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Public Act 099-0663
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| SB2806 Enrolled | LRB099 19107 AXK 43496 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 |
Section 11-1201 as follows:
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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 |
train or railroad track equipment.
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(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
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safely. The
foregoing requirements
shall apply when:
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1. A clearly visible electric or mechanical signal |
device gives warning
of the immediate approach of a |
railroad train or railroad track equipment;
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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;
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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;
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4. An approaching railroad train or railroad track |
equipment is plainly visible and is in hazardous
proximity |
to such crossing;
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5. A railroad train or railroad track equipment is |
approaching so closely that an immediate hazard
is created.
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(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
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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.
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(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.
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(c) The Department, and local authorities with the
approval |
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 |
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.
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(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
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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.
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(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.
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(d-5) (Blank).
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(e) It is unlawful to violate any part of this
Section.
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(1) A violation of this Section is a petty offense for |
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which a fine of
$500 $250 shall be imposed for a first |
violation, and a fine of $1,000 $500 shall be
imposed for a |
second or subsequent violation. The court may impose 25 |
hours of
community service in place of the $500 $250 fine |
for the first violation.
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(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.
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(f) Corporate authorities of municipal corporations
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regulating operators of vehicles that fail to obey signals |
indicating the
presence,
approach, passage, or departure of a
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train or railroad track equipment shall impose fines as |
established in subsection (e) of this Section.
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(Source: P.A. 95-331, eff. 8-21-07; 96-1244, eff. 1-1-11.)
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