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92_HB2056 LRB9206444ARsb 1 AN ACT concerning vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 11-1414 as follows: 6 (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414) 7 Sec. 11-1414. Approaching, overtaking, and passing 8 school bus. 9 (a) The driver of a vehicle shall stop such vehicle 10 before meeting or overtaking, from either direction, any 11 school bus stopped for the purpose of receiving or 12 discharging pupils on a highway, on a roadway on school 13 property, or upon a private road within an area that is 14 covered by a contract or agreement executed pursuant to 15 Section 11-209.1 of this Code. Such stop is required before 16 reaching the school bus when there is in operation on the 17 school bus the visual signals as specified in Sections 12-803 18 and 12-805 of this Code. The driver of the vehicle shall not 19 proceed until the school bus resumes motion or the driver of 20 the vehicle is signaled by the school bus driver to proceed 21 or the visual signals are no longer actuated. 22 (b) The stop signal arm required by Section 12-803 of 23 this Code shall be extended after the school bus has come to 24 a complete stop for the purpose of loading or discharging 25 pupils and shall be closed before the school bus is placed in 26 motion again. The stop signal arm shall not be extended at 27 any other time. 28 (c) The alternately flashing red signal lamps of an 29 8-lamp flashing signal system required by Section 12-805 of 30 this Code shall be actuated after the school bus has come to 31 a complete stop for the purpose of loading or discharging -2- LRB9206444ARsb 1 pupils and shall be turned off before the school bus is 2 placed in motion again. The red signal lamps shall not be 3 actuated at any other time except as provided in paragraph 4 (d) of this Section. 5 (d) The alternately flashing amber signal lamps of an 6 8-lamp flashing signal system required by Section 12-805 of 7 this Code shall be actuated continuously during not less than 8 the last 100 feet traveled by the school bus before stopping 9 for the purpose of loading or discharging pupils within an 10 urban area and during not less than the last 200 feet 11 traveled by the school bus outside an urban area. The amber 12 signal lamps shall remain actuated until the school bus is 13 stopped. The amber signal lamps shall not be actuated at any 14 other time. 15 (e) The driver of a vehicle upon a highway having 4 or 16 more lanes which permits at least 2 lanes of traffic to 17 travel in opposite directions need not stop such vehicle upon 18 meeting a school bus which is stopped in the opposing 19 roadway; and need not stop such vehicle when driving upon a 20 controlled access highway when passing a school bus traveling 21 in either direction that is stopped in a loading zone 22 adjacent to the surfaced or improved part of the controlled 23 access highway where pedestrians are not permitted to cross. 24 (f) Beginning with the effective date of this amendatory 25 Act of 1985, the Secretary of State shall suspend for a 26 period of 3 months the driving privileges of any person 27 convicted of a violation of subsection (a) of this Section or 28 a similar provision of a local ordinance; the Secretary shall 29 suspend for a period of one year the driving privileges of 30 any person convicted of a second or subsequent violation of 31 subsection (a) of this Section or a similar provision of a 32 local ordinance if the second or subsequent violation occurs 33 within 5 years of a prior conviction for the same offense. In 34 addition to the suspensions authorized by this Section, any -3- LRB9206444ARsb 1 person convicted of violating this Section or a similar 2 provision of a local ordinance shall be subject to a 3 mandatory fine of $150 or, upon a second or subsequent 4 violation, $500. The Secretary may also grant, for the 5 duration of any suspension issued under this subsection, a 6 restricted driving permit granting the privilege of driving a 7 motor vehicle between the driver's residence and place of 8 employment or within other proper limits that the Secretary 9 of State shall find necessary to avoid any undue hardship. A 10 restricted driving permit issued hereunder shall be subject 11 to cancellation, revocation and suspension by the Secretary 12 of State in like manner and for like cause as a driver's 13 license may be cancelled, revoked or suspended; except that a 14 conviction upon one or more offenses against laws or 15 ordinances regulating the movement of traffic shall be deemed 16 sufficient cause for the revocation, suspension or 17 cancellation of the restricted driving permit. The Secretary 18 of State may, as a condition to the issuance of a restricted 19 driving permit, require the applicant to participate in a 20 designated driver remedial or rehabilitative program. Any 21 conviction for a violation of this subsection shall be 22 included as an offense for the purposes of determining 23 suspension action under any other provision of this Code, 24 provided however, that the penalties provided under this 25 subsection shall be imposed unless those penalties imposed 26 under other applicable provisions are greater. 27 The owner of any vehicle alleged to have violated 28 paragraph (a) of this Section shall, upon appropriate demand 29 by the State's Attorney,orother authorized prosecutor, or 30 law enforcement officer acting in response to a signed 31 complaint, provide a written statement or deposition 32 identifying the operator of the vehicle if such operator was 33 not the owner at the time of the alleged violation. Failure 34 to supply such information shall be construed to be the same -4- LRB9206444ARsb 1 as a violation of paragraph (a) and shall be subject to the 2 same penalties herein provided. In the event the owner has 3 assigned control for the use of the vehicle to another, the 4 person to whom control was assigned shall comply with the 5 provisions of this paragraph and be subject to the same 6 penalties as herein provided. 7 (g) A law enforcement officer has the power to issue a 8 citation in response to a signed complaint concerning a 9 violation of subsection (a) of this Section or a similar 10 provision of a local ordinance. 11 (Source: P.A. 91-260, eff. 1-1-00.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.