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92_SB1657enr SB1657 Enrolled SRS92SB0053AKcp 1 AN ACT in relation to 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 Sections 11-907, 11-908, and 12-215 as follows: 6 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) 7 Sec. 11-907. Operation of vehicles and streetcars on 8 approach of authorized emergency vehicles. 9 (a) Upon the immediate approach of an authorized 10 emergency vehicle making use of audible and visual signals 11 meeting the requirements of this Code or a police vehicle 12 properly and lawfully making use of an audible or visual 13 signal, 14 (1) the driver of every other vehicle shall yield 15 the right-of-way and shall immediately drive to a 16 position parallel to, and as close as possible to, the 17 right-hand edge or curb of the highway clear of any 18 intersection and shall, if necessary to permit the safe 19 passage of the emergency vehicle, stop and remain in such 20 position until the authorized emergency vehicle has 21 passed, unless otherwise directed by a police officer and 22 (2) the operator of every streetcar shall 23 immediately stop such car clear of any intersection and 24 keep it in such position until the authorized emergency 25 vehicle has passed, unless otherwise directed by a police 26 officer. 27 (b) This Section shall not operate to relieve the driver 28 of an authorized emergency vehicle from the duty to drive 29 with due regard for the safety of all persons using the 30 highway. 31 (c) Upon approaching a stationary authorized emergency SB1657 Enrolled -2- SRS92SB0053AKcp 1 vehicle, when the authorized emergency vehicle is giving a 2 signal by displaying alternately flashing red, red and white, 3 blue, or red and blue lights or amber or yellow warning 4 lights, a person who drives an approaching vehicle shall: 5 (1) proceeding with due caution, yield the 6 right-of-way by making a lane change into a lane not 7 adjacent to that of the authorized emergency vehicle, if 8 possible with due regard to safety and traffic 9 conditions, if on a highway having at least 4 lanes with 10 not less than 2 lanes proceeding in the same direction as 11 the approaching vehicle; or 12 (2) proceeding with due caution, reduce the speed 13 of the vehicle, maintaining a safe speed for road 14 conditions, if changing lanes would be impossible or 15 unsafe. 16 As used in this subsection (c), "authorized emergency 17 vehicle" includes any vehicle authorized by law to be 18 equipped with oscillating, rotating, or flashing lights under 19 Section 12-215 of this Code, while the owner or operator of 20 the vehicle is engaged in his or her official duties. 21 (d) A person who violates subsection (c) of this Section 22 commits a business offense punishable by a fine of not more 23 than $10,000. A person charged with the offense must appear 24 in court to answer the charges. It is a factor in 25 aggravation if the person committed the offense while in 26 violation of Section 11-501 of this Code. 27 (e) If a violation of subsection (c) of this Section 28 results in damage to the property of another person, in 29 addition to any other penalty imposed, the person's driving 30 privileges shall be suspended for a fixed period of not less 31 than 90 days and not more than one year. 32 (f) If a violation of subsection (c) of this Section 33 results in injury to another person, in addition to any other 34 penalty imposed, the person's driving privileges shall be SB1657 Enrolled -3- SRS92SB0053AKcp 1 suspended for a fixed period of not less than 180 days and 2 not more than 2 years. 3 (g) If a violation of subsection (c) of this Section 4 results in the death of another person, in addition to any 5 other penalty imposed, the person's driving privileges shall 6 be suspended for 2 years. 7 (h) The Secretary of State shall, upon receiving a 8 record of a judgment entered against a person under 9 subsection (c) of this Section: 10 (1) suspend the person's driving privileges for the 11 mandatory period; or 12 (2) extend the period of an existing suspension by 13 the appropriate mandatory period. 14 (Source: P.A. 92-283, eff. 1-1-02.) 15 (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908) 16 Sec. 11-908. Vehicle approaching or entering a highway 17 construction or maintenance area or zone. 18 (a) The driver of a vehicle shall yield the right of way 19 to any authorized vehicle or pedestrian actually engaged in 20 work upon a highway within any highway construction or 21 maintenance area indicated by official traffic-control 22 devices. 23 (a-1) Upon entering a construction or maintenance zone 24 when workers are present, a person who drives a vehicle 25 shall: 26 (1) proceeding with due caution, make a lane change 27 into a lane not adjacent to that of the workers present, 28 if possible with due regard to safety and traffic 29 conditions, if on a highway having at least 4 lanes with 30 not less than 2 lanes proceeding in the same direction as 31 the approaching vehicle; or 32 (2) proceeding with due caution, reduce the speed 33 of the vehicle, maintaining a safe speed for road SB1657 Enrolled -4- SRS92SB0053AKcp 1 conditions, if changing lanes would be impossible or 2 unsafe. 3 (a-2) A person who violates subsection (a-1) of this 4 Section commits a business offense punishable by a fine of 5 not more than $10,000. A person charged with the offense 6 must appear in court to answer the charges. It is a factor 7 in aggravation if the person committed the offense while in 8 violation of Section 11-501 of this Code. 9 (a-3) If a violation of subsection (a-1) of this Section 10 results in damage to the property of another person, in 11 addition to any other penalty imposed, the person's driving 12 privileges shall be suspended for a fixed period of not less 13 than 90 days and not more than one year. 14 (a-4) If a violation of subsection (a-1) of this Section 15 results in injury to another person, in addition to any other 16 penalty imposed, the person's driving privileges shall be 17 suspended for a fixed period of not less than 180 days and 18 not more than 2 years. 19 (a-5) If a violation of subsection (a-1) of this Section 20 results in the death of another person, in addition to any 21 other penalty imposed, the person's driving privileges shall 22 be suspended for 2 years. 23 (a-6) The Secretary of State shall, upon receiving a 24 record of a judgment entered against a person under 25 subsection (a-1) of this Section: 26 (1) suspend the person's driving privileges for the 27 mandatory period; or 28 (2) extend the period of an existing suspension by 29 the appropriate mandatory period. 30 (b) The driver of a vehicle shall yield the right of way 31 to any authorized vehicle obviously and actually engaged in 32 work upon a highway whenever the vehicle engaged in 33 construction or maintenance work displays flashing lights as 34 provided in Section 12-215 of this Act. SB1657 Enrolled -5- SRS92SB0053AKcp 1 (c) The driver of a vehicle shall stop if signaled to do 2 so by a flagger or a traffic control signal and remain in 3 such position until signaled to proceed. If a driver of a 4 vehicle fails to stop when signaled to do so by a flagger, 5 the flagger is authorized to report such offense to the 6 State's Attorney or authorized prosecutor. The penalties 7 imposed for a violation of this subsection (c) shall be in 8 addition to any penalties imposed for a violation of 9 subsection (a-1). 10 (Source: P.A. 86-611.) 11 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215) 12 Sec. 12-215. Oscillating, rotating or flashing lights on 13 motor vehicles. Except as otherwise provided in this Code: 14 (a) The use of red or white oscillating, rotating or 15 flashing lights, whether lighted or unlighted, is prohibited 16 except on: 17 1. Law enforcement vehicles of State, Federal or 18 local authorities; 19 2. A vehicle operated by a police officer or county 20 coroner and designated or authorized by local 21 authorities, in writing, as a law enforcement vehicle; 22 however, such designation or authorization must be 23 carried in the vehicle; 24 3. Vehicles of local fire departments and State or 25 federal firefighting vehicles; 26 4. Vehicles which are designed and used exclusively 27 as ambulances or rescue vehicles; furthermore, such 28 lights shall not be lighted except when responding to an 29 emergency call for and while actually conveying the sick 30 or injured; 31 5. Tow trucks licensed in a state that requires 32 such lights; furthermore, such lights shall not be 33 lighted on any such tow truck while the tow truck is SB1657 Enrolled -6- SRS92SB0053AKcp 1 operating in the State of Illinois; and 2 6. Vehicles of the Illinois Emergency Management 3 Agency, and vehicles of the Department of Nuclear Safety. 4 (b) The use of amber oscillating, rotating or flashing 5 lights, whether lighted or unlighted, is prohibited except 6 on: 7 1. Second division vehicles designed and used for 8 towing or hoisting vehicles; furthermore, such lights 9 shall not be lighted except as required in this paragraph 10 1; such lights shall be lighted when such vehicles are 11 actually being used at the scene of an accident or 12 disablement; if the towing vehicle is equipped with a 13 flat bed that supports all wheels of the vehicle being 14 transported, the lights shall not be lighted while the 15 vehicle is engaged in towing on a highway; if the towing 16 vehicle is not equipped with a flat bed that supports all 17 wheels of a vehicle being transported, the lights shall 18 be lighted while the towing vehicle is engaged in towing 19 on a highway during all times when the use of headlights 20 is required under Section 12-201 of this Code; 21 2. Motor vehicles or equipment of the State of 22 Illinois, local authorities and contractors; furthermore, 23 such lights shall not be lighted except while such 24 vehicles are engaged in maintenance or construction 25 operations within the limits of construction projects; 26 3. Vehicles or equipment used by engineering or 27 survey crews; furthermore, such lights shall not be 28 lighted except while such vehicles are actually engaged 29 in work on a highway; 30 4. Vehicles of public utilities, municipalities, or 31 other construction, maintenance or automotive service 32 vehicles except that such lights shall be lighted only as 33 a means for indicating the presence of a vehicular 34 traffic hazard requiring unusual care in approaching, SB1657 Enrolled -7- SRS92SB0053AKcp 1 overtaking or passing while such vehicles are engaged in 2 maintenance, service or construction on a highway; 3 5. Oversized vehicle or load; however, such lights 4 shall only be lighted when moving under permit issued by 5 the Department under Section 15-301 of this Code; 6 6. The front and rear of motorized equipment owned 7 and operated by the State of Illinois or any political 8 subdivision thereof, which is designed and used for 9 removal of snow and ice from highways; 10 7. Fleet safety vehicles registered in another 11 state, furthermore, such lights shall not be lighted 12 except as provided for in Section 12-212 of this Code; 13 8. Such other vehicles as may be authorized by 14 local authorities; 15 9. Law enforcement vehicles of State or local 16 authorities when used in combination with red 17 oscillating, rotating or flashing lights; 18 10. Vehicles used for collecting or delivering mail 19 for the United States Postal Service provided that such 20 lights shall not be lighted except when such vehicles are 21 actually being used for such purposes; 22 11. Any vehicle displaying a slow-moving vehicle 23 emblem as provided in Section 12-205.1; 24 12. All trucks equipped with self-compactors or 25 roll-off hoists and roll-on containers for garbage or 26 refuse hauling. Such lights shall not be lighted except 27 when such vehicles are actually being used for such 28 purposes; 29 13. Vehicles used by a security company, alarm 30 responder, or control agency, if the security company, 31 alarm responder, or control agency is bound by a contract 32 with a federal, State, or local government entity to use 33 the lights;and34 14. Security vehicles of the Department of Human SB1657 Enrolled -8- SRS92SB0053AKcp 1 Services; however, the lights shall not be lighted except 2 when being used for security related purposes under the 3 direction of the superintendent of the facility where the 4 vehicle is located; and 5 15. Vehicles of union representatives, except that 6 the lights shall be lighted only while the vehicle is 7 within the limits of a construction project or while the 8 vehicle is parked alongside any roadway. 9 (c) The use of blue oscillating, rotating or flashing 10 lights, whether lighted or unlighted, is prohibited except 11 on: 12 1. Rescue squad vehicles not owned by a fire 13 department and vehicles owned or fully operated by a: 14 voluntary firefighter; 15 paid firefighter; 16 part-paid firefighter; 17 call firefighter; 18 member of the board of trustees of a fire 19 protection district; 20 paid or unpaid member of a rescue squad; or 21 paid or unpaid member of a voluntary ambulance 22 unit. 23 However, such lights are not to be lighted except 24 when responding to a bona fide emergency. 25 2. Police department vehicles in cities having a 26 population of 500,000 or more inhabitants. 27 3. Law enforcement vehicles of State or local 28 authorities when used in combination with red 29 oscillating, rotating or flashing lights. 30 4. Vehicles of local fire departments and State or 31 federal firefighting vehicles when used in combination 32 with red oscillating, rotating or flashing lights. 33 5. Vehicles which are designed and used exclusively 34 as ambulances or rescue vehicles when used in combination SB1657 Enrolled -9- SRS92SB0053AKcp 1 with red oscillating, rotating or flashing lights; 2 furthermore, such lights shall not be lighted except when 3 responding to an emergency call. 4 6. Vehicles that are equipped and used exclusively 5 as organ transport vehicles when used in combination with 6 red oscillating, rotating, or flashing lights; 7 furthermore, these lights shall only be lighted when the 8 transportation is declared an emergency by a member of 9 the transplant team or a representative of the organ 10 procurement organization. 11 7. Vehicles of the Illinois Emergency Management 12 Agency and vehicles of the Department of Nuclear Safety, 13 when used in combination with red oscillating, rotating, 14 or flashing lights. 15 (c-1) In addition to the blue oscillating, rotating, or 16 flashing lights permitted under subsection (c), and 17 notwithstanding subsection (a), a vehicle operated by a 18 voluntary firefighter, a voluntary member of a rescue squad, 19 or a member of a voluntary ambulance unit may be equipped 20 with flashing white headlights and blue grill lights, which 21 may be used only in responding to an emergency call. 22 (d) The use of a combination of amber and white 23 oscillating, rotating or flashing lights, whether lighted or 24 unlighted, is prohibited except motor vehicles or equipment 25 of the State of Illinois, local authorities,andcontractors, 26 and union representatives may be so equipped; furthermore, 27 such lights shall not be lighted on vehicles of the State of 28 Illinois, local authorities, and contractors except while 29 such vehicles are engaged in highway maintenance or 30 construction operations within the limits of highway 31 construction projects, and shall not be lighted on the 32 vehicles of union representatives except when those vehicles 33 are within the limits of construction projects or are parked 34 alongside any roadway. SB1657 Enrolled -10- SRS92SB0053AKcp 1 (e) All oscillating, rotating or flashing lights 2 referred to in this Section shall be of sufficient intensity, 3 when illuminated, to be visible at 500 feet in normal 4 sunlight. 5 (f) Nothing in this Section shall prohibit a 6 manufacturer of oscillating, rotating or flashing lights or 7 his representative from temporarily mounting such lights on a 8 vehicle for demonstration purposes only. 9 (g) Any person violating the provisions of subsections 10 (a), (b), (c) or (d) of this Section who without lawful 11 authority stops or detains or attempts to stop or detain 12 another person shall be guilty of a Class 4 felony. 13 (h) Except as provided in subsection (g) above, any 14 person violating the provisions of subsections (a) or (c) of 15 this Section shall be guilty of a Class A misdemeanor. 16 (Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01; 17 92-407, eff. 8-17-01; revised 9-12-01) 18 Section 10. Severability. The provisions of this Act 19 are severable under Section 1.31 of the Statute on Statutes.