093_HB0035

 
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 1        AN ACT concerning 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  for  the  purpose   of   receiving   or
12    discharging  pupils  on  a  highway,  on  a roadway on school
13    property, or upon a private  road  within  an  area  that  is
14    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, or
30    law enforcement  officer  acting  in  response  to  a  signed
31    complaint,   provide   a   written  statement  or  deposition
32    identifying the operator of the vehicle if such operator  was
33    not  the owner at the time of the alleged violation.  Failure
34    to supply such information shall be construed to be the  same
 
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 1    as  a  violation of paragraph (a) and shall be subject to the
 2    same penalties herein provided.  In the event the  owner  has
 3    assigned  control  for the use of the vehicle to another, the
 4    person to whom control was assigned  shall  comply  with  the
 5    provisions  of  this  paragraph  and  be  subject to the same
 6    penalties as herein provided.
 7        (g)  A law enforcement officer has the power to  issue  a
 8    citation  in  response  to  a  signed  complaint concerning a
 9    violation of subsection (a) of  this  Section  or  a  similar
10    provision of a local ordinance.
11    (Source: P.A. 91-260, eff. 1-1-00.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.