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92_HB4276eng HB4276 Engrossed LRB9215254DHmb 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 HB4276 Engrossed -2- LRB9215254DHmb 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 HB4276 Engrossed -3- LRB9215254DHmb 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 HB4276 Engrossed -4- LRB9215254DHmb 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 HB4276 Engrossed -5- LRB9215254DHmb 1 operating in the State of Illinois;and2 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 HB4276 Engrossed -6- LRB9215254DHmb 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 HB4276 Engrossed -7- LRB9215254DHmb 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; HB4276 Engrossed -8- LRB9215254DHmb 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 HB4276 Engrossed -9- LRB9215254DHmb 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. HB4276 Engrossed -10- LRB9215254DHmb 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.)