Public Act 93-0173

HB0385 Enrolled                      LRB093 04395 LCB 04445 b

    AN ACT concerning 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 11-907 as follows:

    (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
    (Text of Section before amendment by P.A. 92-872)
    Sec. 11-907.  Operation of  vehicles  and  streetcars  on
approach of authorized emergency vehicles.
    (a)  Upon   the   immediate  approach  of  an  authorized
emergency vehicle making use of audible  and  visual  signals
meeting  the  requirements  of  this Code or a police vehicle
properly and lawfully making use  of  an  audible  or  visual
signal,
         (1)  the  driver  of every other vehicle shall yield
    the  right-of-way  and  shall  immediately  drive  to   a
    position  parallel  to,  and as close as possible to, the
    right-hand edge or curb  of  the  highway  clear  of  any
    intersection  and  shall, if necessary to permit the safe
    passage of the emergency vehicle, stop and remain in such
    position  until  the  authorized  emergency  vehicle  has
    passed, unless otherwise directed by a police officer and
         (2) the   operator   of   every   streetcar    shall
    immediately  stop  such car clear of any intersection and
    keep it in such position until the  authorized  emergency
    vehicle has passed, unless otherwise directed by a police
    officer.
    (b)  This Section shall not operate to relieve the driver
of  an  authorized  emergency  vehicle from the duty to drive
with due regard for the  safety  of  all  persons  using  the
highway.
    (c)  Upon  approaching  a stationary authorized emergency
vehicle, when the authorized emergency vehicle  is  giving  a
signal by displaying alternately flashing red, red and white,
blue,  or  red  and  blue  lights  or amber or yellow warning
lights, a person who drives an approaching vehicle shall:
         (1)  proceeding  with   due   caution,   yield   the
    right-of-way  by  making  a  lane  change into a lane not
    adjacent to that of the authorized emergency vehicle,  if
    possible   with   due   regard   to  safety  and  traffic
    conditions, if on a highway having at least 4 lanes  with
    not less than 2 lanes proceeding in the same direction as
    the approaching vehicle; or
         (2)  proceeding  with  due caution, reduce the speed
    of  the  vehicle,  maintaining  a  safe  speed  for  road
    conditions, if changing  lanes  would  be  impossible  or
    unsafe.
    As  used  in  this  subsection (c), "authorized emergency
vehicle"  includes  any  vehicle  authorized  by  law  to  be
equipped with oscillating, rotating, or flashing lights under
Section 12-215 of this Code, while the owner or  operator  of
the vehicle is engaged in his or her official duties.
    (d)  A person who violates subsection (c) of this Section
commits  a  business offense punishable by a fine of not less
than  $100  or  more  than  $10,000.    It  is  a  factor  in
aggravation if the person  committed  the  offense  while  in
violation of Section 11-501 of this Code.
    (e)  If  a  violation  of  subsection (c) of this Section
results in damage to  the  property  of  another  person,  in
addition  to  any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not  less
than 90 days and not more than one year.
    (f)  If  a  violation  of  subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's  driving  privileges  shall  be
suspended  for  a  fixed period of not less than 180 days and
not more than 2 years.
    (g)  If a violation of subsection  (c)  of  this  Section
results  in  the  death of another person, in addition to any
other penalty imposed, the person's driving privileges  shall
be suspended for 2 years.
    (h)  The  Secretary  of  State  shall,  upon  receiving a
record  of  a  judgment  entered  against  a   person   under
subsection (c) of this Section:
         (1)  suspend the person's driving privileges for the
    mandatory period; or
         (2)  extend  the period of an existing suspension by
    the appropriate mandatory period.
(Source: P.A. 92-283, eff. 1-1-02.)

    (Text of Section after amendment by P.A. 92-872)
    Sec. 11-907.  Operation of  vehicles  and  streetcars  on
approach of authorized emergency vehicles.
    (a)  Upon   the   immediate  approach  of  an  authorized
emergency vehicle making use of audible  and  visual  signals
meeting  the  requirements  of  this Code or a police vehicle
properly and lawfully making use  of  an  audible  or  visual
signal,
         (1)  the  driver  of every other vehicle shall yield
    the  right-of-way  and  shall  immediately  drive  to   a
    position  parallel  to,  and as close as possible to, the
    right-hand edge or curb  of  the  highway  clear  of  any
    intersection  and  shall, if necessary to permit the safe
    passage of the emergency vehicle, stop and remain in such
    position  until  the  authorized  emergency  vehicle  has
    passed, unless otherwise directed by a police officer and
         (2) the   operator   of   every   streetcar    shall
    immediately  stop  such car clear of any intersection and
    keep it in such position until the  authorized  emergency
    vehicle has passed, unless otherwise directed by a police
    officer.
    (b)  This Section shall not operate to relieve the driver
of  an  authorized  emergency  vehicle from the duty to drive
with due regard for the  safety  of  all  persons  using  the
highway.
    (c)  Upon  approaching  a stationary authorized emergency
vehicle, when the authorized emergency vehicle  is  giving  a
signal by displaying alternately flashing red, red and white,
blue,  or  red  and  blue  lights  or amber or yellow warning
lights, a person who drives an approaching vehicle shall:
         (1)  proceeding  with   due   caution,   yield   the
    right-of-way  by  making  a  lane  change into a lane not
    adjacent to that of the authorized emergency vehicle,  if
    possible   with   due   regard   to  safety  and  traffic
    conditions, if on a highway having at least 4 lanes  with
    not less than 2 lanes proceeding in the same direction as
    the approaching vehicle; or
         (2)  proceeding  with  due caution, reduce the speed
    of  the  vehicle,  maintaining  a  safe  speed  for  road
    conditions, if changing  lanes  would  be  impossible  or
    unsafe.
    As  used  in  this  subsection (c), "authorized emergency
vehicle"  includes  any  vehicle  authorized  by  law  to  be
equipped with oscillating, rotating, or flashing lights under
Section 12-215 of this Code, while the owner or  operator  of
the vehicle is engaged in his or her official duties.
    (d)  A person who violates subsection (c) of this Section
commits  a  business offense punishable by a fine of not less
than $100 or more than $10,000.  A person  charged  with  the
offense  must appear in court to answer the charges.  It is a
factor in aggravation if the  person  committed  the  offense
while in violation of Section 11-501 of this Code.
    (e)  If  a  violation  of  subsection (c) of this Section
results in damage to  the  property  of  another  person,  in
addition  to  any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not  less
than 90 days and not more than one year.
    (f)  If  a  violation  of  subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's  driving  privileges  shall  be
suspended  for  a  fixed period of not less than 180 days and
not more than 2 years.
    (g)  If a violation of subsection  (c)  of  this  Section
results  in  the  death of another person, in addition to any
other penalty imposed, the person's driving privileges  shall
be suspended for 2 years.
    (h)  The  Secretary  of  State  shall,  upon  receiving a
record  of  a  judgment  entered  against  a   person   under
subsection (c) of this Section:
         (1)  suspend the person's driving privileges for the
    mandatory period; or
         (2)  extend  the period of an existing suspension by
    the appropriate mandatory period.
(Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03.)

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

Effective Date: 07/11/03