093_HB0385enr HB0385 Enrolled LRB093 04395 LCB 04445 b 1 AN ACT concerning vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 11-907 as follows: 6 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) 7 (Text of Section before amendment by P.A. 92-872) 8 Sec. 11-907. Operation of vehicles and streetcars on 9 approach of authorized emergency vehicles. 10 (a) Upon the immediate approach of an authorized 11 emergency vehicle making use of audible and visual signals 12 meeting the requirements of this Code or a police vehicle 13 properly and lawfully making use of an audible or visual 14 signal, 15 (1) the driver of every other vehicle shall yield 16 the right-of-way and shall immediately drive to a 17 position parallel to, and as close as possible to, the 18 right-hand edge or curb of the highway clear of any 19 intersection and shall, if necessary to permit the safe 20 passage of the emergency vehicle, stop and remain in such 21 position until the authorized emergency vehicle has 22 passed, unless otherwise directed by a police officer and 23 (2) the operator of every streetcar shall 24 immediately stop such car clear of any intersection and 25 keep it in such position until the authorized emergency 26 vehicle has passed, unless otherwise directed by a police 27 officer. 28 (b) This Section shall not operate to relieve the driver 29 of an authorized emergency vehicle from the duty to drive 30 with due regard for the safety of all persons using the 31 highway. HB0385 Enrolled -2- LRB093 04395 LCB 04445 b 1 (c) Upon approaching a stationary authorized emergency 2 vehicle, when the authorized emergency vehicle is giving a 3 signal by displaying alternately flashing red, red and white, 4 blue, or red and blue lights or amber or yellow warning 5 lights, a person who drives an approaching vehicle shall: 6 (1) proceeding with due caution, yield the 7 right-of-way by making a lane change into a lane not 8 adjacent to that of the authorized emergency vehicle, if 9 possible with due regard to safety and traffic 10 conditions, if on a highway having at least 4 lanes with 11 not less than 2 lanes proceeding in the same direction as 12 the approaching vehicle; or 13 (2) proceeding with due caution, reduce the speed 14 of the vehicle, maintaining a safe speed for road 15 conditions, if changing lanes would be impossible or 16 unsafe. 17 As used in this subsection (c), "authorized emergency 18 vehicle" includes any vehicle authorized by law to be 19 equipped with oscillating, rotating, or flashing lights under 20 Section 12-215 of this Code, while the owner or operator of 21 the vehicle is engaged in his or her official duties. 22 (d) A person who violates subsection (c) of this Section 23 commits a business offense punishable by a fine of not less 24 than $100 or more than $10,000. It is a factor in 25 aggravation if the person committed the offense while in 26 violation of Section 11-501 of this Code. 27 (e) If a violation of subsection (c) of this Section 28 results in damage to the property of another person, in 29 addition to any other penalty imposed, the person's driving 30 privileges shall be suspended for a fixed period of not less 31 than 90 days and not more than one year. 32 (f) If a violation of subsection (c) of this Section 33 results in injury to another person, in addition to any other 34 penalty imposed, the person's driving privileges shall be HB0385 Enrolled -3- LRB093 04395 LCB 04445 b 1 suspended for a fixed period of not less than 180 days and 2 not more than 2 years. 3 (g) If a violation of subsection (c) of this Section 4 results in the death of another person, in addition to any 5 other penalty imposed, the person's driving privileges shall 6 be suspended for 2 years. 7 (h) The Secretary of State shall, upon receiving a 8 record of a judgment entered against a person under 9 subsection (c) of this Section: 10 (1) suspend the person's driving privileges for the 11 mandatory period; or 12 (2) extend the period of an existing suspension by 13 the appropriate mandatory period. 14 (Source: P.A. 92-283, eff. 1-1-02.) 15 (Text of Section after amendment by P.A. 92-872) 16 Sec. 11-907. Operation of vehicles and streetcars on 17 approach of authorized emergency vehicles. 18 (a) Upon the immediate approach of an authorized 19 emergency vehicle making use of audible and visual signals 20 meeting the requirements of this Code or a police vehicle 21 properly and lawfully making use of an audible or visual 22 signal, 23 (1) the driver of every other vehicle shall yield 24 the right-of-way and shall immediately drive to a 25 position parallel to, and as close as possible to, the 26 right-hand edge or curb of the highway clear of any 27 intersection and shall, if necessary to permit the safe 28 passage of the emergency vehicle, stop and remain in such 29 position until the authorized emergency vehicle has 30 passed, unless otherwise directed by a police officer and 31 (2) the operator of every streetcar shall 32 immediately stop such car clear of any intersection and 33 keep it in such position until the authorized emergency 34 vehicle has passed, unless otherwise directed by a police HB0385 Enrolled -4- LRB093 04395 LCB 04445 b 1 officer. 2 (b) This Section shall not operate to relieve the driver 3 of an authorized emergency vehicle from the duty to drive 4 with due regard for the safety of all persons using the 5 highway. 6 (c) Upon approaching a stationary authorized emergency 7 vehicle, when the authorized emergency vehicle is giving a 8 signal by displaying alternately flashing red, red and white, 9 blue, or red and blue lights or amber or yellow warning 10 lights, a person who drives an approaching vehicle shall: 11 (1) proceeding with due caution, yield the 12 right-of-way by making a lane change into a lane not 13 adjacent to that of the authorized emergency vehicle, if 14 possible with due regard to safety and traffic 15 conditions, if on a highway having at least 4 lanes with 16 not less than 2 lanes proceeding in the same direction as 17 the approaching vehicle; or 18 (2) proceeding with due caution, reduce the speed 19 of the vehicle, maintaining a safe speed for road 20 conditions, if changing lanes would be impossible or 21 unsafe. 22 As used in this subsection (c), "authorized emergency 23 vehicle" includes any vehicle authorized by law to be 24 equipped with oscillating, rotating, or flashing lights under 25 Section 12-215 of this Code, while the owner or operator of 26 the vehicle is engaged in his or her official duties. 27 (d) A person who violates subsection (c) of this Section 28 commits a business offense punishable by a fine of not less 29 than $100 or more than $10,000. A person charged with the 30 offense must appear in court to answer the charges. It is a 31 factor in aggravation if the person committed the offense 32 while in violation of Section 11-501 of this Code. 33 (e) If a violation of subsection (c) of this Section 34 results in damage to the property of another person, in HB0385 Enrolled -5- LRB093 04395 LCB 04445 b 1 addition to any other penalty imposed, the person's driving 2 privileges shall be suspended for a fixed period of not less 3 than 90 days and not more than one year. 4 (f) If a violation of subsection (c) of this Section 5 results in injury to another person, in addition to any other 6 penalty imposed, the person's driving privileges shall be 7 suspended for a fixed period of not less than 180 days and 8 not more than 2 years. 9 (g) If a violation of subsection (c) of this Section 10 results in the death of another person, in addition to any 11 other penalty imposed, the person's driving privileges shall 12 be suspended for 2 years. 13 (h) The Secretary of State shall, upon receiving a 14 record of a judgment entered against a person under 15 subsection (c) of this Section: 16 (1) suspend the person's driving privileges for the 17 mandatory period; or 18 (2) extend the period of an existing suspension by 19 the appropriate mandatory period. 20 (Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.