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Public Act 095-0105
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| HB1475 Enrolled |
LRB095 08466 DRH 28644 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-1414 as follows:
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(625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
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Sec. 11-1414. Approaching, overtaking, and passing school |
bus.
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(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. 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.
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(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 |
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time.
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(c) The alternately flashing red signal lamps of an
8-lamp |
flashing signal system required by Section 12-805 of this Code
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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
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except as provided in paragraph (d) of this Section.
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(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.
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(d-5) The alternately flashing head lamps permitted by |
Section 12-805 of
this Code may be operated while the |
alternately flashing red or amber signal
lamps required by that |
Section are actuated.
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(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
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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.
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(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
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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
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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 |
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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
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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
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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.
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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
designated person
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 |
result in the suspension of the vehicle registration of the |
vehicle for a period of 3 months
be construed to be the same as
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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 |