093_HB0385enr

 
HB0385 Enrolled                      LRB093 04395 LCB 04445 b

 1        AN ACT concerning 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 Section 11-907 as follows:

 6        (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
 7        (Text of Section before amendment by P.A. 92-872)
 8        Sec.  11-907.  Operation  of  vehicles  and streetcars on
 9    approach of authorized emergency vehicles.
10        (a)  Upon  the  immediate  approach  of   an   authorized
11    emergency  vehicle  making  use of audible and visual signals
12    meeting the requirements of this Code  or  a  police  vehicle
13    properly  and  lawfully  making  use  of an audible or visual
14    signal,
15             (1)  the driver of every other vehicle  shall  yield
16        the   right-of-way  and  shall  immediately  drive  to  a
17        position parallel to, and as close as  possible  to,  the
18        right-hand  edge  or  curb  of  the  highway clear of any
19        intersection and shall, if necessary to permit  the  safe
20        passage of the emergency vehicle, stop and remain in such
21        position  until  the  authorized  emergency  vehicle  has
22        passed, unless otherwise directed by a police officer and
23             (2) the    operator   of   every   streetcar   shall
24        immediately stop such car clear of any  intersection  and
25        keep  it  in such position until the authorized emergency
26        vehicle has passed, unless otherwise directed by a police
27        officer.
28        (b)  This Section shall not operate to relieve the driver
29    of an authorized emergency vehicle from  the  duty  to  drive
30    with  due  regard  for  the  safety  of all persons using the
31    highway.
 
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 1        (c)  Upon approaching a stationary  authorized  emergency
 2    vehicle,  when  the  authorized emergency vehicle is giving a
 3    signal by displaying alternately flashing red, red and white,
 4    blue, or red and blue  lights  or  amber  or  yellow  warning
 5    lights, a person who drives an approaching vehicle shall:
 6             (1)  proceeding   with   due   caution,   yield  the
 7        right-of-way by making a lane  change  into  a  lane  not
 8        adjacent  to that of the authorized emergency vehicle, if
 9        possible  with  due  regard   to   safety   and   traffic
10        conditions,  if on a highway having at least 4 lanes with
11        not less than 2 lanes proceeding in the same direction as
12        the approaching vehicle; or
13             (2)  proceeding with due caution, reduce  the  speed
14        of  the  vehicle,  maintaining  a  safe  speed  for  road
15        conditions,  if  changing  lanes  would  be impossible or
16        unsafe.
17        As used in this  subsection  (c),  "authorized  emergency
18    vehicle"  includes  any  vehicle  authorized  by  law  to  be
19    equipped with oscillating, rotating, or flashing lights under
20    Section  12-215  of this Code, while the owner or operator of
21    the vehicle is engaged in his or her official duties.
22        (d)  A person who violates subsection (c) of this Section
23    commits a business offense punishable by a fine of  not  less
24    than  $100  or  more  than  $10,000.    It  is  a  factor  in
25    aggravation  if  the  person  committed  the offense while in
26    violation of Section 11-501 of this Code.
27        (e)  If a violation of subsection  (c)  of  this  Section
28    results  in  damage  to  the  property  of another person, in
29    addition to any other penalty imposed, the  person's  driving
30    privileges  shall be suspended for a fixed period of not less
31    than 90 days and not more than one year.
32        (f)  If a violation of subsection  (c)  of  this  Section
33    results in injury to another person, in addition to any other
34    penalty  imposed,  the  person's  driving privileges shall be
 
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 1    suspended for a fixed period of not less than  180  days  and
 2    not more than 2 years.
 3        (g)  If  a  violation  of  subsection (c) of this Section
 4    results in the death of another person, in  addition  to  any
 5    other  penalty imposed, the person's driving privileges shall
 6    be suspended for 2 years.
 7        (h)  The Secretary  of  State  shall,  upon  receiving  a
 8    record   of   a  judgment  entered  against  a  person  under
 9    subsection (c) of this Section:
10             (1)  suspend the person's driving privileges for the
11        mandatory period; or
12             (2)  extend the period of an existing suspension  by
13        the appropriate mandatory period.
14    (Source: P.A. 92-283, eff. 1-1-02.)

15        (Text of Section after amendment by P.A. 92-872)
16        Sec.  11-907.  Operation  of  vehicles  and streetcars on
17    approach of authorized emergency vehicles.
18        (a)  Upon  the  immediate  approach  of   an   authorized
19    emergency  vehicle  making  use of audible and visual signals
20    meeting the requirements of this Code  or  a  police  vehicle
21    properly  and  lawfully  making  use  of an audible or visual
22    signal,
23             (1)  the driver of every other vehicle  shall  yield
24        the   right-of-way  and  shall  immediately  drive  to  a
25        position parallel to, and as close as  possible  to,  the
26        right-hand  edge  or  curb  of  the  highway clear of any
27        intersection and shall, if necessary to permit  the  safe
28        passage of the emergency vehicle, stop and remain in such
29        position  until  the  authorized  emergency  vehicle  has
30        passed, unless otherwise directed by a police officer and
31             (2) the    operator   of   every   streetcar   shall
32        immediately stop such car clear of any  intersection  and
33        keep  it  in such position until the authorized emergency
34        vehicle has passed, unless otherwise directed by a police
 
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 1        officer.
 2        (b)  This Section shall not operate to relieve the driver
 3    of an authorized emergency vehicle from  the  duty  to  drive
 4    with  due  regard  for  the  safety  of all persons using the
 5    highway.
 6        (c)  Upon approaching a stationary  authorized  emergency
 7    vehicle,  when  the  authorized emergency vehicle is giving a
 8    signal by displaying alternately flashing red, red and white,
 9    blue, or red and blue  lights  or  amber  or  yellow  warning
10    lights, a person who drives an approaching vehicle shall:
11             (1)  proceeding   with   due   caution,   yield  the
12        right-of-way by making a lane  change  into  a  lane  not
13        adjacent  to that of the authorized emergency vehicle, if
14        possible  with  due  regard   to   safety   and   traffic
15        conditions,  if on a highway having at least 4 lanes with
16        not less than 2 lanes proceeding in the same direction as
17        the approaching vehicle; or
18             (2)  proceeding with due caution, reduce  the  speed
19        of  the  vehicle,  maintaining  a  safe  speed  for  road
20        conditions,  if  changing  lanes  would  be impossible or
21        unsafe.
22        As used in this  subsection  (c),  "authorized  emergency
23    vehicle"  includes  any  vehicle  authorized  by  law  to  be
24    equipped with oscillating, rotating, or flashing lights under
25    Section  12-215  of this Code, while the owner or operator of
26    the vehicle is engaged in his or her official duties.
27        (d)  A person who violates subsection (c) of this Section
28    commits a business offense punishable by a fine of  not  less
29    than  $100  or  more than $10,000.  A person charged with the
30    offense must appear in court to answer the charges.  It is  a
31    factor  in  aggravation  if  the person committed the offense
32    while in violation of Section 11-501 of this Code.
33        (e)  If a violation of subsection  (c)  of  this  Section
34    results  in  damage  to  the  property  of another person, in
 
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 1    addition to any other penalty imposed, the  person's  driving
 2    privileges  shall be suspended for a fixed period of not less
 3    than 90 days and not more than one year.
 4        (f)  If a violation of subsection  (c)  of  this  Section
 5    results in injury to another person, in addition to any other
 6    penalty  imposed,  the  person's  driving privileges shall be
 7    suspended for a fixed period of not less than  180  days  and
 8    not more than 2 years.
 9        (g)  If  a  violation  of  subsection (c) of this Section
10    results in the death of another person, in  addition  to  any
11    other  penalty imposed, the person's driving privileges shall
12    be suspended for 2 years.
13        (h)  The Secretary  of  State  shall,  upon  receiving  a
14    record   of   a  judgment  entered  against  a  person  under
15    subsection (c) of this Section:
16             (1)  suspend the person's driving privileges for the
17        mandatory period; or
18             (2)  extend the period of an existing suspension  by
19        the appropriate mandatory period.
20    (Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.