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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0031eng SB31 Engrossed LRB9101106KStm 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 (b) The stop signal arm required by Section 12-803 of 24 this Code shall be extended after the school bus has come to 25 a complete stop for the purpose of loading or discharging 26 pupils and shall be closed before the school bus is placed in 27 motion again. The stop signal arm shall not be extended at 28 any other time. 29 (c) The alternately flashing red signal lamps of an 30 8-lamp flashing signal system required by Section 12-805 of 31 this Code shall be actuated after the school bus has come to SB31 Engrossed -2- LRB9101106KStm 1 a complete stop for the purpose of loading or discharging 2 pupils and shall be turned off before the school bus is 3 placed in motion again. The red signal lamps shall not be 4 actuated at any other time except as provided in paragraph 5 (d) of this Section. 6 (d) The alternately flashing amber signal lamps of an 7 8-lamp flashing signal system required by Section 12-805 of 8 this Code shall be actuated continuously during not less than 9 the last 100 feet traveled by the school bus before stopping 10 for the purpose of loading or discharging pupils within an 11 urban area and during not less than the last 200 feet 12 traveled by the school bus outside an urban area. The amber 13 signal lamps shall remain actuated until the school bus is 14 stopped. The amber signal lamps shall not be actuated at any 15 other time. 16 (e) The driver of a vehicle upon a highway having 4 or 17 more lanes which permits at least 2 lanes of traffic to 18 travel in opposite directions need not stop such vehicle upon 19 meeting a school bus which is stopped in the opposing 20 roadway; and need not stop such vehicle when driving upon a 21 controlled access highway when passing a school bus traveling 22 in either direction that is stopped in a loading zone 23 adjacent to the surfaced or improved part of the controlled 24 access highway where pedestrians are not permitted to cross. 25 (f) Beginning with the effective date of this amendatory 26 Act of 1985, the Secretary of State shall suspend for a 27 period of 3 months the driving privileges of any person 28 convicted of a violation of subsection (a) of this Section or 29 a similar provision of a local ordinance; the Secretary shall 30 suspend for a period of one year the driving privileges of 31 any person convicted of a second or subsequent violation of 32 subsection (a) of this Section or a similar provision of a 33 local ordinance if the second or subsequent violation occurs 34 within 5 years of a prior conviction for the same offense. In SB31 Engrossed -3- LRB9101106KStm 1 addition to the suspensions authorized by this Section, any 2 person convicted of violating this Section or a similar 3 provision of a local ordinance shall be subject to a 4 mandatory fine of $150 or, upon a second or subsequent 5 violation, $500. The Secretary may also grant, for the 6 duration of any suspension issued under this subsection, a 7 restricted driving permit granting the privilege of driving a 8 motor vehicle between the driver's residence and place of 9 employment or within other proper limits that the Secretary 10 of State shall find necessary to avoid any undue hardship. A 11 restricted driving permit issued hereunder shall be subject 12 to cancellation, revocation and suspension by the Secretary 13 of State in like manner and for like cause as a driver's 14 license may be cancelled, revoked or suspended; except that a 15 conviction upon one or more offenses against laws or 16 ordinances regulating the movement of traffic shall be deemed 17 sufficient cause for the revocation, suspension or 18 cancellation of the restricted driving permit. The Secretary 19 of State may, as a condition to the issuance of a restricted 20 driving permit, require the applicant to participate in a 21 designated driver remedial or rehabilitative program. Any 22 conviction for a violation of this subsection shall be 23 included as an offense for the purposes of determining 24 suspension action under any other provision of this Code, 25 provided however, that the penalties provided under this 26 subsection shall be imposed unless those penalties imposed 27 under other applicable provisions are greater. 28 The owner of any vehicle alleged to have violated 29 paragraph (a) of this Section shall, upon appropriate demand 30 by the State's Attorney or other authorized prosecutor acting 31 in response to a signed complaint, provide a written 32 statement or deposition identifying the operator of the 33 vehicle if such operator was not the owner at the time of the 34 alleged violation. Failure to supply such information shall SB31 Engrossed -4- LRB9101106KStm 1 be construed to be the same as a violation of paragraph (a) 2 and shall be subject to the same penalties herein provided. 3 In the event the owner has assigned control for the use of 4 the vehicle to another, the person to whom control was 5 assigned shall comply with the provisions of this paragraph 6 and be subject to the same penalties as herein provided. 7 (Source: P.A. 89-210, eff. 8-2-95.)