HB0795ham001 96TH GENERAL ASSEMBLY

Vehicles & Safety Committee

Adopted in House Comm. on Mar 11, 2009

09600HB0795ham001 LRB096 03883 RLC 23521 a

AMENDMENT TO HOUSE BILL 795

AMENDMENT NO. ______. Amend House Bill 795 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 11-205 as follows:

(625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)

Sec. 11-205. Public officers and employees to obey Act-Exceptions.

(a) The provisions of this Chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this State or any county, city, town, district or any other political subdivision of the State, except as provided in this Section and subject to such specific exceptions as set forth in this Chapter with reference to authorized emergency vehicles.

(b) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.

(c) The driver of an authorized emergency vehicle may:

1. Park or stand, irrespective of the provisions of this Chapter;

2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be required and necessary for safe operation;

3. Exceed the maximum speed limits so long as he does not endanger life or property;

4. Disregard regulations governing direction of movement or turning in specified directions.

(d) The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion or visual signals meeting the requirements of Section 12-215 of this Act. Audible signals shall be used to warn pedestrians and other drivers of its approach.

(d-5) The driver of a police vehicle must:

1. activate oscillating, rotating, or flashing lights at all times during an emergency response when the maximum speed limit or other traffic regulations are disregarded in accordance with subsection (c).

2. use sirens to warn pedestrians and other persons of his or her approach during an emergency response situation; and when the maximum speed limit or other traffic regulations are disregarded in accordance with subsection (c).

3. drive with due regard for the safety of other persons and exercise due care when operating a police vehicle.

The driver of a police vehicle may use a covert approach during an emergency response situation when the situation dictates such covert approach, but must comply with all traffic laws if not utilizing lights and sirens as required by this Act.

For the purposes of this subsection (d-5):

"Emergency response situation" means an incident or call in which the responding officer reasonably believes that the probability of death, personal injury, or the apprehension of suspected offenders exists and a rapid response by a law enforcement officer will reduce the seriousness of the incident.

(e) The foregoing provisions do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(f) Unless specifically made applicable, the provisions of this Chapter, except those contained in Section 11-204 and Articles IV and V of this Chapter, shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a highway but shall apply to such persons and vehicles when traveling to or from such work.

(Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97.)

Section 99. Effective date. This Act takes effect upon becoming law.".