Public Act 094-0519
 		





HB1387 Enrolled
LRB094 03531 DRH 33534 b






    AN ACT concerning transportation

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


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 11-1202, 18b-105, and 18b-107  and  by adding Section 
12-815.2 as follows:
 



    (625 ILCS 5/11-1202)  (from Ch. 95 1/2, par. 11-1202)


    Sec. 11-1202. Certain vehicles must stop at all railroad 
grade
crossings.

    (a) The driver of any of the following vehicles shall, 
before
crossing a railroad track or tracks at grade, stop such 
vehicle within 50
feet but not less than 15 feet from the 
nearest rail and, while so stopped,
shall listen and look for 
the approach of a train and shall not proceed
until such 
movement can be made with safety:


        1. Any second division vehicle carrying passengers for 
    hire;


        2. Any bus that meets all of the special requirements 
    for school buses in
Sections 12-801, 12-803, and 12-805 of 
    this Code. The driver of the bus, in addition to complying 
    with all other applicable requirements of this subsection 
    (a), must also turn off all noise producing accessories, 
    including heater blowers, defroster fans, auxiliary fans, 
    and radios, before crossing a railroad track or tracks;


        3. Any other vehicle which is required by Federal or 
    State law to be
placarded when carrying as a cargo or part 
    of a cargo hazardous material as
defined in the "Illinois 
    Hazardous Materials Transportation Act".

    After stopping as required in this Section, the driver 
shall proceed only in
a gear not requiring a change of gears 
during the crossing, and the driver
shall not shift gears while 
crossing the track or tracks.

    (b) This Section shall not apply:


        1. At any railroad grade crossing where traffic is 
    controlled by a police
officer or flagperson;


        2. At any railroad grade crossing controlled by a 
    functioning
traffic-control signal transmitting a green 
    indication which, under law,
permits the vehicle to proceed 
    across the railroad tracks without slowing
or stopping, 
    except that subsection (a) shall apply to
any school bus;


        3. At any streetcar grade crossing within a business or

    residence district; or


        4. At any abandoned, industrial or spur track railroad 
    grade
crossing designated as exempt by the Illinois 
    Commerce Commission and
marked with an official sign as 
    authorized in the State Manual on Uniform
Traffic Control 
    Devices for Streets and Highways.

(Source: P.A. 89-658, eff. 1-1-97.)


 
    (625 ILCS 5/12-815.2  new)
    Sec. 12-815.2. Noise suppression switch. Any school bus 
manufactured on or after January 1, 2006 must be equipped with 
a noise suppression switch capable of turning off noise 
producing accessories, including: heater blowers; defroster 
fans; auxiliary fans; and radios.
 



    (625 ILCS 5/18b-105)  (from Ch. 95 1/2, par. 18b-105)



    Sec. 18b-105. Rules and Regulations. 

    (a) The Department is authorized to make and adopt 
reasonable rules and
regulations and orders consistent with law 
necessary to carry out the
provisions of this Chapter.

    (b) The following parts of Title 49 of the Code of Federal 
Regulations,
as now in effect, are hereby adopted by reference 
as though they were set
out in full:

    Part 40 - Procedures For Transportation Workplace Drug and 
Alcohol Testing Programs;
    Part 380 - Special Training Requirements;
    Part 382 - Controlled Substances and Alcohol Use and 
Testing;

    Part 383 - Commercial Driver's License Standards, 
Requirements, and
Penalties;

    Part 385 - Safety Fitness Procedures;

    Part 386 Appendix B - Penalty Schedule; Violations and 
Maximum Monetary Penalties;
    Part 387 - Minimum Levels of Financial Responsibility for 
Motor Carriers;

    Part 390 - Federal Motor Carrier Safety Regulations: 
General;

    Part 391 - Qualifications of Drivers;

    Part 392 - Driving of Motor Vehicles;

    Part 393 - Parts and Accessories Necessary for Safe 
Operation;

    Part 395 - Hours of Service of Drivers, except as provided 
in
Section 18b-106.1; and

    Part 396 - Inspection, Repair and Maintenance; and
    Part 397 - Transportation of hazardous materials; Driving 
and Parking Rules.

    (b-5) Individuals who meet the requirements set forth in 
the definition
of "medical examiner" in Section 390.5 of Part 
390 of Title 49 of the Code
of Federal Regulations may act as 
medical examiners in accordance with
Part 391 of Title 49 of 
the Code of Federal Regulations.

    (c) The following parts and Sections of the Federal Motor 
Carrier Safety
Regulations shall not apply to those intrastate 
carriers, drivers or
vehicles subject to subsection (b).


        (1) Section 393.93 of Part 393 for those vehicles 
    manufactured before
June 30, 1972.


        (2) Section 393.86 of Part 393 for those vehicles which 
    are registered
as farm trucks under subsection (c) of 
    Section 3-815 of this Code.


        (3) (Blank).


        (4) (Blank).


        (5) Paragraph (b)(1) of Section 391.11 of Part 391.


        (6) All of Part 395 for all agricultural movements as 
    defined in Chapter
1, between the period of February 1 
    through November 30
each
year,
and all farm to market 
    agricultural transportation as defined in
Chapter 1
and for 
    grain hauling operations within a radius of 200 air miles 
    of the
normal work reporting location.


        (7) Paragraphs (b)(3) (insulin dependent diabetic) and 
    (b)(10) (minimum
visual acuity) of Section 391.41 of part 
    391, but only for any driver who
immediately prior to July 
    29, 1986 was eligible and licensed to operate a
motor 
    vehicle subject to this Section and was engaged in 
    operating such
vehicles, and who was disqualified on July 
    29, 1986 by the adoption of Part
391 by reason of the 
    application of paragraphs (b)(3) and (b)(10) of Section

    391.41 with respect to a physical condition existing at 
    that time unless such
driver has a record of accidents 
    which would indicate a lack of ability to
operate a motor 
    vehicle in a safe manner.

    (d) Intrastate carriers subject to the recording 
provisions of Section
395.8 of Part 395 of the Federal Motor 
Carrier Safety Regulations shall be
exempt as established under 
paragraph (1) of Section 395.8; provided,
however, for the 
purpose of this Code, drivers shall operate within a 150

air-mile radius of the normal work reporting location to 
qualify for exempt
status.

    (e) Regulations adopted by the Department subsequent to 
those adopted
under subsection (b) hereof shall be identical in 
substance to the Federal
Motor Carrier Safety Regulations of 
the United States Department of
Transportation and adopted in 
accordance with the procedures for rulemaking
in Section 5-35 
of the Illinois Administrative Procedure Act.

(Source: P.A. 91-179, eff. 1-1-00; 92-108; eff. 1-1-02; 92-249; 
eff. 1-1-02;
92-651, eff. 7-11-02; 92-703, eff. 7-19-02; 
revised 7-30-02.)

 



    (625 ILCS 5/18b-107)  (from Ch. 95 1/2, par. 18b-107)



    Sec. 18b-107. Violations - Civil penalties. Except as 
provided in Section 18b-108, any person who is determined
by 
the Department after reasonable notice and opportunity for a 
fair and
impartial hearing to have committed an act in 
violation of this Chapter
or any rule or regulation issued 
under this Chapter is liable to the State
for a civil penalty.  
Such person is subject to a civil penalty as prescribed by 
Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations 
and Maximum Monetary Penalties
of not more
than $5,000 for such 
violation, except that a person committing a
railroad-highway

grade crossing violation is subject to a civil penalty of not 
more than
$10,000, and, if any such violation is a continuing 
one,
each day of violation constitutes a separate offense.  The 
amount of any
such penalty shall be assessed by the Department 
by a written notice.  In
determining the amount of such penalty, 
the Department shall take into
account the nature, 
circumstances, extent and gravity of the violation and,
with 
respect to a person found to have committed such violation, the 
degree
of culpability, history or prior offenses, ability to 
pay, effect on
ability to continue to do business and such 
other matters as justice
may require.

    Such civil penalty is recoverable in an action brought by 
the State's
Attorney or the Attorney General on behalf of the 
State in the circuit
court or, prior to referral to the State's 
Attorney or the Attorney
General, such civil penalty may be 
compromised by the Department.  The
amount of such penalty when 
finally determined (or agreed upon in
compromise), may be 
deducted from any sums owed by the State to the person
charged.  
All civil penalties collected under this subsection shall be

deposited in the Road Fund.

(Source: P.A. 92-249, eff. 1-1-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.