[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 002 ] |
92_SB0826ham001
LRB9204852WHpcam
1 AMENDMENT TO SENATE BILL 826
2 AMENDMENT NO. . Amend Senate Bill 826 on page 1,
3 line 5 by changing "6-514," to "6-506, 6-514, 6-524,
4 11-1201,"; and
5 on page 4, by replacing lines 21 through 31 with the
6 following:
7 "violation, while operating a commercial motor vehicle, of
8 any of the following:
9 (1) An offense listed in subsection (j) of Section
10 6-514 of this Code.
11 (2) Section 11-1201 of this Code.
12 (3) Section 11-1201.1 of this Code.
13 (4) Section 11-1202 of this Code.
14 (5) Section 11-1203 of this Code.
15 (6) 92 Illinois Administrative Code 392.10.
16 (7) 92 Illinois Administrative Code 392.11.
17 (8) Any local ordinance that is similar to any of
18 items (1) through (7).
19 on page 5, by inserting after line 29 the following:
20 "(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
21 Sec. 6-506. Commercial motor vehicle driver -
22 employer/owner responsibilities.
-2- LRB9204852WHpcam
1 (a) No employer or commercial motor vehicle owner shall
2 knowingly allow, permit, or authorize an employee to drive a
3 commercial motor vehicle on the highways during any period in
4 which such employee:
5 (1) has a driver's license suspended, revoked or
6 cancelled by any state; or
7 (2) has lost the privilege to drive a commercial motor
8 vehicle in any state; or
9 (3) has been disqualified from driving a commercial
10 motor vehicle; or
11 (4) has more than one driver's license, except as
12 provided by this UCDLA; or.
13 (5) is subject to or in violation of an "out-of-service"
14 order.
15 (b) No employer or commercial motor vehicle owner may
16 knowingly allow, permit, authorize, or require a driver to
17 operate a commercial motor vehicle in violation of any law or
18 regulation pertaining to railroad-highway grade crossings.
19 (c) Any employer convicted of violating subsection (a)
20 of this Section, whether individually or in connection with
21 one or more other persons, or as principal agent, or
22 accessory, shall be guilty of a Class A misdemeanor.
23 (Source: P.A. 86-845.)"; and
24 by replacing lines 28 through 34 of page 8 and lines 1
25 through 5 of page 9 with the following:
26 "(j) (1) A driver shall be disqualified for the
27 applicable period specified in paragraph (2) for any
28 violation of a federal, State, or local law or regulation
29 pertaining to one of the following offenses at a
30 railroad-highway grade crossing while operating a commercial
31 motor vehicle:
32 (i) For drivers who are not always required to
33 stop, failing to slow down and check that the tracks
34 are clear of an approaching train.
-3- LRB9204852WHpcam
1 (ii) For drivers who are not always required
2 to stop, failing to stop before reaching the
3 crossing, if the tracks are not clear.
4 (iii) For drivers who are always required to
5 stop, failing to stop before driving onto the
6 crossing.
7 (iv) For all drivers, failing to have
8 sufficient space to drive completely through the
9 crossing without stopping.
10 (v) For all drivers, failing to obey a traffic
11 control device or the directions of an enforcement
12 official at the crossing.
13 (vi) For all drivers, failing to negotiate a
14 crossing because of insufficient undercarriage
15 clearance.
16 (2) The length of the disqualification shall be:
17 (i) Not less than 60 days in the case of a
18 conviction for any of the offenses described in
19 paragraph (1) if the person had no convictions for
20 any of the offenses described in paragraph (1)
21 during the 3-year period immediately preceding the
22 conviction.
23 (ii) Not less than 120 days in the case of a
24 conviction for any of the offenses described in
25 paragraph (1) if the person had one conviction for
26 any of the offenses described in paragraph (1)
27 during the 3-year period immediately preceding the
28 conviction.
29 (iii) Not less than one year in the case of a
30 conviction for any of the offenses described in
31 paragraph (1) if the person had 2 or more
32 convictions, based on separate incidents, for any of
33 the offenses described in paragraph (1) during the
34 3-year period immediately preceding the
-4- LRB9204852WHpcam
1 conviction."; and
2 on page 9, by inserting after line 6 the following:
3 "(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
4 Sec. 6-524. Penalties.
5 (a) Every person convicted of violating any provision of
6 this UCDLA for which another penalty is not provided shall
7 for a first offense be guilty of a petty offense; and for a
8 second conviction for any offense committed within 3 years of
9 any previous offense, shall be guilty of a Class B
10 misdemeanor.
11 (b) Any person convicted of violating subsection (b) of
12 Section 6-506 of this Code shall be subject to a civil
13 penalty of not more than $10,000.
14 (Source: P.A. 86-845.)
15 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
16 Sec. 11-1201. Obedience to signal indicating approach of
17 train.
18 (a) Whenever any person driving a vehicle approaches a
19 railroad grade crossing such person must exercise due care
20 and caution as the existence of a railroad track across a
21 highway is a warning of danger, and under any of the
22 circumstances stated in this Section, the driver shall stop
23 within 50 feet but not less than 15 feet from the nearest
24 rail of the railroad and shall not proceed until he can do so
25 safely. The foregoing requirements shall apply when:
26 1. A clearly visible electric or mechanical signal
27 device gives warning of the immediate approach of a
28 railroad train;
29 2. A crossing gate is lowered or a human flagman
30 gives or continues to give a signal of the approach or
31 passage of a railroad train;
32 3. A railroad train approaching a highway crossing
-5- LRB9204852WHpcam
1 emits a warning signal and such railroad train, by reason
2 of its speed or nearness to such crossing, is an
3 immediate hazard;
4 4. An approaching railroad train is plainly visible
5 and is in hazardous proximity to such crossing.
6 5. A railroad train is approaching so closely that
7 an immediate hazard is created.
8 (b) No person shall drive any vehicle through, around or
9 under any crossing gate or barrier at a railroad crossing
10 while such gate or barrier is closed or is being opened or
11 closed.
12 (c) The Department, and local authorities with the
13 approval of the Department, are hereby authorized to
14 designate particularly dangerous highway grade crossings of
15 railroads and to erect stop signs thereat. When such stop
16 signs are erected the driver of any vehicle shall stop within
17 50 feet but not less than 15 feet from the nearest rail of
18 such railroad and shall proceed only upon exercising due
19 care.
20 (d) At any railroad grade crossing provided with
21 railroad crossbuck signs, without automatic, electric, or
22 mechanical signal devices, crossing gates, or a human flagman
23 giving a signal of the approach or passage of a train, the
24 driver of a vehicle shall in obedience to the railroad
25 crossbuck sign, yield the right-of-way and slow down to a
26 speed reasonable for the existing conditions and shall stop,
27 if required for safety, at a clearly marked stopped line, or
28 if no stop line, within 50 feet but not less than 15 feet
29 from the nearest rail of the railroad and shall not proceed
30 until he or she can do so safely. If a driver is involved in
31 a collision at a railroad crossing or interferes with the
32 movement of a train after driving past the railroad crossbuck
33 sign, the collision or interference is prima facie evidence
34 of the driver's failure to yield right-of-way.
-6- LRB9204852WHpcam
1 (d-5) No person may drive any vehicle through a railroad
2 crossing if there is insufficient space to drive completely
3 through the crossing without stopping.
4 (e) A violation of any part of this Section shall result
5 in a mandatory fine of $500 or 50 hours of community service.
6 (f) Local authorities shall impose fines as established
7 in subsection (e) for vehicles that fail to obey signals
8 indicating the presence, approach, passage, or departure of a
9 train.
10 (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)".