Public Act 93-0180

SB311 Enrolled                       LRB093 05948 DRH 06045 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Section 11-1414 as follows:

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

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