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| Public Act 102-0338 | ||||
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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 11-907 as follows:
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(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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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:
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(1) the driver of every other vehicle
shall yield the | ||||
right-of-way and shall immediately drive to a position
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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
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otherwise directed by a police officer; and
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(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.
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(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.
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(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:
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(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
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(2) if changing lanes would be impossible or unsafe, | ||
proceeding with due caution, reduce the speed of the | ||
vehicle,
maintaining a safe speed for road conditions and | ||
leaving a safe distance until safely past the stationary | ||
vehicles.
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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.
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(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
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11-501 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.
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(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.
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(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.
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(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.
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(h) The Secretary of State shall, upon receiving a record | ||
of a judgment
entered against a person under subsection (c) 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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(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. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)
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