Illinois General Assembly - Full Text of Public Act 096-1244
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Public Act 096-1244


 

Public Act 1244 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1244
 
HB5712 EnrolledLRB096 20246 AJT 35829 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 1-167, 1-187.001, 6-514, 11-1011, 11-1201, 11-1202,
and 11-1203 and by adding Section 1-167.5 as follows:
 
    (625 ILCS 5/1-167)  (from Ch. 95 1/2, par. 1-167)
    Sec. 1-167. Railroad sign or signal. Any sign, signal or
device, other than an official traffic control signal or
device, erected in accordance with the laws governing same and
intended to give notice of the presence of railroad tracks or
the approach of a railroad train or railroad track equipment.
(Source: P.A. 83-831.)
 
    (625 ILCS 5/1-167.5 new)
    Sec. 1-167.5. Railroad track equipment. 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, as defined in 49
CFR, Part 214.7.
 
    (625 ILCS 5/1-187.001)
    Sec. 1-187.001. Serious traffic violation.
    (a) A conviction when operating a motor vehicle for:
        (1) a violation of subsection (a) of Section 11-402,
    relating to a motor vehicle accident involving damage to a
    vehicle;
        (2) a violation of Section 11-403, relating to failure
    to stop and exchange information after a motor vehicle
    collision, property damage only;
        (3) a violation of subsection (a) of Section 11-502,
    relating to illegal transportation, possession, or
    carrying of alcoholic liquor within the passenger area of
    any vehicle;
        (4) a violation of Section 6-101 relating to operating
    a motor vehicle without a valid license or permit;
        (5) a violation of Section 11-403, relating to failure
    to stop and exchange information or give aid after a motor
    vehicle collision involving personal injury or death;
        (6) a violation relating to excessive speeding,
    involving a single speeding charge of 30 miles per hour or
    more above the legal speed limit;
        (7) a violation relating to reckless driving;
        (8) a violation of subsection (d) of Section 11-707,
    relating to passing in a no-passing zone;
        (9) a violation of subsection (b) of Section 11-1402,
    relating to limitations on backing upon a controlled access
    highway;
        (10) a violation of subsection (b) of Section 11-707,
    relating to driving on the left side of a roadway in a
    no-passing zone;
        (11) a violation of subsection (e) of Section 11-1002,
    relating to failure to yield the right-of-way to a
    pedestrian at an intersection;
        (12) a violation of Section 11-1008, relating to
    failure to yield to a pedestrian on a sidewalk; or
        (13) a violation of Section 11-1201, relating to
    failure to stop for an approaching railroad train or
    railroad track equipment or signals; or
    (b) Any other similar violation of a law or local ordinance
of any state relating to motor vehicle traffic control, other
than a parking violation.
    (c) A violation of any of these defined serious traffic
offenses shall not preclude the defendant from being eligible
to receive an order of court supervision under Section 5-6-1 of
the Unified Code of Corrections.
(Source: P.A. 90-369, eff. 1-1-98.)
 
    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
    Sec. 6-514. Commercial Driver's License (CDL) -
Disqualifications.
    (a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
        (1) Refusing to submit to or failure to complete a test
    or tests to determine the driver's blood concentration of
    alcohol, other drug, or both, while driving a commercial
    motor vehicle or, if the driver is a CDL holder, while
    driving a non-CMV; or
        (2) Operating a commercial motor vehicle while the
    alcohol concentration of the person's blood, breath or
    urine is at least 0.04, or any amount of a drug, substance,
    or compound in the person's blood or urine resulting from
    the unlawful use or consumption of cannabis listed in the
    Cannabis Control Act, a controlled substance listed in the
    Illinois Controlled Substances Act, or methamphetamine as
    listed in the Methamphetamine Control and Community
    Protection Act as indicated by a police officer's sworn
    report or other verified evidence; or operating a
    non-commercial motor vehicle while the alcohol
    concentration of the person's blood, breath, or urine was
    above the legal limit defined in Section 11-501.1 or
    11-501.8 or any amount of a drug, substance, or compound in
    the person's blood or urine resulting from the unlawful use
    or consumption of cannabis listed in the Cannabis Control
    Act, a controlled substance listed in the Illinois
    Controlled Substances Act, or methamphetamine as listed in
    the Methamphetamine Control and Community Protection Act
    as indicated by a police officer's sworn report or other
    verified evidence while holding a commercial driver's
    license; or
        (3) Conviction for a first violation of:
            (i) Driving a commercial motor vehicle or, if the
        driver is a CDL holder, driving a non-CMV while under
        the influence of alcohol, or any other drug, or
        combination of drugs to a degree which renders such
        person incapable of safely driving; or
            (ii) Knowingly and wilfully leaving the scene of an
        accident while operating a commercial motor vehicle
        or, if the driver is a CDL holder, while driving a
        non-CMV; or
            (iii) Driving a commercial motor vehicle or, if the
        driver is a CDL holder, driving a non-CMV while
        committing any felony; or
            (iv) Driving a commercial motor vehicle while the
        person's driving privileges or driver's license or
        permit is revoked, suspended, or cancelled or the
        driver is disqualified from operating a commercial
        motor vehicle; or
            (v) Causing a fatality through the negligent
        operation of a commercial motor vehicle, including but
        not limited to the crimes of motor vehicle
        manslaughter, homicide by a motor vehicle, and
        negligent homicide.
            As used in this subdivision (a)(3)(v), "motor
        vehicle manslaughter" means the offense of involuntary
        manslaughter if committed by means of a vehicle;
        "homicide by a motor vehicle" means the offense of
        first degree murder or second degree murder, if either
        offense is committed by means of a vehicle; and
        "negligent homicide" means reckless homicide under
        Section 9-3 of the Criminal Code of 1961 and aggravated
        driving under the influence of alcohol, other drug or
        drugs, intoxicating compound or compounds, or any
        combination thereof under subdivision (d)(1)(F) of
        Section 11-501 of this Code.
        If any of the above violations or refusals occurred
    while transporting hazardous material(s) required to be
    placarded, the person shall be disqualified for a period of
    not less than 3 years.
    (b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
    (c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CDL holder, uses a non-CMV in the
commission of a felony involving any of those activities.
    (d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or
she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
    (e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, arising from separate incidents,
occurring within a 3 year period. However, a person will be
disqualified from driving a commercial motor vehicle for a
period of not less than 4 months if convicted of 3 serious
traffic violations, committed in a commercial motor vehicle,
arising from separate incidents, occurring within a 3 year
period.
    (e-1) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations committed in a
non-CMV while holding a CDL, arising from separate incidents,
occurring within a 3 year period, if the convictions would
result in the suspension or revocation of the CDL holder's
non-CMV privileges. A person shall be disqualified from driving
a commercial motor vehicle for a period of not less than 4
months, however, if he or she is convicted of 3 or more serious
traffic violations committed in a non-CMV while holding a CDL,
arising from separate incidents, occurring within a 3 year
period, if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
    (f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
    (g) After suspending, revoking, or cancelling a commercial
driver's license, the Secretary of State must update the
driver's records to reflect such action within 10 days. After
suspending or revoking the driving privilege of any person who
has been issued a CDL or commercial driver instruction permit
from another jurisdiction, the Secretary shall originate
notification to such issuing jurisdiction within 10 days.
    (h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
    (i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
        (1) For 6 months upon a first conviction of paragraph
    (2) of subsection (b) or subsection (b-3) of Section 6-507
    of this Code.
        (2) For 2 years upon a second conviction of paragraph
    (2) of subsection (b) or subsection (b-3) or any
    combination of paragraphs (2) or (3) of subsection (b) or
    subsections (b-3) or (b-5) of Section 6-507 of this Code
    within a 10-year period if the second conviction is a
    violation of paragraph (2) of subsection (b) or subsection
    (b-3).
        (3) For 3 years upon a third or subsequent conviction
    of paragraph (2) of subsection (b) or subsection (b-3) or
    any combination of paragraphs (2) or (3) of subsection (b)
    or subsections (b-3) or (b-5) of Section 6-507 of this Code
    within a 10-year period if the third or subsequent
    conviction is a violation of paragraph (2) of subsection
    (b) or subsection (b-3).
        (4) For one year upon a first conviction of paragraph
    (3) of subsection (b) or subsection (b-5) of Section 6-507
    of this Code.
        (5) For 3 years upon a second conviction of paragraph
    (3) of subsection (b) or subsection (b-5) or any
    combination of paragraphs (2) or (3) of subsection (b) or
    subsections (b-3) or (b-5) of Section 6-507 of this Code
    within a 10-year period if the second conviction is a
    violation of paragraph (3) of subsection (b) or (b-5).
        (6) For 5 years upon a third or subsequent conviction
    of paragraph (3) of subsection (b) or subsection (b-5) or
    any combination of paragraphs (2) or (3) of subsection (b)
    or subsections (b-3) or (b-5) of Section 6-507 of this Code
    within a 10-year period if the third or subsequent
    conviction is a violation of paragraph (3) of subsection
    (b) or (b-5).
    (j) Disqualification for railroad-highway grade crossing
violation.
        (1) General rule. A driver who is convicted of a
    violation of a federal, State, or local law or regulation
    pertaining to one of the following 6 offenses at a
    railroad-highway grade crossing must be disqualified from
    operating a commercial motor vehicle for the period of time
    specified in paragraph (2) of this subsection (j) if the
    offense was committed while operating a commercial motor
    vehicle:
            (i) For drivers who are not required to always
        stop, failing to slow down and check that the tracks
        are clear of an approaching train or railroad track
        equipment, as described in subsection (a-5) of Section
        11-1201 of this Code;
            (ii) For drivers who are not required to always
        stop, failing to stop before reaching the crossing, if
        the tracks are not clear, as described in subsection
        (a) of Section 11-1201 of this Code;
            (iii) For drivers who are always required to stop,
        failing to stop before driving onto the crossing, as
        described in Section 11-1202 of this Code;
            (iv) For all drivers, failing to have sufficient
        space to drive completely through the crossing without
        stopping, as described in subsection (b) of Section
        11-1425 of this Code;
            (v) For all drivers, failing to obey a traffic
        control device or the directions of an enforcement
        official at the crossing, as described in subdivision
        (a)2 of Section 11-1201 of this Code;
            (vi) For all drivers, failing to negotiate a
        crossing because of insufficient undercarriage
        clearance, as described in subsection (d-1) of Section
        11-1201 of this Code.
        (2) Duration of disqualification for railroad-highway
    grade crossing violation.
            (i) First violation. A driver must be disqualified
        from operating a commercial motor vehicle for not less
        than 60 days if the driver is convicted of a violation
        described in paragraph (1) of this subsection (j) and,
        in the three-year period preceding the conviction, the
        driver had no convictions for a violation described in
        paragraph (1) of this subsection (j).
            (ii) Second violation. A driver must be
        disqualified from operating a commercial motor vehicle
        for not less than 120 days if the driver is convicted
        of a violation described in paragraph (1) of this
        subsection (j) and, in the three-year period preceding
        the conviction, the driver had one other conviction for
        a violation described in paragraph (1) of this
        subsection (j) that was committed in a separate
        incident.
            (iii) Third or subsequent violation. A driver must
        be disqualified from operating a commercial motor
        vehicle for not less than one year if the driver is
        convicted of a violation described in paragraph (1) of
        this subsection (j) and, in the three-year period
        preceding the conviction, the driver had 2 or more
        other convictions for violations described in
        paragraph (1) of this subsection (j) that were
        committed in separate incidents.
    (k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
 
    (625 ILCS 5/11-1011)  (from Ch. 95 1/2, par. 11-1011)
    Sec. 11-1011. Bridge and railroad signals.
    (a) No pedestrian shall enter or remain upon any bridge or
approach thereto beyond the bridge signal, gate, or barrier
after a bridge operation signal indication has been given.
    (b) No pedestrian shall pass through, around, over, or
under any crossing gate or barrier at a railroad grade crossing
or bridge while such gate or barrier is closed or is being
opened or closed.
    (c) No pedestrian shall enter, remain upon or traverse over
a railroad grade crossing or pedestrian walkway crossing a
railroad track when an audible bell or clearly visible electric
or mechanical signal device is operational giving warning of
the presence, approach, passage, or departure of a railroad
train or railroad track equipment.
    (d) A violation of any part of this Section is a petty
offense for which a $250 fine shall be imposed for a first
violation, and a $500 fine shall be imposed for a second or
subsequent violation. The court may impose 25 hours of
community service in place of the $250 fine for a first
violation.
    (e) Local authorities shall impose fines as established in
subsection (d) for pedestrians who fail to obey signals
indicating the presence, approach, passage, or departure of a
train or railroad track equipment.
(Source: P.A. 92-814, eff. 1-1-03.)
 
    (625 ILCS 5/11-1201)  (from Ch. 95 1/2, par. 11-1201)
    Sec. 11-1201. Obedience to signal indicating approach of
train or railroad track equipment.
    (a) Whenever any person driving a vehicle approaches a
railroad grade crossing where the driver is not always required
to stop, the person must exercise due care and caution as the
existence of a railroad track across a highway is a warning of
danger, and under any of the circumstances stated in this
Section, the driver shall stop within 50 feet but not less than
15 feet from the nearest rail of the railroad and shall not
proceed until the tracks are clear and he or she can do so
safely. The foregoing requirements shall apply when:
        1. A clearly visible electric or mechanical signal
    device gives warning of the immediate approach of a
    railroad train or railroad track equipment;
        2. A crossing gate is lowered or a human flagman gives
    or continues to give a signal of the approach or passage of
    a railroad train or railroad track equipment;
        3. A railroad train or railroad track equipment
    approaching a highway crossing emits a warning signal and
    such railroad train or railroad track equipment, by reason
    of its speed or nearness to such crossing, is an immediate
    hazard;
        4. An approaching railroad train or railroad track
    equipment is plainly visible and is in hazardous proximity
    to such crossing;
        5. A railroad train or railroad track equipment is
    approaching so closely that an immediate hazard is created.
    (a-5) Whenever a person driving a vehicle approaches a
railroad grade crossing where the driver is not always required
to stop but must slow down, the person must exercise due care
and caution as the existence of a railroad track across a
highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall slow
down within 50 feet but not less than 15 feet from the nearest
rail of the railroad and shall not proceed until he or she
checks that the tracks are clear of an approaching train or
railroad track equipment.
    (b) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
    (c) The Department, and local authorities with the approval
of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs are
erected the driver of any vehicle shall stop within 50 feet but
not less than 15 feet from the nearest rail of such railroad
and shall proceed only upon exercising due care.
    (d) At any railroad grade crossing provided with railroad
crossbuck signs, without automatic, electric, or mechanical
signal devices, crossing gates, or a human flagman giving a
signal of the approach or passage of a train or railroad track
equipment, the driver of a vehicle shall in obedience to the
railroad crossbuck sign, yield the right-of-way and slow down
to a speed reasonable for the existing conditions and shall
stop, if required for safety, at a clearly marked stopped line,
or if no stop line, within 50 feet but not less than 15 feet
from the nearest rail of the railroad and shall not proceed
until he or she can do so safely. If a driver is involved in a
collision at a railroad crossing or interferes with the
movement of a train or railroad track equipment after driving
past the railroad crossbuck sign, the collision or interference
is prima facie evidence of the driver's failure to yield
right-of-way.
    (d-1) No person shall, while driving a commercial motor
vehicle, fail to negotiate a railroad-highway grade railroad
crossing because of insufficient undercarriage clearance.
    (d-5) (Blank).
    (e) It is unlawful to violate any part of this Section.
        (1) A violation of this Section is a petty offense for
    which a fine of $250 shall be imposed for a first
    violation, and a fine of $500 shall be imposed for a second
    or subsequent violation. The court may impose 25 hours of
    community service in place of the $250 fine for the first
    violation.
        (2) For a second or subsequent violation, the Secretary
    of State may suspend the driving privileges of the offender
    for a minimum of 6 months.
    (f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals
indicating the presence, approach, passage, or departure of a
train or railroad track equipment shall impose fines as
established in subsection (e) of this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (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 or railroad track equipment and shall
not proceed until such movement can be made with safety:
        1. Any second division vehicle carrying passengers for
    hire;
        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 (i) turn off all noise producing
    accessories, including heater blowers, defroster fans,
    auxiliary fans, and radios, and (ii) open the service door
    and driver's window, 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. 94-519, eff. 8-10-05; 95-756, eff. 1-1-09.)
 
    (625 ILCS 5/11-1203)  (from Ch. 95 1/2, par. 11-1203)
    Sec. 11-1203. Moving heavy equipment at railroad grade
crossing.
    (a) No person shall operate or move any crawler-type
tractor, power shovel, derrick, roller, or any equipment or
structure having a normal operating speed of 10 or less miles
per hour, or, for such equipment with 18 feet or less distance
between two adjacent axles, having a vertical body or load
clearance of less than 9 inches above a level surface, or, for
such equipment with more than 18 feet between two adjacent
axles, having a vertical body or load clearance of less than
1/2 inch per foot of distance between such adjacent axles above
a level surface upon or across any tracks at a railroad grade
crossing without first complying with this Section.
    (b) Notice of any such intended crossing shall be given to
a superintendent of such railroad and a reasonable time be
given to such railroad to provide proper protection at such
crossing.
    (c) Before making any such crossing the person operating or
moving any such vehicle or equipment shall first stop the same
not less than 15 feet nor more than 50 feet from the nearest
rail of such railway and while so stopped shall listen and look
in both directions along such track for any approaching train
or railroad track equipment and for signals indicating the
approach of a train or railroad track equipment, and shall not
proceed until the crossing can be made safely.
    (d) No such crossing shall be made when warning is given by
automatic signal or crossing gates or a flagman or otherwise of
the immediate approach of a railroad train, railroad track
equipment, or car.
(Source: P.A. 76-2172.)

Effective Date: 1/1/2011