Public Act 094-0519
HB1387 Enrolled LRB094 03531 DRH 33534 b

    AN ACT concerning transportation
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-1202, 18b-105, and 18b-107 and by adding Section
12-815.2 as follows:
    (625 ILCS 5/11-1202)  (from Ch. 95 1/2, par. 11-1202)
    Sec. 11-1202. Certain vehicles must stop at all railroad
grade crossings.
    (a) The driver of any of the following vehicles shall,
before crossing a railroad track or tracks at grade, stop such
vehicle within 50 feet but not less than 15 feet from the
nearest rail and, while so stopped, shall listen and look for
the approach of a train and shall not proceed until such
movement can be made with safety:
        1. Any second division vehicle carrying passengers for
        2. Any bus that meets all of the special requirements
    for school buses in Sections 12-801, 12-803, and 12-805 of
    this Code. The driver of the bus, in addition to complying
    with all other applicable requirements of this subsection
    (a), must also turn off all noise producing accessories,
    including heater blowers, defroster fans, auxiliary fans,
    and radios, before crossing a railroad track or tracks;
        3. Any other vehicle which is required by Federal or
    State law to be placarded when carrying as a cargo or part
    of a cargo hazardous material as defined in the "Illinois
    Hazardous Materials Transportation Act".
    After stopping as required in this Section, the driver
shall proceed only in a gear not requiring a change of gears
during the crossing, and the driver shall not shift gears while
crossing the track or tracks.
    (b) This Section shall not apply:
        1. At any railroad grade crossing where traffic is
    controlled by a police officer or flagperson;
        2. At any railroad grade crossing controlled by a
    functioning traffic-control signal transmitting a green
    indication which, under law, permits the vehicle to proceed
    across the railroad tracks without slowing or stopping,
    except that subsection (a) shall apply to any school bus;
        3. At any streetcar grade crossing within a business or
    residence district; or
        4. At any abandoned, industrial or spur track railroad
    grade crossing designated as exempt by the Illinois
    Commerce Commission and marked with an official sign as
    authorized in the State Manual on Uniform Traffic Control
    Devices for Streets and Highways.
(Source: P.A. 89-658, eff. 1-1-97.)
    (625 ILCS 5/12-815.2 new)
    Sec. 12-815.2. Noise suppression switch. Any school bus
manufactured on or after January 1, 2006 must be equipped with
a noise suppression switch capable of turning off noise
producing accessories, including: heater blowers; defroster
fans; auxiliary fans; and radios.
    (625 ILCS 5/18b-105)  (from Ch. 95 1/2, par. 18b-105)
    Sec. 18b-105. Rules and Regulations.
    (a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with law
necessary to carry out the provisions of this Chapter.
    (b) The following parts of Title 49 of the Code of Federal
Regulations, as now in effect, are hereby adopted by reference
as though they were set out in full:
    Part 40 - Procedures For Transportation Workplace Drug and
Alcohol Testing Programs;
    Part 380 - Special Training Requirements;
    Part 382 - Controlled Substances and Alcohol Use and
    Part 383 - Commercial Driver's License Standards,
Requirements, and Penalties;
    Part 385 - Safety Fitness Procedures;
    Part 386 Appendix B - Penalty Schedule; Violations and
Maximum Monetary Penalties;
    Part 387 - Minimum Levels of Financial Responsibility for
Motor Carriers;
    Part 390 - Federal Motor Carrier Safety Regulations:
    Part 391 - Qualifications of Drivers;
    Part 392 - Driving of Motor Vehicles;
    Part 393 - Parts and Accessories Necessary for Safe
    Part 395 - Hours of Service of Drivers, except as provided
in Section 18b-106.1; and
    Part 396 - Inspection, Repair and Maintenance; and
    Part 397 - Transportation of hazardous materials; Driving
and Parking Rules.
    (b-5) Individuals who meet the requirements set forth in
the definition of "medical examiner" in Section 390.5 of Part
390 of Title 49 of the Code of Federal Regulations may act as
medical examiners in accordance with Part 391 of Title 49 of
the Code of Federal Regulations.
    (c) The following parts and Sections of the Federal Motor
Carrier Safety Regulations shall not apply to those intrastate
carriers, drivers or vehicles subject to subsection (b).
        (1) Section 393.93 of Part 393 for those vehicles
    manufactured before June 30, 1972.
        (2) Section 393.86 of Part 393 for those vehicles which
    are registered as farm trucks under subsection (c) of
    Section 3-815 of this Code.
        (3) (Blank).
        (4) (Blank).
        (5) Paragraph (b)(1) of Section 391.11 of Part 391.
        (6) All of Part 395 for all agricultural movements as
    defined in Chapter 1, between the period of February 1
    through November 30 each year, and all farm to market
    agricultural transportation as defined in Chapter 1 and for
    grain hauling operations within a radius of 200 air miles
    of the normal work reporting location.
        (7) Paragraphs (b)(3) (insulin dependent diabetic) and
    (b)(10) (minimum visual acuity) of Section 391.41 of part
    391, but only for any driver who immediately prior to July
    29, 1986 was eligible and licensed to operate a motor
    vehicle subject to this Section and was engaged in
    operating such vehicles, and who was disqualified on July
    29, 1986 by the adoption of Part 391 by reason of the
    application of paragraphs (b)(3) and (b)(10) of Section
    391.41 with respect to a physical condition existing at
    that time unless such driver has a record of accidents
    which would indicate a lack of ability to operate a motor
    vehicle in a safe manner.
    (d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established under
paragraph (1) of Section 395.8; provided, however, for the
purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
    (e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical in
substance to the Federal Motor Carrier Safety Regulations of
the United States Department of Transportation and adopted in
accordance with the procedures for rulemaking in Section 5-35
of the Illinois Administrative Procedure Act.
(Source: P.A. 91-179, eff. 1-1-00; 92-108; eff. 1-1-02; 92-249;
eff. 1-1-02; 92-651, eff. 7-11-02; 92-703, eff. 7-19-02;
revised 7-30-02.)
    (625 ILCS 5/18b-107)  (from Ch. 95 1/2, par. 18b-107)
    Sec. 18b-107. Violations - Civil penalties. Except as
provided in Section 18b-108, any person who is determined by
the Department after reasonable notice and opportunity for a
fair and impartial hearing to have committed an act in
violation of this Chapter or any rule or regulation issued
under this Chapter is liable to the State for a civil penalty.
Such person is subject to a civil penalty as prescribed by
Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations
and Maximum Monetary Penalties of not more than $5,000 for such
violation, except that a person committing a railroad-highway
grade crossing violation is subject to a civil penalty of not
more than $10,000, and, if any such violation is a continuing
one, each day of violation constitutes a separate offense. The
amount of any such penalty shall be assessed by the Department
by a written notice. In determining the amount of such penalty,
the Department shall take into account the nature,
circumstances, extent and gravity of the violation and, with
respect to a person found to have committed such violation, the
degree of culpability, history or prior offenses, ability to
pay, effect on ability to continue to do business and such
other matters as justice may require.
    Such civil penalty is recoverable in an action brought by
the State's Attorney or the Attorney General on behalf of the
State in the circuit court or, prior to referral to the State's
Attorney or the Attorney General, such civil penalty may be
compromised by the Department. The amount of such penalty when
finally determined (or agreed upon in compromise), may be
deducted from any sums owed by the State to the person charged.
All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 92-249, eff. 1-1-02.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2005