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90_HB3449
625 ILCS 5/11-1002 from Ch. 95 1/2, par. 11-1002
625 ILCS 5/11-1003 from Ch. 95 1/2, par. 11-1003
625 ILCS 5/11-1004 from Ch. 95 1/2, par. 11-1004
Amends the "Rules of the Road" within the Vehicle Code.
Makes changes concerning pedestrians' rights and duties.
Provides that (1) a blind or visually impaired person who is
carrying a cane that is white in color, or white tipped with
red, or who is being guided by a guide dog in harness has the
right-of-way in crossing any street or highway whether or not
traffic on the street or highway is controlled by traffic
signals and (2) the driver of every vehicle approaching the
place where a person so carrying such a cane or being so
guided is crossing the street or right-of-way shall bring the
vehicle to a full stop and before proceeding shall take
proper precautions as may be necessary to avoid injury to the
blind person. Makes similar provision for a person with a
physical impairment who is using a wheelchair, cane, crutch,
walker, or other assistive device. Makes a driver's
violation of provisions a Class A misdemeanor and subjects
driver to 6-month suspension of driver's license. Makes
driver liable in a civil action for pedestrian's injuries.
LRB9009198DJcdA
LRB9009198DJcdA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-1002, 11-1003, and 11-1004.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-1002, 11-1003, and 11-1004 as follows:
7 (625 ILCS 5/11-1002) (from Ch. 95 1/2, par. 11-1002)
8 Sec. 11-1002. Pedestrians' right-of-way at crosswalks.
9 (a) When traffic control signals are not in place or not
10 in operation the driver of a vehicle shall yield the
11 right-of-way, slowing down or stopping if need be to so
12 yield, to a pedestrian crossing the roadway within a
13 crosswalk when the pedestrian is upon the half of the roadway
14 upon which the vehicle is traveling, or when the pedestrian
15 is approaching so closely from the opposite half of the
16 roadway as to be in danger.
17 (b) No pedestrian shall suddenly leave a curb or other
18 place of safety and walk or run into the path of a moving
19 vehicle which is so close as to constitute an immediate
20 hazard.
21 (c) Paragraph (a) shall not apply under the condition
22 stated in Section 11-1003 (b).
23 (d) Whenever any vehicle is stopped at a marked
24 crosswalk or at any unmarked crosswalk at an intersection to
25 permit a pedestrian to cross the roadway, the driver of any
26 other vehicle approaching from the rear shall not overtake
27 and pass such stopped vehicle.
28 (e) Whenever stop signs or flashing red signals are in
29 place at an intersection or at a plainly marked crosswalk
30 between intersections, drivers shall yield right-of-way to
31 pedestrians as set forth in Section 11-904 of this Chapter.
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1 (f) This Section is subject to Section 11-1004 in the
2 case of persons who are blind or visually impaired or who
3 have another physical impairment.
4 (Source: P.A. 79-857.)
5 (625 ILCS 5/11-1003) (from Ch. 95 1/2, par. 11-1003)
6 Sec. 11-1003. Crossing at other than crosswalks.
7 (a) Every pedestrian crossing a roadway at any point
8 other than within a marked crosswalk or within an unmarked
9 crosswalk at an intersection shall yield the right-of-way to
10 all vehicles upon the roadway.
11 (b) Any pedestrian crossing a roadway at a point where a
12 pedestrian tunnel or overhead pedestrian crossing has been
13 provided shall yield the right-of-way to all vehicles upon
14 the roadway.
15 (c) Between adjacent intersections at which
16 traffic-control signals are in operation pedestrians shall
17 not cross at any place except in a marked crosswalk.
18 (d) No pedestrian shall cross a roadway intersection
19 diagonally unless authorized by official traffic-control
20 devices; and, when authorized to cross diagonally,
21 pedestrians shall cross only in accordance with the official
22 traffic-control devices pertaining to such crossing
23 movements.
24 (e) Pedestrians with disabilities may cross a roadway at
25 any point other than within a marked crosswalk or within an
26 unmarked crosswalk where the intersection is physically
27 inaccessible to them but they shall yield the right-of-way to
28 all vehicles upon the roadway.
29 (f) This Section is subject to Section 11-1004 in the
30 case of persons who are blind or visually impaired or who
31 have another physical impairment.
32 (Source: P.A. 88-685, eff. 1-24-95.)
-3- LRB9009198DJcdA
1 (625 ILCS 5/11-1004) (from Ch. 95 1/2, par. 11-1004)
2 Sec. 11-1004. Pedestrian with disabilities;
3 right-of-way.
4 (a) Notwithstanding any other provision of this Code, a
5 blind or visually impaired person who is carrying in a raised
6 or extended position a cane that is white in color, or white
7 tipped with red, or who is being guided by a guide dog in
8 harness has the right-of-way in crossing any street or
9 highway whether or not traffic on the street or highway is
10 controlled by traffic signals. The driver of every vehicle
11 approaching the place where a person so carrying such a cane
12 or being so guided is crossing the street or right-of-way
13 shall bring the vehicle to a full stop and before proceeding
14 shall take proper precautions as may be necessary to avoid
15 injury to the blind or visually impaired person. The
16 provisions of this subsection do not apply to a blind or
17 visually impaired person who is not so carrying such a cane
18 or who is not guided by a guide dog in harness, in which case
19 the other provisions of this Code relating to pedestrians are
20 then applicable to the person. The failure of a blind or
21 visually impaired person to so use or carry such a cane or to
22 be guided by a guide dog in harness when walking on streets,
23 highways, or sidewalks, however, shall not be considered
24 evidence of contributory negligence.
25 (b) Notwithstanding any other provision of this Code, a
26 person with a physical impairment who is using a wheelchair,
27 cane, crutch, walker, or other assistive device has the
28 right-of-way in crossing any street or highway within a
29 marked crosswalk whether or not traffic on the street or
30 highway is controlled by traffic signals. The driver of every
31 vehicle approaching the marked crosswalk where such a person
32 is crossing the street or right-of-way shall bring the
33 vehicle to a full stop and before proceeding shall take
34 proper precautions as may be necessary to avoid injury to the
-4- LRB9009198DJcdA
1 person. The provisions of this subsection do not apply to a
2 person with a physical impairment who is not so using a
3 wheelchair, cane, crutch, walker, or other assistive device,
4 in which case the other provisions of this Code relating to
5 pedestrians are then applicable to the person. The failure of
6 a person with a physical impairment to so use a wheelchair,
7 cane, crutch, walker, or other assistive device when walking
8 on streets, highways, or sidewalks, however, shall not be
9 considered evidence of contributory negligence.
10 (c) A driver of a vehicle who violates subsection (a) or
11 (b) is guilty of a Class A misdemeanor. In addition, the
12 driver's license of such a person shall be suspended for a
13 period of 6 months.
14 (d) A driver of a vehicle who violates subsection (a) or
15 (b) is liable in a civil action for any injuries suffered by
16 the blind or visually impaired person or person with a
17 physical impairment as a consequence of the driver's
18 violation.
19 (e) The driver of a vehicle shall yield the right-of-way
20 to any pedestrian with clearly visible disabilities other
21 than those specifically provided for in this Section.
22 (Source: P.A. 88-685, eff. 1-24-95.)