Public Act 93-0181

SB1093 Enrolled                      LRB093 10543 DRH 10797 b

    AN ACT in relation to vehicles.

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

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

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

    (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
    Sec. 12-215.  Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
    (a)  The  use  of  red  or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is  prohibited
except on:
         1.  Law  enforcement  vehicles  of State, Federal or
    local authorities;
         2.  A vehicle operated by a police officer or county
    coroner   and   designated   or   authorized   by   local
    authorities, in writing, as a  law  enforcement  vehicle;
    however,   such  designation  or  authorization  must  be
    carried in the vehicle;
         3.  Vehicles of local fire departments and State  or
    federal firefighting vehicles;
         4.  Vehicles which are designed and used exclusively
    as  ambulances  or  rescue  vehicles;  furthermore,  such
    lights  shall not be lighted except when responding to an
    emergency call for and while actually conveying the  sick
    or injured;
         5.  Tow  trucks  licensed  in  a state that requires
    such  lights;  furthermore,  such  lights  shall  not  be
    lighted on any such tow truck  while  the  tow  truck  is



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

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

Effective Date: 1/1/2004