96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5674


 
Introduced 2/9/2010, by Rep. Ronald A. Wait
 
SYNOPSIS AS INTRODUCED:
 		








  



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







    Amends the Illinois Vehicle Code. Provides that audible signals shall be used to warn pedestrians and other drivers of an authorized emergency vehicle's approach. Provides that the driver of a police vehicle must: (1) activate oscillating, rotating, or flashing lights at all times during an emergency response when the maximum speed limit or other traffic regulations are disregarded; (2) use sirens to warn pedestrians and other persons of his or her approach during an emergency response situation; and when the maximum speed limit or other traffic regulations are disregarded; and (3) drive with due regard for the safety of other persons and exercise due care when operating a police vehicle. Provides that the driver of a police vehicle may use a covert approach during an emergency response situation when the situation dictates such covert approach, but must comply with all traffic laws if not utilizing lights and sirens as required by this Act. Defines "emergency response situation". Effective immediately.
















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A BILL FOR









 











HB5674

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    AN ACT concerning transportation, which may be referred to 
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as Bachman's Law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:



 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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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.