CHAPTER 11 - RULES OF THE ROAD

625 ILCS 5/11-709.1

Sec. 11-709.1. Driving on the shoulder.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Petty Offense

No incarceration authorized · Fine up to $1,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction SOS Administrative Action

Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).

Classification Petty Offense
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 8255
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Improper passing on the shoulder Petty Offense Release on Notice Release Eligible 8255
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-709.1. Driving on the shoulder.

(a)

(a) Vehicles shall be driven on a roadway, and shall only be driven on the shoulder for the purpose of stopping or accelerating from a stop while merging into traffic. It shall be a violation of this Section if while merging into traffic and while on the shoulder, the vehicle passes any other vehicle on the roadway adjacent to it.

(b)

(b) This Section shall not apply to any authorized emergency vehicle, to any authorized transit bus, to any bicycle, to any farm tractor or implement of husbandry, to any service vehicle while engaged in maintenance of the highway or related work, or to any authorized vehicle within a designated construction zone.

(Source: P.A. 100-359, eff. 1-1-18.)

Cross-Referenced ILCS Codes