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| Public Act 101-0172 | ||||
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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 | ||||
Sections 11-305 and 11-908 as follows:
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(625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305)
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Sec. 11-305. Obedience to and required
traffic-control | ||||
devices. (a) The driver of any vehicle
shall obey the | ||||
instructions of any official
traffic-control device applicable | ||||
thereto
placed or held in accordance with the provisions of | ||||
this Act,
unless otherwise directed by a police officer, | ||||
subject to the
exceptions granted the driver of an authorized | ||||
emergency vehicle
in this Act.
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(b) It is unlawful for any person to leave the roadway
and | ||||
travel across private property to avoid an official
traffic | ||||
control device.
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(c) No provision of this Act for which official
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traffic-control devices are required shall
be enforced against | ||||
an alleged violator if at the time and
place of the alleged | ||||
violation an official device is not in
proper position and | ||||
sufficiently legible to be seen by an
ordinarily observant | ||||
person. Whenever a particular section does not
state that | ||||
official traffic-control devices
are required, such section | ||||
shall be effective even though no devices
are erected or in | ||
place.
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(d) Whenever any official traffic-control device is placed | ||
or held in
position approximately conforming to the | ||
requirements of this Act and
purports to conform to the lawful | ||
requirements pertaining to such device,
such device shall be | ||
presumed to have been so placed or held by the
official act or | ||
direction of lawful authority, and comply with the
requirements | ||
of this Act, unless the contrary shall be established by
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competent evidence.
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(e) The driver of a vehicle approaching a traffic control | ||
signal on
which no signal light facing such vehicle is | ||
illuminated shall stop before
entering the intersection in | ||
accordance with rules applicable in making a
stop at a stop | ||
sign.
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(f) Any violation of subsection (a) that occurs within a | ||
designated highway construction zone or maintenance zone shall | ||
result in a fine of no less than $100 and no more than $1,000. | ||
(Source: P.A. 84-873.)
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(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
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Sec. 11-908. Vehicle approaching or entering a highway | ||
construction or
maintenance
area or zone. | ||
(a) The driver of a vehicle shall yield the right-of-way to | ||
any
authorized vehicle or pedestrian actually engaged in work | ||
upon a highway
within any highway construction or maintenance | ||
area indicated by
official traffic-control devices.
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(a-1) Upon entering a construction or maintenance zone
when | ||
workers are present, a
person who drives a vehicle shall:
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(1) proceeding with due caution, make a
lane change | ||
into a lane not adjacent to that of the workers present,
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
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vehicle; or
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(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.
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(a-2) A person who violates subsection (a-1) of this
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Section commits a business
offense punishable by a fine of not | ||
less than $100 and not more than $25,000 $10,000. It is a | ||
factor in
aggravation if the person committed the offense while | ||
in violation of Section
11-501 of this Code.
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(a-3) If a violation of subsection (a-1) of this Section
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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.
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(a-4) If a violation of subsection (a-1) of this Section
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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.
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(a-5) If a violation of subsection (a-1) of this Section
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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.
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(a-6) The Secretary of State shall, upon receiving a record | ||
of a judgment
entered against a person under subsection (a-1) | ||
of this
Section:
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(1) suspend the person's driving privileges for the | ||
mandatory period; or
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(2) extend the period of an existing suspension by the | ||
appropriate
mandatory period.
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(b) The driver of a vehicle shall yield the right-of-way to | ||
any
authorized vehicle obviously and actually engaged in work | ||
upon a highway
whenever the vehicle engaged in construction or | ||
maintenance work
displays flashing lights as provided in | ||
Section 12-215 of this Act.
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(c) The driver of a vehicle shall stop if signaled to do so | ||
by a
flagger or a traffic control signal and remain in such | ||
position until
signaled to proceed. If a driver of a vehicle | ||
fails to stop when signaled
to do so by a flagger, the flagger | ||
is authorized to report such offense to
the State's Attorney or | ||
authorized prosecutor.
The penalties imposed for a violation of | ||
this subsection (c) shall be in
addition to any penalties | ||
imposed for a violation of subsection (a-1).
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(Source: P.A. 100-201, eff. 8-18-17.)
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