SB1496 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1496

 

Introduced 2/13/2019, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-908  from Ch. 95 1/2, par. 11-908

    Amends the Illinois Vehicle Code. Increases the penalty for violating the Section regarding use of due caution in approaching or entering a highway construction or maintenance area or zone from a maximum fine of $10,000 to a maximum fine of $25,000. Provides that the driver of a vehicle shall avoid encroaching upon any designated highway construction or maintenance zone, and violators shall be fined no less than $100 and no more than $1,000.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-908 as follows:
 
6    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
7    Sec. 11-908. Vehicle approaching or entering a highway
8construction or maintenance area or zone.
9    (a) The driver of a vehicle shall yield the right-of-way to
10any authorized vehicle or pedestrian actually engaged in work
11upon a highway within any highway construction or maintenance
12area indicated by official traffic-control devices.
13    (a-1) Upon entering a construction or maintenance zone when
14workers are present, a person who drives a vehicle shall:
15        (1) proceeding with due caution, make a lane change
16    into a lane not adjacent to that of the workers present, if
17    possible with due regard to safety and traffic conditions,
18    if on a highway having at least 4 lanes with not less than
19    2 lanes proceeding in the same direction as the approaching
20    vehicle; or
21        (2) proceeding with due caution, reduce the speed of
22    the vehicle, maintaining a safe speed for road conditions,
23    if changing lanes would be impossible or unsafe.

 

 

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1    (a-2) A person who violates subsection (a-1) of this
2Section commits a business offense punishable by a fine of not
3less than $100 and not more than $25,000 $10,000. It is a
4factor in aggravation if the person committed the offense while
5in violation of Section 11-501 of this Code.
6    (a-3) If a violation of subsection (a-1) of this Section
7results in damage to the property of another person, in
8addition to any other penalty imposed, the person's driving
9privileges shall be suspended for a fixed period of not less
10than 90 days and not more than one year.
11    (a-4) If a violation of subsection (a-1) of this Section
12results in injury to another person, in addition to any other
13penalty imposed, the person's driving privileges shall be
14suspended for a fixed period of not less than 180 days and not
15more than 2 years.
16    (a-5) If a violation of subsection (a-1) of this Section
17results in the death of another person, in addition to any
18other penalty imposed, the person's driving privileges shall be
19suspended for 2 years.
20    (a-6) The Secretary of State shall, upon receiving a record
21of a judgment entered against a person under subsection (a-1)
22of this Section:
23        (1) suspend the person's driving privileges for the
24    mandatory period; or
25        (2) extend the period of an existing suspension by the
26    appropriate mandatory period.

 

 

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1    (b) The driver of a vehicle shall yield the right-of-way to
2any authorized vehicle obviously and actually engaged in work
3upon a highway whenever the vehicle engaged in construction or
4maintenance work displays flashing lights as provided in
5Section 12-215 of this Act.
6    (c) The driver of a vehicle shall stop if signaled to do so
7by a flagger or a traffic control signal and remain in such
8position until signaled to proceed. If a driver of a vehicle
9fails to stop when signaled to do so by a flagger, the flagger
10is authorized to report such offense to the State's Attorney or
11authorized prosecutor. The penalties imposed for a violation of
12this subsection (c) shall be in addition to any penalties
13imposed for a violation of subsection (a-1).
14    (d) The driver of a vehicle shall avoid encroaching upon
15any designated highway construction or maintenance zone. A
16person who violates this subsection shall be fined no less than
17$100 and no more than $1,000.
18(Source: P.A. 100-201, eff. 8-18-17.)