093_SB0311enr

 
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 1        AN ACT in relation to vehicles.

 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 Section 11-1414 as follows:

 6        (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
 7        Sec.   11-1414.   Approaching,  overtaking,  and  passing
 8    school bus.
 9        (a)  The driver of a  vehicle  shall  stop  such  vehicle
10    before  meeting  or  overtaking,  from  either direction, any
11    school bus  stopped  at  any  location  for  the  purpose  of
12    receiving or discharging pupils on a highway, on a roadway on
13    school  property,  or upon a private road within an area that
14    is covered by a contract or agreement  executed  pursuant  to
15    Section  11-209.1 of this Code.  Such stop is required before
16    reaching the school bus when there is  in  operation  on  the
17    school bus the visual signals as specified in Sections 12-803
18    and  12-805 of this Code. The driver of the vehicle shall not
19    proceed until the school bus resumes motion or the driver  of
20    the  vehicle  is signaled by the school bus driver to proceed
21    or the visual signals are no longer actuated.
22        (b)  The stop signal arm required by  Section  12-803  of
23    this  Code shall be extended after the school bus has come to
24    a complete stop for the purpose  of  loading  or  discharging
25    pupils and shall be closed before the school bus is placed in
26    motion  again.   The stop signal arm shall not be extended at
27    any other time.
28        (c)  The alternately flashing  red  signal  lamps  of  an
29    8-lamp  flashing  signal system required by Section 12-805 of
30    this Code shall be actuated after the school bus has come  to
31    a  complete  stop  for  the purpose of loading or discharging
 
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 1    pupils and shall be turned  off  before  the  school  bus  is
 2    placed  in  motion  again.  The red signal lamps shall not be
 3    actuated at any other time except as  provided  in  paragraph
 4    (d) of this Section.
 5        (d)  The  alternately  flashing  amber signal lamps of an
 6    8-lamp flashing signal system  required by Section 12-805  of
 7    this Code shall be actuated continuously during not less than
 8    the  last 100 feet traveled by the school bus before stopping
 9    for the purpose of loading or discharging  pupils  within  an
10    urban  area  and  during  not  less  than  the  last 200 feet
11    traveled by the school bus outside an urban area.  The  amber
12    signal  lamps  shall  remain actuated until the school bus is
13    stopped. The amber signal lamps shall not be actuated at  any
14    other time.
15        (e)  The  driver  of a vehicle upon a highway having 4 or
16    more lanes which permits at  least  2  lanes  of  traffic  to
17    travel in opposite directions need not stop such vehicle upon
18    meeting  a  school  bus  which  is  stopped  in  the opposing
19    roadway; and need not stop such vehicle when driving  upon  a
20    controlled access highway when passing a school bus traveling
21    in  either  direction  that  is  stopped  in  a  loading zone
22    adjacent to the surfaced or improved part of  the  controlled
23    access highway where pedestrians are not permitted to cross.
24        (f)  Beginning with the effective date of this amendatory
25    Act  of  1985,  the  Secretary  of  State shall suspend for a
26    period of 3 months  the  driving  privileges  of  any  person
27    convicted of a violation of subsection (a) of this Section or
28    a similar provision of a local ordinance; the Secretary shall
29    suspend  for  a  period of one year the driving privileges of
30    any person convicted of a second or subsequent  violation  of
31    subsection  (a)  of  this Section or a similar provision of a
32    local ordinance if the second or subsequent violation  occurs
33    within 5 years of a prior conviction for the same offense. In
34    addition  to  the suspensions authorized by this Section, any
 
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 1    person convicted of  violating  this  Section  or  a  similar
 2    provision  of  a  local  ordinance  shall  be  subject  to  a
 3    mandatory  fine  of  $150  or,  upon  a  second or subsequent
 4    violation, $500.  The  Secretary  may  also  grant,  for  the
 5    duration  of  any  suspension issued under this subsection, a
 6    restricted driving permit granting the privilege of driving a
 7    motor vehicle between the driver's  residence  and  place  of
 8    employment  or  within other proper limits that the Secretary
 9    of State shall find necessary to avoid any undue hardship.  A
10    restricted  driving  permit issued hereunder shall be subject
11    to cancellation, revocation and suspension by  the  Secretary
12    of  State  in  like  manner  and for like cause as a driver's
13    license may be cancelled, revoked or suspended; except that a
14    conviction  upon  one  or  more  offenses  against  laws   or
15    ordinances regulating the movement of traffic shall be deemed
16    sufficient   cause   for   the   revocation,   suspension  or
17    cancellation of the restricted driving permit. The  Secretary
18    of  State may, as a condition to the issuance of a restricted
19    driving permit, require the applicant  to  participate  in  a
20    designated  driver  remedial  or  rehabilitative program. Any
21    conviction for  a  violation  of  this  subsection  shall  be
22    included  as  an  offense  for  the  purposes  of determining
23    suspension action under any other  provision  of  this  Code,
24    provided  however,  that  the  penalties  provided under this
25    subsection shall be imposed unless  those  penalties  imposed
26    under other applicable provisions are greater.
27        The  owner  of  any  vehicle  alleged  to  have  violated
28    paragraph  (a) of this Section shall, upon appropriate demand
29    by the State's Attorney or other authorized prosecutor acting
30    in  response  to  a  signed  complaint,  provide  a   written
31    statement  or  deposition  identifying  the  operator  of the
32    vehicle if such operator was not the owner at the time of the
33    alleged violation.  Failure to supply such information  shall
34    be  construed  to be the same as a violation of paragraph (a)
 
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 1    and shall be subject to the same penalties  herein  provided.
 2    In  the  event  the owner has assigned control for the use of
 3    the vehicle to  another,  the  person  to  whom  control  was
 4    assigned  shall  comply with the provisions of this paragraph
 5    and be subject to the same penalties as herein provided.
 6    (Source: P.A. 91-260, eff. 1-1-00.)

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