99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1885

 

Introduced 2/20/2015, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-126.1
625 ILCS 5/11-1414  from Ch. 95 1/2, par. 11-1414

    Amends the Illinois Vehicle Code. Includes highways on public school property in the classification of non-designated highways. Requires vehicles to stop before meeting or overtaking, from either direction, any school bus stopped on a public school highway.


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A BILL FOR

 

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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 1-126.1 and 11-1414 as follows:
 
6    (625 ILCS 5/1-126.1)
7    Sec. 1-126.1. Highway Designations. The Department of
8Transportation may designate streets or highways in the system
9of State highways as follows:
10        (a) Class I highways include interstate highways,
11    expressways, tollways, and other highways deemed
12    appropriate by the department.
13        (b) Class II highways include major arterials not built
14    to interstate highway standards that have at least 11 feet
15    lane widths.
16        (c) Class III highways include those State highways
17    that have lane widths of less than 11 feet.
18        (d) Non-designated highways are highways in the system
19    of State highways not designated as Class I, II, or III, or
20    local highways which are part of any county, township,
21    municipal, or district road system, including highways on
22    public school property. Local authorities also may
23    designate Class II or Class III highways within their

 

 

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1    systems of highways.
2(Source: P.A. 92-417, eff. 1-1-02.)
 
3    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
4    Sec. 11-1414. Approaching, overtaking, and passing school
5bus.
6    (a) The driver of a vehicle shall stop such vehicle before
7meeting or overtaking, from either direction, any school bus
8stopped at any location, including highways on public school
9property, for the purpose of receiving or discharging pupils.
10Such stop is required before reaching the school bus when there
11is in operation on the school bus the visual signals as
12specified in Sections 12-803 and 12-805 of this Code. The
13driver of the vehicle shall not proceed until the school bus
14resumes motion or the driver of the vehicle is signaled by the
15school bus driver to proceed or the visual signals are no
16longer actuated.
17    (b) The stop signal arm required by Section 12-803 of this
18Code shall be extended after the school bus has come to a
19complete stop for the purpose of loading or discharging pupils
20and shall be closed before the school bus is placed in motion
21again. The stop signal arm shall not be extended at any other
22time.
23    (c) The alternately flashing red signal lamps of an 8-lamp
24flashing signal system required by Section 12-805 of this Code
25shall be actuated after the school bus has come to a complete

 

 

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1stop for the purpose of loading or discharging pupils and shall
2be turned off before the school bus is placed in motion again.
3The red signal lamps shall not be actuated at any other time
4except as provided in paragraph (d) of this Section.
5    (d) The alternately flashing amber signal lamps of an
68-lamp flashing signal system required by Section 12-805 of
7this Code shall be actuated continuously during not less than
8the last 100 feet traveled by the school bus before stopping
9for the purpose of loading or discharging pupils within an
10urban area and during not less than the last 200 feet traveled
11by the school bus outside an urban area. The amber signal lamps
12shall remain actuated until the school bus is stopped. The
13amber signal lamps shall not be actuated at any other time.
14    (d-5) The alternately flashing head lamps permitted by
15Section 12-805 of this Code may be operated while the
16alternately flashing red or amber signal lamps required by that
17Section are actuated.
18    (e) The driver of a vehicle upon a highway having 4 or more
19lanes which permits at least 2 lanes of traffic to travel in
20opposite directions need not stop such vehicle upon meeting a
21school bus which is stopped in the opposing roadway; and need
22not stop such vehicle when driving upon a controlled access
23highway when passing a school bus traveling in either direction
24that is stopped in a loading zone adjacent to the surfaced or
25improved part of the controlled access highway where
26pedestrians are not permitted to cross.

 

 

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1    (f) Beginning with the effective date of this amendatory
2Act of 1985, the Secretary of State shall suspend for a period
3of 3 months the driving privileges of any person convicted of a
4violation of subsection (a) of this Section or a similar
5provision of a local ordinance; the Secretary shall suspend for
6a period of one year the driving privileges of any person
7convicted of a second or subsequent violation of subsection (a)
8of this Section or a similar provision of a local ordinance if
9the second or subsequent violation occurs within 5 years of a
10prior conviction for the same offense. In addition to the
11suspensions authorized by this Section, any person convicted of
12violating this Section or a similar provision of a local
13ordinance shall be subject to a mandatory fine of $150 or, upon
14a second or subsequent violation, $500. The Secretary may also
15grant, for the duration of any suspension issued under this
16subsection, a restricted driving permit granting the privilege
17of driving a motor vehicle between the driver's residence and
18place of employment or within other proper limits that the
19Secretary of State shall find necessary to avoid any undue
20hardship. A restricted driving permit issued hereunder shall be
21subject to cancellation, revocation and suspension by the
22Secretary of State in like manner and for like cause as a
23driver's license may be cancelled, revoked or suspended; except
24that a conviction upon one or more offenses against laws or
25ordinances regulating the movement of traffic shall be deemed
26sufficient cause for the revocation, suspension or

 

 

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1cancellation of the restricted driving permit. The Secretary of
2State may, as a condition to the issuance of a restricted
3driving permit, require the applicant to participate in a
4designated driver remedial or rehabilitative program. Any
5conviction for a violation of this subsection shall be included
6as an offense for the purposes of determining suspension action
7under any other provision of this Code, provided however, that
8the penalties provided under this subsection shall be imposed
9unless those penalties imposed under other applicable
10provisions are greater.
11    The owner of any vehicle alleged to have violated paragraph
12(a) of this Section shall, upon appropriate demand by the
13State's Attorney or other designated person acting in response
14to a signed complaint, provide a written statement or
15deposition identifying the operator of the vehicle if such
16operator was not the owner at the time of the alleged
17violation. Failure to supply such information shall result in
18the suspension of the vehicle registration of the vehicle for a
19period of 3 months. In the event the owner has assigned control
20for the use of the vehicle to another, the person to whom
21control was assigned shall comply with the provisions of this
22paragraph and be subject to the same penalties as herein
23provided.
24(Source: P.A. 95-105, eff. 1-1-08; 95-331, eff. 8-21-07.)