Public Act 90-0086 of the 90th General Assembly

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Public Act 90-0086

SB543 Enrolled                                 LRB9003028NTsb

    AN ACT to amend  the  Illinois  Vehicle  Code  by  adding
Section 1-105.5 and changing Sections 11-208.3 and 11-306.

    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
adding  Section  1-105.5  and  changing Sections 11-208.3 and
11-306 as follows:

    (625 ILCS 5/1-105.5 new)
    Sec. 1-105.5.  Automated red light enforcement system.  A
system  in a municipality with a population of  1,000,000  or
more operated by a governmental agency, in cooperation with a
law enforcement agency, that photographically records a motor
vehicle's  response  to  a  traffic control signal with a red
light indication and is designed to obtain a clear photograph
of the vehicle and the vehicle's license plate when the motor
vehicle is involved in a motor vehicle accident, leaving  the
scene  of  a motor vehicle accident, or reckless driving that
results in bodily injury.

    (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
    Sec. 11-306.   Traffic-control  signal  legend.  Whenever
traffic  is  controlled by traffic-control signals exhibiting
different   colored   lights   or   color   lighted   arrows,
successively one at a time or in combination, only the colors
Green, Red and Yellow  shall  be  used,  except  for  special
pedestrian  signals  carrying  a  word legend, and the lights
shall  indicate  and  apply  to  drivers  of   vehicles   and
pedestrians as follows:
    (a)  Green indication.
    (1)  Vehicular traffic facing a circular green signal may
proceed  straight through or turn right or left unless a sign
at such place prohibits either such turn.  Vehicular traffic,
including vehicles turning right or  left,  shall  yield  the
right  of  way  to other vehicles and to pedestrians lawfully
within the intersection or an adjacent crosswalk at the  time
such signal is exhibited.
    2.  Vehicular  traffic facing a green arrow signal, shown
alone  or  in  combination  with  another   indication,   may
cautiously  enter  the intersection only to make the movement
indicated by  such  arrow,  or  such  other  movement  as  is
permitted  by other indications shown at the same time.  Such
vehicular traffic shall yield the right of way to pedestrians
lawfully within an adjacent crosswalk and  to  other  traffic
lawfully using the intersection.
    3.  Unless  otherwise  directed  by  a pedestrian-control
signal, as provided in Section 11-307, pedestrians facing any
green signal, except when the sole green  signal  is  a  turn
arrow,  may  proceed  across the roadway within any marked or
unmarked crosswalk.
    (b)  Steady yellow indication.
    1.  Vehicular traffic facing a steady circular yellow  or
yellow  arrow signal is thereby warned that the related green
movement is being terminated or that a red indication will be
exhibited immediately thereafter.
    2.  Pedestrians facing a steady circular yellow or yellow
arrow   signal,    unless    otherwise    directed    by    a
pedestrian-control  signal as provided in Section 11-307, are
thereby advised that there is insufficient time to cross  the
roadway  before  a  red indication is shown and no pedestrian
shall then start to cross the roadway.
    (c)  Steady red indication.
    1.  Except as provided in paragraph 3 of  subsection  (c)
of  this  Section, vehicular traffic facing a steady circular
red signal alone shall stop at a clearly  marked  stop  line,
but  if  there  is  no  such  stop  line, before entering the
crosswalk on the near side of the intersection, or  if  there
is  no such crosswalk, then before entering the intersection,
and shall remain standing until an indication to  proceed  is
shown.
    2.  Except  as  provided in paragraph 3 of subsection (c)
of this Section, vehicular traffic facing a steady red  arrow
signal  shall not enter the intersection to make the movement
indicated by the arrow and, unless entering the  intersection
to make a movement permitted by another signal, shall stop at
a  clearly  marked  stop  line,  but if there is no such stop
line, before entering the crosswalk on the near side  of  the
intersection,  or  if there is no such crosswalk, then before
entering the intersection, and shall remain standing until an
indication permitting the  movement  indicated  by  such  red
arrow is shown.
    3.  Except when a sign is in place prohibiting a turn and
local  authorities  by ordinance or State authorities by rule
or regulation  prohibit  any  such  turn,  vehicular  traffic
facing  any  steady  red  signal  may  cautiously  enter  the
intersection  to  turn  right, or to turn left from a one-way
street into a one-way street, after stopping as  required  by
paragraph 1 or paragraph 2 of subsection (c) of this Section.
After  stopping,  the  driver shall yield the right of way to
any vehicle in the intersection  or  approaching  on  another
roadway  so  closely  as  to  constitute  an immediate hazard
during the time such driver is moving across  or  within  the
intersection  or  junction  or  roadways.   Such driver shall
yield the right of way to pedestrians within the intersection
or an adjacent crosswalk.
    4.  Unless otherwise  directed  by  a  pedestrian-control
signal  as  provided  in Section 11-307, pedestrians facing a
steady circular red or red arrow signal alone shall not enter
the roadway.
    5.  A municipality with a population of 1,000,000 or more
may enact an ordinance  that  provides  for  the  use  of  an
automated  red light enforcement system to enforce violations
of this subsection (c) that result  in  or  involve  a  motor
vehicle  accident,  leaving  the  scene  of  a  motor vehicle
accident, or reckless driving that results in bodily injury.
    This paragraph 5 is subject to  prosecutorial  discretion
that is consistent with applicable law.
    (d)  In  the  event an official traffic control signal is
erected and maintained at a place other than an intersection,
the provisions of this Section shall be applicable except  as
to  provisions which by their nature can have no application.
Any stop required shall be at a traffic sign or a marking  on
the  pavement  indicating where the stop shall be made or, in
the absence of such sign or marking, the stop shall  be  made
at the signal.
    (e)  The  motorman  of any streetcar shall obey the above
signals as applicable to vehicles.
(Source: P.A. 84-873.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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