Bill Text: IL HB5863 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that the special speed limit while traveling through a highway construction or maintenance speed zone applies only when workers are present in the construction or maintenance speed zone. Provides that the prohibition against use of a wireless telephone in a construction or maintenance speed zone applies only when workers are present. Exempts persons who are stopped on a highway in a construction or maintenance speed zone due to traffic congestion from the prohibitions against using a wireless telephone or electronic communication device.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5863 Detail]
Download: Illinois-2011-HB5863-Introduced.html
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning transportation.
| |||||||||||||||||||||||
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 changing | |||||||||||||||||||||||
5 | Sections 11-605.1, 12-610.1, and 12-610.2 as follows:
| |||||||||||||||||||||||
6 | (625 ILCS 5/11-605.1) | |||||||||||||||||||||||
7 | Sec. 11-605.1. Special limit while traveling through a | |||||||||||||||||||||||
8 | highway construction or maintenance speed zone. | |||||||||||||||||||||||
9 | (a) A person may not operate a motor vehicle in a | |||||||||||||||||||||||
10 | construction or maintenance speed zone at a speed in excess of | |||||||||||||||||||||||
11 | the posted speed limit.
| |||||||||||||||||||||||
12 | (b) Nothing in this Chapter prohibits the use of electronic | |||||||||||||||||||||||
13 | speed-detecting devices within 500 feet of signs within a | |||||||||||||||||||||||
14 | construction or maintenance speed zone indicating the zone, as | |||||||||||||||||||||||
15 | defined in this Section, nor shall evidence obtained by use of | |||||||||||||||||||||||
16 | those devices be inadmissible in any prosecution for speeding, | |||||||||||||||||||||||
17 | provided the use of the device shall apply only to the | |||||||||||||||||||||||
18 | enforcement of the speed limit in the construction or | |||||||||||||||||||||||
19 | maintenance speed zone.
| |||||||||||||||||||||||
20 | (c) As used in this Section, a "construction or maintenance | |||||||||||||||||||||||
21 | speed zone" is an area in which the Department, Toll Highway | |||||||||||||||||||||||
22 | Authority, or local agency has determined that the preexisting | |||||||||||||||||||||||
23 | established speed limit through a highway construction or |
| |||||||
| |||||||
1 | maintenance project is greater than is reasonable or safe with | ||||||
2 | respect to the conditions expected to exist in the construction | ||||||
3 | or maintenance speed zone and has posted a lower speed limit | ||||||
4 | with a highway construction or maintenance speed zone special | ||||||
5 | speed limit sign. | ||||||
6 | Highway construction or maintenance speed zone special | ||||||
7 | speed limit signs shall be of a design approved by the | ||||||
8 | Department. The signs must give proper due warning that a | ||||||
9 | construction or maintenance speed zone is being approached and | ||||||
10 | must indicate the maximum speed limit in effect. The signs also | ||||||
11 | must state the amount of the minimum fine for a violation.
| ||||||
12 | (d) A first violation of this Section is a petty offense | ||||||
13 | with a minimum fine of $250. A second or subsequent violation | ||||||
14 | of this Section is a petty offense with a minimum fine of $750. | ||||||
15 | (e) If a fine for a violation of this Section is $250 or | ||||||
16 | greater, the person who violated this Section shall be charged | ||||||
17 | an additional $125, which shall be deposited into the | ||||||
18 | Transportation Safety Highway Hire-back Fund in the State | ||||||
19 | treasury, unless (i) the violation occurred on a highway other | ||||||
20 | than an interstate highway and (ii) a county police officer | ||||||
21 | wrote the ticket for the violation, in which case the $125 | ||||||
22 | shall be deposited into that county's Transportation Safety | ||||||
23 | Highway Hire-back Fund. In the case of a second or subsequent | ||||||
24 | violation of this Section, if the fine is $750 or greater, the | ||||||
25 | person who violated this Section shall be charged an additional | ||||||
26 | $250, which shall be deposited into the Transportation Safety |
| |||||||
| |||||||
1 | Highway Hire-back Fund in the State treasury, unless (i) the | ||||||
2 | violation occurred on a highway other than an interstate | ||||||
3 | highway and (ii) a county police officer wrote the ticket for | ||||||
4 | the violation, in which case the $250 shall be deposited into | ||||||
5 | that county's Transportation Safety Highway Hire-back Fund.
| ||||||
6 | (e-5) The Department of State Police and the local county | ||||||
7 | police department have concurrent jurisdiction over any | ||||||
8 | violation of this Section that occurs on an interstate highway.
| ||||||
9 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
10 | which was created by Public Act 92-619, shall continue to be a | ||||||
11 | special fund in the State treasury. Subject to appropriation by | ||||||
12 | the General Assembly and approval by the Secretary, the | ||||||
13 | Secretary of Transportation shall use all moneys in the | ||||||
14 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
15 | Department of State Police officers to monitor construction or | ||||||
16 | maintenance zones. | ||||||
17 | (f-5) Each county shall create a Transportation Safety | ||||||
18 | Highway Hire-back Fund. The county shall use all moneys in its | ||||||
19 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
20 | county police officers to monitor construction or maintenance | ||||||
21 | zones in that county on highways other than interstate | ||||||
22 | highways.
| ||||||
23 | (g) For a second or subsequent violation of this Section | ||||||
24 | within 2 years of the date of the previous violation, the | ||||||
25 | Secretary of State shall suspend the driver's license of the | ||||||
26 | violator for a period of 90 days.
|
| |||||||
| |||||||
1 | (h) This Section applies only when workers are present in | ||||||
2 | the construction or maintenance speed zone. | ||||||
3 | (Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)
| ||||||
4 | (625 ILCS 5/12-610.1) | ||||||
5 | Sec. 12-610.1. Wireless telephones. | ||||||
6 | (a) As used in this Section, "wireless telephone" means
a | ||||||
7 | device that is capable of transmitting or receiving
telephonic | ||||||
8 | communications without a wire connecting the
device to the | ||||||
9 | telephone network. | ||||||
10 | (b) A person under the age of 19 years who holds an | ||||||
11 | instruction permit issued under Section 6-105 or 6-107.1, or a | ||||||
12 | person under the age of 19 years who holds a graduated license | ||||||
13 | issued under Section 6-107, may not drive a vehicle on a | ||||||
14 | roadway while using a wireless phone.
| ||||||
15 | (c) This Section does not apply to a person under the age | ||||||
16 | of 19 years using a
wireless telephone for emergency purposes, | ||||||
17 | including, but not
limited to, an emergency call to a law | ||||||
18 | enforcement agency,
health care provider, fire department, or | ||||||
19 | other emergency
services agency or entity.
| ||||||
20 | (d) If a graduated driver's license holder over the age of | ||||||
21 | 18 committed an offense against traffic regulations governing | ||||||
22 | the movement of vehicles or any violation of Section 6-107 or | ||||||
23 | Section 12-603.1 of this Code in the 6 months prior to the | ||||||
24 | graduated driver's license holder's 18th birthday, and was | ||||||
25 | subsequently convicted of the violation, the provisions of |
| |||||||
| |||||||
1 | paragraph (b) shall continue to apply until such time as a | ||||||
2 | period of 6 consecutive months has elapsed without an | ||||||
3 | additional violation and subsequent conviction of an offense | ||||||
4 | against traffic regulations governing the movement of vehicles | ||||||
5 | or any violation of Section 6-107 or Section 12-603.1 of this | ||||||
6 | Code.
| ||||||
7 | (e) A person, regardless of age, may not use a wireless
| ||||||
8 | telephone at any time while operating a motor vehicle on a | ||||||
9 | roadway in a school speed
zone established under Section | ||||||
10 | 11-605, or on a highway in a construction or
maintenance speed | ||||||
11 | zone established under Section 11-605.1 in which workers are | ||||||
12 | present .
This subsection (e) does not apply to (i) a person | ||||||
13 | engaged in a
highway construction or maintenance project for | ||||||
14 | which a
construction or maintenance speed zone has been | ||||||
15 | established
under Section 11-605.1, (ii) a person using a | ||||||
16 | wireless
telephone for emergency purposes, including, but not | ||||||
17 | limited to,
law enforcement agency, health care provider, fire | ||||||
18 | department, or other emergency services agency or entity, (iii) | ||||||
19 | a law enforcement officer or operator of an emergency vehicle | ||||||
20 | when performing the officer's or operator's official duties, or | ||||||
21 | (iv) to a person using a wireless telephone in voice-activated | ||||||
22 | mode , or (v) to a person using a wireless telephone on a | ||||||
23 | highway in a construction or
maintenance speed zone established | ||||||
24 | under Section 11-605.1 who is stopped due to traffic | ||||||
25 | congestion . | ||||||
26 | (Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, |
| |||||||
| |||||||
1 | eff. 8-21-08; 96-131, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/12-610.2) | ||||||
3 | Sec. 12-610.2. Electronic communication devices. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Electronic communication device" means an electronic | ||||||
6 | device, including but not limited to a wireless telephone, | ||||||
7 | personal digital assistant, or a portable or mobile computer | ||||||
8 | while being used for the purpose of composing, reading, or | ||||||
9 | sending an electronic message, but does not include a global | ||||||
10 | positioning system or navigation system or a device that is | ||||||
11 | physically or electronically integrated into the motor | ||||||
12 | vehicle. | ||||||
13 | "Electronic message" means a self-contained piece of | ||||||
14 | digital communication that is designed or intended to be | ||||||
15 | transmitted between physical devices. "Electronic message" | ||||||
16 | includes, but is not limited to electronic mail, a text | ||||||
17 | message, an instant message, or a command or request to access | ||||||
18 | an Internet site. | ||||||
19 | (b) A person may not operate a motor vehicle on a roadway | ||||||
20 | while using an electronic communication device to compose, | ||||||
21 | send, or read an electronic message. | ||||||
22 | (c) A violation of this Section is an offense against | ||||||
23 | traffic regulations governing the movement of vehicles. | ||||||
24 | (d) This Section does not apply to: | ||||||
25 | (1) a law enforcement officer or operator of an |
| |||||||
| |||||||
1 | emergency vehicle while performing his or her official | ||||||
2 | duties; | ||||||
3 | (2) a driver using an electronic communication device | ||||||
4 | for the sole purpose of reporting an emergency situation | ||||||
5 | and continued communication with emergency personnel | ||||||
6 | during the emergency situation; | ||||||
7 | (3) a driver using an electronic communication device | ||||||
8 | in hands-free or voice-activated mode; | ||||||
9 | (4) a driver of a commercial motor vehicle reading a | ||||||
10 | message displayed on a permanently installed communication | ||||||
11 | device designed for a commercial motor vehicle with a | ||||||
12 | screen that does not exceed 10 inches tall by 10 inches | ||||||
13 | wide in size; | ||||||
14 | (5) a driver using an electronic communication device | ||||||
15 | while parked on the shoulder of a roadway; or | ||||||
16 | (6) a driver using an electronic communication device | ||||||
17 | when the vehicle is stopped due to normal traffic being | ||||||
18 | obstructed and the driver has the motor vehicle | ||||||
19 | transmission in neutral or park ; or .
| ||||||
20 | (7) a driver using an electronic communication device | ||||||
21 | on a highway in a construction or
maintenance speed zone | ||||||
22 | established under Section 11-605.1 of this Code who is | ||||||
23 | stopped due to traffic congestion. | ||||||
24 | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|