State of Illinois
92nd General Assembly
Legislation

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92_HB4276

 
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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 Sections 11-1414, 12-215, and 12-805 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        (d-5)  The  alternately  flashing head lamps permitted by
16    Section 12-805  of  this  Code  may  be  operated  while  the
17    alternately  flashing  red  or amber signal lamps required by
18    that Section are actuated.
19        (e)  The driver of a vehicle upon a highway having  4  or
20    more  lanes  which  permits  at  least  2 lanes of traffic to
21    travel in opposite directions need not stop such vehicle upon
22    meeting a  school  bus  which  is  stopped  in  the  opposing
23    roadway;  and  need not stop such vehicle when driving upon a
24    controlled access highway when passing a school bus traveling
25    in either  direction  that  is  stopped  in  a  loading  zone
26    adjacent  to  the surfaced or improved part of the controlled
27    access highway where pedestrians are not permitted to cross.
28        (f)  Beginning with the effective date of this amendatory
29    Act of 1985, the Secretary  of  State  shall  suspend  for  a
30    period  of  3  months  the  driving  privileges of any person
31    convicted of a violation of subsection (a) of this Section or
32    a similar provision of a local ordinance; the Secretary shall
33    suspend for a period of one year the  driving  privileges  of
34    any  person  convicted of a second or subsequent violation of
 
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 1    subsection (a) of this Section or a similar  provision  of  a
 2    local  ordinance if the second or subsequent violation occurs
 3    within 5 years of a prior conviction for the same offense. In
 4    addition to the suspensions authorized by this  Section,  any
 5    person  convicted  of  violating  this  Section  or a similar
 6    provision  of  a  local  ordinance  shall  be  subject  to  a
 7    mandatory fine of  $150  or,  upon  a  second  or  subsequent
 8    violation,  $500.  The  Secretary  may  also  grant,  for the
 9    duration of any suspension issued under  this  subsection,  a
10    restricted driving permit granting the privilege of driving a
11    motor  vehicle  between  the  driver's residence and place of
12    employment or within other proper limits that  the  Secretary
13    of  State shall find necessary to avoid any undue hardship. A
14    restricted driving permit issued hereunder shall  be  subject
15    to  cancellation,  revocation and suspension by the Secretary
16    of State in like manner and for  like  cause  as  a  driver's
17    license may be cancelled, revoked or suspended; except that a
18    conviction   upon  one  or  more  offenses  against  laws  or
19    ordinances regulating the movement of traffic shall be deemed
20    sufficient  cause   for   the   revocation,   suspension   or
21    cancellation  of the restricted driving permit. The Secretary
22    of State may, as a condition to the issuance of a  restricted
23    driving  permit,  require  the  applicant to participate in a
24    designated driver remedial  or  rehabilitative  program.  Any
25    conviction  for  a  violation  of  this  subsection  shall be
26    included as  an  offense  for  the  purposes  of  determining
27    suspension  action  under  any  other provision of this Code,
28    provided however, that  the  penalties  provided  under  this
29    subsection  shall  be  imposed unless those penalties imposed
30    under other applicable provisions are greater.
31        The  owner  of  any  vehicle  alleged  to  have  violated
32    paragraph (a) of this Section shall, upon appropriate  demand
33    by the State's Attorney or other authorized prosecutor acting
34    in   response  to  a  signed  complaint,  provide  a  written
 
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 1    statement or  deposition  identifying  the  operator  of  the
 2    vehicle if such operator was not the owner at the time of the
 3    alleged  violation.  Failure to supply such information shall
 4    be construed to be the same as a violation of  paragraph  (a)
 5    and  shall  be subject to the same penalties herein provided.
 6    In the event the owner has assigned control for  the  use  of
 7    the  vehicle  to  another,  the  person  to  whom control was
 8    assigned shall comply with the provisions of  this  paragraph
 9    and be subject to the same penalties as herein provided.
10    (Source: P.A. 91-260, eff. 1-1-00.)

11        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
12        Sec. 12-215.  Oscillating, rotating or flashing lights on
13    motor vehicles. Except as otherwise provided in this Code:
14        (a)  The  use  of  red  or white oscillating, rotating or
15    flashing lights, whether lighted or unlighted, is  prohibited
16    except on:
17             1.  Law  enforcement  vehicles  of State, Federal or
18        local authorities;
19             2.  A vehicle operated by a police officer or county
20        coroner   and   designated   or   authorized   by   local
21        authorities, in writing, as a  law  enforcement  vehicle;
22        however,   such  designation  or  authorization  must  be
23        carried in the vehicle;
24             3.  Vehicles of local fire departments and State  or
25        federal firefighting vehicles;
26             4.  Vehicles which are designed and used exclusively
27        as  ambulances  or  rescue  vehicles;  furthermore,  such
28        lights  shall not be lighted except when responding to an
29        emergency call for and while actually conveying the  sick
30        or injured;
31             5.  Tow  trucks  licensed  in  a state that requires
32        such  lights;  furthermore,  such  lights  shall  not  be
33        lighted on any such tow truck  while  the  tow  truck  is
 
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 1        operating in the State of Illinois; and
 2             6.  Vehicles  of  the  Illinois Emergency Management
 3        Agency, and vehicles of the Department of Nuclear Safety;
 4        and.
 5             7.  School buses operating alternately flashing head
 6        lamps as permitted under Section 12-805 of this Code.
 7        (b)  The use of amber oscillating, rotating  or  flashing
 8    lights,  whether  lighted  or unlighted, is prohibited except
 9    on:
10             1.  Second division vehicles designed and  used  for
11        towing  or  hoisting  vehicles;  furthermore, such lights
12        shall not be lighted except as required in this paragraph
13        1; such lights shall be lighted when  such  vehicles  are
14        actually  being  used   at  the  scene  of an accident or
15        disablement; if the towing vehicle  is  equipped  with  a
16        flat  bed  that  supports all wheels of the vehicle being
17        transported, the lights shall not be  lighted  while  the
18        vehicle  is engaged in towing on a highway; if the towing
19        vehicle is not equipped with a flat bed that supports all
20        wheels of a vehicle being transported, the  lights  shall
21        be  lighted while the towing vehicle is engaged in towing
22        on a highway during all times when the use of  headlights
23        is required under Section 12-201 of this Code;
24             2.  Motor  vehicles  or  equipment  of  the State of
25        Illinois, local authorities and contractors; furthermore,
26        such lights  shall  not  be  lighted  except  while  such
27        vehicles  are  engaged  in  maintenance  or  construction
28        operations within the limits of construction projects;
29             3.  Vehicles  or  equipment  used  by engineering or
30        survey crews;  furthermore,  such  lights  shall  not  be
31        lighted  except  while such vehicles are actually engaged
32        in work on a highway;
33             4.  Vehicles of public utilities, municipalities, or
34        other construction,  maintenance  or  automotive  service
 
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 1        vehicles except that such lights shall be lighted only as
 2        a  means  for  indicating  the  presence  of  a vehicular
 3        traffic hazard requiring  unusual  care  in  approaching,
 4        overtaking  or passing while such vehicles are engaged in
 5        maintenance, service or construction on a highway;
 6             5.  Oversized vehicle or load; however, such  lights
 7        shall  only be lighted when moving under permit issued by
 8        the Department under Section 15-301 of this Code;
 9             6.  The front and rear of motorized equipment  owned
10        and  operated  by  the State of Illinois or any political
11        subdivision thereof,  which  is  designed  and  used  for
12        removal of snow and ice from highways;
13             7.  Fleet  safety  vehicles  registered  in  another
14        state,  furthermore,  such  lights  shall  not be lighted
15        except as provided for in Section 12-212 of this Code;
16             8.  Such other vehicles  as  may  be  authorized  by
17        local authorities;
18             9.  Law  enforcement  vehicles  of  State  or  local
19        authorities   when   used   in   combination   with   red
20        oscillating, rotating or flashing lights;
21             10.  Vehicles used for collecting or delivering mail
22        for  the  United States Postal Service provided that such
23        lights shall not be lighted except when such vehicles are
24        actually being used for such purposes;
25             11.  Any vehicle displaying  a  slow-moving  vehicle
26        emblem as provided in Section 12-205.1;
27             12.  All  trucks  equipped  with  self-compactors or
28        roll-off hoists and roll-on  containers  for  garbage  or
29        refuse  hauling.  Such lights shall not be lighted except
30        when such vehicles  are  actually  being  used  for  such
31        purposes;
32             13.  Vehicles  used  by  a  security  company, alarm
33        responder, or control agency, if  the  security  company,
34        alarm responder, or control agency is bound by a contract
 
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 1        with  a federal, State, or local government entity to use
 2        the lights; and
 3             14.  Security vehicles of the  Department  of  Human
 4        Services; however, the lights shall not be lighted except
 5        when  being  used for security related purposes under the
 6        direction of the superintendent of the facility where the
 7        vehicle is located.
 8        (c)  The use of blue oscillating,  rotating  or  flashing
 9    lights,  whether  lighted  or unlighted, is prohibited except
10    on:
11             1.  Rescue  squad  vehicles  not  owned  by  a  fire
12        department and vehicles owned or fully operated by a:
13                  voluntary firefighter;
14                  paid firefighter;
15                  part-paid firefighter;
16                  call firefighter;
17                  member of the  board  of  trustees  of  a  fire
18             protection district;
19                  paid or unpaid member of a rescue squad; or
20                  paid  or unpaid member of a voluntary ambulance
21             unit.
22             However, such lights are not to  be  lighted  except
23        when responding to a bona fide emergency.
24             2.  Police  department  vehicles  in cities having a
25        population of 500,000 or more inhabitants.
26             3.  Law  enforcement  vehicles  of  State  or  local
27        authorities   when   used   in   combination   with   red
28        oscillating, rotating or flashing lights.
29             4.  Vehicles of local fire departments and State  or
30        federal  firefighting  vehicles  when used in combination
31        with red oscillating, rotating or flashing lights.
32             5.  Vehicles which are designed and used exclusively
33        as ambulances or rescue vehicles when used in combination
34        with  red  oscillating,  rotating  or  flashing   lights;
 
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 1        furthermore, such lights shall not be lighted except when
 2        responding to an emergency call.
 3             6.  Vehicles  that are equipped and used exclusively
 4        as organ transport vehicles when used in combination with
 5        red   oscillating,   rotating,   or   flashing    lights;
 6        furthermore,  these lights shall only be lighted when the
 7        transportation is declared an emergency by  a  member  of
 8        the  transplant  team  or  a  representative of the organ
 9        procurement organization.
10             7.  Vehicles of the  Illinois  Emergency  Management
11        Agency  and vehicles of the Department of Nuclear Safety,
12        when used in combination with red oscillating,  rotating,
13        or flashing lights.
14        (c-1)  In  addition to the blue oscillating, rotating, or
15    flashing  lights  permitted   under   subsection   (c),   and
16    notwithstanding  subsection  (a),  a  vehicle  operated  by a
17    voluntary firefighter may be  equipped  with  flashing  white
18    headlights  and  blue grill lights, which may be used only in
19    responding to an emergency call.
20        (d)  The  use  of  a  combination  of  amber  and   white
21    oscillating,  rotating or flashing lights, whether lighted or
22    unlighted, is prohibited, except motor vehicles or  equipment
23    of  the  State of Illinois, local authorities and contractors
24    may be so equipped; furthermore, such  lights  shall  not  be
25    lighted  except  while  such  vehicles are engaged in highway
26    maintenance or construction operations within the  limits  of
27    highway construction projects.
28        (e)  All   oscillating,   rotating   or  flashing  lights
29    referred to in this Section shall be of sufficient intensity,
30    when illuminated,  to  be  visible  at  500  feet  in  normal
31    sunlight.
32        (f)  Nothing   in   this   Section   shall   prohibit   a
33    manufacturer  of  oscillating, rotating or flashing lights or
34    his representative from temporarily mounting such lights on a
 
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 1    vehicle for demonstration purposes only.
 2        (g)  Any person violating the provisions  of  subsections
 3    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
 4    authority stops or detains or  attempts  to  stop  or  detain
 5    another person shall be guilty of a Class 4 felony.
 6        (h)  Except  as  provided  in  subsection  (g) above, any
 7    person violating the provisions of subsections (a) or (c)  of
 8    this Section shall be guilty of a Class A misdemeanor.
 9    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
10    92-407, eff. 8-17-01; revised 9-12-01)

11        (625 ILCS 5/12-805) (from Ch. 95 1/2, par. 12-805)
12        Sec. 12-805. Special lighting equipment.
13        Each school bus purchased as a new vehicle after December
14    31, 1975 shall be equipped with  an  8-lamp  flashing  signal
15    system. Until December 31, 1978, all other school buses shall
16    be equipped with either a 4-lamp or an 8-lamp flashing signal
17    system.   After  December 31, 1978, all school buses shall be
18    equipped with an 8-lamp flashing signal system.
19        A 4-lamp flashing signal system shall have 2  alternately
20    flashing  red  lamps  mounted  as  high  and as widely spaced
21    laterally on the same level as practicable at  the  front  of
22    the school bus and 2 such lamps mounted in the same manner at
23    the rear.
24        An  8-lamp flashing signal system shall have, in addition
25    to a 4-lamp system, 4 alternately flashing amber lamps.  Each
26    amber  lamp  shall  be  mounted next to a red lamp and at the
27    same level but closer to the centerline of the school bus.
28        Each signal lamp shall be a sealed beam at  least  5  1/2
29    inches  in diameter and shall have sufficient intensity to be
30    visible at 500 feet in normal sunlight. Both the  4-lamp  and
31    8-lamp  system  shall  be  actuated only by means of a manual
32    switch. There shall be a device for indicating to the  driver
33    that the system is operating properly or is inoperative.
 
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 1        A  school  bus  may  also  be  equipped  with alternately
 2    flashing head lamps, which may  be  operated  in  conjunction
 3    with the 8-lamp flashing signal system.
 4    (Source: P.A. 79-1400.)

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