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Public Act 101-0172


 

Public Act 0172 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0172
 
SB1496 EnrolledLRB101 09850 TAE 54952 b

    AN ACT concerning transportation.
 
    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 11-305 and 11-908 as follows:
 
    (625 ILCS 5/11-305)  (from Ch. 95 1/2, par. 11-305)
    Sec. 11-305. Obedience to and required traffic-control
devices.     (a) The driver of any vehicle shall obey the
instructions of any official traffic-control device applicable
thereto placed or held in accordance with the provisions of
this Act, unless otherwise directed by a police officer,
subject to the exceptions granted the driver of an authorized
emergency vehicle in this Act.
    (b) It is unlawful for any person to leave the roadway and
travel across private property to avoid an official traffic
control device.
    (c) No provision of this Act for which official
traffic-control devices are required shall be enforced against
an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and
sufficiently legible to be seen by an ordinarily observant
person. Whenever a particular section does not state that
official traffic-control devices are required, such section
shall be effective even though no devices are erected or in
place.
    (d) Whenever any official traffic-control device is placed
or held in position approximately conforming to the
requirements of this Act and purports to conform to the lawful
requirements pertaining to such device, such device shall be
presumed to have been so placed or held by the official act or
direction of lawful authority, and comply with the requirements
of this Act, unless the contrary shall be established by
competent evidence.
    (e) The driver of a vehicle approaching a traffic control
signal on which no signal light facing such vehicle is
illuminated shall stop before entering the intersection in
accordance with rules applicable in making a stop at a stop
sign.
    (f) Any violation of subsection (a) that occurs within a
designated highway construction zone or maintenance zone shall
result in a fine of no less than $100 and no more than $1,000.
(Source: P.A. 84-873.)
 
    (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
less than $100 and not more than $25,000 $10,000. 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. 100-201, eff. 8-18-17.)

Effective Date: 1/1/2020