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90_HB2708
Amends the Illinois Vehicle Code. Makes a stylistic
change in provisions in relation to approaching, overtaking,
and passing a school bus.
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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 the 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 or upon a private road within
14 an area that is covered by a contract or agreement executed
15 pursuant to Section 11-209.1 of this Code. Such stop is
16 required before reaching the school bus when there is in
17 operation on the school bus the visual signals as specified
18 in Sections 12-803 and 12-805 of this Code. The driver of the
19 vehicle shall not proceed until the school bus resumes motion
20 or the driver of the vehicle is signaled by the school bus
21 driver to proceed or the visual signals are no longer
22 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
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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.)