|
|||||||
| |||||||
| |||||||
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 | Section 11-1201.1 and adding Sections 11-612 and 11-1201.5 as | ||||||
6 | follows: | ||||||
7 | (625 ILCS 5/11-612 new)
| ||||||
8 | Sec. 11-612. Certain systems to record vehicle speeds | ||||||
9 | prohibited. Except as authorized in the Automated Traffic | ||||||
10 | Control Systems in Highway Construction or Maintenance Zones | ||||||
11 | Act, no photographic, video, or other imaging system may be | ||||||
12 | used in this State to record vehicle speeds for the purpose of | ||||||
13 | enforcing any law or ordinance regarding a maximum or minimum | ||||||
14 | speed limit unless a law enforcement officer is present at the | ||||||
15 | scene and witnesses the event. No State or local governmental | ||||||
16 | entity, including a home rule county or municipality, may use | ||||||
17 | such a system in a way that is prohibited by this Section. The | ||||||
18 | regulation of the use of such systems is an exclusive power and | ||||||
19 | function of the State. This Section is a denial and limitation | ||||||
20 | of home rule powers and functions under subsection (h) of | ||||||
21 | Section 6 of Article VII of the Illinois Constitution.
| ||||||
22 | (625 ILCS 5/11-1201.1)
| ||||||
23 | Sec. 11-1201.1. Automated Railroad Crossing Enforcement | ||||||
24 | System Pilot Project .
| ||||||
25 | (a) For the purposes of this Section, an automated railroad | ||||||
26 | grade crossing
enforcement system is a system operated by a law | ||||||
27 | enforcement agency that
records a driver's response to | ||||||
28 | automatic, electrical or mechanical signal
devices and | ||||||
29 | crossing gates. The system shall be designed to obtain a clear
| ||||||
30 | photograph or other recorded image of the vehicle, vehicle | ||||||
31 | operator and the
vehicle registration plate of a vehicle in |
| |||||||
| |||||||
1 | violation of Section 11-1201. The
photograph or other recorded | ||||||
2 | image shall also display the time, date and
location of the | ||||||
3 | violation.
| ||||||
4 | (b) Commencing on January 1, 1996, the Illinois Commerce | ||||||
5 | Commission and
the Commuter Rail Board of the Regional | ||||||
6 | Transportation Authority shall, in
cooperation with local law | ||||||
7 | enforcement agencies, establish a 5 year pilot
program within a | ||||||
8 | county with a population of between 750,000 and
1,000,000 using | ||||||
9 | an automated railroad grade crossing enforcement system. The
| ||||||
10 | Commission shall determine the 3 railroad grade crossings | ||||||
11 | within that county
that pose the greatest threat to human life | ||||||
12 | based upon the number of accidents
and fatalities at the | ||||||
13 | crossings during the past 5 years and with approval of
the | ||||||
14 | local law enforcement agency equip the crossings with an | ||||||
15 | automated railroad
grade crossing enforcement system.
| ||||||
16 | (b-1) Commencing on July 20, 2001 (the effective date of | ||||||
17 | Public Act
92-98), the Illinois
Commerce Commission and the | ||||||
18 | Commuter Rail Board may, in cooperation with the
local law | ||||||
19 | enforcement agency, establish in a county with a population of
| ||||||
20 | between 750,000 and 1,000,000 a 2 year pilot program using an | ||||||
21 | automated
railroad grade crossing enforcement system. This | ||||||
22 | pilot program may be
established at a railroad grade crossing | ||||||
23 | designated by local authorities.
No State moneys may be | ||||||
24 | expended on the automated railroad grade crossing
enforcement | ||||||
25 | system established under this pilot program.
| ||||||
26 | (c) For each violation of Section 11-1201 recorded by an | ||||||
27 | automatic
railroad grade crossing system, the local law | ||||||
28 | enforcement agency having
jurisdiction shall issue a written | ||||||
29 | Uniform Traffic Citation of the violation
to the registered | ||||||
30 | owner of the vehicle as the alleged violator. The Uniform
| ||||||
31 | Traffic Citation shall be delivered to the registered owner of | ||||||
32 | the vehicle,
by mail, within 30 days of the violation. The | ||||||
33 | Uniform Traffic Citation shall
include the name and address of | ||||||
34 | vehicle owner, the vehicle registration number,
the offense | ||||||
35 | charged, the time, date, and location of the violation, the | ||||||
36 | first
available court date and that the basis of the citation |
| |||||||
| |||||||
1 | is the photograph or
other recorded image from the automated | ||||||
2 | railroad grade crossing enforcement
system.
| ||||||
3 | (d) The Uniform Traffic Citation issued to the registered | ||||||
4 | owner of the
vehicle shall be accompanied by a written notice, | ||||||
5 | the contents of which is set
forth in subsection (d-1) of this | ||||||
6 | Section, explaining how the registered owner
of the vehicle can | ||||||
7 | elect to proceed by either paying the fine or challenging
the | ||||||
8 | issuance of the Uniform Traffic Citation.
| ||||||
9 | (d-1) The written notice explaining the alleged violator's | ||||||
10 | rights and
obligations must include the following text:
| ||||||
11 | "You have been served with the accompanying Uniform Traffic
| ||||||
12 | Citation and cited with having violated Section 11-1201 of the
| ||||||
13 | Illinois Vehicle Code. You
can elect to proceed by:
| ||||||
14 | 1. Paying the fine; or
| ||||||
15 | 2. Challenging the issuance of the Uniform Traffic
Citation | ||||||
16 | in court; or
| ||||||
17 | 3. If you were not the operator of the vehicle at the time | ||||||
18 | of the alleged
offense, notifying in writing the local
law | ||||||
19 | enforcement agency that issued the
Uniform Traffic | ||||||
20 | Citation of the number of the Uniform Traffic Citation | ||||||
21 | received
and the name and address of the person operating | ||||||
22 | the vehicle at the time of the
alleged offense. If you fail | ||||||
23 | to so notify in writing the local law enforcement
agency of | ||||||
24 | the name and address of the operator of the vehicle at the | ||||||
25 | time of
the alleged offense, you may be presumed to have | ||||||
26 | been the operator of the
vehicle at the time of the alleged | ||||||
27 | offense."
| ||||||
28 | (d-2) If the registered owner of the vehicle was not the | ||||||
29 | operator of the
vehicle at the time of the alleged offense, and | ||||||
30 | if the registered owner
notifies the local law enforcement | ||||||
31 | agency having jurisdiction of the name and
address of the | ||||||
32 | operator of the vehicle at the time of the alleged offense, the
| ||||||
33 | local law enforcement agency having jurisdiction shall then | ||||||
34 | issue a written
Uniform Traffic Citation to the person alleged | ||||||
35 | by the registered owner to have
been the operator of the | ||||||
36 | vehicle at the time of the alleged offense. If the
registered |
| |||||||
| |||||||
1 | owner fails to notify in writing the local law enforcement | ||||||
2 | agency
having jurisdiction of the name and address of the | ||||||
3 | operator of the vehicle at
the time of the alleged offense, the | ||||||
4 | registered owner may be presumed to have
been the operator of | ||||||
5 | the vehicle at the time of the alleged offense.
| ||||||
6 | (e) Evidence.
| ||||||
7 | (i) A certificate alleging that a violation of Section | ||||||
8 | 11-1201
occurred, sworn to or affirmed by a duly authorized | ||||||
9 | agency, based on inspection
of recorded images produced by | ||||||
10 | an automated railroad crossing enforcement
system are | ||||||
11 | evidence of the facts contained in the certificate and are
| ||||||
12 | admissible in any proceeding alleging a violation under | ||||||
13 | this Section.
| ||||||
14 | (ii) Photographs or recorded images made by an | ||||||
15 | automatic railroad
grade crossing enforcement system are | ||||||
16 | confidential and shall be made
available only to the | ||||||
17 | alleged violator and governmental and law
enforcement | ||||||
18 | agencies for purposes of adjudicating a violation of | ||||||
19 | Section
11-1201 of the Illinois Vehicle Code. The | ||||||
20 | photographs may also be made available to governmental | ||||||
21 | agencies for the purpose of a safety analysis of the | ||||||
22 | crossing where the automatic railroad grade crossing | ||||||
23 | enforcement system is installed. However, any photograph | ||||||
24 | or other
recorded image evidencing a violation of Section | ||||||
25 | 11-1201 shall be
admissible in any proceeding resulting | ||||||
26 | from the issuance of
the Uniform Traffic Citation when | ||||||
27 | there is reasonable and sufficient proof of
the accuracy of | ||||||
28 | the camera or electronic instrument recording the image.
| ||||||
29 | There is a rebuttable presumption that the photograph or | ||||||
30 | recorded image is
accurate if the camera or electronic | ||||||
31 | recording instrument
was in good working order at the | ||||||
32 | beginning and the end of the day of the
alleged offense.
| ||||||
33 | (f) Rail crossings equipped with an automatic railroad | ||||||
34 | grade crossing
enforcement system shall be posted with a sign | ||||||
35 | visible to approaching traffic
stating that the railroad grade | ||||||
36 | crossing is being monitored, that citations
will be issued, and |
| |||||||
| |||||||
1 | the amount of the fine for violation.
| ||||||
2 | (g) Except as provided in subsection (b-1), the cost of the | ||||||
3 | installation
and maintenance of each automatic railroad grade | ||||||
4 | crossing enforcement system
shall be paid from the Grade | ||||||
5 | Crossing Protection Fund if the rail line is not
owned by | ||||||
6 | Commuter Rail Board of the Regional Transportation Authority. | ||||||
7 | Except
as provided in subsection (b-1), if the rail line is | ||||||
8 | owned by the Commuter Rail
Board of the Regional Transportation | ||||||
9 | Authority, the costs of the installation
and maintenance shall | ||||||
10 | be paid from the Regional Transportation Authority's
portion of | ||||||
11 | the Public Transportation Fund.
| ||||||
12 | (h) The Illinois Commerce Commission shall issue a report | ||||||
13 | to the General
Assembly at the conclusion of the 5 year pilot | ||||||
14 | program established under
subsection (b) on the effectiveness | ||||||
15 | of the automatic railroad grade crossing
enforcement system.
| ||||||
16 | (i) If any part or parts of this Section are held by a | ||||||
17 | court of competent
jurisdiction to be unconstitutional, the | ||||||
18 | unconstitutionality shall not affect
the validity of the | ||||||
19 | remaining parts of this Section. The General Assembly
hereby | ||||||
20 | declares that it would have passed the remaining parts of this | ||||||
21 | Section
if it had known that the other part or parts of this | ||||||
22 | Section would be declared
unconstitutional.
| ||||||
23 | (j) Penalty.
| ||||||
24 | (i) A violation of this Section is a petty offense for | ||||||
25 | which a fine of
$250 shall be imposed for a first | ||||||
26 | violation, and a fine of $500 shall be
imposed for a second | ||||||
27 | or subsequent violation. The court may impose 25 hours
of | ||||||
28 | community service in place of the $250 fine for the first | ||||||
29 | violation.
| ||||||
30 | (ii) For a second or subsequent violation, the | ||||||
31 | Secretary of State may
suspend the registration of the | ||||||
32 | motor vehicle for a period of at least 6
months.
| ||||||
33 | (Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01; 92-651, | ||||||
34 | eff 7-11-02;
92-814, eff. 1-1-03.)
| ||||||
35 | (625 ILCS 5/11-1201.5 new)
|
| |||||||
| |||||||
1 | Sec. 11-1201.5. Automated railroad crossing enforcement | ||||||
2 | system. | ||||||
3 | (a) For the purposes of this Section, an automated railroad | ||||||
4 | grade crossing
enforcement system is a system operated by a law | ||||||
5 | enforcement agency that
records a driver's response to | ||||||
6 | automatic, electrical, or mechanical signal
devices and | ||||||
7 | crossing gates. The system shall be designed to obtain a clear
| ||||||
8 | photograph or other recorded image of the vehicle, vehicle | ||||||
9 | operator, and the
vehicle registration plate of a vehicle in | ||||||
10 | violation of Section 11-1201 or 11-1425. The
photograph or | ||||||
11 | other recorded image shall also display the time, date, and
| ||||||
12 | location of the violation. | ||||||
13 | (b) The Illinois
Commerce Commission and the Illinois | ||||||
14 | Department of Transportation may, in cooperation with a
local | ||||||
15 | law enforcement agency, establish in any county or municipality | ||||||
16 | an automated
railroad grade crossing enforcement system at any | ||||||
17 | railroad grade crossing designated by local authorities. Local | ||||||
18 | authorities desiring the establishment of an automated | ||||||
19 | railroad crossing enforcement system must initiate the process | ||||||
20 | by enacting a local ordinance requesting the creation of such a | ||||||
21 | system. After the ordinance has been enacted, and before any | ||||||
22 | additional steps toward the establishment of the system are | ||||||
23 | undertaken, the local authorities, the Commission, and the | ||||||
24 | Department must agree to a plan for obtaining, from any | ||||||
25 | combination of federal, State, and local funding sources, the | ||||||
26 | moneys required for the purchase and installation of any | ||||||
27 | necessary equipment.
| ||||||
28 | (c) For each violation of Section 11-1201 or 11-1425 | ||||||
29 | recorded by an automatic
railroad grade crossing system, the | ||||||
30 | local law enforcement agency having
jurisdiction shall issue a | ||||||
31 | written Uniform Traffic Citation of the violation
to the | ||||||
32 | registered owner of the vehicle as the alleged violator. The | ||||||
33 | Uniform
Traffic Citation shall be delivered to the registered | ||||||
34 | owner of the vehicle,
by mail, within 30 days of the violation. | ||||||
35 | The Uniform Traffic Citation shall
include the name and address | ||||||
36 | of vehicle owner, the vehicle registration number,
the offense |
| |||||||
| |||||||
1 | charged, the time, date, and location of the violation, the | ||||||
2 | first
available court date, and that the basis of the citation | ||||||
3 | is the photograph or
other recorded image from the automated | ||||||
4 | railroad grade crossing enforcement
system.
| ||||||
5 | (d) The Uniform Traffic Citation issued to the registered | ||||||
6 | owner of the
vehicle shall be accompanied by a written notice, | ||||||
7 | the contents of which is set
forth in subsection (e) of this | ||||||
8 | Section, explaining how the registered owner
of the vehicle can | ||||||
9 | elect to proceed by either paying the fine or challenging
the | ||||||
10 | issuance of the Uniform Traffic Citation.
| ||||||
11 | (e) The written notice explaining the alleged violator's | ||||||
12 | rights and
obligations must include the following text: | ||||||
13 | "You have been served with the accompanying Uniform Traffic
| ||||||
14 | Citation and cited with having violated Section 11-1201 or | ||||||
15 | 11-1425 of the
Illinois Vehicle Code. You
can elect to proceed | ||||||
16 | by:
| ||||||
17 | 1. Paying the fine; or
| ||||||
18 | 2. Challenging the issuance of the Uniform Traffic
| ||||||
19 | Citation in court; or
| ||||||
20 | 3. If you were not the operator of the vehicle at the | ||||||
21 | time of the alleged
offense, notifying in writing the local
| ||||||
22 | law enforcement agency that issued the
Uniform Traffic | ||||||
23 | Citation of the number of the Uniform Traffic Citation | ||||||
24 | received
and the name and address of the person operating | ||||||
25 | the vehicle at the time of the
alleged offense. If you fail | ||||||
26 | to so notify in writing the local law enforcement
agency of | ||||||
27 | the name and address of the operator of the vehicle at the | ||||||
28 | time of
the alleged offense, you may be presumed to have | ||||||
29 | been the operator of the
vehicle at the time of the alleged | ||||||
30 | offense."
| ||||||
31 | (f) If the registered owner of the vehicle was not the | ||||||
32 | operator of the
vehicle at the time of the alleged offense, and | ||||||
33 | if the registered owner
notifies the local law enforcement | ||||||
34 | agency having jurisdiction of the name and
address of the | ||||||
35 | operator of the vehicle at the time of the alleged offense, the
| ||||||
36 | local law enforcement agency having jurisdiction shall then |
| |||||||
| |||||||
1 | issue a written
Uniform Traffic Citation to the person alleged | ||||||
2 | by the registered owner to have
been the operator of the | ||||||
3 | vehicle at the time of the alleged offense. If the
registered | ||||||
4 | owner fails to notify in writing the local law enforcement | ||||||
5 | agency
having jurisdiction of the name and address of the | ||||||
6 | operator of the vehicle at
the time of the alleged offense, the | ||||||
7 | registered owner may be presumed to have
been the operator of | ||||||
8 | the vehicle at the time of the alleged offense.
| ||||||
9 | (g) Evidence.
| ||||||
10 | (1) A certificate alleging that a violation of Section | ||||||
11 | 11-1201 or 11-1425 occurred, sworn to or affirmed by a duly | ||||||
12 | authorized agency, based on inspection
of recorded images | ||||||
13 | produced by an automated railroad crossing enforcement
| ||||||
14 | system, are evidence of the facts contained in the | ||||||
15 | certificate and are
admissible in any proceeding alleging a | ||||||
16 | violation under this Section.
| ||||||
17 | (2) Photographs or recorded images made by an automatic | ||||||
18 | railroad
grade crossing enforcement system are | ||||||
19 | confidential and shall be made
available only to the | ||||||
20 | alleged violator and governmental and law
enforcement | ||||||
21 | agencies for purposes of adjudicating a violation of | ||||||
22 | Section
11-1201 or 11-1425 of the Illinois Vehicle Code. | ||||||
23 | The photographs may also be made available to governmental | ||||||
24 | agencies for the purpose of a safety analysis of the | ||||||
25 | crossing where the automatic railroad grade crossing | ||||||
26 | enforcement system is installed. However, any photograph | ||||||
27 | or other
recorded image evidencing a violation of Section | ||||||
28 | 11-1201 or 11-1425 shall be
admissible in any proceeding | ||||||
29 | resulting from the issuance of
the Uniform Traffic Citation | ||||||
30 | when there is reasonable and sufficient proof of
the | ||||||
31 | accuracy of the camera or electronic instrument recording | ||||||
32 | the image.
There is a rebuttable presumption that the | ||||||
33 | photograph or recorded image is
accurate if the camera or | ||||||
34 | electronic recording instrument
was in good working order | ||||||
35 | at the beginning and the end of the day of the
alleged | ||||||
36 | offense.
|
| |||||||
| |||||||
1 | (h) Rail crossings equipped with an automatic railroad | ||||||
2 | grade crossing
enforcement system shall be posted with a sign | ||||||
3 | visible to approaching traffic
stating that the railroad grade | ||||||
4 | crossing is being monitored, that citations
will be issued, and | ||||||
5 | the amount of the fine for violation.
| ||||||
6 | (i) A county or municipality, including a home rule county | ||||||
7 | or municipality, may not use an automated railroad crossing | ||||||
8 | enforcement system to provide recorded images of a motor | ||||||
9 | vehicle for the purpose of recording its speed. The regulation | ||||||
10 | of the use of automated railroad crossing enforcement systems | ||||||
11 | to record vehicle speeds is an exclusive power and function of | ||||||
12 | the State. This subsection (i) is a denial and limitation of | ||||||
13 | home rule powers and functions under subsection (h) of Section | ||||||
14 | 6 of Article VII of the Illinois Constitution. | ||||||
15 | (j) If any part or parts of this Section are held by a | ||||||
16 | court of competent
jurisdiction to be unconstitutional, the | ||||||
17 | unconstitutionality shall not affect
the validity of the | ||||||
18 | remaining parts of this Section. The General Assembly
hereby | ||||||
19 | declares that it would have passed the remaining parts of this | ||||||
20 | Section
if it had known that the other part or parts of this | ||||||
21 | Section would be declared
unconstitutional.
| ||||||
22 | (k) Penalty.
| ||||||
23 | (1) A violation of this Section is a petty offense for | ||||||
24 | which a fine of
$250 shall be imposed for a first | ||||||
25 | violation, and a fine of $500 shall be
imposed for a second | ||||||
26 | or subsequent violation. The court may impose 25 hours
of | ||||||
27 | community service in place of the $250 fine for the first | ||||||
28 | violation.
| ||||||
29 | (2) For a second or subsequent violation, the Secretary | ||||||
30 | of State may
suspend the registration of the motor vehicle | ||||||
31 | for a period of at least 6
months.
|