State of Illinois
91st General Assembly
Legislation

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91_HB4066

 
                                               LRB9112245DHmb

 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 11-1201.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Section 11-1201 as follows:

 7        (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
 8        Sec. 11-1201.  Obedience to signal indicating approach of
 9    train.
10        (a)  Whenever any person driving a vehicle  approaches  a
11    railroad  grade  crossing, that such person must exercise due
12    care and caution as the existence of a railroad track  across
13    a  highway  is  a  warning  of  danger,  and under any of the
14    circumstances stated in this Section, the driver  shall  stop
15    within  50  feet  but  not less than 15 feet from the nearest
16    rail of the railroad and shall not proceed until he can do so
17    safely.  The foregoing requirements shall apply when:
18             1.  A clearly visible electric or mechanical  signal
19        device  gives  warning  of  the  immediate  approach of a
20        railroad train;
21             2.  A crossing gate is lowered or  a  human  flagman
22        gives  or  continues  to give a signal of the approach or
23        passage of a railroad train;
24             3.  A railroad train approaching a highway  crossing
25        emits a warning signal and such railroad train, by reason
26        of  its  speed  or  nearness  to  such  crossing,  is  an
27        immediate hazard;
28             4.  An approaching railroad train is plainly visible
29        and is in hazardous proximity to such crossing.
30             5.  A  railroad train is approaching so closely that
31        an immediate hazard is created.



 
                            -2-                LRB9112245DHmb
 1        (b)  No person shall drive any vehicle through, around or
 2    under any crossing gate or barrier  at  a  railroad  crossing
 3    while  such  gate  or barrier is closed or is being opened or
 4    closed.
 5        (c)  The  Department,  and  local  authorities  with  the
 6    approval  of  the  Department,  are  hereby   authorized   to
 7    designate  particularly  dangerous highway grade crossings of
 8    railroads and to erect stop signs thereat.   When  such  stop
 9    signs are erected the driver of any vehicle shall stop within
10    50  feet  but  not less than 15 feet from the nearest rail of
11    such railroad and shall  proceed  only  upon  exercising  due
12    care.
13        (d)  At   any   railroad  grade  crossing  provided  with
14    railroad crossbuck signs,  without  automatic,  electric,  or
15    mechanical signal devices, crossing gates, or a human flagman
16    giving  a  signal  of the approach or passage of a train, the
17    driver of a  vehicle  shall  in  obedience  to  the  railroad
18    crossbuck  sign,  yield  the  right-of-way and slow down to a
19    speed reasonable for the existing conditions and shall  stop,
20    if  required for safety, at a clearly marked stopped line, or
21    if no stop line, within 50 feet but not  less  than  15  feet
22    from  the  nearest rail of the railroad and shall not proceed
23    until he or she can do so safely.  If a driver is involved in
24    a collision at a railroad crossing  or  interferes  with  the
25    movement of a train after driving past the railroad crossbuck
26    sign,  the  collision or interference is prima facie evidence
27    of the driver's failure to yield right-of-way.
28        (e)  A violation of any part of this Section shall result
29    in a mandatory fine of $500 or 50 hours of community service.
30        (f)  Local authorities shall impose fines as  established
31    in  subsection  (e)  for  vehicles  that fail to obey signals
32    indicating the presence, approach, passage, or departure of a
33    train.
34    (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)

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