Full Text of HB5712 96th General Assembly
HB5712 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5712
Introduced 2/9/2010, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/1-167 |
from Ch. 95 1/2, par. 1-167 |
625 ILCS 5/1-167.5 new |
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625 ILCS 5/1-187.001 |
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625 ILCS 5/6-514 |
from Ch. 95 1/2, par. 6-514 |
625 ILCS 5/11-1011 |
from Ch. 95 1/2, par. 11-1011 |
625 ILCS 5/11-1201 |
from Ch. 95 1/2, par. 11-1201 |
625 ILCS 5/11-1202 |
from Ch. 95 1/2, par. 11-1202 |
625 ILCS 5/11-1203 |
from Ch. 95 1/2, par. 11-1203 |
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Amends the Illinois Vehicle. Defines "railroad track equipment" as all vehicles operated upon rails for the purpose of the maintenance of railroads including, but not limited to, all hi-rail vehicles and on-track roadway maintenance machines. In provisions of the Illinois Vehicle Code concerning approaching trains, provides that approaching railroad track equipment shall be treated the same approaching trains.
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A BILL FOR
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HB5712 |
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LRB096 20246 AJT 35829 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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:
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| (625 ILCS 5/1-167) (from Ch. 95 1/2, par. 1-167)
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| Sec. 1-167. Railroad sign or signal. Any sign, signal
or | 9 |
| device, other than an official traffic control signal or
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| 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 .
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| (Source: P.A. 83-831.)
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| (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.
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| (625 ILCS 5/1-187.001)
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| Sec. 1-187.001. Serious traffic violation.
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| (a) A conviction when operating a motor vehicle for:
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| (1) a violation of subsection (a) of Section 11-402, | 3 |
| relating to a motor
vehicle
accident involving damage to a | 4 |
| vehicle;
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| (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;
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| (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;
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| (4) a violation of Section 6-101 relating to operating | 13 |
| a motor vehicle
without a
valid license or permit;
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| (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;
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| (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;
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| (7) a violation relating to reckless driving;
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| (8) a violation of subsection (d) of Section 11-707, | 22 |
| relating to passing
in a no-passing zone;
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| (9) a violation of subsection (b) of Section 11-1402, | 24 |
| relating to
limitations on backing
upon a controlled access | 25 |
| highway;
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| (10) a violation of subsection (b) of Section 11-707, |
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| relating to driving
on the left
side of a roadway in a | 2 |
| no-passing zone;
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| (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;
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| (12) a violation of Section 11-1008, relating to | 7 |
| failure to yield to a
pedestrian on a sidewalk; or
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| (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
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| (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.
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| (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.
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| (Source: P.A. 90-369, eff. 1-1-98.)
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| (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
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| Sec. 6-514. Commercial Driver's License (CDL) - | 22 |
| Disqualifications.
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| (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:
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| (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
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| (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
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| 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
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| as indicated by a police officer's sworn report or other | 26 |
| verified evidence while holding a commercial driver's |
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| license; or
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| (3) Conviction for a first violation of:
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| (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
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| (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
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| (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 |
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| 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.
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| 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.
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| (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.
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| (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
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| 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.
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| (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
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| 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.
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| (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
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| 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.
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| (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 |
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| 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.
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| (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.
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| (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
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| from another jurisdiction, the Secretary shall originate | 18 |
| notification to
such issuing jurisdiction within 10 days.
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| (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.
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| (i) A person is disqualified from driving a commercial | 24 |
| motor vehicle in
accordance with the following:
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| (1) For 6 months upon a first conviction of paragraph | 26 |
| (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
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| of this Code.
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| (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).
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| (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).
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| (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.
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| (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).
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| (6) For 5 years upon a third or subsequent conviction | 26 |
| of paragraph (3) of
subsection (b) or subsection (b-5) or |
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| 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).
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| (j) Disqualification for railroad-highway grade crossing
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| violation.
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| (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:
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| (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;
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| (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;
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| (iii) For drivers who are always required to stop, | 26 |
| failing to stop
before driving onto the crossing, as |
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| described in Section 11-1202 of this Code;
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| (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;
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| (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;
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| (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.
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| (2) Duration of disqualification for railroad-highway | 15 |
| grade
crossing violation.
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| (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).
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| (ii) Second violation. A driver must be | 24 |
| disqualified from operating a
commercial
motor vehicle
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| for not less
than 120 days if the driver is convicted
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| of a violation described in paragraph (1) of this |
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| 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
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| incident.
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| (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.
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| (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.
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| (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
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| (625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
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| Sec. 11-1011. Bridge and railroad signals.
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| (a) No pedestrian
shall enter or remain
upon any bridge or |
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| approach thereto beyond the bridge signal, gate, or
barrier | 2 |
| after a bridge operation signal indication has been given.
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| (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.
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| (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 .
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| (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.
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| (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 .
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| (Source: P.A. 92-814, eff. 1-1-03.)
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| (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
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| Sec. 11-1201. Obedience to signal indicating approach of |
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| train or railroad track equipment .
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| (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:
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| 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 ;
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| 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 ;
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| 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;
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| 4. An approaching railroad train or railroad track | 23 |
| equipment is plainly visible and is in hazardous
proximity | 24 |
| to such crossing;
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| 5. A railroad train or railroad track equipment is | 26 |
| approaching so closely that an immediate hazard
is created.
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| (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 .
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| (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.
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| (c) The Department, and local authorities with the
approval | 15 |
| of the Department, are hereby authorized to designate
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| particularly dangerous highway grade crossings of railroads
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| 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.
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| (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 |
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| 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 |
|
|
|
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LRB096 20246 AJT 35829 b |
|
| 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 |
|
|
|
HB5712 |
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LRB096 20246 AJT 35829 b |
|
| 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 |
|
|
|
HB5712 |
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LRB096 20246 AJT 35829 b |
|
| 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 |
|
|
|
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LRB096 20246 AJT 35829 b |
|
| 1 |
| the immediate
approach of a railroad train , railroad track | 2 |
| equipment, or car.
| 3 |
| (Source: P.A. 76-2172.)
|
|