(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
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The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle.
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 $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony.
(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.
(i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts.
(j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court.
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
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