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92nd General Assembly

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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.

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