| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning transportation. | |||||||||||||||||||||
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 Sections 11-907 and 11-908 as follows: | |||||||||||||||||||||
6 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) | |||||||||||||||||||||
7 | Sec. 11-907. Operation of vehicles and streetcars on | |||||||||||||||||||||
8 | approach of authorized emergency vehicles. | |||||||||||||||||||||
9 | (a) Upon the immediate approach of an authorized emergency | |||||||||||||||||||||
10 | vehicle making use of audible and visual signals meeting the | |||||||||||||||||||||
11 | requirements of this Code or a police vehicle properly and | |||||||||||||||||||||
12 | lawfully making use of an audible or visual signal: | |||||||||||||||||||||
13 | (1) the driver of every other vehicle shall yield the | |||||||||||||||||||||
14 | right-of-way and shall immediately drive to a position | |||||||||||||||||||||
15 | parallel to, and as close as possible to, the right-hand | |||||||||||||||||||||
16 | edge or curb of the highway clear of any intersection and | |||||||||||||||||||||
17 | shall, if necessary to permit the safe passage of the | |||||||||||||||||||||
18 | emergency vehicle, stop and remain in such position until | |||||||||||||||||||||
19 | the authorized emergency vehicle has passed, unless | |||||||||||||||||||||
20 | otherwise directed by a police officer; and | |||||||||||||||||||||
21 | (2) the operator of every streetcar shall immediately | |||||||||||||||||||||
22 | stop such car clear of any intersection and keep it in such | |||||||||||||||||||||
23 | position until the authorized emergency vehicle has |
| |||||||
| |||||||
1 | passed, unless otherwise directed by a police officer. | ||||||
2 | (b) This Section shall not operate to relieve the driver | ||||||
3 | of an authorized emergency vehicle from the duty to drive with | ||||||
4 | due regard for the safety of all persons using the highway. | ||||||
5 | (c) Upon approaching a stationary authorized emergency | ||||||
6 | vehicle or emergency scene , when the stationary authorized | ||||||
7 | emergency vehicle is giving a signal by displaying alternately | ||||||
8 | flashing red, red and white, blue, or red and blue lights or | ||||||
9 | amber or yellow warning lights, a person who drives an | ||||||
10 | 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 conditions, | ||||||
15 | if on a highway having at least 4 lanes with not less than | ||||||
16 | 2 lanes proceeding in the same direction as the | ||||||
17 | approaching vehicle and reduce the speed of the vehicle to | ||||||
18 | a speed that is reasonable and proper with regard to | ||||||
19 | traffic conditions and the use of the highway to avoid a | ||||||
20 | collision and leaving a safe distance until safely past | ||||||
21 | the stationary emergency vehicle ; or | ||||||
22 | (2) if changing lanes would be impossible or unsafe, | ||||||
23 | proceeding with due caution, reduce the speed of the | ||||||
24 | vehicle to a speed that is reasonable and proper with | ||||||
25 | regard to traffic conditions and the use of the highway to | ||||||
26 | avoid a collision , maintaining a safe speed for road |
| |||||||
| |||||||
1 | conditions and leaving a safe distance until safely past | ||||||
2 | the stationary emergency vehicles. | ||||||
3 | The visual signal specified under this subsection (c) | ||||||
4 | given by a stationary an authorized emergency vehicle is an | ||||||
5 | indication to drivers of approaching vehicles that a hazardous | ||||||
6 | condition is present when circumstances are not immediately | ||||||
7 | clear. Drivers of vehicles approaching a stationary authorized | ||||||
8 | emergency vehicle in any lane shall heed the warning of the | ||||||
9 | signal, reduce the speed of the vehicle, proceed with due | ||||||
10 | caution, maintain a safe speed for road conditions, be | ||||||
11 | prepared to stop, and leave a safe distance until safely | ||||||
12 | passed the stationary emergency vehicle. | ||||||
13 | As used in this subsection (c), "authorized emergency | ||||||
14 | vehicle" includes any vehicle authorized by law to be equipped | ||||||
15 | with oscillating, rotating, or flashing lights under Section | ||||||
16 | 12-215 of this Code, while the owner or operator of the vehicle | ||||||
17 | is engaged in his or her official duties. As used in this | ||||||
18 | subsection (c), "emergency scene" means a location where a | ||||||
19 | stationary authorized emergency vehicle as defined by herein | ||||||
20 | is present and has activated its oscillating, rotating, or | ||||||
21 | flashing lights. | ||||||
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 $250 or more than $10,000 for a first violation, and a | ||||||
25 | fine of not less than $750 or more than $10,000 for a second or | ||||||
26 | subsequent violation. It is a factor in aggravation if the |
| |||||||
| |||||||
1 | person committed the offense while in violation of Section | ||||||
2 | 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the | ||||||
3 | penalties authorized by this subsection (d) for a violation of | ||||||
4 | subsection (c) of this Section that results in the death of | ||||||
5 | another person does not preclude imposition of appropriate | ||||||
6 | additional civil or criminal penalties. A person who violates | ||||||
7 | subsection (c) and the violation results in damage to another | ||||||
8 | vehicle commits a Class A misdemeanor. A person who violates | ||||||
9 | subsection (c) and the violation results in the injury or | ||||||
10 | death of another person commits a Class 4 felony. | ||||||
11 | (e) If a violation of subsection (c) of this Section | ||||||
12 | results in damage to the property of another person, in | ||||||
13 | addition to any other penalty imposed, the person's driving | ||||||
14 | privileges shall be suspended for a fixed period of not less | ||||||
15 | than 90 days and not more than one year. | ||||||
16 | (f) If a violation of subsection (c) of this Section | ||||||
17 | results in injury to another person, in addition to any other | ||||||
18 | penalty imposed, the person's driving privileges shall be | ||||||
19 | suspended for a fixed period of not less than 180 days and not | ||||||
20 | more than 2 years. | ||||||
21 | (g) If a violation of subsection (c) of this Section | ||||||
22 | results in the death of another person, in addition to any | ||||||
23 | other penalty imposed, the person's driving privileges shall | ||||||
24 | be suspended for 2 years. | ||||||
25 | (h) The Secretary of State shall, upon receiving a record | ||||||
26 | of a judgment entered against a person under subsection (c) of |
| |||||||
| |||||||
1 | this Section: | ||||||
2 | (1) suspend the person's driving privileges for the | ||||||
3 | mandatory period; or | ||||||
4 | (2) extend the period of an existing suspension by the | ||||||
5 | appropriate mandatory period. | ||||||
6 | (i) The Scott's Law Fund shall be a special fund in the | ||||||
7 | State treasury. Subject to appropriation by the General | ||||||
8 | Assembly and approval by the Director, the Director of the | ||||||
9 | State Police shall use all moneys in the Scott's Law Fund in | ||||||
10 | the Department's discretion to fund the production of | ||||||
11 | materials to educate drivers on approaching stationary | ||||||
12 | authorized emergency vehicles, to hire off-duty Department of | ||||||
13 | State Police for enforcement of this Section, and for other | ||||||
14 | law enforcement purposes the Director deems necessary in these | ||||||
15 | efforts. | ||||||
16 | (j) For violations of this Section issued by a county or | ||||||
17 | municipal police officer, the assessment shall be deposited | ||||||
18 | into the county's or municipality's Transportation Safety | ||||||
19 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
20 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
21 | county police officers to monitor construction or maintenance | ||||||
22 | zones in that county on highways other than interstate | ||||||
23 | highways. The county, in its discretion, may also use a | ||||||
24 | portion of the moneys in its Transportation Safety Highway | ||||||
25 | Hire-back Fund to purchase equipment for county law | ||||||
26 | enforcement and fund the production of materials to educate |
| |||||||
| |||||||
1 | drivers on construction zone safe driving habits and | ||||||
2 | approaching stationary authorized emergency vehicles. | ||||||
3 | (k) In addition to other penalties imposed by this | ||||||
4 | Section, the court may order a person convicted of a violation | ||||||
5 | of subsection (c) to perform community service as determined | ||||||
6 | by the court. | ||||||
7 | (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; | ||||||
8 | 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||||||
9 | (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908) | ||||||
10 | Sec. 11-908. Vehicle approaching or entering a highway | ||||||
11 | construction or maintenance area or zone. | ||||||
12 | (a) The driver of a vehicle shall yield the right-of-way | ||||||
13 | to any authorized vehicle or pedestrian actually engaged in | ||||||
14 | work upon a highway within any highway construction or | ||||||
15 | maintenance area indicated by official traffic-control | ||||||
16 | devices. | ||||||
17 | (a-1) Upon entering a construction or maintenance zone | ||||||
18 | when workers are present, a person who drives a vehicle shall: | ||||||
19 | (1) proceeding with due caution, yield the | ||||||
20 | right-of-way by making make a lane change into a lane not | ||||||
21 | adjacent to that of the workers present, if possible with | ||||||
22 | due regard to safety and traffic conditions, if on a | ||||||
23 | highway having at least 4 lanes with not less than 2 lanes | ||||||
24 | proceeding in the same direction as the approaching | ||||||
25 | vehicle , and reduce the speed of the vehicle to a speed |
| |||||||
| |||||||
1 | that is reasonable and proper with regard to traffic | ||||||
2 | conditions and the use of the highway to avoid a collision | ||||||
3 | and leaving a safe distance until safely past the | ||||||
4 | construction or maintenance zone ; or | ||||||
5 | (2) proceeding with due caution, reduce the speed of | ||||||
6 | the vehicle to a speed that is reasonable and proper with | ||||||
7 | regard to traffic conditions and the use of the highway to | ||||||
8 | avoid a collision until safely past the construction or | ||||||
9 | maintenance zone , maintaining a safe speed for road | ||||||
10 | conditions, if changing lanes would be impossible or | ||||||
11 | unsafe. | ||||||
12 | (a-2) A person who violates subsection (a-1) of this | ||||||
13 | Section commits a business offense punishable by a fine of not | ||||||
14 | less than $100 and not more than $25,000. It is a factor in | ||||||
15 | aggravation if the person committed the offense while in | ||||||
16 | violation of Section 11-501 of this Code. | ||||||
17 | (a-3) If a violation of subsection (a-1) of this Section | ||||||
18 | results in damage to the property of another person, in | ||||||
19 | addition to any other penalty imposed, the person's driving | ||||||
20 | privileges shall be suspended for a fixed period of not less | ||||||
21 | than 90 days and not more than one year. | ||||||
22 | (a-4) If a violation of subsection (a-1) of this Section | ||||||
23 | results in injury to another person, in addition to any other | ||||||
24 | penalty imposed, the person's driving privileges shall be | ||||||
25 | suspended for a fixed period of not less than 180 days and not | ||||||
26 | more than 2 years. |
| |||||||
| |||||||
1 | (a-5) If a violation of subsection (a-1) of this Section | ||||||
2 | results in the death of another person, in addition to any | ||||||
3 | other penalty imposed, the person's driving privileges shall | ||||||
4 | be suspended for 2 years. | ||||||
5 | (a-6) The Secretary of State shall, upon receiving a | ||||||
6 | record of a judgment entered against a person under subsection | ||||||
7 | (a-1) of this Section: | ||||||
8 | (1) suspend the person's driving privileges for the | ||||||
9 | mandatory period; or | ||||||
10 | (2) extend the period of an existing suspension by the | ||||||
11 | appropriate mandatory period. | ||||||
12 | (b) The driver of a vehicle shall yield the right-of-way | ||||||
13 | to any authorized vehicle obviously and actually engaged in | ||||||
14 | work upon a highway whenever the vehicle engaged in | ||||||
15 | construction or maintenance work displays flashing lights as | ||||||
16 | provided in Section 12-215 of this Act. | ||||||
17 | (c) The driver of a vehicle shall stop if signaled to do so | ||||||
18 | by a flagger or a traffic control signal and remain in such | ||||||
19 | position until signaled to proceed. If a driver of a vehicle | ||||||
20 | fails to stop when signaled to do so by a flagger, the flagger | ||||||
21 | is authorized to report such offense to the State's Attorney | ||||||
22 | or authorized prosecutor. The penalties imposed for a | ||||||
23 | violation of this subsection (c) shall be in addition to any | ||||||
24 | penalties imposed for a violation of subsection (a-1). | ||||||
25 | (Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20 .) |