Public Act 093-0705
 
SB2502 Enrolled LRB093 16221 DRH 41854 b

    AN ACT concerning vehicles.
 
    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
Sections 11-907 and 11-908 as follows:
 
    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
    Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
    (a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal,
        (1) the driver of every other vehicle shall yield the
    right-of-way and shall immediately drive to a position
    parallel to, and as close as possible to, the right-hand
    edge or curb of the highway clear of any intersection and
    shall, if necessary to permit the safe passage of the
    emergency vehicle, stop and remain in such position until
    the authorized emergency vehicle has passed, unless
    otherwise directed by a police officer and
        (2) the operator of every streetcar shall immediately
    stop such car clear of any intersection and keep it in such
    position until the authorized emergency vehicle has
    passed, unless otherwise directed by a police officer.
    (b) This Section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
    (c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
signal by displaying alternately flashing red, red and white,
blue, or red and blue lights or amber or yellow warning lights,
a person who drives an approaching vehicle shall:
        (1) proceeding with due caution, yield the
    right-of-way by making a lane change into a lane not
    adjacent to that of the authorized emergency vehicle, if
    possible with due regard to safety and traffic conditions,
    if on a highway having at least 4 lanes with not less than
    2 lanes proceeding in the same direction as the approaching
    vehicle; or
        (2) proceeding with due caution, reduce the speed of
    the vehicle, maintaining a safe speed for road conditions,
    if changing lanes would be impossible or unsafe.
    As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
    (d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $100 or more than $10,000. A person charged with the
offense must appear in court to answer the charges. It is a
factor in aggravation if the person committed the offense while
in violation of Section 11-501 of this Code.
    (e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
    (f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
    (g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall be
suspended for 2 years.
    (h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
        (1) suspend the person's driving privileges for the
    mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.
(Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03; 93-173,
eff. 7-11-03.)
 
    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
    Sec. 11-908. Vehicle approaching or entering a highway
construction or maintenance area or zone.
    (a) The driver of a vehicle shall yield the right of way to
any authorized vehicle or pedestrian actually engaged in work
upon a highway within any highway construction or maintenance
area indicated by official traffic-control devices.
    (a-1) Upon entering a construction or maintenance zone when
workers are present, a person who drives a vehicle shall:
        (1) proceeding with due caution, make a lane change
    into a lane not adjacent to that of the workers present, if
    possible with due regard to safety and traffic conditions,
    if on a highway having at least 4 lanes with not less than
    2 lanes proceeding in the same direction as the approaching
    vehicle; or
        (2) proceeding with due caution, reduce the speed of
    the vehicle, maintaining a safe speed for road conditions,
    if changing lanes would be impossible or unsafe.
    (a-2) A person who violates subsection (a-1) of this
Section commits a business offense punishable by a fine of not
less than $100 and not more than $10,000. A person charged with
the offense must appear in court to answer the charges. It is a
factor in aggravation if the person committed the offense while
in violation of Section 11-501 of this Code.
    (a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
    (a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
    (a-5) If a violation of subsection (a-1) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall be
suspended for 2 years.
    (a-6) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (a-1)
of this Section:
        (1) suspend the person's driving privileges for the
    mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.
    (b) The driver of a vehicle shall yield the right of way to
any authorized vehicle obviously and actually engaged in work
upon a highway whenever the vehicle engaged in construction or
maintenance work displays flashing lights as provided in
Section 12-215 of this Act.
    (c) The driver of a vehicle shall stop if signaled to do so
by a flagger or a traffic control signal and remain in such
position until signaled to proceed. If a driver of a vehicle
fails to stop when signaled to do so by a flagger, the flagger
is authorized to report such offense to the State's Attorney or
authorized prosecutor. The penalties imposed for a violation of
this subsection (c) shall be in addition to any penalties
imposed for a violation of subsection (a-1).
(Source: P.A. 92-872, eff. 6-1-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2004