Vehicles & Safety Committee
Adopted in House Comm. on Mar 11, 2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 795 




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    AMENDMENT NO. ______. Amend House Bill 795 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Vehicle Code is amended  by 
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changing Section 11-205 as follows:
 



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    (625 ILCS 5/11-205)  (from Ch. 95 1/2, par. 11-205)



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    Sec. 11-205. Public officers and employees to obey 
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Act-Exceptions. 


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    (a) The provisions of this Chapter applicable to the 
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drivers of vehicles
upon the highways shall apply to the 
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drivers of all vehicles owned or
operated by the United States, 
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this State or any county, city, town,
district or any other 
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political subdivision of the State, except as
provided in this 
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Section and subject to such specific exceptions as set
forth in 
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this Chapter with reference to authorized emergency vehicles.

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    (b) The driver of an authorized emergency vehicle, when 
 


 






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responding to an
emergency call or when in the pursuit of an 
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actual or suspected violator of
the law or when responding to 
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but not upon returning from a fire alarm, may
exercise the 
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privileges set forth in this Section, but subject to the

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conditions herein stated.

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    (c) The driver of an authorized emergency vehicle may:


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        1. Park or stand, irrespective of the provisions of 
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    this Chapter;


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        2. Proceed past a red or stop signal or stop sign, but 
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    only after
slowing down as may be required and necessary 
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    for safe operation;


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        3. Exceed the maximum speed limits so long as he does 
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    not endanger life
or property;


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        4. Disregard regulations governing direction of 
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    movement or turning in
specified directions.


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    (d) The
exceptions herein granted to an authorized 
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emergency vehicle,
other than a police vehicle, shall apply 
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only when the vehicle is making
use of either an audible signal 
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when in motion or visual signals meeting
the requirements of 
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Section 12-215 of this Act. Audible signals shall be used to 
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warn
pedestrians and other drivers of its approach. 

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    (d-5) The driver of a police vehicle must:
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        1. activate oscillating, rotating, or flashing
lights 
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    at all times during an
emergency response when the maximum 
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    speed limit or other traffic
regulations are disregarded in 
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    accordance with subsection (c).
 


 






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        2. use sirens to warn pedestrians and other
persons of 
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    his or her approach during an emergency response
situation; 
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    and  when the maximum speed limit or other traffic

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    regulations are disregarded in accordance with subsection 
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    (c).
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        3. drive with due regard for the safety of other

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    persons and exercise due care when operating a police

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    vehicle.
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    The driver of a police vehicle may use a



covert approach 
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during an emergency response situation when the
situation 
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dictates such covert approach, but
 must comply with all
traffic 
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laws if not utilizing lights and sirens as required by this 
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Act. 
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    For the purposes of this subsection (d-5):
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        "Emergency response situation" means an incident or 
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    call in which the
responding officer reasonably believes 
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    that the
probability of death, personal injury, or the 
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    apprehension
of suspected offenders exists and a rapid 
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    response by a law
enforcement officer will reduce the 
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    seriousness of the
incident. 
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    (e) The foregoing provisions do not relieve the driver of 
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an authorized
emergency vehicle from the duty of driving with 
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due regard for the safety
of all persons, nor do such 
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provisions protect the driver from the
consequences of his 
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reckless disregard for the safety of others.

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    (f) Unless specifically made applicable, the provisions
of 
 


 






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this Chapter, except those contained in
Section 11-204 and 
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Articles IV and V of this Chapter, shall not
apply to persons, 
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motor vehicles and equipment while
actually engaged in work 
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upon a highway but shall
apply to such persons and vehicles 
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when traveling to or from such work.

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(Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".