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92_HB2056ham001
LRB9206444RCcdam
1 AMENDMENT TO HOUSE BILL 2056
2 AMENDMENT NO. . Amend House Bill 2056 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-1414, 12-215, and 12-805 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
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1 or the visual signals are no longer actuated.
2 (b) The stop signal arm required by Section 12-803 of
3 this Code shall be extended after the school bus has come to
4 a complete stop for the purpose of loading or discharging
5 pupils and shall be closed before the school bus is placed in
6 motion again. The stop signal arm shall not be extended at
7 any other time.
8 (c) The alternately flashing red signal lamps of an
9 8-lamp flashing signal system required by Section 12-805 of
10 this Code shall be actuated after the school bus has come to
11 a complete stop for the purpose of loading or discharging
12 pupils and shall be turned off before the school bus is
13 placed in motion again. The red signal lamps shall not be
14 actuated at any other time except as provided in paragraph
15 (d) of this Section.
16 (d) The alternately flashing amber signal lamps of an
17 8-lamp flashing signal system required by Section 12-805 of
18 this Code shall be actuated continuously during not less than
19 the last 100 feet traveled by the school bus before stopping
20 for the purpose of loading or discharging pupils within an
21 urban area and during not less than the last 200 feet
22 traveled by the school bus outside an urban area. The amber
23 signal lamps shall remain actuated until the school bus is
24 stopped. The amber signal lamps shall not be actuated at any
25 other time.
26 (d-5) The alternately flashing head lamps permitted by
27 Section 12-805 of this Code may be operated while the
28 alternately flashing red or amber signal lamps required by
29 that Section are actuated.
30 (e) The driver of a vehicle upon a highway having 4 or
31 more lanes which permits at least 2 lanes of traffic to
32 travel in opposite directions need not stop such vehicle upon
33 meeting a school bus which is stopped in the opposing
34 roadway; and need not stop such vehicle when driving upon a
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1 controlled access highway when passing a school bus traveling
2 in either direction that is stopped in a loading zone
3 adjacent to the surfaced or improved part of the controlled
4 access highway where pedestrians are not permitted to cross.
5 (f) Beginning with the effective date of this amendatory
6 Act of 1985, the Secretary of State shall suspend for a
7 period of 3 months the driving privileges of any person
8 convicted of a violation of subsection (a) of this Section or
9 a similar provision of a local ordinance; the Secretary shall
10 suspend for a period of one year the driving privileges of
11 any person convicted of a second or subsequent violation of
12 subsection (a) of this Section or a similar provision of a
13 local ordinance if the second or subsequent violation occurs
14 within 5 years of a prior conviction for the same offense. In
15 addition to the suspensions authorized by this Section, any
16 person convicted of violating this Section or a similar
17 provision of a local ordinance shall be subject to a
18 mandatory fine of $150 or, upon a second or subsequent
19 violation, $500. The Secretary may also grant, for the
20 duration of any suspension issued under this subsection, a
21 restricted driving permit granting the privilege of driving a
22 motor vehicle between the driver's residence and place of
23 employment or within other proper limits that the Secretary
24 of State shall find necessary to avoid any undue hardship. A
25 restricted driving permit issued hereunder shall be subject
26 to cancellation, revocation and suspension by the Secretary
27 of State in like manner and for like cause as a driver's
28 license may be cancelled, revoked or suspended; except that a
29 conviction upon one or more offenses against laws or
30 ordinances regulating the movement of traffic shall be deemed
31 sufficient cause for the revocation, suspension or
32 cancellation of the restricted driving permit. The Secretary
33 of State may, as a condition to the issuance of a restricted
34 driving permit, require the applicant to participate in a
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1 designated driver remedial or rehabilitative program. Any
2 conviction for a violation of this subsection shall be
3 included as an offense for the purposes of determining
4 suspension action under any other provision of this Code,
5 provided however, that the penalties provided under this
6 subsection shall be imposed unless those penalties imposed
7 under other applicable provisions are greater.
8 The owner of any vehicle alleged to have violated
9 paragraph (a) of this Section shall, upon appropriate demand
10 by the State's Attorney or other authorized prosecutor acting
11 in response to a signed complaint, provide a written
12 statement or deposition identifying the operator of the
13 vehicle if such operator was not the owner at the time of the
14 alleged violation. Failure to supply such information shall
15 be construed to be the same as a violation of paragraph (a)
16 and shall be subject to the same penalties herein provided.
17 In the event the owner has assigned control for the use of
18 the vehicle to another, the person to whom control was
19 assigned shall comply with the provisions of this paragraph
20 and be subject to the same penalties as herein provided.
21 (Source: P.A. 91-260, eff. 1-1-00.)
22 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
23 Sec. 12-215. Oscillating, rotating or flashing lights on
24 motor vehicles. Except as otherwise provided in this Code:
25 (a) The use of red or white oscillating, rotating or
26 flashing lights, whether lighted or unlighted, is prohibited
27 except on:
28 1. Law enforcement vehicles of State, Federal or
29 local authorities;
30 2. A vehicle operated by a police officer or county
31 coroner and designated or authorized by local
32 authorities, in writing, as a law enforcement vehicle;
33 however, such designation or authorization must be
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1 carried in the vehicle;
2 3. Vehicles of local fire departments and State or
3 federal firefighting vehicles;
4 4. Vehicles which are designed and used exclusively
5 as ambulances or rescue vehicles; furthermore, such
6 lights shall not be lighted except when responding to an
7 emergency call for and while actually conveying the sick
8 or injured; and
9 5. Tow trucks licensed in a state that requires
10 such lights; furthermore, such lights shall not be
11 lighted on any such tow truck while the tow truck is
12 operating in the State of Illinois; and.
13 6. School buses operating alternately flashing head
14 lamps as permitted under Section 12-805 of this Code.
15 (b) The use of amber oscillating, rotating or flashing
16 lights, whether lighted or unlighted, is prohibited except
17 on:
18 1. Second division vehicles designed and used for
19 towing or hoisting vehicles; furthermore, such lights
20 shall not be lighted except as required in this paragraph
21 1; such lights shall be lighted when such vehicles are
22 actually being used at the scene of an accident or
23 disablement; if the towing vehicle is equipped with a
24 flat bed that supports all wheels of the vehicle being
25 transported, the lights shall not be lighted while the
26 vehicle is engaged in towing on a highway; if the towing
27 vehicle is not equipped with a flat bed that supports all
28 wheels of a vehicle being transported, the lights shall
29 be lighted while the towing vehicle is engaged in towing
30 on a highway during all times when the use of headlights
31 is required under Section 12-201 of this Code;
32 2. Motor vehicles or equipment of the State of
33 Illinois, local authorities and contractors; furthermore,
34 such lights shall not be lighted except while such
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1 vehicles are engaged in maintenance or construction
2 operations within the limits of construction projects;
3 3. Vehicles or equipment used by engineering or
4 survey crews; furthermore, such lights shall not be
5 lighted except while such vehicles are actually engaged
6 in work on a highway;
7 4. Vehicles of public utilities, municipalities, or
8 other construction, maintenance or automotive service
9 vehicles except that such lights shall be lighted only as
10 a means for indicating the presence of a vehicular
11 traffic hazard requiring unusual care in approaching,
12 overtaking or passing while such vehicles are engaged in
13 maintenance, service or construction on a highway;
14 5. Oversized vehicle or load; however, such lights
15 shall only be lighted when moving under permit issued by
16 the Department under Section 15-301 of this Code;
17 6. The front and rear of motorized equipment owned
18 and operated by the State of Illinois or any political
19 subdivision thereof, which is designed and used for
20 removal of snow and ice from highways;
21 7. Fleet safety vehicles registered in another
22 state, furthermore, such lights shall not be lighted
23 except as provided for in Section 12-212 of this Code;
24 8. Such other vehicles as may be authorized by
25 local authorities;
26 9. Law enforcement vehicles of State or local
27 authorities when used in combination with red
28 oscillating, rotating or flashing lights;
29 10. Vehicles used for collecting or delivering mail
30 for the United States Postal Service provided that such
31 lights shall not be lighted except when such vehicles are
32 actually being used for such purposes;
33 11. Any vehicle displaying a slow-moving vehicle
34 emblem as provided in Section 12-205.1;
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1 12. All trucks equipped with self-compactors or
2 roll-off hoists and roll-on containers for garbage or
3 refuse hauling. Such lights shall not be lighted except
4 when such vehicles are actually being used for such
5 purposes;
6 13. Vehicles used by a security company, alarm
7 responder, or control agency, if the security company,
8 alarm responder, or control agency is bound by a contract
9 with a federal, State, or local government entity to use
10 the lights; and
11 14. Security vehicles of the Department of Human
12 Services; however, the lights shall not be lighted except
13 when being used for security related purposes under the
14 direction of the superintendent of the facility where the
15 vehicle is located.
16 (c) The use of blue oscillating, rotating or flashing
17 lights, whether lighted or unlighted, is prohibited except
18 on:
19 1. Rescue squad vehicles not owned by a fire
20 department and vehicles owned or fully operated by a:
21 voluntary firefighter;
22 paid firefighter;
23 part-paid firefighter;
24 call firefighter;
25 member of the board of trustees of a fire
26 protection district;
27 paid or unpaid member of a rescue squad; or
28 paid or unpaid member of a voluntary ambulance
29 unit.
30 However, such lights are not to be lighted except
31 when responding to a bona fide emergency.
32 2. Police department vehicles in cities having a
33 population of 500,000 or more inhabitants.
34 3. Law enforcement vehicles of State or local
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1 authorities when used in combination with red
2 oscillating, rotating or flashing lights.
3 4. Vehicles of local fire departments and State or
4 federal firefighting vehicles when used in combination
5 with red oscillating, rotating or flashing lights.
6 5. Vehicles which are designed and used exclusively
7 as ambulances or rescue vehicles when used in combination
8 with red oscillating, rotating or flashing lights;
9 furthermore, such lights shall not be lighted except when
10 responding to an emergency call.
11 6. Vehicles that are equipped and used exclusively
12 as organ transport vehicles when used in combination with
13 red oscillating, rotating, or flashing lights;
14 furthermore, these lights shall only be lighted when the
15 transportation is declared an emergency by a member of
16 the transplant team or a representative of the organ
17 procurement organization.
18 (d) The use of a combination of amber and white
19 oscillating, rotating or flashing lights, whether lighted or
20 unlighted, is prohibited, except motor vehicles or equipment
21 of the State of Illinois, local authorities and contractors
22 may be so equipped; furthermore, such lights shall not be
23 lighted except while such vehicles are engaged in highway
24 maintenance or construction operations within the limits of
25 highway construction projects.
26 (e) All oscillating, rotating or flashing lights
27 referred to in this Section shall be of sufficient intensity,
28 when illuminated, to be visible at 500 feet in normal
29 sunlight.
30 (f) Nothing in this Section shall prohibit a
31 manufacturer of oscillating, rotating or flashing lights or
32 his representative from temporarily mounting such lights on a
33 vehicle for demonstration purposes only.
34 (g) Any person violating the provisions of subsections
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1 (a), (b), (c) or (d) of this Section who without lawful
2 authority stops or detains or attempts to stop or detain
3 another person shall be guilty of a Class 4 felony.
4 (h) Except as provided in subsection (g) above, any
5 person violating the provisions of subsections (a) or (c) of
6 this Section shall be guilty of a Class A misdemeanor.
7 (Source: P.A. 90-330, eff. 8-8-97; 90-347, eff. 1-1-98;
8 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
9 (625 ILCS 5/12-805) (from Ch. 95 1/2, par. 12-805)
10 Sec. 12-805. Special lighting equipment.
11 Each school bus purchased as a new vehicle after December
12 31, 1975 shall be equipped with an 8-lamp flashing signal
13 system. Until December 31, 1978, all other school buses shall
14 be equipped with either a 4-lamp or an 8-lamp flashing signal
15 system. After December 31, 1978, all school buses shall be
16 equipped with an 8-lamp flashing signal system.
17 A 4-lamp flashing signal system shall have 2 alternately
18 flashing red lamps mounted as high and as widely spaced
19 laterally on the same level as practicable at the front of
20 the school bus and 2 such lamps mounted in the same manner at
21 the rear.
22 An 8-lamp flashing signal system shall have, in addition
23 to a 4-lamp system, 4 alternately flashing amber lamps. Each
24 amber lamp shall be mounted next to a red lamp and at the
25 same level but closer to the centerline of the school bus.
26 Each signal lamp shall be a sealed beam at least 5 1/2
27 inches in diameter and shall have sufficient intensity to be
28 visible at 500 feet in normal sunlight. Both the 4-lamp and
29 8-lamp system shall be actuated only by means of a manual
30 switch. There shall be a device for indicating to the driver
31 that the system is operating properly or is inoperative.
32 A school bus may also be equipped with alternately
33 flashing head lamps, which may be operated in conjunction
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1 with the 8-lamp flashing signal system.
2 (Source: P.A. 79-1400.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".