Illinois General Assembly - Full Text of SB1496
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Full Text of SB1496  101st General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-305 and 11-908 as follows:
6    (625 ILCS 5/11-305)  (from Ch. 95 1/2, par. 11-305)
7    Sec. 11-305. Obedience to and required traffic-control
8devices.     (a) The driver of any vehicle shall obey the
9instructions of any official traffic-control device applicable
10thereto placed or held in accordance with the provisions of
11this Act, unless otherwise directed by a police officer,
12subject to the exceptions granted the driver of an authorized
13emergency vehicle in this Act.
14    (b) It is unlawful for any person to leave the roadway and
15travel across private property to avoid an official traffic
16control device.
17    (c) No provision of this Act for which official
18traffic-control devices are required shall be enforced against
19an alleged violator if at the time and place of the alleged
20violation an official device is not in proper position and
21sufficiently legible to be seen by an ordinarily observant
22person. Whenever a particular section does not state that
23official traffic-control devices are required, such section



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1shall be effective even though no devices are erected or in
3    (d) Whenever any official traffic-control device is placed
4or held in position approximately conforming to the
5requirements of this Act and purports to conform to the lawful
6requirements pertaining to such device, such device shall be
7presumed to have been so placed or held by the official act or
8direction of lawful authority, and comply with the requirements
9of this Act, unless the contrary shall be established by
10competent evidence.
11    (e) The driver of a vehicle approaching a traffic control
12signal on which no signal light facing such vehicle is
13illuminated shall stop before entering the intersection in
14accordance with rules applicable in making a stop at a stop
16    (f) Any violation of subsection (a) that occurs within a
17designated highway construction zone or maintenance zone shall
18result in a fine of no less than $100 and no more than $1,000.
19(Source: P.A. 84-873.)
20    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
21    Sec. 11-908. Vehicle approaching or entering a highway
22construction or maintenance area or zone.
23    (a) The driver of a vehicle shall yield the right-of-way to
24any authorized vehicle or pedestrian actually engaged in work
25upon a highway within any highway construction or maintenance



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1area indicated by official traffic-control devices.
2    (a-1) Upon entering a construction or maintenance zone when
3workers are present, a person who drives a vehicle shall:
4        (1) proceeding with due caution, make a lane change
5    into a lane not adjacent to that of the workers present, if
6    possible with due regard to safety and traffic conditions,
7    if on a highway having at least 4 lanes with not less than
8    2 lanes proceeding in the same direction as the approaching
9    vehicle; or
10        (2) proceeding with due caution, reduce the speed of
11    the vehicle, maintaining a safe speed for road conditions,
12    if changing lanes would be impossible or unsafe.
13    (a-2) A person who violates subsection (a-1) of this
14Section commits a business offense punishable by a fine of not
15less than $100 and not more than $25,000 $10,000. It is a
16factor in aggravation if the person committed the offense while
17in violation of Section 11-501 of this Code.
18    (a-3) If a violation of subsection (a-1) of this Section
19results in damage to the property of another person, in
20addition to any other penalty imposed, the person's driving
21privileges shall be suspended for a fixed period of not less
22than 90 days and not more than one year.
23    (a-4) If a violation of subsection (a-1) of this Section
24results in injury to another person, in addition to any other
25penalty imposed, the person's driving privileges shall be
26suspended for a fixed period of not less than 180 days and not



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1more than 2 years.
2    (a-5) If a violation of subsection (a-1) of this Section
3results in the death of another person, in addition to any
4other penalty imposed, the person's driving privileges shall be
5suspended for 2 years.
6    (a-6) The Secretary of State shall, upon receiving a record
7of a judgment entered against a person under subsection (a-1)
8of this Section:
9        (1) suspend the person's driving privileges for the
10    mandatory period; or
11        (2) extend the period of an existing suspension by the
12    appropriate mandatory period.
13    (b) The driver of a vehicle shall yield the right-of-way to
14any authorized vehicle obviously and actually engaged in work
15upon a highway whenever the vehicle engaged in construction or
16maintenance work displays flashing lights as provided in
17Section 12-215 of this Act.
18    (c) The driver of a vehicle shall stop if signaled to do so
19by a flagger or a traffic control signal and remain in such
20position until signaled to proceed. If a driver of a vehicle
21fails to stop when signaled to do so by a flagger, the flagger
22is authorized to report such offense to the State's Attorney or
23authorized prosecutor. The penalties imposed for a violation of
24this subsection (c) shall be in addition to any penalties
25imposed for a violation of subsection (a-1).
26(Source: P.A. 100-201, eff. 8-18-17.)