Full Text of HB2411 98th General Assembly
HB2411eng 98TH GENERAL ASSEMBLY |
| | HB2411 Engrossed | | LRB098 08926 MLW 39058 b |
|
| 1 | | AN ACT concerning transportation.
| 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 changing | 5 | | Sections 11-605.1 and 11-908 as follows: | 6 | | (625 ILCS 5/11-605.1) | 7 | | Sec. 11-605.1. Special limit while traveling through a | 8 | | highway construction or maintenance speed zone. | 9 | | (a) A person may not operate a motor vehicle in a | 10 | | construction or maintenance speed zone at a speed in excess of | 11 | | the posted speed limit.
| 12 | | (b) Nothing in this Chapter prohibits the use of electronic | 13 | | speed-detecting devices within 500 feet of signs within a | 14 | | construction or maintenance speed zone indicating the zone, as | 15 | | defined in this Section, nor shall evidence obtained by use of | 16 | | those devices be inadmissible in any prosecution for speeding, | 17 | | provided the use of the device shall apply only to the | 18 | | enforcement of the speed limit in the construction or | 19 | | maintenance speed zone.
| 20 | | (c) As used in this Section, a "construction or maintenance | 21 | | speed zone" is an area in which the Department, Toll Highway | 22 | | Authority, or local agency has posted signage advising drivers | 23 | | that a construction or maintenance speed zone is being |
| | | HB2411 Engrossed | - 2 - | LRB098 08926 MLW 39058 b |
|
| 1 | | approached, or in which the Department, Authority, or local | 2 | | agency has posted a lower speed limit with a highway | 3 | | construction or maintenance speed zone special speed limit sign | 4 | | after determining that the preexisting established speed limit | 5 | | through a highway construction or maintenance project is | 6 | | greater than is reasonable or safe with respect to the | 7 | | conditions expected to exist in the construction or maintenance | 8 | | speed zone. When the construction or maintenance project is | 9 | | being performed by the Illinois Department of Transportation, | 10 | | these signs shall be affixed with flashing yellow lights that | 11 | | are in operation while workers are present in the construction | 12 | | or maintenance speed zone. | 13 | | If it is determined that the preexisting established speed | 14 | | limit is safe with respect to the conditions expected to exist | 15 | | in the construction or maintenance speed zone, additional speed | 16 | | limit signs which conform to the requirements of this | 17 | | subsection (c) shall be posted. | 18 | | Highway construction or maintenance speed zone special | 19 | | speed limit signs shall be of a design approved by the | 20 | | Department. The signs must give proper due warning that a | 21 | | construction or maintenance speed zone is being approached and | 22 | | must indicate the maximum speed limit in effect. The signs also | 23 | | must state the amount of the minimum fine for a violation.
| 24 | | (d) A first violation of this Section is a petty offense | 25 | | with a minimum fine of $250. A second or subsequent violation | 26 | | of this Section is a petty offense with a minimum fine of $750. |
| | | HB2411 Engrossed | - 3 - | LRB098 08926 MLW 39058 b |
|
| 1 | | (e) If a fine for a violation of this Section is $250 or | 2 | | greater, the person who violated this Section shall be charged | 3 | | an additional $125, which shall be deposited into the | 4 | | Transportation Safety Highway Hire-back Fund in the State | 5 | | treasury, unless (i) the violation occurred on a highway other | 6 | | than an interstate highway and (ii) a county police officer | 7 | | wrote the ticket for the violation, in which case the $125 | 8 | | shall be deposited into that county's Transportation Safety | 9 | | Highway Hire-back Fund. In the case of a second or subsequent | 10 | | violation of this Section, if the fine is $750 or greater, the | 11 | | person who violated this Section shall be charged an additional | 12 | | $250, which shall be deposited into the Transportation Safety | 13 | | Highway Hire-back Fund in the State treasury, unless (i) the | 14 | | violation occurred on a highway other than an interstate | 15 | | highway and (ii) a county police officer wrote the ticket for | 16 | | the violation, in which case the $250 shall be deposited into | 17 | | that county's Transportation Safety Highway Hire-back Fund.
| 18 | | (e-5) The Department of State Police and the local county | 19 | | police department have concurrent jurisdiction over any | 20 | | violation of this Section that occurs on an interstate highway.
| 21 | | (f) The Transportation Safety Highway Hire-back Fund, | 22 | | which was created by Public Act 92-619, shall continue to be a | 23 | | special fund in the State treasury. Subject to appropriation by | 24 | | the General Assembly and approval by the Secretary, the | 25 | | Secretary of Transportation shall use all moneys in the | 26 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
| | | HB2411 Engrossed | - 4 - | LRB098 08926 MLW 39058 b |
|
| 1 | | Department of State Police officers to monitor construction or | 2 | | maintenance zones. | 3 | | (f-5) Each county shall create a Transportation Safety | 4 | | Highway Hire-back Fund. The county shall use all moneys in its | 5 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 6 | | county police officers to monitor construction or maintenance | 7 | | zones in that county on highways other than interstate | 8 | | highways.
| 9 | | (g) For a second or subsequent violation of this Section | 10 | | within 2 years of the date of the previous violation, the | 11 | | Secretary of State shall suspend the driver's license of the | 12 | | violator for a period of 90 days.
| 13 | | (Source: P.A. 97-830, eff. 1-1-13.)
| 14 | | (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
| 15 | | Sec. 11-908. Vehicle approaching or entering a highway | 16 | | construction or
maintenance
area or zone.
| 17 | | (a) The driver of a vehicle shall yield the right of way to | 18 | | any
authorized vehicle or pedestrian actually engaged in work | 19 | | upon a highway
within any highway construction or maintenance | 20 | | area indicated by
official traffic-control devices. When | 21 | | Illinois Department of Transportation employees are present, | 22 | | these official traffic-control devices must include signs | 23 | | notifying motorists of the presence of workers when lights are | 24 | | flashing, with flashing yellow lights affixed to these signs | 25 | | that are in operation while workers are present.
|
| | | HB2411 Engrossed | - 5 - | LRB098 08926 MLW 39058 b |
|
| 1 | | (a-1) Upon entering a construction or maintenance zone
when | 2 | | workers are present and flashing yellow lights are in | 3 | | operation , a
person who drives a vehicle shall:
| 4 | | (1) proceeding with due caution, make a
lane change | 5 | | into a lane not adjacent to that of the workers present,
if | 6 | | possible with due regard to safety and traffic
conditions, | 7 | | if on a highway having at least 4 lanes with not less
than | 8 | | 2 lanes proceeding in the same direction as the approaching
| 9 | | vehicle; or
| 10 | | (2) proceeding with due caution, reduce the speed of | 11 | | the vehicle,
maintaining a safe speed for road conditions, | 12 | | if changing lanes
would be impossible or unsafe.
| 13 | | (a-2) A person who violates subsection (a-1) of this
| 14 | | Section commits a business
offense punishable by a fine of not | 15 | | less than $100 and not more than $10,000. It is a factor in
| 16 | | aggravation if the person committed the offense while in | 17 | | violation of Section
11-501 of this Code.
| 18 | | (a-3) If a violation of subsection (a-1) of this Section
| 19 | | results in damage to the property of another person, in | 20 | | addition to any other
penalty imposed,
the person's driving | 21 | | privileges shall be suspended for a fixed
period of not less | 22 | | than 90 days and not more than one year.
| 23 | | (a-4) If a violation of subsection (a-1) of this Section
| 24 | | results in injury to another person, in addition to any other | 25 | | penalty imposed,
the person's driving privileges shall be | 26 | | suspended for a fixed period of not
less
than 180
days and not |
| | | HB2411 Engrossed | - 6 - | LRB098 08926 MLW 39058 b |
|
| 1 | | more than 2 years.
| 2 | | (a-5) If a violation of subsection (a-1) of this Section
| 3 | | results in the death of
another person, in addition to any | 4 | | other penalty imposed,
the person's driving privileges shall be | 5 | | suspended for 2 years.
| 6 | | (a-6) The Secretary of State shall, upon receiving a record | 7 | | of a judgment
entered against a person under subsection (a-1) | 8 | | of this
Section:
| 9 | | (1) suspend the person's driving privileges for the | 10 | | mandatory period; or
| 11 | | (2) extend the period of an existing suspension by the | 12 | | appropriate
mandatory period.
| 13 | | (b) The driver of a vehicle shall yield the right of way to | 14 | | any
authorized vehicle obviously and actually engaged in work | 15 | | upon a highway
whenever the vehicle engaged in construction or | 16 | | maintenance work
displays flashing lights as provided in | 17 | | Section 12-215 of this Act.
| 18 | | (c) The driver of a vehicle shall stop if signaled to do so | 19 | | by a
flagger or a traffic control signal and remain in such | 20 | | position until
signaled to proceed. If a driver of a vehicle | 21 | | fails to stop when signaled
to do so by a flagger, the flagger | 22 | | is authorized to report such offense to
the State's Attorney or | 23 | | authorized prosecutor.
The penalties imposed for a violation of | 24 | | this subsection (c) shall be in
addition to any penalties | 25 | | imposed for a violation of subsection (a-1).
| 26 | | (Source: P.A. 92-872, eff. 6-1-03; 93-705, eff. 7-9-04.)
|
|