Public Act 099-0663
 
SB2806 EnrolledLRB099 19107 AXK 43496 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 
Section 11-1201 as follows:
 



    (625 ILCS 5/11-1201)  (from Ch. 95 1/2, par. 11-1201)



    Sec. 11-1201. Obedience to signal indicating approach of 
train or railroad track equipment. 

    (a) Whenever any person driving a vehicle approaches a 
railroad grade
crossing where the driver is not always required 
to stop, the
person must
exercise due care and caution as the 
existence of
a railroad track across a highway is a warning of 
danger, and under any of
the circumstances stated in this 
Section, the driver shall stop within 50
feet but not less than 
15 feet from the nearest rail of the railroad and
shall not 
proceed until the tracks are clear and he or she can do so

safely.  The
foregoing requirements
shall apply when:


        1. A clearly visible electric or mechanical signal 
    device gives warning
of the immediate approach of a 
    railroad train or railroad track equipment;


        2. A crossing gate is lowered or a human flagman gives 
    or continues to
give a signal of the approach or passage of 
    a railroad train or railroad track equipment;


        3. A railroad train or railroad track equipment 
    approaching a highway crossing emits a warning
signal and 
    such railroad train or railroad track equipment, by reason 
    of its speed or nearness to such
crossing, is an immediate 
    hazard;


        4. An approaching railroad train or railroad track 
    equipment is plainly visible and is in hazardous
proximity 
    to such crossing;


        5. A railroad train or railroad track equipment is 
    approaching so closely that an immediate hazard
is created.

    (a-5) Whenever a person driving a vehicle approaches a 
railroad grade
crossing where the driver is not always required 
to stop but must slow down,
the person must exercise due care 
and caution as the existence of a railroad
track across a 
highway is a warning of danger, and under any of the

circumstances stated in this Section, the driver shall slow 
down within 50 feet
but not less than 15 feet from the nearest 
rail of the railroad and shall not
proceed until he or she 
checks that the tracks are clear of an approaching
train or 
railroad track equipment.

    (b) No person shall drive any vehicle through, around
or 
under any crossing gate or barrier at a railroad crossing
while 
such gate or barrier is closed or is being opened or closed.

    (c) The Department, and local authorities with the
approval 
of the Department, are hereby authorized to designate

particularly dangerous highway grade crossings of railroads

and to erect stop signs thereat.  When such stop signs
are 
erected the driver of any vehicle shall stop within 50
feet but 
not less than 15 feet from the nearest rail of such
railroad 
and shall proceed only upon exercising due care.

    (d) At any railroad grade crossing provided with railroad 
crossbuck signs,
without automatic, electric, or mechanical 
signal devices, crossing gates, or a
human flagman giving a 
signal of the approach or passage of a train or railroad track 
equipment, the driver
of a vehicle shall in obedience to the 
railroad crossbuck sign, yield the
right-of-way and slow down 
to a speed reasonable for the existing conditions
and shall 
stop, if required for safety, at a clearly marked stopped line, 
or if
no stop line, within 50 feet but not less than 15 feet 
from the nearest rail of
the railroad and shall not proceed 
until he or she can do so safely.  If a
driver is involved in a 
collision at a railroad crossing or interferes with the

movement of a train or railroad track equipment after driving 
past the railroad crossbuck sign, the
collision or interference 
is prima facie evidence of the driver's
failure to yield 
right-of-way.

    (d-1) No person shall, while driving a commercial motor 
vehicle, fail to
negotiate
a railroad-highway grade railroad 
crossing because of insufficient
undercarriage
clearance.

    (d-5) (Blank).

    (e) It is unlawful to violate any part of this
Section.


        (1) A violation of this Section is a petty offense for 
    which a fine of
$500 $250 shall be imposed for a first 
    violation, and a fine of $1,000 $500 shall be
imposed for a 
    second or subsequent violation.  The court may impose 25 
    hours of
community service in place of the $500 $250 fine 
    for the first violation.


        (2) For a second or subsequent violation, the Secretary 
    of State may
suspend the driving privileges of the offender 
    for a minimum of 6 months.

    (f) Corporate authorities of municipal corporations

regulating operators of vehicles that fail to obey signals 
indicating the
presence,
approach, passage, or departure of a

train or railroad track equipment shall impose fines as 
established in subsection (e) of this Section.

(Source: P.A. 95-331, eff. 8-21-07; 96-1244, eff. 1-1-11.)