Full Text of HB0795 96th General Assembly
HB0795eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation, which may be referred to | 2 |
| as Bachman's Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 6 |
| Section 11-205 as follows:
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| (625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
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| Sec. 11-205. Public officers and employees to obey | 9 |
| Act-Exceptions.
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| (a) The provisions of this Chapter applicable to the | 11 |
| drivers of vehicles
upon the highways shall apply to the | 12 |
| drivers of all vehicles owned or
operated by the United States, | 13 |
| this State or any county, city, town,
district or any other | 14 |
| political subdivision of the State, except as
provided in this | 15 |
| Section and subject to such specific exceptions as set
forth in | 16 |
| this Chapter with reference to authorized emergency vehicles.
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| (b) The driver of an authorized emergency vehicle, when | 18 |
| responding to an
emergency call or when in the pursuit of an | 19 |
| actual or suspected violator of
the law or when responding to | 20 |
| but not upon returning from a fire alarm, may
exercise the | 21 |
| privileges set forth in this Section, but subject to the
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| conditions herein stated.
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| (c) The driver of an authorized emergency vehicle may:
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| 1. Park or stand, irrespective of the provisions of | 2 |
| this Chapter;
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| 2. Proceed past a red or stop signal or stop sign, but | 4 |
| only after
slowing down as may be required and necessary | 5 |
| for safe operation;
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| 3. Exceed the maximum speed limits so long as he does | 7 |
| not endanger life
or property;
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| 4. Disregard regulations governing direction of | 9 |
| movement or turning in
specified directions.
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| (d) The
exceptions herein granted to an authorized | 11 |
| emergency vehicle ,
other than a police vehicle, shall apply | 12 |
| only when the vehicle is making
use of either an audible signal | 13 |
| when in motion or visual signals meeting
the requirements of | 14 |
| Section 12-215 of this Act. Audible signals shall be used to | 15 |
| warn
pedestrians and other drivers of its approach.
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| (d-5) The driver of a police vehicle must: | 17 |
| 1. activate oscillating, rotating, or flashing
lights | 18 |
| at all times during an
emergency response when the maximum | 19 |
| speed limit or other traffic
regulations are disregarded in | 20 |
| accordance with subsection (c). | 21 |
| 2. use sirens to warn pedestrians and other
persons of | 22 |
| his or her approach during an emergency response
situation; | 23 |
| and when the maximum speed limit or other traffic
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| regulations are disregarded in accordance with subsection | 25 |
| (c). | 26 |
| 3. drive with due regard for the safety of other
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| persons and exercise due care when operating a police
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| vehicle. | 3 |
| The driver of a police vehicle may use a
covert approach | 4 |
| during an emergency response situation when the
situation | 5 |
| dictates such covert approach, but
must comply with all
traffic | 6 |
| laws if not utilizing lights and sirens as required by this | 7 |
| Act. | 8 |
| For the purposes of this subsection (d-5): | 9 |
| "Emergency response situation" means an incident or | 10 |
| call in which the
responding officer reasonably believes | 11 |
| that the
probability of death, personal injury, or the | 12 |
| apprehension
of suspected offenders exists and a rapid | 13 |
| response by a law
enforcement officer will reduce the | 14 |
| seriousness of the
incident. | 15 |
| (e) The foregoing provisions do not relieve the driver of | 16 |
| an authorized
emergency vehicle from the duty of driving with | 17 |
| due regard for the safety
of all persons, nor do such | 18 |
| provisions protect the driver from the
consequences of his | 19 |
| reckless disregard for the safety of others.
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| (f) Unless specifically made applicable, the provisions
of | 21 |
| this Chapter, except those contained in
Section 11-204 and | 22 |
| Articles IV and V of this Chapter, shall not
apply to persons, | 23 |
| motor vehicles and equipment while
actually engaged in work | 24 |
| upon a highway but shall
apply to such persons and vehicles | 25 |
| when traveling to or from such work.
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| (Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97 .)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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