| ||||
| Public Act 102-0859 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by | ||||
changing Sections 11-605 and 11-1414 as follows:
| ||||
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| ||||
Sec. 11-605. Special speed limit while passing schools.
| ||||
(a) For the purpose of this Section, "school" means the | ||||
following
entities:
| ||||
(1) A public or private primary or secondary school.
| ||||
(2) A primary or secondary school operated by a | ||||
religious institution.
| ||||
(3) A public, private, or religious nursery school.
| ||||
On a school day when school children are present and so | ||||
close
thereto
that a potential hazard exists because of the | ||||
close proximity of the motorized
traffic, no person shall | ||||
drive a motor vehicle at a speed in excess of 20 miles
per hour | ||||
while passing a school zone or while traveling on a roadway on | ||||
public
school property or upon any public
thoroughfare where | ||||
children pass going
to and from school.
| ||||
For the purpose of this Section, a school day begins at | ||||
6:30 a.m. and concludes at 4 p.m.
| ||||
This Section shall not be applicable unless appropriate | ||||
signs are posted
upon streets and highways under their | ||
respective jurisdiction and
maintained by the Department, | ||
township, county, park district, city,
village or incorporated | ||
town wherein the school zone is located. With regard
to the | ||
special speed limit while passing schools, such signs
shall | ||
give proper due warning that a school zone is being approached | ||
and
shall indicate the school zone and the maximum speed limit | ||
in effect during
school days when school children are present.
| ||
(b) (Blank).
| ||
(c) Nothing in this Chapter shall
prohibit the use of | ||
electronic speed-detecting devices within 500 feet of
signs | ||
within a special school speed zone indicating such zone, as | ||
defined
in this Section, nor shall evidence obtained thereby | ||
be inadmissible in any
prosecution for speeding provided the | ||
use of such device shall apply only
to the enforcement of the | ||
speed limit in such special school speed zone.
| ||
(d) (Blank).
| ||
(e) Except as provided in subsection (e-5), a person who | ||
violates this Section is guilty of a petty
offense. Violations | ||
of this Section are punishable with a minimum fine
of $150 for | ||
the first violation, and a minimum fine of $300 for the second | ||
or subsequent violation, and community service in an amount | ||
determined by the court.
| ||
(e-5) A person committing a violation of this Section is | ||
guilty of aggravated special speed limit while passing schools | ||
when he or she drives a motor vehicle at a speed that is: | ||
(1) 26 miles per hour or more but less than 35 miles | ||
per hour in excess of the applicable special speed limit | ||
established under this Section or a similar provision of a | ||
local ordinance and is guilty of a Class B misdemeanor; or | ||
(2) 35 miles per hour or more in excess of the | ||
applicable special speed limit established under this | ||
Section or a similar provision of a local ordinance and is | ||
guilty of a Class A misdemeanor. | ||
(f) (Blank).
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(Source: P.A. 102-58, eff. 7-9-21.)
| ||
(625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| ||
Sec. 11-1414. Approaching, overtaking, and passing school | ||
bus.
| ||
(a) The driver of a vehicle shall stop such vehicle before | ||
meeting or
overtaking, from either direction, any school bus | ||
stopped on a highway, roadway, private road, parking lot, | ||
school property, or at any other location, including, without | ||
limitation, a location that is not a highway or roadway 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.
| ||
(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 | ||
time.
| ||
(c) The alternately flashing red signal lamps of an
8-lamp | ||
flashing signal system required by Section 12-805 of this Code
| ||
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
except as provided in paragraph (d) of this Section.
| ||
(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.
| ||
(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.
| ||
(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
| ||
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.
| ||
(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
violating this Section or a similar provision of a local | ||
ordinance
shall be subject to a mandatory fine of $300 or, upon | ||
a second or subsequent
violation, $1,000, and community | ||
service in an amount set by the court.
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
| ||
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 | ||
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
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
| ||
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.
| ||
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 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. In the event the owner has assigned | ||
control for the use
of the vehicle to another, the person to | ||
whom control was assigned shall
comply with the provisions of | ||
this paragraph and be subject to the same
penalties as herein | ||
provided.
| ||
(Source: P.A. 101-55, eff. 1-1-20.)
| ||