State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB0218eng

      625 ILCS 5/18c-1204       from Ch. 95 1/2, par. 18c-1204
          Amends the Illinois Vehicle  Code  to  make  a  technical
      change  to a provision concerning the Transportation Division
      of the Commerce Commission.  Effective July 1, 1997.
                                                     LRB9001013NTsb
HB0218 Engrossed                               LRB9001013NTsb
 1        AN ACT concerning railroads, amending a named Act.
 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
 5    changing Sections 11-205 and 18c-7403 as follows:
 6        (625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
 7        Sec. 11-205.   Public  officers  and  employees  to  obey
 8    Act-Exceptions.
 9        (a)  The  provisions  of  this  Chapter applicable to the
10    drivers of vehicles upon the  highways  shall  apply  to  the
11    drivers  of  all  vehicles  owned  or  operated by the United
12    States, this State or any county, city, town, district or any
13    other political subdivision of the State, except as  provided
14    in  this  Section  and subject to such specific exceptions as
15    set forth  in  this  Chapter  with  reference  to  authorized
16    emergency vehicles.
17        (b)  The  driver of an authorized emergency vehicle, when
18    responding to an emergency call or when in the pursuit of  an
19    actual or suspected violator of the law or when responding to
20    but  not  upon  returning from a fire alarm, may exercise the
21    privileges set forth in this  Section,  but  subject  to  the
22    conditions herein stated.
23        (c)  The driver of an authorized emergency vehicle may:
24             1.  Park or stand, irrespective of the provisions of
25        this Chapter;
26             2.  Proceed  past a red or stop signal or stop sign,
27        but only after  slowing  down  as  may  be  required  and
28        necessary for safe operation;
29             3.  Exceed  the  maximum  speed limits so long as he
30        does not endanger life or property;
31             4.  Disregard  regulations  governing  direction  of
HB0218 Engrossed            -2-                LRB9001013NTsb
 1        movement or turning in specified directions.;
 2             5.  Proceed past a rail crossing, when responding to
 3        an emergency call, but only after slowing down as may  be
 4        necessary for safe operations.
 5        (d)  The  exceptions  herein  granted  to  an  authorized
 6    emergency  vehicle,  other than a police vehicle, shall apply
 7    only when the vehicle is making  use  of  either  an  audible
 8    signal   when   in  motion  or  visual  signals  meeting  the
 9    requirements of Section 12-215 of this Act.
10        (e)  The foregoing provisions do not relieve  the  driver
11    of  an  authorized emergency vehicle from the duty of driving
12    with due regard for the safety of all persons,  nor  do  such
13    provisions  protect  the  driver from the consequences of his
14    reckless disregard for the safety of others.
15        (f)  Unless specifically made applicable, the  provisions
16    of this Chapter, except those contained in Section 11-204 and
17    Articles  IV  and  V  of  this  Chapter,  shall  not apply to
18    persons, motor vehicles and equipment while actually  engaged
19    in  work  upon  a highway but shall apply to such persons and
20    vehicles when traveling to or from such work.
21    (Source: P.A. 89-710, eff. 2-14-97.)
22        (625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
23        Sec.  18c-7403.   Enforcement  and   Waiver   of   Safety
24    Requirements.  (1)  Enforcement.  Except with regard to grade
25    crossing obstructions under Section 18c-7402 of this  Chapter
26    and  trespass  on  railroad  rights  of  way  and yards under
27    Section 18c-7503 of this Chapter,  jurisdiction  to  initiate
28    actions  to  enforce  provisions  of  this  Chapter is vested
29    exclusively  in  the  Commission.   Where  a  valid   federal
30    statute,  regulation,  or  order  sets  forth  procedures  or
31    sanctions   for  violation  of  safety  standards,  and  such
32    procedures or sanctions are  preemptive  of  state  law,  the
33    Commission  shall exercise its enforcement jurisdiction under
HB0218 Engrossed            -3-                LRB9001013NTsb
 1    this  Article  in  accordance  therewith.    Otherwise,   the
 2    provisions  of  this Chapter regarding enforcement procedures
 3    and sanctions shall apply.
 4        (2)  Waiver. The Commission may waive any of  the  safety
 5    requirements under this Article if continued adherence to the
 6    requirement or requirements is not required for the safety of
 7    railroad employees or the public.
 8    (Source: P.A. 84-796.)
 9        (625 ILCS 5/18c-7203 rep.)
10        (625 ILCS 5/18c-7301 rep.)
11        (625 ILCS 5/18c-7302 rep.)
12        Section  10.  The  Illinois  Vehicle  Code  is amended by
13    repealing Sections 18c-7203, 18c-7301, and 18c-7302.
14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.

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