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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||
5 | Sections 12-610.1, 12-610.2, 12-813.1, and 12-816 as follows: | |||||||||||||||||||||||||
6 | (625 ILCS 5/12-610.1) | |||||||||||||||||||||||||
7 | Sec. 12-610.1. Wireless telephones. | |||||||||||||||||||||||||
8 | (a) As used in this Section, "wireless telephone" means
a | |||||||||||||||||||||||||
9 | device that is capable of transmitting or receiving
telephonic | |||||||||||||||||||||||||
10 | communications without a wire connecting the
device to the | |||||||||||||||||||||||||
11 | telephone network. | |||||||||||||||||||||||||
12 | (b) A person under the age of 19 years who holds an | |||||||||||||||||||||||||
13 | instruction permit issued under Section 6-105 or 6-107.1, or a | |||||||||||||||||||||||||
14 | person under the age of 19 years who holds a graduated license | |||||||||||||||||||||||||
15 | issued under Section 6-107, may not drive a vehicle on a | |||||||||||||||||||||||||
16 | roadway while using a wireless phone.
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17 | (c) This Section does not apply to a person under the age | |||||||||||||||||||||||||
18 | of 19 years using a
wireless telephone for emergency purposes, | |||||||||||||||||||||||||
19 | including, but not
limited to, an emergency call to a law | |||||||||||||||||||||||||
20 | enforcement agency,
health care provider, fire department, or | |||||||||||||||||||||||||
21 | other emergency
services agency or entity.
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22 | (d) If a graduated driver's license holder over the age of | |||||||||||||||||||||||||
23 | 18 committed an offense against traffic regulations governing |
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1 | the movement of vehicles or any violation of Section 6-107 or | ||||||
2 | Section 12-603.1 of this Code in the 6 months prior to the | ||||||
3 | graduated driver's license holder's 18th birthday, and was | ||||||
4 | subsequently convicted of the violation, the provisions of | ||||||
5 | paragraph (b) shall continue to apply until such time as a | ||||||
6 | period of 6 consecutive months has elapsed without an | ||||||
7 | additional violation and subsequent conviction of an offense | ||||||
8 | against traffic regulations governing the movement of vehicles | ||||||
9 | or any violation of Section 6-107 or Section 12-603.1 of this | ||||||
10 | Code.
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11 | (e) A person, regardless of age, may not use a wireless
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12 | telephone at any time while operating a motor vehicle on a | ||||||
13 | roadway in a school speed
zone established under Section | ||||||
14 | 11-605, or on a highway in a construction or
maintenance speed | ||||||
15 | zone established under Section 11-605.1.
This subsection (e) | ||||||
16 | does not apply to (i) a person engaged in a
highway | ||||||
17 | construction or maintenance project for which a
construction or | ||||||
18 | maintenance speed zone has been established
under Section | ||||||
19 | 11-605.1, (ii) a person using a wireless
telephone for | ||||||
20 | emergency purposes, including, but not limited to,
law | ||||||
21 | enforcement agency, health care provider, fire department, or | ||||||
22 | other emergency services agency or entity, (iii) a law | ||||||
23 | enforcement officer , school bus driver, or operator of an | ||||||
24 | emergency vehicle when performing his or her the officer's or | ||||||
25 | operator's official duties, or (iv) to a person using a | ||||||
26 | wireless telephone in voice-activated mode. |
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1 | (Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, | ||||||
2 | eff. 8-21-08; 96-131, eff. 1-1-10.) | ||||||
3 | (625 ILCS 5/12-610.2) | ||||||
4 | Sec. 12-610.2. Electronic communication devices. | ||||||
5 | (a) As used in this Section: | ||||||
6 | "Electronic communication device" means an electronic | ||||||
7 | device, including but not limited to a wireless telephone, | ||||||
8 | personal digital assistant, or a portable or mobile computer | ||||||
9 | while being used for the purpose of composing, reading, or | ||||||
10 | sending an electronic message, but does not include a global | ||||||
11 | positioning system or navigation system or a device that is | ||||||
12 | physically or electronically integrated into the motor | ||||||
13 | vehicle. | ||||||
14 | "Electronic message" means a self-contained piece of | ||||||
15 | digital communication that is designed or intended to be | ||||||
16 | transmitted between physical devices. "Electronic message" | ||||||
17 | includes, but is not limited to electronic mail, a text | ||||||
18 | message, an instant message, or a command or request to access | ||||||
19 | an Internet site. | ||||||
20 | (b) A person may not operate a motor vehicle on a roadway | ||||||
21 | while using an electronic communication device to compose, | ||||||
22 | send, or read an electronic message. | ||||||
23 | (c) A violation of this Section is an offense against | ||||||
24 | traffic regulations governing the movement of vehicles. | ||||||
25 | (d) This Section does not apply to: |
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1 | (1) a law enforcement officer , school bus driver, or | ||||||
2 | operator of an emergency vehicle while performing his or | ||||||
3 | her official duties; | ||||||
4 | (2) a driver using an electronic communication device | ||||||
5 | for the sole purpose of reporting an emergency situation | ||||||
6 | and continued communication with emergency personnel | ||||||
7 | during the emergency situation; | ||||||
8 | (3) a driver using an electronic communication device | ||||||
9 | in hands-free or voice-activated mode; or | ||||||
10 | (4) a driver of a commercial motor vehicle reading a | ||||||
11 | message displayed on a permanently installed communication | ||||||
12 | device designed for a commercial motor vehicle with a | ||||||
13 | screen that does not exceed 10 inches tall by 10 inches | ||||||
14 | wide in size; | ||||||
15 | (5) a driver using an electronic communication device | ||||||
16 | while parked on the shoulder of a roadway; or | ||||||
17 | (6) a driver using an electronic communication device | ||||||
18 | when the vehicle is stopped due to normal traffic being | ||||||
19 | obstructed and the driver has the motor vehicle | ||||||
20 | transmission in neutral or park.
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21 | (Source: P.A. 96-130, eff. 1-1-10; revised 11-4-09.)
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22 | (625 ILCS 5/12-813.1)
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23 | Sec. 12-813.1. School bus driver communication devices. | ||||||
24 | (a) In this Section:
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25 | "School bus driver" means a person operating a school bus |
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1 | who has a valid
school bus driver permit as required under | ||||||
2 | Sections 6-104 and 6-106.1 of this
Code.
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3 | "Cellular radio telecommunication device" means a device | ||||||
4 | capable of sending
or receiving telephone communications | ||||||
5 | without an access line for service and
which requires the | ||||||
6 | operator to dial numbers manually. It does not, however,
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7 | include citizens band radios or citizens band radio hybrids.
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8 | "Possession of a school bus" means the period of time from | ||||||
9 | which a bus driver takes possession until the school bus driver | ||||||
10 | returns possession of the school bus, whether or not the school | ||||||
11 | bus driver is operating the school bus. | ||||||
12 | "Using a cellular radio telecommunication device" means | ||||||
13 | talking or listening
to or dialing a cellular radio | ||||||
14 | telecommunication device.
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15 | To "operate" means to have the vehicle in motion while it | ||||||
16 | contains one or
more passengers.
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17 | (b) A school bus driver may not operate a school bus while | ||||||
18 | using a cellular
radio telecommunication device.
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19 | (c) Subsection (b) of this Section does not apply:
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20 | (1) To the use of a cellular radio telecommunication | ||||||
21 | device for the
purpose of communicating with any of the | ||||||
22 | following regarding an emergency
situation:
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23 | (A) an emergency response operator;
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24 | (B) a hospital;
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25 | (C) a
physician's office or health clinic;
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26 | (D) an ambulance service;
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1 | (E) a fire
department, fire district, or fire | ||||||
2 | company; or
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3 | (F) a police department.
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4 | (2) To the use of a cellular radio telecommunication | ||||||
5 | device to call for
assistance in the event that there is a | ||||||
6 | mechanical breakdown or other
mechanical problem that | ||||||
7 | impairs the safe operation of the bus.
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8 | (3) To the use of a cellular radio telecommunication | ||||||
9 | device that has a
digital two-way radio service capability | ||||||
10 | owned and operated by the school
district, when that device | ||||||
11 | is being used as a
digital two-way radio.
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12 | (4) When the school bus is parked.
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13 | (d) A school bus driver who violates subsection (b) of this | ||||||
14 | Section is guilty of a petty
offense punishable by a fine of | ||||||
15 | not less than $100 and not more than $250.
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16 | (e) A school bus must contain an operating two-way
radio or | ||||||
17 | celluar radio telecommunication device while the school bus | ||||||
18 | driver is in possession of a school bus. The two-way radio or | ||||||
19 | celluar radio telecommunication device in this subsection must | ||||||
20 | be turned on and adjusted in a manner that would alert the | ||||||
21 | school bus driver of an incoming communication request. | ||||||
22 | (Source: P.A. 96-818, eff. 11-17-09.)
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23 | (625 ILCS 5/12-816) | ||||||
24 | Sec. 12-816. Pre and post-trip inspection policy for school | ||||||
25 | buses. |
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1 | (a) In order to provide for the welfare and safety of | ||||||
2 | children who are transported on school buses throughout the | ||||||
3 | State of Illinois, each school district shall have in place, by | ||||||
4 | January 1, 2008, a policy to ensure that the school bus driver | ||||||
5 | is the last person leaving the bus and that no passenger is | ||||||
6 | left behind or remains on the vehicle at the end of a route, a | ||||||
7 | work shift, or the work day. This policy and procedure shall, | ||||||
8 | at a minimum, require the school bus driver (i) to test the | ||||||
9 | two-way radio or celluar radio telecommunication device and | ||||||
10 | ensure that it is functioning properly before the bus is | ||||||
11 | operated and (ii) before leaving the bus at the end of each | ||||||
12 | route, work shift, or work day, to walk to the rear of the bus | ||||||
13 | and check the bus for children or other passengers in the bus. | ||||||
14 | (b) If a school district has a contract with a private | ||||||
15 | sector school bus company for the transportation of the | ||||||
16 | district's students, the school district shall require in the | ||||||
17 | contract with the private sector company that the company have | ||||||
18 | a post-trip inspection policy in place.
This policy and | ||||||
19 | procedure shall, at a minimum, require the school bus driver | ||||||
20 | (i) to test the two-way radio or celluar radio | ||||||
21 | telecommunication device and ensure that it is functioning | ||||||
22 | properly before the bus is operated and (ii) before leaving the | ||||||
23 | bus at the end of each route, work shift, or work day, to walk | ||||||
24 | to the rear of the bus and check the bus for children or other | ||||||
25 | passengers in the bus. | ||||||
26 | (c) Before this inspection, the school bus driver shall |
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1 | activate the interior lights of the bus to assist the driver in | ||||||
2 | seeing in and under the seats during a visual sweep of the bus. | ||||||
3 | (d) This policy may include, at the discretion of the | ||||||
4 | school district, the installation of a mechanical or electronic | ||||||
5 | post-trip inspection reminder system which requires the school | ||||||
6 | bus driver to walk to the rear of the bus to deactivate the | ||||||
7 | system before the driver leaves the bus. The system shall | ||||||
8 | require that when the driver turns off the vehicle's ignition | ||||||
9 | system, the vehicle's interior lights must illuminate to assist | ||||||
10 | the driver in seeing in and under the seats during a visual | ||||||
11 | sweep of the bus.
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12 | (Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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