SB 173 — TRANSPORTATION-TECH

90-145, eff.

1-1-98;

90-481, eff.

8-17-97.) (625 ILCS 5/11-208) (from Ch.

95 1/2, par.

11-208) Sec.

11-208.

Powers of local authorities.

(a) The provisions of this Code shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

1.

Regulating the standing or parking of vehicles, except as limited by Section 11-1306 of this Act;

2.

Regulating traffic by means of police officers or traffic control signals;

3.

Regulating or prohibiting processions or assemblages on the highways;

4.

Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;

5.

Regulating the speed of vehicles in public parks subject to the limitations set forth in Section 11-604;

6.

Designating any highway as a through highway, as SB173 Engrossed -6- LRB093 07216 DRH 07372 b authorized in Section 11-302, and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right-of-way intersection and requiring all vehicles to stop or yield the right-of-way at one or more entrances to such intersections;

7.

Restricting the use of highways as authorized in Chapter 15;

8.

Regulating the operation of bicycles and requiring the registration and licensing of same, including the requirement of a registration fee;

9.

Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

10.

Altering the speed limits as authorized in Section 11-604;

11.

Prohibiting U-turns;

12.

Prohibiting pedestrian crossings at other than designated and marked crosswalks or at intersections;

13.

Prohibiting parking during snow removal operation;

14.

Imposing fines in accordance with Section 11-1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1-159.1, or disabled veterans by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 or a special decal or device as defined in Section 11-1301.2 as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran;

15.

Adopting such other traffic regulations as are specifically authorized by this Code;

or 16.

Enforcing the provisions of subsection (f) of Section 3-413 of this Code or a similar local ordinance.

(b) No ordinance or regulation enacted under subsections SB173 Engrossed -7- LRB093 07216 DRH 07372 b 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective until signs giving reasonable notice of such local traffic regulations are posted.

(c) The provisions of this Code shall not prevent any municipality having a population of 500,000 or more inhabitants from prohibiting any person from driving or operating any motor vehicle upon the roadways of such municipality with headlamps on high beam or bright.

(d) The provisions of this Code shall not be deemed to prevent local authorities within the reasonable exercise of their police power from prohibiting, on private property, the unauthorized use of parking spaces reserved for persons with disabilities.

(e) No unit of local government, including a home rule unit, may enact or enforce an ordinance that applies only to motorcycles if the principal purpose for that ordinance is to restrict the access of motorcycles to any highway or portion of a highway for which federal or State funds have been used for the planning, design, construction, or maintenance of that highway.

No unit of local government, including a home rule unit, may enact an ordinance requiring motorcycle users to wear protective headgear.

Nothing in this subsection (e) shall affect the authority of a unit of local government to regulate motorcycles for traffic control purposes or in accordance with Section 12-602 of this Code.

No unit of local government, including a home rule unit, may regulate motorcycles in a manner inconsistent with this Code.

This subsection (e) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

_f_____________________o_______________________a____________ _____d______________________t_____________________n_____________ _____c_____________________h______________________o_____________ SB173 Engrossed -8- LRB093 07216 DRH 07372 b ______o__________ (Source:

P.A.

90-106, eff.

1-1-98;

90-513, eff.

8-22-97;

90-655, eff.

7-30-98;

91-519, eff.

1-1-00.) (625 ILCS 5/11-208.3) (from Ch.

95 1/2, par.

11-208.3) Sec.

11-208.3.

Administrative adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles a____a______________________v__________.

(a) Any municipality may provide by ordinance for a system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations as defined in this subsection,___________________t____________ _____t_____________________e_______________.

The administrative system shall have as its purpose the fair and efficient enforcement of municipal regulations through the administrative adjudication of ____________t_____________ _____t__________ violations of municipal ordinances regulating the standing and parking of vehicles, the condition and use of vehicle equipment, and the display of municipal wheel tax licenses within the municipality's borders.

The administrative system shall only have authority to adjudicate civil offenses carrying fines not in excess of $250 that occur after the effective date of the ordinance adopting such a system under this Section.

For purposes of this Section, "compliance violation" means a violation of a municipal regulation governing the condition or use of equipment on a vehicle or governing the display of a municipal wheel tax license.

(b) Any ordinance establishing a system of administrative adjudication under this Section shall provide for:

(1) A traffic compliance administrator authorized to adopt, distribute and process parking, _ --d- compliance_ _n_____________________c______ violation notices and other SB173 Engrossed -9- LRB093 07216 DRH 07372 b notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances __________________t_____________ _i_________, and operate an administrative adjudication system.

The traffic compliance administrator also may make a certified report to the Secretary of State under Section 6-306.5.

(2) A parking, standing, -- compliance,_____ _u____________________ violation notice that shall specify the date, time, and place of violation of a parking, standing, -- compliance,__________________t____________ regulation;

the particular regulation violated;

the fine and any penalty that may be assessed for late payment, when so provided by ordinance;

the vehicle make and state registration number;

and the identification number of the person issuing the notice.

With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the State registration number or vehicle make specified is incorrect.

The violation notice shall state that the payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation.

The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits.

The violation notice shall specify the time and manner in which a hearing may be had.

(3) Service of the parking, standing, or compliance violation notice by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he or she is present a_______v_______________________t____________ _i_____________________i______________________h_____________ _w_____________________i______________________t_____________ SB173 Engrossed -10- LRB093 07216 DRH 07372 b _f______________________d_____________________i___.

A person authorized by ordinance to issue and serve parking, standing, --- compliance,__________________t____________ violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control.

____h______________________d_____________ _i_____________________c______________________n_____________ _y_____________________e______________________y_____________ _h_____________________c______________________e_____________ _e_____________________p________________________o___________ _1_____________________o______________________i_____________ _e_____________________s_______________________e____________ _n_____________________f_______________________o____________ _o_____________________o______________________c_____________ _i_____________________s_____ The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business.

A parking, standing, -r- compliance_ _r_____________________a__ violation notice issued, signed and served in accordance with this Section, a copy of the notice, or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.

The notice, copy, or computer generated record shall be admissible in any subsequent administrative or legal proceedings.

SB173 Engrossed -11- LRB093 07216 DRH 07372 b (4) An opportunity for a hearing for the registered owner of the vehicle cited in the parking, standing, -- compliance,____________t_______________ violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply;

provided, however, that under Section 11-1306 of this Code the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner.

The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers.

Persons appearing at a hearing under this Section may be represented by counsel at their expense.

The ordinance may also provide for internal administrative review following the decision of the hearing officer.

(5) Service of additional notices, sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, under Section 11-1306 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease.

The service shall be deemed complete as of the date of deposit in the United States mail.

The notices shall be in the following sequence and shall include but not be limited to the information specified herein:

(i) A second notice of violation.

This notice shall specify the date and location of the violation cited in the parking, standing, o-- compliance,____ _________________c_______ violation notice, the SB173 Engrossed -12- LRB093 07216 DRH 07372 b particular regulation violated, the vehicle make and state registration number, the fine and any penalty that may be assessed for late payment when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had.

The notice of violation shall also state that failure either to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the municipality.

(ii) A notice of final determination of parking, standing, -- compliance____r_____________ ____________ violation liability.

This notice shall be sent following a final determination of parking, standing, -- compliance,______________d_____________ violation liability and the conclusion of judicial review procedures taken under this Section.

The notice shall state that the unpaid fine or penalty is a debt due and owing the municipality.

The notice shall contain warnings that failure to pay any fine or penalty due and owing the municipality within the time specified may result in the municipality's filing of a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgment as provided by this Section, or may result SB173 Engrossed -13- LRB093 07216 DRH 07372 b in suspension of the person's drivers license for failure to pay fines or penalties for 10 or more parking violations under Section 6-306.5 o ___________ _________________i______________________n_____________ ________.

(6) A Notice of impending drivers license suspension.

This notice shall be sent to the person liable for any fine or penalty that remains due and owing on 10 or more parking violations ______r_____________ _u_____________________v__________.

The notice shall state that failure to pay the fine or penalty owing within 45 days of the notice's date will result in the municipality notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of this Code.

The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self addressed, stamped envelope to the municipality along with a request for the photostatic copy.

The notice of impending drivers license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State.

(7) Final determinations of violation liability.

A final determination of violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance.

Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final:

(A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for SB173 Engrossed -14- LRB093 07216 DRH 07372 b filing the petition without a filing having been made.

(8) A petition to set aside a determination of parking, standing, o-- compliance,____________a_____________ _a__ violation liability that may be filed by a person owing an unpaid fine or penalty.

The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance.

The grounds for the petition may be limited to:

(A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already paid the fine or penalty for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing.

With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the State registration number or vehicle make specified is incorrect.

After the determination of parking, standing, -- compliance,____ _u____________________ violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation.

(9) Procedures for non-residents.

Procedures by which persons who are not residents of the municipality may contest the merits of the alleged violation without attending a hearing.

(10) A schedule of civil fines for violations of vehicular standing, parking, --- compliance,_______ _u_____________________w_ regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250.

(11) Other provisions as are necessary and proper SB173 Engrossed -15- LRB093 07216 DRH 07372 b to carry into effect the powers granted and purposes stated in this Section.

(c) Any municipality establishing vehicular standing, parking, --- compliance,______________________t_____________ regulations under this Section may also provide by ordinance for a program of vehicle immobilization for the purpose of facilitating enforcement of those regulations.

The program of vehicle immobilization shall provide for immobilizing any eligible vehicle upon the public way by presence of a restraint in a manner to prevent operation of the vehicle.

Any ordinance establishing a program of vehicle immobilization under this Section shall provide:

(1) Criteria for the designation of vehicles eligible for immobilization.

A vehicle shall be eligible for immobilization when the registered owner of the vehicle has accumulated the number of unpaid final determinations of parking, standing, -- compliance,_____ _u_____________________w_ violation liability as determined by ordinance.

(2) A notice of impending vehicle immobilization and a right to a hearing to challenge the validity of the notice by disproving liability for the unpaid final determinations of parking, standing, -- compliance,_____ _u_____________________w_ violation liability listed on the notice.

(3) The right to a prompt hearing after a vehicle has been immobilized or subsequently towed without payment of the outstanding fines and penalties on parking, standing, -r- compliance_________m_____________ _a__ violations for which final determinations have been issued.

An order issued after the hearing is a final administrative decision within the meaning of Section 3-101 of the Code of Civil Procedure.

(4) A post immobilization and post-towing notice SB173 Engrossed -16- LRB093 07216 DRH 07372 b advising the registered owner of the vehicle of the right to a hearing to challenge the validity of the impoundment.

(d) Judicial review of final determinations of parking, standing, --- compliance,______________________t_____________ violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made under this Section shall be subject to the provisions of the Administrative Review Law.

(e) Any fine, penalty, or part of any fine or any penalty remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created under this Section and the conclusion of any judicial review procedures shall be a debt due and owing the municipality and, as such, may be collected in accordance with applicable law.

Payment in full of any fine or penalty resulting from a standing, parking, -- compliance,_____________d_____________ violation shall constitute a final disposition of that violation.

(f) After the expiration of the period within which judicial review may be sought for a final determination of parking, standing, o-- compliance,_________________t____________ violation, the municipality may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the final determination of violation.

Nothing in this Section shall prevent a municipality from consolidating multiple final determinations of parking, standing, o-- compliance,____ _____a_____________________a______ --------- against a person in a proceeding.

Upon commencement of the action, the municipality shall file a certified copy of the final determination of parking, standing, -- compliance,_____ _____a________________ violation, which shall be accompanied by a certification that recites facts sufficient to show that the final determination of violation was issued in accordance SB173 Engrossed -17- LRB093 07216 DRH 07372 b with this Section and the applicable municipal ordinance.

Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines and penalties for final determinations of parking, standing, o -- compliance,_____ _____a__________________ violations does not exceed $2500.

If the court is satisfied that the final determination of parking, standing, -- compliance,_____________d_____________ violation was entered in accordance with the requirements of this Section and the applicable municipal ordinance, and that the registered owner or the lessee, as the case may be, had an opportunity for an administrative hearing and for judicial review as provided in this Section, the court shall render judgment in favor of the municipality and against the registered owner or the lessee for the amount indicated in the final determination of parking, standing, o -- compliance_ _____u____________________ violation, plus costs.

The judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money.

(Source:

P.A.

92-695, eff.

1-1-03.) (625 ILCS 5/11-208.5 new) _e_____________________t______________________e_____________ _a_____________________s______________________d_____________ _____c_____________________a________________________m___________ _____l______________________c_________________ _________________t______________________c_____________ _f_____________________r______________________g_____________ _i_____________________v______________________1_____________ _o_____________________i______________________a_____ _________________u______________________u_____________ _m_____________________c______________________o_____________ _f___________ SB173 Engrossed -18- LRB093 07216 DRH 07372 b _________________a_______________________d____________ _n_____________________._ _n______________________l_____________________m_____________ ______m____________________u_______________________g____________ _____y_____________________w_______________________a____________ _____c_____________________o______________________i_____________ _____s_____________________a_______________________i____________ _____b_____________________r______________________h_____________ _____l_____________________h_______________________a____________ _____i_____________________o____________________ _b_____________________S______________________m_____________ _____s_____________________a______________________w_____________ _____m_____ _________________o__________ _________________c_______________ _________________e___________________ _________________s______________________c_____________ _t_____________________g______________________a_____________ _d_____________________r______________________f_____________ _e_______ _c_____________________o______________________h_____________ _______o_____________________b____________________t_____________ _____c_____________________l______________________a_____________ _____d______________________w_____________________a_____________ _____v_____________________i______________________e_____________ _____e_____________________t______________________b_____________ _____h______________________o_____________________i_____________ _____o_________________ _h_____________________l_____ __________________a_____________________e_____________ _h___________ _________________t______________________o_____________ _n_____________________i____ _________________n__________ SB173 Engrossed -19- LRB093 07216 DRH 07372 b __________________w_____________________c________ __________________t_____________________;_ _________________e__________________ _________________f______________________p_____________ _a_____________________l______________________i___ _________________a______________________n_____________ _h______________________o_____________________r_____________ _h_____________________a______________________i_____________ _u_____________________e___________________ _________________t______________________a_____________ _f_____________________a______________________r_____________ _f____________ _________________a______________________c_____________ _r_____________________l______________________a_____________ _d______________________a_____________________u_____________ _h_____________________e_______________________o____________ _e_______ _d_____________________e______________________w_____________ _____l_____________________a_______________________n____________ _____n_____________________e______________________n_____________ _____o_____________________e_______________________t____________ _____e______________________e_____________________i_____________ _____e_____________________f_______________ _e_____________________e______________________e_____________ _____s_____________________t______________________g_______ _Y_____________________w______________________c_____________ _i_____________________i______________________0_____________ _l______________________Y_____________________e_______ _________________n______ _________________t________________________C___________ _o______ _f_____________________e______________________a_____________ _____t_____________________r_______________________s____________ _____a_____________________n______________________t_____________ SB173 Engrossed -20- LRB093 07216 DRH 07372 b _____t_____________________e______________________l_____________ _____n_____________________h______________________f_____________ ______S____________________h_______________________t____________ ______o____________________w______________________v_____________ _____u_____________________e___________________ _g_____________________o_______________________p____________ _____u_____________________e______________________c_____________ _____o_____________________g______________________o_____________ _____d_____________________r______________________e_____________ _____n_____________________a______________________o_____________ _____s_____________________i______________________o_____________ _____o___ _h_____________________a_______________________t____________ _____c______________________c_____________________a_____________ _____a_____________________g______________________r_____________ _____e_______________________f____________________d_____________ _____t______________________A_____________________e_____________ _____t_____________________o______________________s_____________ _____e_____________________t______________________i_____________ _______i___________________s______________________e_____________ _____a______________________i_______________________t___________ _______i___________________s______________________r_____________ _____a_____________________e______________________n_____________ _____o_____________________h______________________n_____________ _____e__________________ _i_____________________s______________________v__________ _________________o______________________a_____________ _f_____________________e______________________t_____________ _c_____________________d_______________________o____________ _o_____________________r______________________i_________ _________________t______________________t_____________ _i_____________________i______________________s_____________ _h_____________________n______________________e_____________ _r_____________________h______________________e_____________ SB173 Engrossed -21- LRB093 07216 DRH 07372 b _r_____________________u______________________ _________________e______________________h_____________ _e_______________ _j_____________________t______________________c_____________ _____t_____________________t______________________t_____________ _____w_____________________n_______________________t____________ _____i______________________t______________________p____________ _____e_______________________t_____________________v____________ _____t_____________________l______________________._ _k_____________________e______________________l_____________ _____r_____________________r______________________t_____________ _____i_____________________e______________________t_____________ _____t_____________________0______________________e_____________ ______a____________________w_______________________A____________ _____w_____________________t______________________i_____________ _____a_____________________t______________________o_____________ _____e_____________________a_______________________t____________ _____d______________________v________ _l_____________________r_______________________a____________ _____i______________________s_____________________d_____________ _____l_____________________f______________________h_____________ _____s_____________________t_______________________t____________ _____c______________ _m_______________________p____________________d_____________ _____c______________________b_____________________a_____________ _____m_____________________p______________________b_____________ _____n_____________________c_______________________t____________ _____a___________________ (625 ILCS 5/11-306) (from Ch.

95 1/2, par.

11-306) Sec.

11-306.

Traffic-control signal legend.

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or color lighted arrows, successively one at a time or in combination, only the colors SB173 Engrossed -22- LRB093 07216 DRH 07372 b green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(a) Green indication.

1.

Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.

Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

2.

Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time.

Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

3.

Unless otherwise directed by a pedestrian-control signal, as provided in Section 11-307, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(b) Steady yellow indication.

1.

Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

2.

Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, are thereby advised that there is insufficient time to SB173 Engrossed -23- LRB093 07216 DRH 07372 b cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(c) Steady red indication.

1.

Except as provided in paragraph 3 of this subsection (c), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.

2.

Except as provided in paragraph 3 of this subsection (c), vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication permitting the movement indicated by such red arrow is shown.

3.

Except when a sign is in place prohibiting a turn and local authorities by ordinance or State authorities by rule or regulation prohibit any such turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by paragraph 1 or paragraph 2 of this subsection.

After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or SB173 Engrossed -24- LRB093 07216 DRH 07372 b junction or roadways.

Such driver shall yield the right of way to pedestrians within the intersection or an adjacent crosswalk.

4.

Unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.

-----------------y-----------------------1------------ -o---------------------i----------------------o------------- -n---------------------g----------------------e------------- -i---------------------b----------------------e------------- -n---------------------l----------------------h------------- -o---------------------,----------------------t------------- -n---------------- -------------------5--------------------p------------- -i---------------------s----------------------e------ (d) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to provisions which by their nature can have no application.

Any stop required shall be at a traffic sign or a marking on the pavement indicating where the stop shall be made or, in the absence of such sign or marking, the stop shall be made at the signal.

(e) The motorman of any streetcar shall obey the above signals as applicable to vehicles.

(Source:

P.A.

90-86, eff.

7-10-97;

91-357, eff.

7-29-99.) (625 ILCS 5/1-105.5 rep.) Section 10.

The Illinois Vehicle Code is amended by repealing Section 1-105.5.

Section 99.

Effective date.

This Act takes effect upon becoming law.