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| 1 | AN ACT concerning transportation, which may be referred to | ||||||
| 2 | as Bachman's Law.
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| 3 | Be it enacted by the People of the State of Illinois,
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| 4 | represented in the General Assembly:
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| 5 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 6 | Section 11-205 as follows:
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| 7 | (625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
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| 8 | Sec. 11-205. Public officers and employees to obey | ||||||
| 9 | Act-Exceptions.
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| 10 | (a) The provisions of this Chapter applicable to the | ||||||
| 11 | drivers of vehicles
upon the highways shall apply to the | ||||||
| 12 | drivers of all vehicles owned or
operated by the United States, | ||||||
| 13 | this State or any county, city, town,
district or any other | ||||||
| 14 | political subdivision of the State, except as
provided in this | ||||||
| 15 | Section and subject to such specific exceptions as set
forth in | ||||||
| 16 | this Chapter with reference to authorized emergency vehicles.
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| 17 | (b) The driver of an authorized emergency vehicle, when | ||||||
| 18 | responding to an
emergency call or when in the pursuit of an | ||||||
| 19 | actual or suspected violator of
the law or when responding to | ||||||
| 20 | but not upon returning from a fire alarm, may
exercise the | ||||||
| 21 | privileges set forth in this Section, but subject to the
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| 22 | conditions herein stated.
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| 23 | (c) The driver of an authorized emergency vehicle may:
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| 1 | 1. Park or stand, irrespective of the provisions of | ||||||
| 2 | this Chapter;
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| 3 | 2. Proceed past a red or stop signal or stop sign, but | ||||||
| 4 | only after
slowing down as may be required and necessary | ||||||
| 5 | for safe operation;
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| 6 | 3. Exceed the maximum speed limits so long as he does | ||||||
| 7 | not endanger life
or property;
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| 8 | 4. Disregard regulations governing direction of | ||||||
| 9 | movement or turning in
specified directions.
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| 10 | (d) The
exceptions herein granted to an authorized | ||||||
| 11 | emergency vehicle,
other than a police vehicle, shall apply | ||||||
| 12 | only when the vehicle is making
use of either an audible signal | ||||||
| 13 | when in motion or visual signals meeting
the requirements of | ||||||
| 14 | Section 12-215 of this Act. Audible signals shall be used to | ||||||
| 15 | warn
pedestrians and other drivers of the authorized emergency | ||||||
| 16 | vehicle's approach when the authorized emergency vehicle is | ||||||
| 17 | operating pursuant to an exception under this Section.
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| 18 | (d-5) The driver of a police vehicle must: | ||||||
| 19 | 1. activate oscillating, rotating, or flashing
lights | ||||||
| 20 | at all times during an
emergency response when the maximum | ||||||
| 21 | speed limit or other traffic
regulations are disregarded in | ||||||
| 22 | accordance with subsection (c) of this Section. | ||||||
| 23 | 2. use sirens to warn pedestrians and other
persons of | ||||||
| 24 | his or her approach during an emergency response
situation; | ||||||
| 25 | and when the maximum speed limit or other traffic
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| 26 | regulations are disregarded in accordance with subsection | ||||||
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| 1 | (c) of this Section. | ||||||
| 2 | 3. drive with due regard for the safety of other
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| 3 | persons and exercise due care when operating a police
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| 4 | vehicle. | ||||||
| 5 | The driver of a police vehicle may use a
covert approach | ||||||
| 6 | during an emergency response situation when the
situation | ||||||
| 7 | dictates such covert approach, but
must comply with all
traffic | ||||||
| 8 | laws if not utilizing lights and sirens as required by this | ||||||
| 9 | Code. | ||||||
| 10 | A law enforcement officer driving a police vehicle may | ||||||
| 11 | exceed the posted speed limit without using sirens and activate | ||||||
| 12 | oscillating, rotating, or flashing
lights when the officer is | ||||||
| 13 | attempting to determine the speed of another vehicle that the | ||||||
| 14 | officer has a reasonable suspicion is exceeding the posted | ||||||
| 15 | maximum speed limit, but in no event shall the officer be | ||||||
| 16 | permitted to exceed 80 miles per hour. | ||||||
| 17 | As used in this subsection: | ||||||
| 18 | "Emergency response situation" means an incident or call in | ||||||
| 19 | which the
responding officer reasonably believes that the
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| 20 | probability of death, personal injury, or the apprehension
of | ||||||
| 21 | suspected offenders exists and a rapid response by a law
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| 22 | enforcement officer will reduce the seriousness of the
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| 23 | incident. | ||||||
| 24 | (e) The foregoing provisions do not relieve the driver of | ||||||
| 25 | an authorized
emergency vehicle from the duty of driving with | ||||||
| 26 | due regard for the safety
of all persons, nor do such | ||||||
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| 1 | provisions protect the driver from the
consequences of his | ||||||
| 2 | reckless disregard for the safety of others.
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| 3 | (f) Unless specifically made applicable, the provisions
of | ||||||
| 4 | this Chapter, except those contained in
Section 11-204 and | ||||||
| 5 | Articles IV and V of this Chapter, shall not
apply to persons, | ||||||
| 6 | motor vehicles and equipment while
actually engaged in work | ||||||
| 7 | upon a highway but shall
apply to such persons and vehicles | ||||||
| 8 | when traveling to or from such work.
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| 9 | (Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97.)
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| 10 | Section 99. Effective date. This Act takes effect upon | ||||||
| 11 | becoming law.
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