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91_HB3031
LRB9109488DHmgA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-1414.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-1414 as follows:
7 (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
8 Sec. 11-1414. Approaching, overtaking, and passing
9 school bus.
10 (a) The driver of a vehicle shall stop such vehicle
11 before meeting or overtaking, from either direction, any
12 school bus stopped for the purpose of receiving or
13 discharging pupils on a highway, on a roadway on school
14 property, or upon a private road within an area that is
15 covered by a contract or agreement executed pursuant to
16 Section 11-209.1 of this Code. Such stop is required before
17 reaching the school bus when there is in operation on the
18 school bus the visual signals as specified in Sections 12-803
19 and 12-805 of this Code. The driver of the vehicle shall not
20 proceed until the school bus resumes motion or the driver of
21 the vehicle is signaled by the school bus driver to proceed
22 or the visual signals are no longer actuated.
23 This subsection (a) does not prohibit a vehicle from
24 passing a school bus or buses stopped for the purpose of
25 receiving or discharging pupils on a roadway on school
26 property under the following specific circumstances:
27 (i) the bus or buses are parked on the side of the roadway
28 that is nearest to the school building; (ii) the bus or
29 buses are parked along the curb and off the roadway; (iii)
30 if buses are parked in a line of 2 or more, the buses are
31 parked from end to end with the bumpers no more than 6 inches
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1 apart to prevent students from walking in between the buses;
2 and (iv) one school employee or official is located at each
3 end of the bus or bus line to prevent students from running
4 out into the roadway.
5 (b) The stop signal arm required by Section 12-803 of
6 this Code shall be extended after the school bus has come to
7 a complete stop for the purpose of loading or discharging
8 pupils and shall be closed before the school bus is placed in
9 motion again. The stop signal arm shall not be extended at
10 any other time.
11 (c) The alternately flashing red signal lamps of an
12 8-lamp flashing signal system required by Section 12-805 of
13 this Code shall be actuated after the school bus has come to
14 a complete stop for the purpose of loading or discharging
15 pupils and shall be turned off before the school bus is
16 placed in motion again. The red signal lamps shall not be
17 actuated at any other time except as provided in paragraph
18 (d) of this Section.
19 (d) The alternately flashing amber signal lamps of an
20 8-lamp flashing signal system required by Section 12-805 of
21 this Code shall be actuated continuously during not less than
22 the last 100 feet traveled by the school bus before stopping
23 for the purpose of loading or discharging pupils within an
24 urban area and during not less than the last 200 feet
25 traveled by the school bus outside an urban area. The amber
26 signal lamps shall remain actuated until the school bus is
27 stopped. The amber signal lamps shall not be actuated at any
28 other time.
29 (e) The driver of a vehicle upon a highway having 4 or
30 more lanes which permits at least 2 lanes of traffic to
31 travel in opposite directions need not stop such vehicle upon
32 meeting a school bus which is stopped in the opposing
33 roadway; and need not stop such vehicle when driving upon a
34 controlled access highway when passing a school bus traveling
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1 in either direction that is stopped in a loading zone
2 adjacent to the surfaced or improved part of the controlled
3 access highway where pedestrians are not permitted to cross.
4 (f) Beginning with the effective date of this amendatory
5 Act of 1985, the Secretary of State shall suspend for a
6 period of 3 months the driving privileges of any person
7 convicted of a violation of subsection (a) of this Section or
8 a similar provision of a local ordinance; the Secretary shall
9 suspend for a period of one year the driving privileges of
10 any person convicted of a second or subsequent violation of
11 subsection (a) of this Section or a similar provision of a
12 local ordinance if the second or subsequent violation occurs
13 within 5 years of a prior conviction for the same offense. In
14 addition to the suspensions authorized by this Section, any
15 person convicted of violating this Section or a similar
16 provision of a local ordinance shall be subject to a
17 mandatory fine of $150 or, upon a second or subsequent
18 violation, $500. The Secretary may also grant, for the
19 duration of any suspension issued under this subsection, a
20 restricted driving permit granting the privilege of driving a
21 motor vehicle between the driver's residence and place of
22 employment or within other proper limits that the Secretary
23 of State shall find necessary to avoid any undue hardship. A
24 restricted driving permit issued hereunder shall be subject
25 to cancellation, revocation and suspension by the Secretary
26 of State in like manner and for like cause as a driver's
27 license may be cancelled, revoked or suspended; except that a
28 conviction upon one or more offenses against laws or
29 ordinances regulating the movement of traffic shall be deemed
30 sufficient cause for the revocation, suspension or
31 cancellation of the restricted driving permit. The Secretary
32 of State may, as a condition to the issuance of a restricted
33 driving permit, require the applicant to participate in a
34 designated driver remedial or rehabilitative program. Any
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1 conviction for a violation of this subsection shall be
2 included as an offense for the purposes of determining
3 suspension action under any other provision of this Code,
4 provided however, that the penalties provided under this
5 subsection shall be imposed unless those penalties imposed
6 under other applicable provisions are greater.
7 The owner of any vehicle alleged to have violated
8 paragraph (a) of this Section shall, upon appropriate demand
9 by the State's Attorney or other authorized prosecutor acting
10 in response to a signed complaint, provide a written
11 statement or deposition identifying the operator of the
12 vehicle if such operator was not the owner at the time of the
13 alleged violation. Failure to supply such information shall
14 be construed to be the same as a violation of paragraph (a)
15 and shall be subject to the same penalties herein provided.
16 In the event the owner has assigned control for the use of
17 the vehicle to another, the person to whom control was
18 assigned shall comply with the provisions of this paragraph
19 and be subject to the same penalties as herein provided.
20 (Source: P.A. 91-260, eff. 1-1-00.)