Public Act 093-0181
Public Act 93-0181 of the 93rd General Assembly
Public Act 93-0181
SB1093 Enrolled LRB093 10543 DRH 10797 b
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-1414, 12-215, and 12-805 as follows:
(625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
Sec. 11-1414. Approaching, overtaking, and passing
school bus.
(a) The driver of a vehicle shall stop such vehicle
before meeting or overtaking, from either direction, any
school bus stopped for the purpose of receiving or
discharging pupils on a highway, on a roadway on school
property, or upon a private road within an area that is
covered by a contract or agreement executed pursuant to
Section 11-209.1 of this Code. Such stop is required before
reaching the school bus when there is in operation on the
school bus the visual signals as specified in Sections 12-803
and 12-805 of this Code. The driver of the vehicle shall not
proceed until the school bus resumes motion or the driver of
the vehicle is signaled by the school bus driver to proceed
or the visual signals are no longer actuated.
(b) The stop signal arm required by Section 12-803 of
this Code shall be extended after the school bus has come to
a complete stop for the purpose of loading or discharging
pupils and shall be closed before the school bus is placed in
motion again. The stop signal arm shall not be extended at
any other time.
(c) The alternately flashing red signal lamps of an
8-lamp flashing signal system required by Section 12-805 of
this Code shall be actuated after the school bus has come to
a complete stop for the purpose of loading or discharging
pupils and shall be turned off before the school bus is
placed in motion again. The red signal lamps shall not be
actuated at any other time except as provided in paragraph
(d) of this Section.
(d) The alternately flashing amber signal lamps of an
8-lamp flashing signal system required by Section 12-805 of
this Code shall be actuated continuously during not less than
the last 100 feet traveled by the school bus before stopping
for the purpose of loading or discharging pupils within an
urban area and during not less than the last 200 feet
traveled by the school bus outside an urban area. The amber
signal lamps shall remain actuated until the school bus is
stopped. The amber signal lamps shall not be actuated at any
other time.
(d-5) The alternately flashing head lamps permitted by
Section 12-805 of this Code may be operated while the
alternately flashing red or amber signal lamps required by
that Section are actuated.
(e) The driver of a vehicle upon a highway having 4 or
more lanes which permits at least 2 lanes of traffic to
travel in opposite directions need not stop such vehicle upon
meeting a school bus which is stopped in the opposing
roadway; and need not stop such vehicle when driving upon a
controlled access highway when passing a school bus traveling
in either direction that is stopped in a loading zone
adjacent to the surfaced or improved part of the controlled
access highway where pedestrians are not permitted to cross.
(f) Beginning with the effective date of this amendatory
Act of 1985, the Secretary of State shall suspend for a
period of 3 months the driving privileges of any person
convicted of a violation of subsection (a) of this Section or
a similar provision of a local ordinance; the Secretary shall
suspend for a period of one year the driving privileges of
any person convicted of a second or subsequent violation of
subsection (a) of this Section or a similar provision of a
local ordinance if the second or subsequent violation occurs
within 5 years of a prior conviction for the same offense. In
addition to the suspensions authorized by this Section, any
person convicted of violating this Section or a similar
provision of a local ordinance shall be subject to a
mandatory fine of $150 or, upon a second or subsequent
violation, $500. The Secretary may also grant, for the
duration of any suspension issued under this subsection, a
restricted driving permit granting the privilege of driving a
motor vehicle between the driver's residence and place of
employment or within other proper limits that the Secretary
of State shall find necessary to avoid any undue hardship. A
restricted driving permit issued hereunder shall be subject
to cancellation, revocation and suspension by the Secretary
of State in like manner and for like cause as a driver's
license may be cancelled, revoked or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension or
cancellation of the restricted driving permit. The Secretary
of State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be
included as an offense for the purposes of determining
suspension action under any other provision of this Code,
provided however, that the penalties provided under this
subsection shall be imposed unless those penalties imposed
under other applicable provisions are greater.
The owner of any vehicle alleged to have violated
paragraph (a) of this Section shall, upon appropriate demand
by the State's Attorney or other authorized prosecutor acting
in response to a signed complaint, provide a written
statement or deposition identifying the operator of the
vehicle if such operator was not the owner at the time of the
alleged violation. Failure to supply such information shall
be construed to be the same as a violation of paragraph (a)
and shall be subject to the same penalties herein provided.
In the event the owner has assigned control for the use of
the vehicle to another, the person to whom control was
assigned shall comply with the provisions of this paragraph
and be subject to the same penalties as herein provided.
(Source: P.A. 91-260, eff. 1-1-00.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, and vehicles of the Department of Nuclear Safety;
and
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act; and.
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted while the towing vehicle is engaged in towing
on a highway during all times when the use of headlights
is required under Section 12-201 of this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that
the lights shall be lighted only while the vehicle is
within the limits of a construction project.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Rescue squad vehicles not owned by a fire
department and vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in
the Illinois Emergency Management Agency Act,
designated or authorized by local authorities, in
writing, and carrying that designation or
authorization in the vehicle.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively
as organ transport vehicles when used in combination with
red oscillating, rotating, or flashing lights;
furthermore, these lights shall only be lighted when the
transportation is declared an emergency by a member of
the transplant team or a representative of the organ
procurement organization.
7. Vehicles of the Illinois Emergency Management
Agency and vehicles of the Department of Nuclear Safety,
when used in combination with red oscillating, rotating,
or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped
with flashing white headlights and blue grill lights, which
may be used only in responding to an emergency call.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid
or unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white
oscillating, rotating, or flashing lights to be used in
combination with blue oscillating, rotating, or flashing
lights, if authorization by local authorities is in writing
and carried in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited except motor vehicles or equipment
of the State of Illinois, local authorities, contractors, and
union representatives may be so equipped; furthermore, such
lights shall not be lighted on vehicles of the State of
Illinois, local authorities, and contractors except while
such vehicles are engaged in highway maintenance or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles
are within the limits of a construction project.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.
8-6-02; 92-820, eff. 8-21-02; 92-872, eff. 6-1-03; revised
1-10-03.)
(625 ILCS 5/12-805) (from Ch. 95 1/2, par. 12-805)
Sec. 12-805. Special lighting equipment.
Each school bus purchased as a new vehicle after December
31, 1975 shall be equipped with an 8-lamp flashing signal
system. Until December 31, 1978, all other school buses shall
be equipped with either a 4-lamp or an 8-lamp flashing signal
system. After December 31, 1978, all school buses shall be
equipped with an 8-lamp flashing signal system.
A 4-lamp flashing signal system shall have 2 alternately
flashing red lamps mounted as high and as widely spaced
laterally on the same level as practicable at the front of
the school bus and 2 such lamps mounted in the same manner at
the rear.
An 8-lamp flashing signal system shall have, in addition
to a 4-lamp system, 4 alternately flashing amber lamps. Each
amber lamp shall be mounted next to a red lamp and at the
same level but closer to the centerline of the school bus.
Each signal lamp shall be a sealed beam at least 5 1/2
inches in diameter and shall have sufficient intensity to be
visible at 500 feet in normal sunlight. Both the 4-lamp and
8-lamp system shall be actuated only by means of a manual
switch. There shall be a device for indicating to the driver
that the system is operating properly or is inoperative.
A school bus may also be equipped with alternately
flashing head lamps, which may be operated in conjunction
with the 8-lamp flashing signal system.
(Source: P.A. 79-1400.)
Effective Date: 1/1/2004
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