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Public Act 093-0705 |
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AN ACT concerning vehicles.
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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 11-907 and 11-908 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.
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(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
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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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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 $100 or more than $10,000. A
person charged with
the | ||
offense must appear in court to answer the charges. 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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(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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(Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03; 93-173, | ||
eff. 7-11-03.)
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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.
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(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 $10,000. A person charged with
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the offense must appear in court to answer the charges. 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. 92-872, eff. 6-1-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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