Full Text of HB2560 94th General Assembly
HB2560 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2560
Introduced 02/18/05, by Rep. Patricia Bailey SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/11-1414 |
from Ch. 95 1/2, par. 11-1414 |
625 ILCS 5/11-1415 |
from Ch. 95 1/2, par. 11-1415 |
625 ILCS 5/12-806 rep. |
|
|
Amends the Illinois Vehicle Code. Provide that a vehicle approaching, overtaking, or passing a stopped school bus must remain stopped while the vehicle is loading or discharging passengers (rather than pupils). Repeals provision providing that the "SCHOOL BUS" signs and stop signals of a school bus shall be covered or concealed and inoperable except when the school bus is transporting passengers in connection with an activity of the school or religious organization that owns the school bus.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB2560 |
|
LRB094 08255 DRH 38443 b |
|
| 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 changing | 5 |
| Sections 11-1414 and 11-1415 as follows:
| 6 |
| (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| 7 |
| Sec. 11-1414. Approaching, overtaking, and passing school | 8 |
| bus.
| 9 |
| (a) The driver of a vehicle shall stop such vehicle before | 10 |
| meeting or
overtaking, from either direction, any school bus | 11 |
| stopped at any location for
the purpose of receiving or | 12 |
| discharging passengers
pupils . Such stop is required before
| 13 |
| reaching the school bus when there is in operation on the | 14 |
| school
bus the visual signals as specified in Sections 12-803 | 15 |
| and 12-805 of this
Code. The driver of the vehicle shall not | 16 |
| proceed until the
school bus resumes motion or the driver of | 17 |
| the vehicle is signaled by the
school bus driver to proceed or | 18 |
| the visual signals are no longer actuated.
| 19 |
| (b) The stop signal arm required by Section 12-803 of this | 20 |
| Code shall
be extended after the school bus has come to a | 21 |
| complete stop for the purpose of
loading or discharging | 22 |
| passengers
pupils and shall be closed before the school bus
is | 23 |
| placed in motion again. The stop signal arm shall
not be | 24 |
| extended at any other time.
| 25 |
| (c) The alternately flashing red signal lamps of an
8-lamp | 26 |
| flashing signal system required by Section 12-805 of this Code
| 27 |
| shall be actuated after the school bus has come to a complete | 28 |
| stop for the
purpose of
loading or discharging passengers
| 29 |
| pupils and shall be turned off before
the school bus is placed | 30 |
| in motion again. The red signal
lamps shall not be actuated at | 31 |
| any other time
except as provided in paragraph (d) of this | 32 |
| Section.
|
|
|
|
HB2560 |
- 2 - |
LRB094 08255 DRH 38443 b |
|
| 1 |
| (d) The alternately flashing amber signal lamps of an | 2 |
| 8-lamp
flashing signal system required by Section 12-805 of | 3 |
| this
Code shall be actuated continuously during not less than | 4 |
| the last 100
feet traveled by the school bus before stopping | 5 |
| for the purpose of loading
or discharging passengers
pupils | 6 |
| within an urban area and during not less than
the last 200 feet | 7 |
| traveled by the school
bus outside an urban area. The amber | 8 |
| signal lamps shall remain actuated
until the school
bus is | 9 |
| stopped. The amber signal lamps shall not be actuated at any | 10 |
| other time.
| 11 |
| (d-5) The alternately flashing head lamps permitted by | 12 |
| Section 12-805 of
this Code may be operated while the | 13 |
| alternately flashing red or amber signal
lamps required by that | 14 |
| Section are actuated.
| 15 |
| (e) The driver of a vehicle upon a highway having 4 or more | 16 |
| lanes which
permits at least 2 lanes of traffic to travel in | 17 |
| opposite directions need not
stop such vehicle upon meeting a | 18 |
| school bus which is stopped in the opposing
roadway; and need | 19 |
| not stop such vehicle when driving upon a controlled access
| 20 |
| highway when passing a school bus traveling in either direction | 21 |
| that is stopped
in a loading zone
adjacent to the surfaced or | 22 |
| improved part of the controlled access
highway where | 23 |
| 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 period | 26 |
| of 3 months
the driving
privileges of any person convicted of a | 27 |
| violation of subsection (a) of this
Section or a similar | 28 |
| provision of a local ordinance; the Secretary shall
suspend for | 29 |
| a period of one year the driving privileges of any person | 30 |
| convicted
of a second or subsequent violation of subsection (a) | 31 |
| of this Section or a
similar provision of a local ordinance if | 32 |
| the second or subsequent violation
occurs within 5 years of a | 33 |
| prior conviction for the same offense. In addition
to the | 34 |
| suspensions authorized by this Section, any person convicted of
| 35 |
| violating this Section or a similar provision of a local | 36 |
| ordinance
shall be subject to a mandatory fine of $150 or, upon |
|
|
|
HB2560 |
- 3 - |
LRB094 08255 DRH 38443 b |
|
| 1 |
| a second or subsequent
violation, $500.
The Secretary may also | 2 |
| grant, for the duration of any
suspension issued under this | 3 |
| subsection, a restricted driving permit
granting the privilege | 4 |
| of driving a motor vehicle between the driver's
residence and | 5 |
| place of employment or within other proper limits that the
| 6 |
| Secretary of State shall find necessary to avoid any undue | 7 |
| hardship. A
restricted driving permit issued hereunder shall be | 8 |
| subject to
cancellation, revocation and suspension by the | 9 |
| Secretary of State in like
manner and for like cause as a | 10 |
| driver's license may be cancelled, revoked
or suspended; except | 11 |
| that a conviction upon one or more offenses against
laws or | 12 |
| ordinances regulating the movement of traffic shall be deemed
| 13 |
| sufficient cause for the revocation, suspension or | 14 |
| cancellation of the
restricted driving permit. The Secretary of | 15 |
| State may, as a condition to
the issuance of a restricted | 16 |
| driving permit, require the applicant to
participate in a | 17 |
| designated driver remedial or rehabilitative program. Any
| 18 |
| conviction for a violation of this subsection shall be included | 19 |
| as an
offense for the purposes of determining suspension action | 20 |
| under any other
provision of this Code, provided however, that | 21 |
| the penalties provided under
this subsection shall be imposed | 22 |
| unless those penalties imposed under other
applicable | 23 |
| provisions are greater.
| 24 |
| The owner of any vehicle alleged to have violated paragraph | 25 |
| (a) of this
Section shall, upon appropriate demand by the | 26 |
| State's Attorney or other
authorized prosecutor acting in | 27 |
| response to a signed complaint, provide
a written statement or | 28 |
| deposition identifying the operator of the vehicle
if such | 29 |
| operator was not the owner at the time of the alleged | 30 |
| violation.
Failure to supply such information shall be | 31 |
| construed to be the same as
a violation of paragraph (a) and | 32 |
| shall be subject to the same penalties
herein provided. In the | 33 |
| event the owner has assigned control for the use
of the vehicle | 34 |
| to another, the person to whom control was assigned shall
| 35 |
| comply with the provisions of this paragraph and be subject to | 36 |
| the same
penalties as herein provided.
|
|
|
|
HB2560 |
- 4 - |
LRB094 08255 DRH 38443 b |
|
| 1 |
| (Source: P.A. 93-180, eff. 7-11-03; 93-181, eff. 1-1-04; | 2 |
| revised 8-12-03.)
| 3 |
| (625 ILCS 5/11-1415) (from Ch. 95 1/2, par. 11-1415)
| 4 |
| Sec. 11-1415. School buses stopping, loading
and | 5 |
| discharging passengers on one-way roadways on highways having 4
| 6 |
| or more lanes. (a) A school bus traveling on a one-way roadway
| 7 |
| or a highway having 4 or more lanes for vehicular traffic shall | 8 |
| stop for
the loading or discharging of passengers only on the | 9 |
| right side of the
highway. If the highway has 4 or more lanes | 10 |
| and permits traffic to operate
in both directions, the school | 11 |
| bus shall load or discharge only those
passengers whose | 12 |
| residences are located
to the right of the highway.
The routes | 13 |
| of school buses shall be so arranged that no person
child shall | 14 |
| be
required to cross a highway of 4 or more lanes
to board a | 15 |
| school bus or to reach such person's
child's residence after
| 16 |
| leaving the school bus. A school child in an urban area shall | 17 |
| cross
a highway only at a crossing for pedestrians, except as | 18 |
| provided in paragraph
(b) of this Section.
| 19 |
| (b) With respect to school children crossing a highway at | 20 |
| other than
a pedestrian crossing, this Section shall not apply | 21 |
| when children are
escorted or controlled by competent persons | 22 |
| designated by the school
authorities or by police officers.
| 23 |
| (Source: P.A. 83-905.)
| 24 |
| (625 ILCS 5/12-806 rep.)
| 25 |
| Section 10. The Illinois Vehicle Code is amended by | 26 |
| repealing Section 12-806.
|
|