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| Public Act 095-0107 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Boat Registration and Safety Act is amended | ||||
by adding Section 5-22 as follows: | ||||
(625 ILCS 45/5-22 new) | ||||
Sec. 5-22. Operation of watercraft upon the approach of an | ||||
authorized emergency watercraft. | ||||
(a) As used in this Section, "authorized emergency | ||||
watercraft" includes any watercraft operated by the Illinois | ||||
Department of Natural Resources Police, the Illinois | ||||
Department of State Police, a county sheriff, a local law | ||||
enforcement agency, a fire department, a provider of emergency | ||||
medical services, or the United States Coast Guard, equipped | ||||
with alternately flashing red, red and white, red and blue, or | ||||
red in combination with white or blue lights, while engaged in | ||||
official duties. Any authorized emergency watercraft must be | ||||
clearly emblazoned with markings identifying it as a watercraft | ||||
operated by the qualifying agency. | ||||
(b) Upon the immediate approach of an authorized emergency | ||||
watercraft making use of rotating or flashing visual signals | ||||
and lawfully making use of a visual signal, the operator of | ||||
every other watercraft
shall yield the right-of-way and shall | ||||
immediately reduce the speed of the watercraft, so as not to | ||
create a wake, and shall yield way to the emergency watercraft, | ||
moving to the right to permit the safe passage of the emergency | ||
watercraft, and shall stop and remain in that position until | ||
the authorized emergency watercraft has passed, unless | ||
otherwise directed by a police officer.
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(c) Upon approaching a stationary authorized emergency | ||
watercraft, when the
authorized emergency watercraft is giving | ||
a signal by displaying rotating or alternately
flashing
red, | ||
red and white, red and blue, or red in combination with white | ||
or blue lights, a
person operating an approaching watercraft | ||
shall proceed with due caution at no-wake speed and yield the | ||
right-of-way by moving safely away from that authorized | ||
emergency watercraft, proceeding with due caution at a no-wake | ||
speed with due regard to safety and water conditions, | ||
maintaining no-wake speed until sufficiently away from the | ||
emergency watercraft so as not to create a wake that would | ||
otherwise rock or otherwise disturb the authorized emergency | ||
watercraft.
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(d) This Section shall not operate to relieve the operator | ||
of an
authorized emergency watercraft from the duty to operate | ||
that watercraft with due regard for the
safety of all persons | ||
using the waterway.
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(e) A person who violates this Section commits a business
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offense punishable by a fine of not less than $100 or more than | ||
$10,000. It is a factor in
aggravation if the person committed | ||
the offense while in violation of Section
5-16 of this Act.
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(f) If a violation of this Section results in damage to
the
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property of another person, in addition to any other penalty | ||
imposed,
the person's watercraft operating privileges shall be | ||
suspended for a fixed
period of not less than 90 days and not | ||
more than one year.
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(g) If a violation of this Section results in injury to
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another
person, in addition to any other penalty imposed,
the | ||
person's watercraft operating privileges shall be suspended | ||
for a fixed period of not
less
than 180
days and not more than 2 | ||
years.
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(h) If a violation of subsection (c) of this Section | ||
results in great bodily harm or permanent disability or | ||
disfigurement to, or the death of,
another person, in addition | ||
to any other penalty imposed,
the person's watercraft operating | ||
privileges shall be suspended for 2 years.
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(i) The Department of Natural Resources shall, upon | ||
receiving a record of a judgment
entered against a person under | ||
this Section:
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(1) suspend the person's watercraft operating | ||
privileges for the mandatory period; or
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(2) extend the period of an existing suspension by the | ||
appropriate
mandatory period.
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