104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3205
 
Introduced , by Rep. Jason R. Bunting
 
SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-908    from Ch. 95 1/2, par. 11-908
    Amends the Illinois Vehicle Code. Requires the driver of a vehicle to yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any agricultural work zone. Sets the penalties as follows: failing to yield is a business offense punishable by a fine of not less than $100 and not more than $25,000; failing to yield that results in damage to property, in addition to the business offense penalty and any other imposed penalty, shall have the person's driving privileges suspended for not less than 90 days and not more than one year; failing to yield that results in injury to another person, in addition to the business offense penalty and any other imposed penalty, shall have the person's driving privileges suspended for not less than 180 days and not more than 2 years; and for failing to yield that results in the death of another person, in addition to the business offense penalty and any other imposed penalty, shall have the person's driving privileges suspended for 2 years.


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A BILL FOR
 
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1    AN ACT concerning transportation.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Illinois Vehicle Code is amended by 
5changing Section 11-908 as follows:

6    (625 ILCS 5/11-908)    (from Ch. 95 1/2, par. 11-908)
7    Sec. 11-908. Vehicle approaching or entering a highway 
8construction or maintenance area or zone or agricultural work 
9zone.
10    (a) The driver of a vehicle shall yield the right-of-way 
11to any authorized vehicle or pedestrian actually engaged in 
12work upon a highway within any highway construction or 
13maintenance area or agricultural work zone indicated by 
14official traffic-control devices.
15    (a-1) Upon entering a construction, or maintenance, or 
16agricultural work zone when workers are present, a person who 
17drives a vehicle shall:
18        (1) proceeding with due caution, yield the 
19 right-of-way by making a lane change into a lane not 
20 adjacent to that of the workers present, if possible with 
21 due regard to safety and traffic conditions, if on a 
22 highway having at least 4 lanes with not less than 2 lanes 
23 proceeding in the same direction as the approaching 
 
 
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1 vehicle, and reduce the speed of the vehicle to a speed 
2 that is reasonable and proper with regard to traffic 
3 conditions and the use of the highway to avoid a collision 
4 and leaving a safe distance until safely past the 
5 construction, or maintenance, or agricultural work zone; 
6 or
7        (2) proceeding with due caution, reduce the speed of 
8 the vehicle to a speed that is reasonable and proper with 
9 regard to traffic conditions and the use of the highway to 
10 avoid a collision until safely past the construction, or    
11 maintenance, or agricultural work zone, maintaining a safe 
12 speed for road conditions, if changing lanes would be 
13 impossible or unsafe.
14    (a-2) A person who violates subsection (a-1) of this 
15Section commits a business offense punishable by a fine of not 
16less than $100 and not more than $25,000. It is a factor in 
17aggravation if the person committed the offense while in 
18violation of Section 11-501 of this Code. 
19    (a-3) If a violation of subsection (a-1) of this Section 
20results in damage to the property of another person, in 
21addition to any other penalty imposed, the person's driving 
22privileges shall be suspended for a fixed period of not less 
23than 90 days and not more than one year.
24    (a-4) If a violation of subsection (a-1) of this Section 
25results in injury to another person, in addition to any other 
26penalty imposed, the person's driving privileges shall be 
 
 
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1suspended for a fixed period of not less than 180 days and not 
2more than 2 years.
3    (a-5) If a violation of subsection (a-1) of this Section 
4results in the death of another person, in addition to any 
5other penalty imposed, the person's driving privileges shall 
6be suspended for 2 years.
7    (a-6) The Secretary of State shall, upon receiving a 
8record of a judgment entered against a person under subsection 
9(a-1) 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 the 
13 appropriate mandatory period.
14    (b) The driver of a vehicle shall yield the right-of-way 
15to any authorized vehicle obviously and actually engaged in 
16work upon a highway whenever the vehicle engaged in 
17construction, or maintenance, or agricultural work displays 
18flashing lights as provided in Section 12-215 of this Act.
19    (c) The driver of a vehicle shall stop if signaled to do so 
20by a flagger or a traffic control signal and remain in such 
21position until signaled to proceed. If a driver of a vehicle 
22fails to stop when signaled to do so by a flagger, the flagger 
23is authorized to report such offense to the State's Attorney 
24or authorized prosecutor. The penalties imposed for a 
25violation of this subsection (c) shall be in addition to any 
26penalties imposed for a violation of subsection (a-1).
 
 
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1(Source: P.A. 103-711, eff. 1-1-25.)