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| Public Act 096-1167 | ||||
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AN ACT concerning human rights.
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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 1. Short title. This Act may be cited as the | ||||
Pedestrians with Disabilities Safety Act. | ||||
Section 5. Definitions. For purposes of this Act: | ||||
"Mobility device" means a support cane, walker, crutches, | ||||
wheelchair, scooter, or other device, which may be necessary | ||||
for use by a pedestrian with a disability when traveling.
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"Pedestrian with a disability" means a person with a | ||||
disability, as defined by the Americans with Disabilities Act, | ||||
who may require the use of a mobility device, service animal, | ||||
or white cane to travel on the streets, sidewalks, highways, | ||||
and walkways of this State.
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"Service animal" means a service animal as defined by the | ||||
Code of Federal Regulations (28 CFR 36.104).
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"White cane" means a cane that is predominantly white or | ||||
metallic in color, with or without a red tip, that is held in | ||||
an extended or raised position.
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Section 10. Rights of pedestrians with disabilities. | ||||
(a) A pedestrian with a disability has the same rights as | ||||
any other pedestrian to equal access and use of the streets, | ||||
sidewalks, highways, and walkways of this State.
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(b) These rights are subject only to the conditions and | ||
limitations established by law and applicable alike to all | ||
persons.
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(c) Any person who denies or interferes with the rights of | ||
a pedestrian with a disability under this Act, shall be guilty | ||
of a Class A misdemeanor with a mandatory minimum fine of $500 | ||
for each violation.
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Section 15. Mobility device; service animal; white cane.
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(a) An operator of a vehicle shall stop the vehicle before | ||
approaching closer than 10 feet to a pedestrian with a | ||
disability who is using a mobility device, accompanied by a | ||
visibly identifiable service animal, or carrying or using a | ||
white cane, and shall take all precautions that may be | ||
necessary to avoid an accident or injury to the pedestrian with | ||
a disability. Any vehicle operator who fails to take such | ||
precautions shall be liable for damages for any injury caused | ||
to the pedestrian with a disability.
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(b) Nothing in this Act shall be construed to deprive any | ||
person with a disability who is not using a mobility device, | ||
not accompanied by a visibly identifiable service animal, or | ||
not carrying or using a white cane of the rights of other | ||
pedestrians, nor shall such an occurrence be conclusively held | ||
to constitute evidence of contributory negligence.
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(c) Qualified professionals involved in the training of | ||
visibly identifiable service animals including training a | ||
person with a disability in the use of an animal, orientation | ||
and mobility instructors who are providing instruction to | ||
persons with disabilities or receiving training to enable them | ||
to provide that instruction, or any otherwise qualified person | ||
providing instruction to a person with a disability in the | ||
proper use of a mobility device or white cane shall be covered | ||
by the provisions of this Section.
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Section 20. Proclamation. Each year, the Governor is | ||
authorized and requested to designate and take suitable public | ||
notice of Pedestrians with Disabilities Safety Day (October 15) | ||
and to issue a proclamation which:
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(1) comments upon the necessity for and significance of | ||
the Pedestrians with Disabilities Safety Act;
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(2) calls upon the citizens of the State to observe the | ||
provisions of the Pedestrians with Disabilities Safety Act | ||
and to take precautions necessary for the safety of | ||
pedestrians with disabilities;
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(3) reminds the citizens of the State of the policies | ||
with respect to persons with disabilities and urges all | ||
citizens to ensure that the policies are upheld;
and | ||
(4) emphasizes the need of all citizens to be aware of | ||
the presence of persons with disabilities in the community | ||
and to keep safe and functional for persons with | ||
disabilities the streets, sidewalks, highways, and | ||
walkways of this State.
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Section 80. The Illinois Vehicle Code is amended by | ||
changing Sections 2-112 and 6-109 as follows:
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(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
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Sec. 2-112. Distribution of synopsis laws.
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(a) The Secretary of State may publish a synopsis or | ||
summary of the laws of
this State regulating the operation of | ||
vehicles and may deliver a copy
thereof without charge with | ||
each original vehicle registration and with
each original | ||
driver's license.
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(b) The Secretary of State shall make any necessary | ||
revisions in its publications including, but not limited to, | ||
the Illinois Rules of the Road, to accurately conform its | ||
publications to the provisions of the Pedestrians with | ||
Disabilities Safety Act. | ||
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109) | ||
Sec. 6-109. Examination of Applicants. | ||
(a) The Secretary of State shall examine every applicant | ||
for a driver's
license or permit who has not been previously | ||
licensed as a driver under the
laws of this State or any other | ||
state or country, or any applicant for renewal
of such driver's | ||
license or permit when such license or permit has been expired
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for more than one year. The Secretary of State shall, subject | ||
to the
provisions of paragraph (c), examine every licensed | ||
driver at least every 8
years, and may examine or re-examine | ||
any other applicant or licensed driver,
provided that during | ||
the years 1984 through 1991 those drivers issued a license
for | ||
3 years may be re-examined not less than every 7 years or more | ||
than every
10 years. | ||
The Secretary of State shall require the testing of the | ||
eyesight of any
driver's license or permit applicant who has | ||
not been previously licensed
as a driver under the laws of this | ||
State and shall promulgate rules and
regulations to provide for | ||
the orderly administration of all the provisions of
this | ||
Section. | ||
The Secretary of State shall include at least one test | ||
question that concerns the provisions of the Pedestrians with | ||
Disabilities Safety Act in the question pool used for the | ||
written portion of the drivers license examination within one | ||
year after the effective date of this amendatory Act of the | ||
96th General Assembly. | ||
(b) Except as provided for those applicants in paragraph | ||
(c), such
examination shall include a test of the applicant's
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eyesight, his ability to read and understand official traffic | ||
control devices,
his knowledge of safe driving practices and | ||
the traffic laws of this State,
and may include an actual | ||
demonstration of the applicant's ability to exercise
ordinary | ||
and reasonable control of the operation of a motor vehicle, and
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such further physical and mental examination as the Secretary | ||
of State finds
necessary to determine the applicant's fitness | ||
to operate a motor vehicle
safely on the highways, except the | ||
examination of an applicant 75 years
of age or older shall | ||
include an actual demonstration of the applicant's
ability to | ||
exercise ordinary and reasonable control of the operation of
a | ||
motor vehicle. All portions of written and verbal examinations | ||
under
this Section, excepting where the English language | ||
appears on facsimiles
of road signs, may be given in the | ||
Spanish language and, at the discretion
of the Secretary of | ||
State, in any other language as well as in English upon
request | ||
of the examinee. Deaf persons who are otherwise qualified are | ||
not
prohibited from being issued a license, other than a | ||
commercial driver's
license, under this Code. | ||
(c) Re-examination for those applicants who at the time of | ||
renewing their
driver's license possess a driving record devoid | ||
of any convictions of traffic
violations or evidence of | ||
committing an offense
for which mandatory revocation
would be | ||
required upon conviction pursuant to Section 6-205 at the time
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of renewal shall be in a manner prescribed by the Secretary
in | ||
order to determine an applicant's ability to safely operate a | ||
motor
vehicle,
except that every applicant for the renewal of a | ||
driver's license who is
75 years of age or older must prove, by | ||
an actual demonstration,
the applicant's ability to exercise | ||
reasonable care in the safe operation
of a motor vehicle. | ||
(d) In the event the applicant is not ineligible under the | ||
provisions of
Section 6-103 to receive a driver's license, the | ||
Secretary of State
shall make provision for giving an | ||
examination, either in the county where
the applicant resides | ||
or at a place adjacent thereto reasonably convenient
to the | ||
applicant, within not more than 30 days from the date said
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application is received. | ||
(Source: P.A. 91-350, eff. 7-29-99.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2010.
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