Public Act 095-0105
 
HB1475 Enrolled LRB095 08466 DRH 28644 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-1414 as follows:
 
    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
    Sec. 11-1414. Approaching, overtaking, and passing school
bus.
    (a) The driver of a vehicle shall stop such vehicle before
meeting or overtaking, from either direction, any school bus
stopped at any location for the purpose of receiving or
discharging pupils. Such stop is required before reaching the
school bus when there is in operation on the school bus the
visual signals as specified in Sections 12-803 and 12-805 of
this Code. The driver of the vehicle shall not proceed until
the school bus resumes motion or the driver of the vehicle is
signaled by the school bus driver to proceed or the visual
signals are no longer actuated.
    (b) The stop signal arm required by Section 12-803 of this
Code shall be extended after the school bus has come to a
complete stop for the purpose of loading or discharging pupils
and shall be closed before the school bus is placed in motion
again. The stop signal arm shall not be extended at any other
time.
    (c) The alternately flashing red signal lamps of an 8-lamp
flashing signal system required by Section 12-805 of this Code
shall be actuated after the school bus has come to a complete
stop for the purpose of loading or discharging pupils and shall
be turned off before the school bus is placed in motion again.
The red signal lamps shall not be actuated at any other time
except as provided in paragraph (d) of this Section.
    (d) The alternately flashing amber signal lamps of an
8-lamp flashing signal system required by Section 12-805 of
this Code shall be actuated continuously during not less than
the last 100 feet traveled by the school bus before stopping
for the purpose of loading or discharging pupils within an
urban area and during not less than the last 200 feet traveled
by the school bus outside an urban area. The amber signal lamps
shall remain actuated until the school bus is stopped. The
amber signal lamps shall not be actuated at any other time.
    (d-5) The alternately flashing head lamps permitted by
Section 12-805 of this Code may be operated while the
alternately flashing red or amber signal lamps required by that
Section are actuated.
    (e) The driver of a vehicle upon a highway having 4 or more
lanes which permits at least 2 lanes of traffic to travel in
opposite directions need not stop such vehicle upon meeting a
school bus which is stopped in the opposing roadway; and need
not stop such vehicle when driving upon a controlled access
highway when passing a school bus traveling in either direction
that is stopped in a loading zone adjacent to the surfaced or
improved part of the controlled access highway where
pedestrians are not permitted to cross.
    (f) Beginning with the effective date of this amendatory
Act of 1985, the Secretary of State shall suspend for a period
of 3 months the driving privileges of any person convicted of a
violation of subsection (a) of this Section or a similar
provision of a local ordinance; the Secretary shall suspend for
a period of one year the driving privileges of any person
convicted of a second or subsequent violation of subsection (a)
of this Section or a similar provision of a local ordinance if
the second or subsequent violation occurs within 5 years of a
prior conviction for the same offense. In addition to the
suspensions authorized by this Section, any person convicted of
violating this Section or a similar provision of a local
ordinance shall be subject to a mandatory fine of $150 or, upon
a second or subsequent violation, $500. The Secretary may also
grant, for the duration of any suspension issued under this
subsection, a restricted driving permit granting the privilege
of driving a motor vehicle between the driver's residence and
place of employment or within other proper limits that the
Secretary of State shall find necessary to avoid any undue
hardship. A restricted driving permit issued hereunder shall be
subject to cancellation, revocation and suspension by the
Secretary of State in like manner and for like cause as a
driver's license may be cancelled, revoked or suspended; except
that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension or
cancellation of the restricted driving permit. The Secretary of
State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be included
as an offense for the purposes of determining suspension action
under any other provision of this Code, provided however, that
the penalties provided under this subsection shall be imposed
unless those penalties imposed under other applicable
provisions are greater.
    The owner of any vehicle alleged to have violated paragraph
(a) of this Section shall, upon appropriate demand by the
State's Attorney or other designated person authorized
prosecutor acting in response to a signed complaint, provide a
written statement or deposition identifying the operator of the
vehicle if such operator was not the owner at the time of the
alleged violation. Failure to supply such information shall
result in the suspension of the vehicle registration of the
vehicle for a period of 3 months be construed to be the same as
a violation of paragraph (a) and shall be subject to the same
penalties herein provided. In the event the owner has assigned
control for the use of the vehicle to another, the person to
whom control was assigned shall comply with the provisions of
this paragraph and be subject to the same penalties as herein
provided.
(Source: P.A. 93-180, eff. 7-11-03; 93-181, eff. 1-1-04;
revised 8-12-03.)