vehicle  displaying  a slow-moving vehicle
30        emblem as provided in Section 12-205.1;
31             12.  All trucks  equipped  with  self-compactors  or
32        roll-off  hoists  and  roll-on  containers for garbage or
33        refuse hauling.  Such lights shall not be lighted  except
34        when  such  vehicles  are  actually  being  used for such
 
SB1093 Engrossed            -7-      LRB093 10543 DRH 10797 b
 1        purposes;
 2             13.  Vehicles used  by  a  security  company,  alarm
 3        responder, or control agency;
 4             14.  Security  vehicles  of  the Department of Human
 5        Services; however, the lights shall not be lighted except
 6        when being used for security related purposes  under  the
 7        direction of the superintendent of the facility where the
 8        vehicle is located; and
 9             15.  Vehicles  of union representatives, except that
10        the lights shall be lighted only  while  the  vehicle  is
11        within the limits of a construction project.
12        (c)  The  use  of  blue oscillating, rotating or flashing
13    lights, whether lighted or unlighted,  is  prohibited  except
14    on:
15             1.  Rescue  squad  vehicles  not  owned  by  a  fire
16        department and vehicles owned or fully operated by a:
17                  voluntary firefighter;
18                  paid firefighter;
19                  part-paid firefighter;
20                  call firefighter;
21                  member  of  the  board  of  trustees  of a fire
22             protection district;
23                  paid or unpaid member of a rescue squad;
24                  paid or unpaid member of a voluntary  ambulance
25             unit; or
26                  paid  or  unpaid  members  of a local or county
27             emergency management services agency as  defined  in
28             the   Illinois   Emergency  Management  Agency  Act,
29             designated or authorized by  local  authorities,  in
30             writing,    and   carrying   that   designation   or
31             authorization in the vehicle.
32             However, such lights are not to  be  lighted  except
33        when responding to a bona fide emergency.
34             2.  Police  department  vehicles  in cities having a
 
SB1093 Engrossed            -8-      LRB093 10543 DRH 10797 b
 1        population of 500,000 or more inhabitants.
 2             3.  Law  enforcement  vehicles  of  State  or  local
 3        authorities   when   used   in   combination   with   red
 4        oscillating, rotating or flashing lights.
 5             4.  Vehicles of local fire departments and State  or
 6        federal  firefighting  vehicles  when used in combination
 7        with red oscillating, rotating or flashing lights.
 8             5.  Vehicles which are designed and used exclusively
 9        as ambulances or rescue vehicles when used in combination
10        with  red  oscillating,  rotating  or  flashing   lights;
11        furthermore, such lights shall not be lighted except when
12        responding to an emergency call.
13             6.  Vehicles  that are equipped and used exclusively
14        as organ transport vehicles when used in combination with
15        red   oscillating,   rotating,   or   flashing    lights;
16        furthermore,  these lights shall only be lighted when the
17        transportation is declared an emergency by  a  member  of
18        the  transplant  team  or  a  representative of the organ
19        procurement organization.
20             7.  Vehicles of the  Illinois  Emergency  Management
21        Agency  and vehicles of the Department of Nuclear Safety,
22        when used in combination with red oscillating,  rotating,
23        or flashing lights.
24             8.  Vehicles operated by a local or county emergency
25        management  services  agency  as  defined in the Illinois
26        Emergency Management Agency Act, when used in combination
27        with red oscillating, rotating, or flashing lights.
28        (c-1)  In addition to the blue oscillating, rotating,  or
29    flashing   lights   permitted   under   subsection  (c),  and
30    notwithstanding subsection  (a),  a  vehicle  operated  by  a
31    voluntary  firefighter, a voluntary member of a rescue squad,
32    or a member of a voluntary ambulance  unit  may  be  equipped
33    with  flashing  white headlights and blue grill lights, which
34    may be used only in responding to an emergency call.
 
SB1093 Engrossed            -9-      LRB093 10543 DRH 10797 b
 1        (c-2)  In addition to the blue oscillating, rotating,  or
 2    flashing   lights   permitted   under   subsection  (c),  and
 3    notwithstanding subsection (a), a vehicle operated by a  paid
 4    or  unpaid  member  of a local or county emergency management
 5    services  agency  as  defined  in  the   Illinois   Emergency
 6    Management   Agency   Act,   may   be   equipped  with  white
 7    oscillating, rotating, or  flashing  lights  to  be  used  in
 8    combination  with  blue  oscillating,  rotating,  or flashing
 9    lights, if authorization by local authorities is  in  writing
10    and carried in the vehicle.
11        (d)  The   use  of  a  combination  of  amber  and  white
12    oscillating, rotating or flashing lights, whether lighted  or
13    unlighted,  is  prohibited except motor vehicles or equipment
14    of the State of Illinois, local authorities, contractors, and
15    union representatives may be so equipped;  furthermore,  such
16    lights  shall  not  be  lighted  on  vehicles of the State of
17    Illinois, local authorities,  and  contractors  except  while
18    such   vehicles   are   engaged  in  highway  maintenance  or
19    construction  operations  within  the   limits   of   highway
20    construction  projects,  and  shall  not  be  lighted  on the
21    vehicles of union representatives except when those  vehicles
22    are within the limits of a construction project.
23        (e)  All   oscillating,   rotating   or  flashing  lights
24    referred to in this Section shall be of sufficient intensity,
25    when illuminated,  to  be  visible  at  500  feet  in  normal
26    sunlight.
27        (f)  Nothing   in   this   Section   shall   prohibit   a
28    manufacturer  of  oscillating, rotating or flashing lights or
29    his representative from temporarily mounting such lights on a
30    vehicle for demonstration purposes only.
31        (g)  Any person violating the provisions  of  subsections
32    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
33    authority stops or detains or  attempts  to  stop  or  detain
34    another person shall be guilty of a Class 4 felony.
 
SB1093 Engrossed            -10-     LRB093 10543 DRH 10797 b
 1        (h)  Except  as  provided  in  subsection  (g) above, any
 2    person violating the provisions of subsections (a) or (c)  of
 3    this Section shall be guilty of a Class A misdemeanor.
 4    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
 5    92-407, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-782,  eff.
 6    8-6-02;  92-820,  eff.  8-21-02; 92-872, eff. 6-1-03; revised
 7    1-10-03.)

 8        (625 ILCS 5/12-805) (from Ch. 95 1/2, par. 12-805)
 9        Sec. 12-805. Special lighting equipment.
10        Each school bus purchased as a new vehicle after December
11    31, 1975 shall be equipped with  an  8-lamp  flashing  signal
12    system. Until December 31, 1978, all other school buses shall
13    be equipped with either a 4-lamp or an 8-lamp flashing signal
14    system.   After  December 31, 1978, all school buses shall be
15    equipped with an 8-lamp flashing signal system.
16        A 4-lamp flashing signal system shall have 2  alternately
17    flashing  red  lamps  mounted  as  high  and as widely spaced
18    laterally on the same level as practicable at  the  front  of
19    the school bus and 2 such lamps mounted in the same manner at
20    the rear.
21        An  8-lamp flashing signal system shall have, in addition
22    to a 4-lamp system, 4 alternately flashing amber lamps.  Each
23    amber  lamp  shall  be  mounted next to a red lamp and at the
24    same level but closer to the centerline of the school bus.
25        Each signal lamp shall be a sealed beam at  least  5  1/2
26    inches  in diameter and shall have sufficient intensity to be
27    visible at 500 feet in normal sunlight. Both the  4-lamp  and
28    8-lamp  system  shall  be  actuated only by means of a manual
29    switch. There shall be a device for indicating to the  driver
30    that the system is operating properly or is inoperative.
31        A  school  bus  may  also  be  equipped  with alternately
32    flashing head lamps, which may  be  operated  in  conjunction
33    with the 8-lamp flashing signal system.
 
SB1093 Engrossed            -11-     LRB093 10543 DRH 10797 b
 1    (Source: P.A. 79-1400.)