Bill Text: IL HB5120 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Code. Provides that a school bus must contain an operating two-way radio or cellular radio telecommunication device (rather than a two-way radio only) while the school bus driver is in possession of a school bus. Provides that the prohibitions regarding the use of a wireless telephone in a school or construction zone or sending an electronic message while driving do not apply to a school bus driver while performing his or her official duties. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2010-07-16 - Public Act . . . . . . . . . 96-1066 [HB5120 Detail]
Download: Illinois-2009-HB5120-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 12-813.1 and 12-816 as follows:
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6 | (625 ILCS 5/12-813.1)
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7 | Sec. 12-813.1. School bus driver communication devices. | ||||||
8 | (a) In this Section:
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9 | "School bus driver" means a person operating a school bus | ||||||
10 | who has a valid
school bus driver permit as required under | ||||||
11 | Sections 6-104 and 6-106.1 of this
Code.
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12 | "Cellular radio telecommunication device" means a device | ||||||
13 | capable of sending
or receiving telephone communications | ||||||
14 | without an access line for service and
which requires the | ||||||
15 | operator to dial numbers manually. It does not, however,
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16 | include citizens band radios or citizens band radio hybrids.
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17 | "Possession of a school bus" means the period of time from | ||||||
18 | which a bus driver takes possession until the school bus driver | ||||||
19 | returns possession of the school bus, whether or not the school | ||||||
20 | bus driver is operating the school bus. | ||||||
21 | "Using a cellular radio telecommunication device" means | ||||||
22 | talking or listening
to or dialing a cellular radio | ||||||
23 | telecommunication device.
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1 | To "operate" means to have the vehicle in motion while it | ||||||
2 | contains one or
more passengers.
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3 | (b) A school bus driver may not operate a school bus while | ||||||
4 | using a cellular
radio telecommunication device.
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5 | (c) Subsection (b) of this Section does not apply:
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6 | (1) To the use of a cellular radio telecommunication | ||||||
7 | device for the
purpose of communicating with any of the | ||||||
8 | following regarding an emergency
situation:
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9 | (A) an emergency response operator;
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10 | (B) a hospital;
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11 | (C) a
physician's office or health clinic;
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12 | (D) an ambulance service;
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13 | (E) a fire
department, fire district, or fire | ||||||
14 | company; or
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15 | (F) a police department.
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16 | (2) To the use of a cellular radio telecommunication | ||||||
17 | device to call for
assistance in the event that there is a | ||||||
18 | mechanical breakdown or other
mechanical problem that | ||||||
19 | impairs the safe operation of the bus or to communicate | ||||||
20 | with school authorities or their designees about any other | ||||||
21 | issue relating to the operation of the school bus or the | ||||||
22 | welfare and safety of any passenger thereon. In no case may | ||||||
23 | a cellular radio telecommunication device be used for | ||||||
24 | anything not provided for in this Section, including but | ||||||
25 | not limited to, personal use .
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26 | (3) (Blank). To the use of a cellular radio |
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1 | telecommunication device that has a
digital two-way radio | ||||||
2 | service capability owned and operated by the school
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3 | district, when that device is being used as a
digital | ||||||
4 | two-way radio.
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5 | (4) When the school bus is parked.
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6 | (d) A school bus driver who violates subsection (b) of this | ||||||
7 | Section is guilty of a petty
offense punishable by a fine of | ||||||
8 | not less than $100 and not more than $250.
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9 | (e) A school bus must contain either an operating cellular | ||||||
10 | radio telecommunication device or two-way
radio while the | ||||||
11 | school bus driver is in possession of a school bus. The | ||||||
12 | cellular radio telecommunication device or two-way radio in | ||||||
13 | this subsection must be turned on and adjusted in a manner that | ||||||
14 | would alert the school bus driver of an incoming communication | ||||||
15 | request. | ||||||
16 | (Source: P.A. 96-818, eff. 11-17-09.)
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17 | (625 ILCS 5/12-816) | ||||||
18 | Sec. 12-816. Pre and post-trip inspection policy for school | ||||||
19 | buses. | ||||||
20 | (a) In order to provide for the welfare and safety of | ||||||
21 | children who are transported on school buses throughout the | ||||||
22 | State of Illinois, each school district shall have in place, by | ||||||
23 | January 1, 2008, a policy to ensure that the school bus driver | ||||||
24 | is the last person leaving the bus and that no passenger is | ||||||
25 | left behind or remains on the vehicle at the end of a route, a |
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1 | work shift, or the work day. This policy and procedure shall, | ||||||
2 | at a minimum, require the school bus driver (i) to test the | ||||||
3 | cellular radio telecommunication device or two-way radio and | ||||||
4 | ensure that it is functioning properly before the bus is | ||||||
5 | operated and (ii) before leaving the bus at the end of each | ||||||
6 | route, work shift, or work day, to walk to the rear of the bus | ||||||
7 | and check the bus for children or other passengers in the bus. | ||||||
8 | (b) If a school district has a contract with a private | ||||||
9 | sector school bus company for the transportation of the | ||||||
10 | district's students, the school district shall require in the | ||||||
11 | contract with the private sector company that the company have | ||||||
12 | a post-trip inspection policy in place.
This policy and | ||||||
13 | procedure shall, at a minimum, require the school bus driver | ||||||
14 | (i) to test the cellular radio telecommunication device or | ||||||
15 | two-way radio and ensure that it is functioning properly before | ||||||
16 | the bus is operated and (ii) before leaving the bus at the end | ||||||
17 | of each route, work shift, or work day, to walk to the rear of | ||||||
18 | the bus and check the bus for children or other passengers in | ||||||
19 | the bus. | ||||||
20 | (c) Before this inspection, the school bus driver shall | ||||||
21 | activate the interior lights of the bus to assist the driver in | ||||||
22 | seeing in and under the seats during a visual sweep of the bus. | ||||||
23 | (d) This policy may include, at the discretion of the | ||||||
24 | school district, the installation of a mechanical or electronic | ||||||
25 | post-trip inspection reminder system which requires the school | ||||||
26 | bus driver to walk to the rear of the bus to deactivate the |
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1 | system before the driver leaves the bus. The system shall | ||||||
2 | require that when the driver turns off the vehicle's ignition | ||||||
3 | system, the vehicle's interior lights must illuminate to assist | ||||||
4 | the driver in seeing in and under the seats during a visual | ||||||
5 | sweep of the bus.
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6 | (Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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