[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0872
SB1657 Re-enrolled SRS92SB0053AKcp
AN ACT in relation to 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, 11-908, and 12-215 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 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.)
(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 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. 86-611.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois; and
6. Vehicles of the Illinois Emergency Management
Agency, and vehicles of the Department of Nuclear Safety.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted while the towing vehicle is engaged in towing
on a highway during all times when the use of headlights
is required under Section 12-201 of this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency, if the security company,
alarm responder, or control agency is bound by a contract
with a federal, State, or local government entity to use
the lights; and
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that
the lights shall be lighted only while the vehicle is
within the limits of a construction project.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Rescue squad vehicles not owned by a fire
department and vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad; or
paid or unpaid member of a voluntary ambulance
unit.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively
as organ transport vehicles when used in combination with
red oscillating, rotating, or flashing lights;
furthermore, these lights shall only be lighted when the
transportation is declared an emergency by a member of
the transplant team or a representative of the organ
procurement organization.
7. Vehicles of the Illinois Emergency Management
Agency and vehicles of the Department of Nuclear Safety,
when used in combination with red oscillating, rotating,
or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped
with flashing white headlights and blue grill lights, which
may be used only in responding to an emergency call.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited except motor vehicles or equipment
of the State of Illinois, local authorities, and contractors,
and union representatives may be so equipped; furthermore,
such lights shall not be lighted on vehicles of the State of
Illinois, local authorities, and contractors except while
such vehicles are engaged in highway maintenance or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles
are within the limits of a construction project.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
92-407, eff. 8-17-01; revised 9-12-01)
Section 10. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Passed in the General Assembly June 01, 2002.
Governor Amendatory Veto August 22, 2002.
General Assembly Accepts Amendatory Veto December 03, 2002.
Returned to Governor for Certification December 12, 2002.
Governor Certifies Changes January 03, 2003.
[ Top ]