State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_SB0031

 
                                               LRB9101106KStm

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-1414.

 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 Section 11-1414 as follows:

 7        (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
 8        Sec.   11-1414.   Approaching,  overtaking,  and  passing
 9    school bus.
10        (a)  The driver of a  vehicle  shall  stop  such  vehicle
11    before  meeting  or  overtaking,  from  either direction, any
12    school  bus  stopped  for  the  purpose   of   receiving   or
13    discharging  pupils on a highway, on school property, or upon
14    a private road within an area that is covered by  a  contract
15    or  agreement  executed  pursuant to Section 11-209.1 of this
16    Code.  Such stop is required before reaching the  school  bus
17    when  there  is  in  operation  on  the school bus the visual
18    signals as specified in Sections 12-803 and  12-805  of  this
19    Code.  The  driver of the vehicle shall not proceed until the
20    school bus resumes motion or the driver  of  the  vehicle  is
21    signaled  by  the  school bus driver to proceed or the visual
22    signals are no longer actuated.
23        (b)  The stop signal arm required by  Section  12-803  of
24    this  Code shall be extended after the school bus has come to
25    a complete stop for the purpose  of  loading  or  discharging
26    pupils and shall be closed before the school bus is placed in
27    motion  again.   The stop signal arm shall not be extended at
28    any other time.
29        (c)  The alternately flashing  red  signal  lamps  of  an
30    8-lamp  flashing  signal system required by Section 12-805 of
31    this Code shall be actuated after the school bus has come  to
 
                            -2-                LRB9101106KStm
 1    a  complete  stop  for  the purpose of loading or discharging
 2    pupils and shall be turned  off  before  the  school  bus  is
 3    placed  in  motion  again.  The red signal lamps shall not be
 4    actuated at any other time except as  provided  in  paragraph
 5    (d) of this Section.
 6        (d)  The  alternately  flashing  amber signal lamps of an
 7    8-lamp flashing signal system  required by Section 12-805  of
 8    this Code shall be actuated continuously during not less than
 9    the  last 100 feet traveled by the school bus before stopping
10    for the purpose of loading or discharging  pupils  within  an
11    urban  area  and  during  not  less  than  the  last 200 feet
12    traveled by the school bus outside an urban area.  The  amber
13    signal  lamps  shall  remain actuated until the school bus is
14    stopped. The amber signal lamps shall not be actuated at  any
15    other time.
16        (e)  The  driver  of a vehicle upon a highway having 4 or
17    more lanes which permits at  least  2  lanes  of  traffic  to
18    travel in opposite directions need not stop such vehicle upon
19    meeting  a  school  bus  which  is  stopped  in  the opposing
20    roadway; and need not stop such vehicle when driving  upon  a
21    controlled access highway when passing a school bus traveling
22    in  either  direction  that  is  stopped  in  a  loading zone
23    adjacent to the surfaced or improved part of  the  controlled
24    access highway where pedestrians are not permitted to cross.
25        (f)  Beginning with the effective date of this amendatory
26    Act  of  1985,  the  Secretary  of  State shall suspend for a
27    period of 3 months  the  driving  privileges  of  any  person
28    convicted of a violation of subsection (a) of this Section or
29    a similar provision of a local ordinance; the Secretary shall
30    suspend  for  a  period of one year the driving privileges of
31    any person convicted of a second or subsequent  violation  of
32    subsection  (a)  of  this Section or a similar provision of a
33    local ordinance if the second or subsequent violation  occurs
34    within 5 years of a prior conviction for the same offense. In
 
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 1    addition  to  the suspensions authorized by this Section, any
 2    person convicted of  violating  this  Section  or  a  similar
 3    provision  of  a  local  ordinance  shall  be  subject  to  a
 4    mandatory  fine  of  $150  or,  upon  a  second or subsequent
 5    violation, $500.  The  Secretary  may  also  grant,  for  the
 6    duration  of  any  suspension issued under this subsection, a
 7    restricted driving permit granting the privilege of driving a
 8    motor vehicle between the driver's  residence  and  place  of
 9    employment  or  within other proper limits that the Secretary
10    of State shall find necessary to avoid any undue hardship.  A
11    restricted  driving  permit issued hereunder shall be subject
12    to cancellation, revocation and suspension by  the  Secretary
13    of  State  in  like  manner  and for like cause as a driver's
14    license may be cancelled, revoked or suspended; except that a
15    conviction  upon  one  or  more  offenses  against  laws   or
16    ordinances regulating the movement of traffic shall be deemed
17    sufficient   cause   for   the   revocation,   suspension  or
18    cancellation of the restricted driving permit. The  Secretary
19    of  State may, as a condition to the issuance of a restricted
20    driving permit, require the applicant  to  participate  in  a
21    designated  driver  remedial  or  rehabilitative program. Any
22    conviction for  a  violation  of  this  subsection  shall  be
23    included  as  an  offense  for  the  purposes  of determining
24    suspension action under any other  provision  of  this  Code,
25    provided  however,  that  the  penalties  provided under this
26    subsection shall be imposed unless  those  penalties  imposed
27    under other applicable provisions are greater.
28        The  owner  of  any  vehicle  alleged  to  have  violated
29    paragraph  (a) of this Section shall, upon appropriate demand
30    by the State's Attorney or other authorized prosecutor acting
31    in  response  to  a  signed  complaint,  provide  a   written
32    statement  or  deposition  identifying  the  operator  of the
33    vehicle if such operator was not the owner at the time of the
34    alleged violation.  Failure to supply such information  shall
 
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 1    be  construed  to be the same as a violation of paragraph (a)
 2    and shall be subject to the same penalties  herein  provided.
 3    In  the  event  the owner has assigned control for the use of
 4    the vehicle to  another,  the  person  to  whom  control  was
 5    assigned  shall  comply with the provisions of this paragraph
 6    and be subject to the same penalties as herein provided.
 7    (Source: P.A. 89-210, eff. 8-2-95.)

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