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| | HB5370 Engrossed | | LRB103 39481 RPS 69676 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 .) |