093_HB0035
LRB093 02372 DRH 02380 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 11-1414 as follows:
6 (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
7 Sec. 11-1414. Approaching, overtaking, and passing
8 school bus.
9 (a) The driver of a vehicle shall stop such vehicle
10 before meeting or overtaking, from either direction, any
11 school bus stopped for the purpose of receiving or
12 discharging pupils on a highway, on a roadway on school
13 property, or upon a private road within an area that is
14 covered by a contract or agreement executed pursuant to
15 Section 11-209.1 of this Code. Such stop is required before
16 reaching the school bus when there is in operation on the
17 school bus the visual signals as specified in Sections 12-803
18 and 12-805 of this Code. The driver of the vehicle shall not
19 proceed until the school bus resumes motion or the driver of
20 the vehicle is signaled by the school bus driver to proceed
21 or the visual signals are no longer actuated.
22 (b) The stop signal arm required by Section 12-803 of
23 this Code shall be extended after the school bus has come to
24 a complete stop for the purpose of loading or discharging
25 pupils and shall be closed before the school bus is placed in
26 motion again. The stop signal arm shall not be extended at
27 any other time.
28 (c) The alternately flashing red signal lamps of an
29 8-lamp flashing signal system required by Section 12-805 of
30 this Code shall be actuated after the school bus has come to
31 a complete stop for the purpose of loading or discharging
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1 pupils and shall be turned off before the school bus is
2 placed in motion again. The red signal lamps shall not be
3 actuated at any other time except as provided in paragraph
4 (d) of this Section.
5 (d) The alternately flashing amber signal lamps of an
6 8-lamp flashing signal system required by Section 12-805 of
7 this Code shall be actuated continuously during not less than
8 the last 100 feet traveled by the school bus before stopping
9 for the purpose of loading or discharging pupils within an
10 urban area and during not less than the last 200 feet
11 traveled by the school bus outside an urban area. The amber
12 signal lamps shall remain actuated until the school bus is
13 stopped. The amber signal lamps shall not be actuated at any
14 other time.
15 (e) The driver of a vehicle upon a highway having 4 or
16 more lanes which permits at least 2 lanes of traffic to
17 travel in opposite directions need not stop such vehicle upon
18 meeting a school bus which is stopped in the opposing
19 roadway; and need not stop such vehicle when driving upon a
20 controlled access highway when passing a school bus traveling
21 in either direction that is stopped in a loading zone
22 adjacent to the surfaced or improved part of the controlled
23 access highway where pedestrians are not permitted to cross.
24 (f) Beginning with the effective date of this amendatory
25 Act of 1985, the Secretary of State shall suspend for a
26 period of 3 months the driving privileges of any person
27 convicted of a violation of subsection (a) of this Section or
28 a similar provision of a local ordinance; the Secretary shall
29 suspend for a period of one year the driving privileges of
30 any person convicted of a second or subsequent violation of
31 subsection (a) of this Section or a similar provision of a
32 local ordinance if the second or subsequent violation occurs
33 within 5 years of a prior conviction for the same offense. In
34 addition to the suspensions authorized by this Section, any
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1 person convicted of violating this Section or a similar
2 provision of a local ordinance shall be subject to a
3 mandatory fine of $150 or, upon a second or subsequent
4 violation, $500. The Secretary may also grant, for the
5 duration of any suspension issued under this subsection, a
6 restricted driving permit granting the privilege of driving a
7 motor vehicle between the driver's residence and place of
8 employment or within other proper limits that the Secretary
9 of State shall find necessary to avoid any undue hardship. A
10 restricted driving permit issued hereunder shall be subject
11 to cancellation, revocation and suspension by the Secretary
12 of State in like manner and for like cause as a driver's
13 license may be cancelled, revoked or suspended; except that a
14 conviction upon one or more offenses against laws or
15 ordinances regulating the movement of traffic shall be deemed
16 sufficient cause for the revocation, suspension or
17 cancellation of the restricted driving permit. The Secretary
18 of State may, as a condition to the issuance of a restricted
19 driving permit, require the applicant to participate in a
20 designated driver remedial or rehabilitative program. Any
21 conviction for a violation of this subsection shall be
22 included as an offense for the purposes of determining
23 suspension action under any other provision of this Code,
24 provided however, that the penalties provided under this
25 subsection shall be imposed unless those penalties imposed
26 under other applicable provisions are greater.
27 The owner of any vehicle alleged to have violated
28 paragraph (a) of this Section shall, upon appropriate demand
29 by the State's Attorney, or other authorized prosecutor, or
30 law enforcement officer acting in response to a signed
31 complaint, provide a written statement or deposition
32 identifying the operator of the vehicle if such operator was
33 not the owner at the time of the alleged violation. Failure
34 to supply such information shall be construed to be the same
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1 as a violation of paragraph (a) and shall be subject to the
2 same penalties herein provided. In the event the owner has
3 assigned control for the use of the vehicle to another, the
4 person to whom control was assigned shall comply with the
5 provisions of this paragraph and be subject to the same
6 penalties as herein provided.
7 (g) A law enforcement officer has the power to issue a
8 citation in response to a signed complaint concerning a
9 violation of subsection (a) of this Section or a similar
10 provision of a local ordinance.
11 (Source: P.A. 91-260, eff. 1-1-00.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.