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.)