|
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | AN ACT concerning transportation.
| |||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||||||||||
5 | Sections 1-167, 1-187.001, 6-514, 11-1011, 11-1201, 11-1202, | |||||||||||||||||||||||||||||||||
6 | and 11-1203 and by adding Section 1-167.5 as follows:
| |||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/1-167) (from Ch. 95 1/2, par. 1-167)
| |||||||||||||||||||||||||||||||||
8 | Sec. 1-167. Railroad sign or signal. Any sign, signal
or | |||||||||||||||||||||||||||||||||
9 | device, other than an official traffic control signal or
| |||||||||||||||||||||||||||||||||
10 | device, erected in accordance with the laws governing same and | |||||||||||||||||||||||||||||||||
11 | intended
to give notice of the presence of railroad tracks or | |||||||||||||||||||||||||||||||||
12 | the approach of a railroad train or railroad track equipment .
| |||||||||||||||||||||||||||||||||
13 | (Source: P.A. 83-831.)
| |||||||||||||||||||||||||||||||||
14 | (625 ILCS 5/1-167.5 new) | |||||||||||||||||||||||||||||||||
15 | Sec. 1-167.5. Railroad track equipment. All vehicles | |||||||||||||||||||||||||||||||||
16 | operated upon rails for the purpose of the maintenance of | |||||||||||||||||||||||||||||||||
17 | railroads including, but not limited to, all hi-rail vehicles | |||||||||||||||||||||||||||||||||
18 | and on-track roadway maintenance machines, as defined in 49 | |||||||||||||||||||||||||||||||||
19 | CFR, Part 214.7.
| |||||||||||||||||||||||||||||||||
20 | (625 ILCS 5/1-187.001)
| |||||||||||||||||||||||||||||||||
21 | Sec. 1-187.001. Serious traffic violation.
|
| |||||||
| |||||||
1 | (a) A conviction when operating a motor vehicle for:
| ||||||
2 | (1) a violation of subsection (a) of Section 11-402, | ||||||
3 | relating to a motor
vehicle
accident involving damage to a | ||||||
4 | vehicle;
| ||||||
5 | (2) a violation of Section 11-403, relating to failure | ||||||
6 | to stop and
exchange information after a motor vehicle | ||||||
7 | collision, property damage only;
| ||||||
8 | (3) a violation of subsection (a) of Section 11-502, | ||||||
9 | relating to illegal
transportation, possession, or | ||||||
10 | carrying of alcoholic liquor within the
passenger area of | ||||||
11 | any vehicle;
| ||||||
12 | (4) a violation of Section 6-101 relating to operating | ||||||
13 | a motor vehicle
without a
valid license or permit;
| ||||||
14 | (5) a violation of Section 11-403, relating to failure | ||||||
15 | to stop and
exchange information or give aid after a motor | ||||||
16 | vehicle collision involving
personal injury or death;
| ||||||
17 | (6) a violation relating to excessive speeding, | ||||||
18 | involving a single
speeding charge of 30 miles per hour or | ||||||
19 | more above the legal speed limit;
| ||||||
20 | (7) a violation relating to reckless driving;
| ||||||
21 | (8) a violation of subsection (d) of Section 11-707, | ||||||
22 | relating to passing
in a no-passing zone;
| ||||||
23 | (9) a violation of subsection (b) of Section 11-1402, | ||||||
24 | relating to
limitations on backing
upon a controlled access | ||||||
25 | highway;
| ||||||
26 | (10) a violation of subsection (b) of Section 11-707, |
| |||||||
| |||||||
1 | relating to driving
on the left
side of a roadway in a | ||||||
2 | no-passing zone;
| ||||||
3 | (11) a violation of subsection (e) of Section 11-1002, | ||||||
4 | relating to failure
to yield
the right-of-way to a | ||||||
5 | pedestrian at an intersection;
| ||||||
6 | (12) a violation of Section 11-1008, relating to | ||||||
7 | failure to yield to a
pedestrian on a sidewalk; or
| ||||||
8 | (13) a violation of Section 11-1201, relating to | ||||||
9 | failure to obey a signal indicating the approach of a stop | ||||||
10 | for an
approaching railroad train or railroad track | ||||||
11 | equipment signals ; or
| ||||||
12 | (b) Any other similar violation of a law or local ordinance | ||||||
13 | of any state
relating to motor vehicle traffic control, other | ||||||
14 | than a parking violation.
| ||||||
15 | (c) A violation of any of these defined serious traffic | ||||||
16 | offenses shall
not preclude the defendant from being eligible | ||||||
17 | to receive an order of court
supervision under Section 5-6-1 of | ||||||
18 | the Unified Code of Corrections.
| ||||||
19 | (Source: P.A. 90-369, eff. 1-1-98.)
| ||||||
20 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
21 | Sec. 6-514. Commercial Driver's License (CDL) - | ||||||
22 | Disqualifications.
| ||||||
23 | (a) A person shall be disqualified from driving a | ||||||
24 | commercial motor
vehicle for a period of not less than 12 | ||||||
25 | months for the first violation of:
|
| |||||||
| |||||||
1 | (1) Refusing to submit to or failure to complete a test | ||||||
2 | or tests to
determine the driver's blood concentration of | ||||||
3 | alcohol, other drug, or both,
while driving a commercial | ||||||
4 | motor vehicle or, if the driver is a CDL holder, while | ||||||
5 | driving a non-CMV; or
| ||||||
6 | (2) Operating a commercial motor vehicle while the | ||||||
7 | alcohol
concentration of the person's blood, breath or | ||||||
8 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
9 | or compound in the person's blood or urine
resulting from | ||||||
10 | the unlawful use or consumption of cannabis listed in the
| ||||||
11 | Cannabis Control Act, a controlled substance listed in the | ||||||
12 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
13 | listed in the Methamphetamine Control and Community | ||||||
14 | Protection Act as indicated by a police officer's sworn | ||||||
15 | report or
other verified evidence; or operating a | ||||||
16 | non-commercial motor vehicle while the alcohol | ||||||
17 | concentration of the person's blood, breath, or urine was | ||||||
18 | above the legal limit defined in Section 11-501.1 or | ||||||
19 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
20 | the person's blood or urine resulting from the unlawful use | ||||||
21 | or consumption of cannabis listed in the Cannabis Control | ||||||
22 | Act, a controlled substance listed in the Illinois | ||||||
23 | Controlled Substances Act, or methamphetamine as listed in | ||||||
24 | the Methamphetamine Control and Community Protection Act
| ||||||
25 | as indicated by a police officer's sworn report or other | ||||||
26 | verified evidence while holding a commercial driver's |
| |||||||
| |||||||
1 | license; or
| ||||||
2 | (3) Conviction for a first violation of:
| ||||||
3 | (i) Driving a commercial motor vehicle or, if the | ||||||
4 | driver is a CDL holder, driving a non-CMV while under | ||||||
5 | the influence of
alcohol, or any other drug, or | ||||||
6 | combination of drugs to a degree which
renders such | ||||||
7 | person incapable of safely driving; or
| ||||||
8 | (ii) Knowingly and wilfully leaving the scene of an | ||||||
9 | accident while
operating a commercial motor vehicle | ||||||
10 | or, if the driver is a CDL holder, while driving a | ||||||
11 | non-CMV; or
| ||||||
12 | (iii) Driving a commercial motor vehicle or, if the | ||||||
13 | driver is a CDL holder, driving a non-CMV while | ||||||
14 | committing any felony; or | ||||||
15 | (iv) Driving a commercial motor vehicle while the | ||||||
16 | person's driving privileges or driver's license or | ||||||
17 | permit is revoked, suspended, or cancelled or the | ||||||
18 | driver is disqualified from operating a commercial | ||||||
19 | motor vehicle; or | ||||||
20 | (v) Causing a fatality through the negligent | ||||||
21 | operation of a commercial motor vehicle, including but | ||||||
22 | not limited to the crimes of motor vehicle | ||||||
23 | manslaughter, homicide by a motor vehicle, and | ||||||
24 | negligent homicide. | ||||||
25 | As used in this subdivision (a)(3)(v), "motor | ||||||
26 | vehicle manslaughter" means the offense of involuntary |
| |||||||
| |||||||
1 | manslaughter if committed by means of a vehicle; | ||||||
2 | "homicide by a motor vehicle" means the offense of | ||||||
3 | first degree murder or second degree murder, if either | ||||||
4 | offense is committed by means of a vehicle; and | ||||||
5 | "negligent homicide" means reckless homicide under | ||||||
6 | Section 9-3 of the Criminal Code of 1961 and aggravated | ||||||
7 | driving under the influence of alcohol, other drug or | ||||||
8 | drugs, intoxicating compound or compounds, or any | ||||||
9 | combination thereof under subdivision (d)(1)(F) of | ||||||
10 | Section 11-501 of this Code.
| ||||||
11 | If any of the above violations or refusals occurred | ||||||
12 | while
transporting hazardous material(s) required to be | ||||||
13 | placarded, the person
shall be disqualified for a period of | ||||||
14 | not less than 3 years.
| ||||||
15 | (b) A person is disqualified for life for a second | ||||||
16 | conviction of any of
the offenses specified in paragraph (a), | ||||||
17 | or any combination of those
offenses, arising from 2 or more | ||||||
18 | separate incidents.
| ||||||
19 | (c) A person is disqualified from driving a commercial | ||||||
20 | motor vehicle for
life if the person either (i) uses a | ||||||
21 | commercial motor vehicle in the commission of any felony
| ||||||
22 | involving the manufacture, distribution, or dispensing of a | ||||||
23 | controlled
substance, or possession with intent to | ||||||
24 | manufacture, distribute or dispense
a controlled substance or | ||||||
25 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
26 | commission of a felony involving any of those activities.
|
| |||||||
| |||||||
1 | (d) The Secretary of State may, when the United States | ||||||
2 | Secretary of
Transportation so authorizes, issue regulations | ||||||
3 | in which a disqualification
for life under paragraph (b) may be | ||||||
4 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
5 | driver is subsequently convicted of another disqualifying
| ||||||
6 | offense, as specified in subsection (a) of this Section, he or | ||||||
7 | she shall be
permanently disqualified for life and shall be | ||||||
8 | ineligible to again apply for a
reduction of the lifetime | ||||||
9 | disqualification.
| ||||||
10 | (e) A person is disqualified from driving a commercial | ||||||
11 | motor vehicle for
a period of not less than 2 months if | ||||||
12 | convicted of 2 serious traffic
violations, committed in a | ||||||
13 | commercial motor vehicle, arising from separate
incidents, | ||||||
14 | occurring within a 3 year period. However, a person will be
| ||||||
15 | disqualified from driving a commercial motor vehicle for a | ||||||
16 | period of not less
than 4 months if convicted of 3 serious | ||||||
17 | traffic violations, committed in a
commercial motor vehicle, | ||||||
18 | arising from separate incidents, occurring within a 3
year | ||||||
19 | period.
| ||||||
20 | (e-1) A person is disqualified from driving a commercial | ||||||
21 | motor vehicle for a period of not less than 2 months if | ||||||
22 | convicted of 2 serious traffic violations committed in a | ||||||
23 | non-CMV while holding a CDL, arising from separate incidents, | ||||||
24 | occurring within a 3 year period, if the convictions would | ||||||
25 | result in the suspension or revocation of the CDL holder's | ||||||
26 | non-CMV privileges. A person shall be disqualified from driving |
| |||||||
| |||||||
1 | a commercial motor vehicle for a period of not less than 4 | ||||||
2 | months, however, if he or she is convicted of 3 or more serious | ||||||
3 | traffic violations committed in a non-CMV while holding a CDL, | ||||||
4 | arising from separate incidents, occurring within a 3 year | ||||||
5 | period, if the convictions would result in the suspension or | ||||||
6 | revocation of the CDL holder's non-CMV privileges.
| ||||||
7 | (f) Notwithstanding any other provision of this Code, any | ||||||
8 | driver
disqualified from operating a commercial motor vehicle, | ||||||
9 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
10 | of commercial driving
privileges during any such period of | ||||||
11 | disqualification.
| ||||||
12 | (g) After suspending, revoking, or cancelling a commercial | ||||||
13 | driver's
license, the Secretary of State must update the | ||||||
14 | driver's records to reflect
such action within 10 days. After | ||||||
15 | suspending or revoking the driving privilege
of any person who | ||||||
16 | has been issued a CDL or commercial driver instruction permit
| ||||||
17 | from another jurisdiction, the Secretary shall originate | ||||||
18 | notification to
such issuing jurisdiction within 10 days.
| ||||||
19 | (h) The "disqualifications" referred to in this Section | ||||||
20 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
21 | by the Secretary of
State, unless the prohibited action(s) | ||||||
22 | occurred after March 31, 1992.
| ||||||
23 | (i) A person is disqualified from driving a commercial | ||||||
24 | motor vehicle in
accordance with the following:
| ||||||
25 | (1) For 6 months upon a first conviction of paragraph | ||||||
26 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
| |||||||
| |||||||
1 | of this Code.
| ||||||
2 | (2) For 2 years upon a second conviction of paragraph | ||||||
3 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
4 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
5 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
6 | within a 10-year period if the second conviction is a | ||||||
7 | violation of paragraph (2) of subsection (b) or subsection | ||||||
8 | (b-3).
| ||||||
9 | (3) For 3 years upon a third or subsequent conviction | ||||||
10 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
11 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
12 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
13 | within a 10-year period if the third or subsequent | ||||||
14 | conviction is a violation of paragraph (2) of subsection | ||||||
15 | (b) or subsection (b-3).
| ||||||
16 | (4) For one year upon a first conviction of paragraph | ||||||
17 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
18 | of this Code.
| ||||||
19 | (5) For 3 years upon a second conviction of paragraph | ||||||
20 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
21 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
22 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
23 | within a 10-year period if the second conviction is a | ||||||
24 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
25 | (6) For 5 years upon a third or subsequent conviction | ||||||
26 | of paragraph (3) of
subsection (b) or subsection (b-5) or |
| |||||||
| |||||||
1 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
2 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
3 | within a 10-year period if the third or subsequent | ||||||
4 | conviction is a violation of paragraph (3) of subsection | ||||||
5 | (b) or (b-5).
| ||||||
6 | (j) Disqualification for railroad-highway grade crossing
| ||||||
7 | violation.
| ||||||
8 | (1) General rule. A driver who is convicted of a | ||||||
9 | violation of a federal,
State, or
local law or regulation | ||||||
10 | pertaining to
one of the following 6 offenses at a | ||||||
11 | railroad-highway grade crossing must be
disqualified
from | ||||||
12 | operating a commercial motor vehicle for the period of time | ||||||
13 | specified in
paragraph (2) of this subsection (j) if the | ||||||
14 | offense was committed while
operating a commercial motor | ||||||
15 | vehicle:
| ||||||
16 | (i) For drivers who are not required to always | ||||||
17 | stop, failing to
slow down and check that the tracks | ||||||
18 | are clear of an approaching train or railroad track | ||||||
19 | equipment , as
described in subsection (a-5) of Section | ||||||
20 | 11-1201 of this Code;
| ||||||
21 | (ii) For drivers who are not required to always | ||||||
22 | stop, failing to
stop before reaching the crossing, if | ||||||
23 | the tracks are not clear, as described in
subsection | ||||||
24 | (a) of Section 11-1201 of this Code;
| ||||||
25 | (iii) For drivers who are always required to stop, | ||||||
26 | failing to stop
before driving onto the crossing, as |
| |||||||
| |||||||
1 | described in Section 11-1202 of this Code;
| ||||||
2 | (iv) For all drivers, failing to have sufficient | ||||||
3 | space to drive
completely through the crossing without | ||||||
4 | stopping, as described in subsection
(b) of Section | ||||||
5 | 11-1425 of this Code;
| ||||||
6 | (v) For all drivers, failing to obey a traffic | ||||||
7 | control device or
the directions of an enforcement | ||||||
8 | official at the crossing, as described in
subdivision | ||||||
9 | (a)2 of Section 11-1201 of this Code;
| ||||||
10 | (vi) For all drivers, failing to negotiate a | ||||||
11 | crossing because of
insufficient undercarriage | ||||||
12 | clearance, as described in subsection (d-1) of
Section | ||||||
13 | 11-1201 of this Code.
| ||||||
14 | (2) Duration of disqualification for railroad-highway | ||||||
15 | grade
crossing violation.
| ||||||
16 | (i) First violation. A driver must be disqualified | ||||||
17 | from operating a
commercial motor vehicle
for not less | ||||||
18 | than 60 days if the driver is convicted of a violation | ||||||
19 | described
in paragraph
(1) of this subsection (j) and, | ||||||
20 | in the three-year period preceding the
conviction, the | ||||||
21 | driver
had no convictions for a violation described in | ||||||
22 | paragraph (1) of this
subsection (j).
| ||||||
23 | (ii) Second violation. A driver must be | ||||||
24 | disqualified from operating a
commercial
motor vehicle
| ||||||
25 | for not less
than 120 days if the driver is convicted
| ||||||
26 | of a violation described in paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (j) and, in the
three-year
period preceding | ||||||
2 | the conviction, the driver had one other conviction for | ||||||
3 | a
violation
described in paragraph (1) of this | ||||||
4 | subsection (j) that was committed in a
separate
| ||||||
5 | incident.
| ||||||
6 | (iii) Third or subsequent violation. A driver must | ||||||
7 | be disqualified from
operating a
commercial motor | ||||||
8 | vehicle
for not less than one year if the driver is | ||||||
9 | convicted
of a violation described in paragraph (1) of | ||||||
10 | this subsection (j) and, in the
three-year
period | ||||||
11 | preceding the conviction, the driver had 2 or more | ||||||
12 | other convictions for
violations
described in | ||||||
13 | paragraph (1) of this subsection (j) that were | ||||||
14 | committed in
separate incidents.
| ||||||
15 | (k) Upon notification of a disqualification of a driver's | ||||||
16 | commercial motor vehicle privileges imposed by the U.S. | ||||||
17 | Department of Transportation, Federal Motor Carrier Safety | ||||||
18 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
19 | Secretary of State shall immediately record to the driving | ||||||
20 | record the notice of disqualification and confirm to the driver | ||||||
21 | the action that has been taken.
| ||||||
22 | (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
| ||||||
23 | (625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
| ||||||
24 | Sec. 11-1011. Bridge and railroad signals.
| ||||||
25 | (a) No pedestrian
shall enter or remain
upon any bridge or |
| |||||||
| |||||||
1 | approach thereto beyond the bridge signal, gate, or
barrier | ||||||
2 | after a bridge operation signal indication has been given.
| ||||||
3 | (b) No pedestrian shall pass through, around, over, or | ||||||
4 | under any
crossing gate or barrier at a railroad grade crossing | ||||||
5 | or bridge while such
gate or barrier is closed or is being | ||||||
6 | opened or closed.
| ||||||
7 | (c) No pedestrian shall enter, remain upon or traverse over | ||||||
8 | a railroad
grade crossing or pedestrian walkway crossing a | ||||||
9 | railroad track when an
audible bell or clearly visible electric | ||||||
10 | or mechanical signal device is
operational giving warning of | ||||||
11 | the presence, approach, passage, or
departure of a
railroad | ||||||
12 | train or railroad track equipment .
| ||||||
13 | (d) A violation of any part of this Section is a petty | ||||||
14 | offense for
which a $250 fine shall be imposed for a first | ||||||
15 | violation, and a $500 fine shall
be imposed for a
second or | ||||||
16 | subsequent violation. The court may impose 25 hours of | ||||||
17 | community
service in place of the $250
fine for a
first | ||||||
18 | violation.
| ||||||
19 | (e) Local authorities shall impose fines as established in | ||||||
20 | subsection (d)
for pedestrians who fail to obey signals | ||||||
21 | indicating the presence,
approach, passage, or
departure of
a | ||||||
22 | train or railroad track equipment .
| ||||||
23 | (Source: P.A. 92-814, eff. 1-1-03.)
| ||||||
24 | (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
| ||||||
25 | Sec. 11-1201. Obedience to signal indicating approach of |
| |||||||
| |||||||
1 | train or railroad track equipment .
| ||||||
2 | (a) Whenever any person driving a vehicle approaches a | ||||||
3 | railroad grade
crossing where the driver is not always required | ||||||
4 | to stop, the
person must
exercise due care and caution as the | ||||||
5 | existence of
a railroad track across a highway is a warning of | ||||||
6 | danger, and under any of
the circumstances stated in this | ||||||
7 | Section, the driver shall stop within 50
feet but not less than | ||||||
8 | 15 feet from the nearest rail of the railroad and
shall not | ||||||
9 | proceed until the tracks are clear and he or she can do so
| ||||||
10 | safely. The
foregoing requirements
shall apply when:
| ||||||
11 | 1. A clearly visible electric or mechanical signal | ||||||
12 | device gives warning
of the immediate approach of a | ||||||
13 | railroad train or railroad track equipment ;
| ||||||
14 | 2. A crossing gate is lowered or a human flagman gives | ||||||
15 | or continues to
give a signal of the approach or passage of | ||||||
16 | a railroad train or railroad track equipment ;
| ||||||
17 | 3. A railroad train or railroad track equipment | ||||||
18 | approaching a highway crossing emits a warning
signal and | ||||||
19 | such railroad train or railroad track equipment , by reason | ||||||
20 | of its speed or nearness to such
crossing, is an immediate | ||||||
21 | hazard;
| ||||||
22 | 4. An approaching railroad train or railroad track | ||||||
23 | equipment is plainly visible and is in hazardous
proximity | ||||||
24 | to such crossing;
| ||||||
25 | 5. A railroad train or railroad track equipment is | ||||||
26 | approaching so closely that an immediate hazard
is created.
|
| |||||||
| |||||||
1 | (a-5) Whenever a person driving a vehicle approaches a | ||||||
2 | railroad grade
crossing where the driver is not always required | ||||||
3 | to stop but must slow down,
the person must exercise due care | ||||||
4 | and caution as the existence of a railroad
track across a | ||||||
5 | highway is a warning of danger, and under any of the
| ||||||
6 | circumstances stated in this Section, the driver shall slow | ||||||
7 | down within 50 feet
but not less than 15 feet from the nearest | ||||||
8 | rail of the railroad and shall not
proceed until he or she | ||||||
9 | checks that the tracks are clear of an approaching
train or | ||||||
10 | railroad track equipment .
| ||||||
11 | (b) No person shall drive any vehicle through, around
or | ||||||
12 | under any crossing gate or barrier at a railroad crossing
while | ||||||
13 | such gate or barrier is closed or is being opened or closed.
| ||||||
14 | (c) The Department, and local authorities with the
approval | ||||||
15 | of the Department, are hereby authorized to designate
| ||||||
16 | particularly dangerous highway grade crossings of railroads
| ||||||
17 | and to erect stop signs thereat. When such stop signs
are | ||||||
18 | erected the driver of any vehicle shall stop within 50
feet but | ||||||
19 | not less than 15 feet from the nearest rail of such
railroad | ||||||
20 | and shall proceed only upon exercising due care.
| ||||||
21 | (d) At any railroad grade crossing provided with railroad | ||||||
22 | crossbuck signs,
without automatic, electric, or mechanical | ||||||
23 | signal devices, crossing gates, or a
human flagman giving a | ||||||
24 | signal of the approach or passage of a train or railroad track | ||||||
25 | equipment , the driver
of a vehicle shall in obedience to the | ||||||
26 | railroad crossbuck sign, yield the
right-of-way and slow down |
| |||||||
| |||||||
1 | to a speed reasonable for the existing conditions
and shall | ||||||
2 | stop, if required for safety, at a clearly marked stopped line, | ||||||
3 | or if
no stop line, within 50 feet but not less than 15 feet | ||||||
4 | from the nearest rail of
the railroad and shall not proceed | ||||||
5 | until he or she can do so safely. If a
driver is involved in a | ||||||
6 | collision at a railroad crossing or interferes with the
| ||||||
7 | movement of a train or railroad track equipment after driving | ||||||
8 | past the railroad crossbuck sign, the
collision or interference | ||||||
9 | is prima facie evidence of the driver's
failure to yield | ||||||
10 | right-of-way.
| ||||||
11 | (d-1) No person shall, while driving a commercial motor | ||||||
12 | vehicle, fail to
negotiate
a railroad-highway grade railroad | ||||||
13 | crossing because of insufficient
undercarriage
clearance.
| ||||||
14 | (d-5) (Blank).
| ||||||
15 | (e) It is unlawful to violate any part of this
Section.
| ||||||
16 | (1) A violation of this Section is a petty offense for | ||||||
17 | which a fine of
$250 shall be imposed for a first | ||||||
18 | violation, and a fine of $500 shall be
imposed for a second | ||||||
19 | or subsequent violation. The court may impose 25 hours of
| ||||||
20 | community service in place of the $250 fine for the first | ||||||
21 | violation.
| ||||||
22 | (2) For a second or subsequent violation, the Secretary | ||||||
23 | of State may
suspend the driving privileges of the offender | ||||||
24 | for a minimum of 6 months.
| ||||||
25 | (f) Corporate authorities of municipal corporations
| ||||||
26 | regulating operators of vehicles that fail to obey signals |
| |||||||
| |||||||
1 | indicating the
presence,
approach, passage, or departure of a
| ||||||
2 | train or railroad track equipment shall impose fines as | ||||||
3 | established in subsection (e) of this Section.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
5 | (625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
| ||||||
6 | Sec. 11-1202. Certain vehicles must stop at all railroad | ||||||
7 | grade
crossings.
| ||||||
8 | (a) The driver of any of the following vehicles shall, | ||||||
9 | before
crossing a railroad track or tracks at grade, stop such | ||||||
10 | vehicle within 50
feet but not less than 15 feet from the | ||||||
11 | nearest rail and, while so stopped,
shall listen and look for | ||||||
12 | the approach of a train or railroad track equipment and shall | ||||||
13 | not proceed
until such movement can be made with safety:
| ||||||
14 | 1. Any second division vehicle carrying passengers for | ||||||
15 | hire;
| ||||||
16 | 2. Any bus that meets all of the special requirements | ||||||
17 | for school buses in
Sections 12-801, 12-803, and 12-805 of | ||||||
18 | this Code. The driver of the bus, in addition to complying | ||||||
19 | with all other applicable requirements of this subsection | ||||||
20 | (a), must also (i) turn off all noise producing | ||||||
21 | accessories, including heater blowers, defroster fans, | ||||||
22 | auxiliary fans, and radios, and (ii) open the service door | ||||||
23 | and driver's window, before crossing a railroad track or | ||||||
24 | tracks;
| ||||||
25 | 3. Any other vehicle which is required by Federal or |
| |||||||
| |||||||
1 | State law to be
placarded when carrying as a cargo or part | ||||||
2 | of a cargo hazardous material as
defined in the "Illinois | ||||||
3 | Hazardous Materials Transportation Act".
| ||||||
4 | After stopping as required in this Section, the driver | ||||||
5 | shall proceed only in
a gear not requiring a change of gears | ||||||
6 | during the crossing, and the driver
shall not shift gears while | ||||||
7 | crossing the track or tracks.
| ||||||
8 | (b) This Section shall not apply:
| ||||||
9 | 1. At any railroad grade crossing where traffic is | ||||||
10 | controlled by a police
officer or flagperson;
| ||||||
11 | 2. At any railroad grade crossing controlled by a | ||||||
12 | functioning
traffic-control signal transmitting a green | ||||||
13 | indication which, under law,
permits the vehicle to proceed | ||||||
14 | across the railroad tracks without slowing
or stopping, | ||||||
15 | except that subsection (a) shall apply to
any school bus;
| ||||||
16 | 3. At any streetcar grade crossing within a business or
| ||||||
17 | residence district; or
| ||||||
18 | 4. At any abandoned, industrial or spur track railroad | ||||||
19 | grade
crossing designated as exempt by the Illinois | ||||||
20 | Commerce Commission and
marked with an official sign as | ||||||
21 | authorized in the State Manual on Uniform
Traffic Control | ||||||
22 | Devices for Streets and Highways.
| ||||||
23 | (Source: P.A. 94-519, eff. 8-10-05; 95-756, eff. 1-1-09.)
| ||||||
24 | (625 ILCS 5/11-1203) (from Ch. 95 1/2, par. 11-1203)
| ||||||
25 | Sec. 11-1203. Moving heavy equipment at railroad grade |
| |||||||
| |||||||
1 | crossing.
| ||||||
2 | (a) No person shall operate or move any crawler-type | ||||||
3 | tractor, power
shovel, derrick, roller, or any equipment or | ||||||
4 | structure having a normal
operating speed of 10 or less miles | ||||||
5 | per hour, or, for such equipment with
18 feet or less distance | ||||||
6 | between two adjacent axles, having a vertical body
or load | ||||||
7 | clearance of less than 9 inches above a level surface, or, for | ||||||
8 | such
equipment with more than 18 feet between two adjacent | ||||||
9 | axles, having a
vertical body or load clearance of less than | ||||||
10 | 1/2 inch per foot of distance
between such adjacent axles above | ||||||
11 | a level surface upon or across any tracks
at a railroad grade | ||||||
12 | crossing without first complying with this Section.
| ||||||
13 | (b) Notice of any such intended crossing shall be given to | ||||||
14 | a
superintendent of such railroad and a reasonable time be | ||||||
15 | given to such
railroad to provide proper protection at such | ||||||
16 | crossing.
| ||||||
17 | (c) Before making any such crossing the person operating or | ||||||
18 | moving any
such vehicle or equipment shall first stop the same | ||||||
19 | not less than 15 feet
nor more than 50 feet from the nearest | ||||||
20 | rail of such railway and while so
stopped shall listen and look | ||||||
21 | in both directions along such track for any
approaching train | ||||||
22 | or railroad track equipment and for signals indicating the | ||||||
23 | approach of a train or railroad track equipment , and
shall not | ||||||
24 | proceed until the crossing can be made safely.
| ||||||
25 | (d) No such crossing shall be made when warning is given by | ||||||
26 | automatic
signal or crossing gates or a flagman or otherwise of |
| |||||||
| |||||||
1 | the immediate
approach of a railroad train , railroad track | ||||||
2 | equipment, or car.
| ||||||
3 | (Source: P.A. 76-2172.)
|