State of Illinois
92nd General Assembly
Legislation

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92_SB1657enr

 
SB1657 Enrolled                               SRS92SB0053AKcp

 1        AN ACT in relation to 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 Sections 11-907, 11-908, and 12-215 as follows:

 6        (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
 7        Sec. 11-907.  Operation of  vehicles  and  streetcars  on
 8    approach of authorized emergency vehicles.
 9        (a)  Upon   the   immediate  approach  of  an  authorized
10    emergency vehicle making use of audible  and  visual  signals
11    meeting  the  requirements  of  this Code or a police vehicle
12    properly and lawfully making use  of  an  audible  or  visual
13    signal,
14             (1)  the  driver  of every other vehicle shall yield
15        the  right-of-way  and  shall  immediately  drive  to   a
16        position  parallel  to,  and as close as possible to, the
17        right-hand edge or curb  of  the  highway  clear  of  any
18        intersection  and  shall, if necessary to permit the safe
19        passage of the emergency vehicle, stop and remain in such
20        position  until  the  authorized  emergency  vehicle  has
21        passed, unless otherwise directed by a police officer and
22             (2) the   operator   of   every   streetcar    shall
23        immediately  stop  such car clear of any intersection and
24        keep it in such position until the  authorized  emergency
25        vehicle has passed, unless otherwise directed by a police
26        officer.
27        (b)  This Section shall not operate to relieve the driver
28    of  an  authorized  emergency  vehicle from the duty to drive
29    with due regard for the  safety  of  all  persons  using  the
30    highway.
31        (c)  Upon  approaching  a stationary authorized emergency
 
SB1657 Enrolled            -2-                SRS92SB0053AKcp
 1    vehicle, when the authorized emergency vehicle  is  giving  a
 2    signal by displaying alternately flashing red, red and white,
 3    blue,  or  red  and  blue  lights  or amber or yellow warning
 4    lights, a person who drives an approaching vehicle shall:
 5             (1)  proceeding  with   due   caution,   yield   the
 6        right-of-way  by  making  a  lane  change into a lane not
 7        adjacent to that of the authorized emergency vehicle,  if
 8        possible   with   due   regard   to  safety  and  traffic
 9        conditions, if on a highway having at least 4 lanes  with
10        not less than 2 lanes proceeding in the same direction as
11        the approaching vehicle; or
12             (2)  proceeding  with  due caution, reduce the speed
13        of  the  vehicle,  maintaining  a  safe  speed  for  road
14        conditions, if changing  lanes  would  be  impossible  or
15        unsafe.
16        As  used  in  this  subsection (c), "authorized emergency
17    vehicle"  includes  any  vehicle  authorized  by  law  to  be
18    equipped with oscillating, rotating, or flashing lights under
19    Section 12-215 of this Code, while the owner or  operator  of
20    the vehicle is engaged in his or her official duties.
21        (d)  A person who violates subsection (c) of this Section
22    commits  a  business offense punishable by a fine of not more
23    than $10,000.  A person charged with the offense must  appear
24    in   court  to  answer  the  charges.   It  is  a  factor  in
25    aggravation if the person  committed  the  offense  while  in
26    violation of Section 11-501 of this Code.
27        (e)  If  a  violation  of  subsection (c) of this Section
28    results in damage to  the  property  of  another  person,  in
29    addition  to  any other penalty imposed, the person's driving
30    privileges shall be suspended for a fixed period of not  less
31    than 90 days and not more than one year.
32        (f)  If  a  violation  of  subsection (c) of this Section
33    results in injury to another person, in addition to any other
34    penalty imposed, the person's  driving  privileges  shall  be
 
SB1657 Enrolled            -3-                SRS92SB0053AKcp
 1    suspended  for  a  fixed period of not less than 180 days and
 2    not more than 2 years.
 3        (g)  If a violation of subsection  (c)  of  this  Section
 4    results  in  the  death of another person, in addition to any
 5    other penalty imposed, the person's driving privileges  shall
 6    be suspended for 2 years.
 7        (h)  The  Secretary  of  State  shall,  upon  receiving a
 8    record  of  a  judgment  entered  against  a   person   under
 9    subsection (c) of this Section:
10             (1)  suspend the person's driving privileges for the
11        mandatory period; or
12             (2)  extend  the period of an existing suspension by
13        the appropriate mandatory period.
14    (Source: P.A. 92-283, eff. 1-1-02.)

15        (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
16        Sec. 11-908.  Vehicle approaching or entering  a  highway
17    construction or maintenance area or zone.
18        (a)  The driver of a vehicle shall yield the right of way
19    to  any  authorized vehicle or pedestrian actually engaged in
20    work upon  a  highway  within  any  highway  construction  or
21    maintenance   area   indicated  by  official  traffic-control
22    devices.
23        (a-1)  Upon entering a construction or  maintenance  zone
24    when  workers  are  present,  a  person  who drives a vehicle
25    shall:
26             (1)  proceeding with due caution, make a lane change
27        into a lane not adjacent to that of the workers  present,
28        if  possible  with  due  regard  to  safety  and  traffic
29        conditions,  if on a highway having at least 4 lanes with
30        not less than 2 lanes proceeding in the same direction as
31        the approaching vehicle; or
32             (2)  proceeding with due caution, reduce  the  speed
33        of  the  vehicle,  maintaining  a  safe  speed  for  road
 
SB1657 Enrolled            -4-                SRS92SB0053AKcp
 1        conditions,  if  changing  lanes  would  be impossible or
 2        unsafe.
 3        (a-2)  A person who violates  subsection  (a-1)  of  this
 4    Section  commits  a  business offense punishable by a fine of
 5    not more than $10,000.  A person  charged  with  the  offense
 6    must  appear  in court to answer the charges.  It is a factor
 7    in aggravation if the person committed the offense  while  in
 8    violation of Section 11-501 of this Code.
 9        (a-3)  If a violation of subsection (a-1) of this Section
10    results  in  damage  to  the  property  of another person, in
11    addition to any other penalty imposed, the  person's  driving
12    privileges  shall be suspended for a fixed period of not less
13    than 90 days and not more than one year.
14        (a-4)  If a violation of subsection (a-1) of this Section
15    results in injury to another person, in addition to any other
16    penalty imposed, the person's  driving  privileges  shall  be
17    suspended  for  a  fixed period of not less than 180 days and
18    not more than 2 years.
19        (a-5)  If a violation of subsection (a-1) of this Section
20    results in the death of another person, in  addition  to  any
21    other  penalty imposed, the person's driving privileges shall
22    be suspended for 2 years.
23        (a-6)  The Secretary of State  shall,  upon  receiving  a
24    record   of   a  judgment  entered  against  a  person  under
25    subsection (a-1) of this Section:
26             (1)  suspend the person's driving privileges for the
27        mandatory period; or
28             (2)  extend the period of an existing suspension  by
29        the appropriate mandatory period.
30        (b)  The driver of a vehicle shall yield the right of way
31    to  any  authorized vehicle obviously and actually engaged in
32    work  upon  a  highway  whenever  the  vehicle   engaged   in
33    construction  or maintenance work displays flashing lights as
34    provided in Section 12-215 of this Act.
 
SB1657 Enrolled            -5-                SRS92SB0053AKcp
 1        (c)  The driver of a vehicle shall stop if signaled to do
 2    so by a flagger or a traffic control  signal  and  remain  in
 3    such  position  until  signaled  to proceed. If a driver of a
 4    vehicle fails to stop when signaled to do so  by  a  flagger,
 5    the  flagger  is  authorized  to  report  such offense to the
 6    State's  Attorney or  authorized  prosecutor.  The  penalties
 7    imposed  for  a  violation of this subsection (c) shall be in
 8    addition  to  any  penalties  imposed  for  a  violation   of
 9    subsection (a-1).
10    (Source: P.A. 86-611.)

11        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
12        Sec. 12-215.  Oscillating, rotating or flashing lights on
13    motor vehicles. Except as otherwise provided in this Code:
14        (a)  The  use  of  red  or white oscillating, rotating or
15    flashing lights, whether lighted or unlighted, is  prohibited
16    except on:
17             1.  Law  enforcement  vehicles  of State, Federal or
18        local authorities;
19             2.  A vehicle operated by a police officer or county
20        coroner   and   designated   or   authorized   by   local
21        authorities, in writing, as a  law  enforcement  vehicle;
22        however,   such  designation  or  authorization  must  be
23        carried in the vehicle;
24             3.  Vehicles of local fire departments and State  or
25        federal firefighting vehicles;
26             4.  Vehicles which are designed and used exclusively
27        as  ambulances  or  rescue  vehicles;  furthermore,  such
28        lights  shall not be lighted except when responding to an
29        emergency call for and while actually conveying the  sick
30        or injured;
31             5.  Tow  trucks  licensed  in  a state that requires
32        such  lights;  furthermore,  such  lights  shall  not  be
33        lighted on any such tow truck  while  the  tow  truck  is
 
SB1657 Enrolled            -6-                SRS92SB0053AKcp
 1        operating in the State of Illinois; and
 2             6.  Vehicles  of  the  Illinois Emergency Management
 3        Agency, and vehicles of the Department of Nuclear Safety.
 4        (b)  The use of amber oscillating, rotating  or  flashing
 5    lights,  whether  lighted  or unlighted, is prohibited except
 6    on:
 7             1.  Second division vehicles designed and  used  for
 8        towing  or  hoisting  vehicles;  furthermore, such lights
 9        shall not be lighted except as required in this paragraph
10        1; such lights shall be lighted when  such  vehicles  are
11        actually  being  used   at  the  scene  of an accident or
12        disablement; if the towing vehicle  is  equipped  with  a
13        flat  bed  that  supports all wheels of the vehicle being
14        transported, the lights shall not be  lighted  while  the
15        vehicle  is engaged in towing on a highway; if the towing
16        vehicle is not equipped with a flat bed that supports all
17        wheels of a vehicle being transported, the  lights  shall
18        be  lighted while the towing vehicle is engaged in towing
19        on a highway during all times when the use of  headlights
20        is required under Section 12-201 of this Code;
21             2.  Motor  vehicles  or  equipment  of  the State of
22        Illinois, local authorities and contractors; furthermore,
23        such lights  shall  not  be  lighted  except  while  such
24        vehicles  are  engaged  in  maintenance  or  construction
25        operations within the limits of construction projects;
26             3.  Vehicles  or  equipment  used  by engineering or
27        survey crews;  furthermore,  such  lights  shall  not  be
28        lighted  except  while such vehicles are actually engaged
29        in work on a highway;
30             4.  Vehicles of public utilities, municipalities, or
31        other construction,  maintenance  or  automotive  service
32        vehicles except that such lights shall be lighted only as
33        a  means  for  indicating  the  presence  of  a vehicular
34        traffic hazard requiring  unusual  care  in  approaching,
 
SB1657 Enrolled            -7-                SRS92SB0053AKcp
 1        overtaking  or passing while such vehicles are engaged in
 2        maintenance, service or construction on a highway;
 3             5.  Oversized vehicle or load; however, such  lights
 4        shall  only be lighted when moving under permit issued by
 5        the Department under Section 15-301 of this Code;
 6             6.  The front and rear of motorized equipment  owned
 7        and  operated  by  the State of Illinois or any political
 8        subdivision thereof,  which  is  designed  and  used  for
 9        removal of snow and ice from highways;
10             7.  Fleet  safety  vehicles  registered  in  another
11        state,  furthermore,  such  lights  shall  not be lighted
12        except as provided for in Section 12-212 of this Code;
13             8.  Such other vehicles  as  may  be  authorized  by
14        local authorities;
15             9.  Law  enforcement  vehicles  of  State  or  local
16        authorities   when   used   in   combination   with   red
17        oscillating, rotating or flashing lights;
18             10.  Vehicles used for collecting or delivering mail
19        for  the  United States Postal Service provided that such
20        lights shall not be lighted except when such vehicles are
21        actually being used for such purposes;
22             11.  Any vehicle displaying  a  slow-moving  vehicle
23        emblem as provided in Section 12-205.1;
24             12.  All  trucks  equipped  with  self-compactors or
25        roll-off hoists and roll-on  containers  for  garbage  or
26        refuse  hauling.  Such lights shall not be lighted except
27        when such vehicles  are  actually  being  used  for  such
28        purposes;
29             13.  Vehicles  used  by  a  security  company, alarm
30        responder, or control agency, if  the  security  company,
31        alarm responder, or control agency is bound by a contract
32        with  a federal, State, or local government entity to use
33        the lights; and
34             14.  Security vehicles of the  Department  of  Human
 
SB1657 Enrolled            -8-                SRS92SB0053AKcp
 1        Services; however, the lights shall not be lighted except
 2        when  being  used for security related purposes under the
 3        direction of the superintendent of the facility where the
 4        vehicle is located; and
 5             15.  Vehicles of union representatives, except  that
 6        the  lights  shall  be  lighted only while the vehicle is
 7        within the limits of a construction project or while  the
 8        vehicle is parked alongside any roadway.
 9        (c)  The  use  of  blue oscillating, rotating or flashing
10    lights, whether lighted or unlighted,  is  prohibited  except
11    on:
12             1.  Rescue  squad  vehicles  not  owned  by  a  fire
13        department and vehicles owned or fully operated by a:
14                  voluntary firefighter;
15                  paid firefighter;
16                  part-paid firefighter;
17                  call firefighter;
18                  member  of  the  board  of  trustees  of a fire
19             protection district;
20                  paid or unpaid member of a rescue squad; or
21                  paid or unpaid member of a voluntary  ambulance
22             unit.
23             However,  such  lights  are not to be lighted except
24        when responding to a bona fide emergency.
25             2.  Police department vehicles in  cities  having  a
26        population of 500,000 or more inhabitants.
27             3.  Law  enforcement  vehicles  of  State  or  local
28        authorities   when   used   in   combination   with   red
29        oscillating, rotating or flashing lights.
30             4.  Vehicles  of local fire departments and State or
31        federal firefighting vehicles when  used  in  combination
32        with red oscillating, rotating or flashing lights.
33             5.  Vehicles which are designed and used exclusively
34        as ambulances or rescue vehicles when used in combination
 
SB1657 Enrolled            -9-                SRS92SB0053AKcp
 1        with   red  oscillating,  rotating  or  flashing  lights;
 2        furthermore, such lights shall not be lighted except when
 3        responding to an emergency call.
 4             6.  Vehicles that are equipped and used  exclusively
 5        as organ transport vehicles when used in combination with
 6        red    oscillating,   rotating,   or   flashing   lights;
 7        furthermore, these lights shall only be lighted when  the
 8        transportation  is  declared  an emergency by a member of
 9        the transplant team or  a  representative  of  the  organ
10        procurement organization.
11             7.  Vehicles  of  the  Illinois Emergency Management
12        Agency and vehicles of the Department of Nuclear  Safety,
13        when  used in combination with red oscillating, rotating,
14        or flashing lights.
15        (c-1)  In addition to the blue oscillating, rotating,  or
16    flashing   lights   permitted   under   subsection  (c),  and
17    notwithstanding subsection  (a),  a  vehicle  operated  by  a
18    voluntary  firefighter, a voluntary member of a rescue squad,
19    or a member of a voluntary ambulance  unit  may  be  equipped
20    with  flashing  white headlights and blue grill lights, which
21    may be used only in responding to an emergency call.
22        (d)  The  use  of  a  combination  of  amber  and   white
23    oscillating,  rotating or flashing lights, whether lighted or
24    unlighted, is prohibited except motor vehicles  or  equipment
25    of the State of Illinois, local authorities, and contractors,
26    and  union  representatives  may be so equipped; furthermore,
27    such lights shall not be lighted on vehicles of the State  of
28    Illinois,  local  authorities,  and  contractors except while
29    such  vehicles  are  engaged  in   highway   maintenance   or
30    construction   operations   within   the  limits  of  highway
31    construction projects,  and  shall  not  be  lighted  on  the
32    vehicles  of union representatives except when those vehicles
33    are within the limits of construction projects or are  parked
34    alongside any roadway.
 
SB1657 Enrolled            -10-               SRS92SB0053AKcp
 1        (e)  All   oscillating,   rotating   or  flashing  lights
 2    referred to in this Section shall be of sufficient intensity,
 3    when illuminated,  to  be  visible  at  500  feet  in  normal
 4    sunlight.
 5        (f)  Nothing   in   this   Section   shall   prohibit   a
 6    manufacturer  of  oscillating, rotating or flashing lights or
 7    his representative from temporarily mounting such lights on a
 8    vehicle for demonstration purposes only.
 9        (g)  Any person violating the provisions  of  subsections
10    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
11    authority stops or detains or  attempts  to  stop  or  detain
12    another person shall be guilty of a Class 4 felony.
13        (h)  Except  as  provided  in  subsection  (g) above, any
14    person violating the provisions of subsections (a) or (c)  of
15    this Section shall be guilty of a Class A misdemeanor.
16    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
17    92-407, eff. 8-17-01; revised 9-12-01)

18        Section 10.  Severability.  The provisions  of  this  Act
19    are severable under Section 1.31 of the Statute on Statutes.

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