Illinois General Assembly - Full Text of Public Act 094-0771
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Public Act 094-0771


 

Public Act 0771 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0771
 
SB2865 Enrolled LRB094 19100 DRH 54615 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
Section 11-1201.1 and adding Sections 11-612 and 11-1201.5 as
follows:
 
    (625 ILCS 5/11-612 new)
    Sec. 11-612. Certain systems to record vehicle speeds
prohibited. Except as authorized in the Automated Traffic
Control Systems in Highway Construction or Maintenance Zones
Act, no photographic, video, or other imaging system may be
used in this State to record vehicle speeds for the purpose of
enforcing any law or ordinance regarding a maximum or minimum
speed limit unless a law enforcement officer is present at the
scene and witnesses the event. No State or local governmental
entity, including a home rule county or municipality, may use
such a system in a way that is prohibited by this Section. The
regulation of the use of such systems is an exclusive power and
function of the State. This Section is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
 
    (625 ILCS 5/11-1201.1)
    Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System Pilot Project.
    (a) For the purposes of this Section, an automated railroad
grade crossing enforcement system is a system operated by a law
enforcement agency that records a driver's response to
automatic, electrical or mechanical signal devices and
crossing gates. The system shall be designed to obtain a clear
photograph or other recorded image of the vehicle, vehicle
operator and the vehicle registration plate of a vehicle in
violation of Section 11-1201. The photograph or other recorded
image shall also display the time, date and location of the
violation.
    (b) Commencing on January 1, 1996, the Illinois Commerce
Commission and the Commuter Rail Board of the Regional
Transportation Authority shall, in cooperation with local law
enforcement agencies, establish a 5 year pilot program within a
county with a population of between 750,000 and 1,000,000 using
an automated railroad grade crossing enforcement system. The
Commission shall determine the 3 railroad grade crossings
within that county that pose the greatest threat to human life
based upon the number of accidents and fatalities at the
crossings during the past 5 years and with approval of the
local law enforcement agency equip the crossings with an
automated railroad grade crossing enforcement system.
    (b-1) Commencing on July 20, 2001 (the effective date of
Public Act 92-98), the Illinois Commerce Commission and the
Commuter Rail Board may, in cooperation with the local law
enforcement agency, establish in a county with a population of
between 750,000 and 1,000,000 a 2 year pilot program using an
automated railroad grade crossing enforcement system. This
pilot program may be established at a railroad grade crossing
designated by local authorities. No State moneys may be
expended on the automated railroad grade crossing enforcement
system established under this pilot program.
    (c) For each violation of Section 11-1201 recorded by an
automatic railroad grade crossing system, the local law
enforcement agency having jurisdiction shall issue a written
Uniform Traffic Citation of the violation to the registered
owner of the vehicle as the alleged violator. The Uniform
Traffic Citation shall be delivered to the registered owner of
the vehicle, by mail, within 30 days of the violation. The
Uniform Traffic Citation shall include the name and address of
vehicle owner, the vehicle registration number, the offense
charged, the time, date, and location of the violation, the
first available court date and that the basis of the citation
is the photograph or other recorded image from the automated
railroad grade crossing enforcement system.
    (d) The Uniform Traffic Citation issued to the registered
owner of the vehicle shall be accompanied by a written notice,
the contents of which is set forth in subsection (d-1) of this
Section, explaining how the registered owner of the vehicle can
elect to proceed by either paying the fine or challenging the
issuance of the Uniform Traffic Citation.
    (d-1) The written notice explaining the alleged violator's
rights and obligations must include the following text:
    "You have been served with the accompanying Uniform Traffic
Citation and cited with having violated Section 11-1201 of the
Illinois Vehicle Code. You can elect to proceed by:
    1. Paying the fine; or
    2. Challenging the issuance of the Uniform Traffic Citation
    in court; or
    3. If you were not the operator of the vehicle at the time
    of the alleged offense, notifying in writing the local law
    enforcement agency that issued the Uniform Traffic
    Citation of the number of the Uniform Traffic Citation
    received and the name and address of the person operating
    the vehicle at the time of the alleged offense. If you fail
    to so notify in writing the local law enforcement agency of
    the name and address of the operator of the vehicle at the
    time of the alleged offense, you may be presumed to have
    been the operator of the vehicle at the time of the alleged
    offense."
    (d-2) If the registered owner of the vehicle was not the
operator of the vehicle at the time of the alleged offense, and
if the registered owner notifies the local law enforcement
agency having jurisdiction of the name and address of the
operator of the vehicle at the time of the alleged offense, the
local law enforcement agency having jurisdiction shall then
issue a written Uniform Traffic Citation to the person alleged
by the registered owner to have been the operator of the
vehicle at the time of the alleged offense. If the registered
owner fails to notify in writing the local law enforcement
agency having jurisdiction of the name and address of the
operator of the vehicle at the time of the alleged offense, the
registered owner may be presumed to have been the operator of
the vehicle at the time of the alleged offense.
    (e) Evidence.
        (i) A certificate alleging that a violation of Section
    11-1201 occurred, sworn to or affirmed by a duly authorized
    agency, based on inspection of recorded images produced by
    an automated railroad crossing enforcement system are
    evidence of the facts contained in the certificate and are
    admissible in any proceeding alleging a violation under
    this Section.
        (ii) Photographs or recorded images made by an
    automatic railroad grade crossing enforcement system are
    confidential and shall be made available only to the
    alleged violator and governmental and law enforcement
    agencies for purposes of adjudicating a violation of
    Section 11-1201 of the Illinois Vehicle Code. The
    photographs may also be made available to governmental
    agencies for the purpose of a safety analysis of the
    crossing where the automatic railroad grade crossing
    enforcement system is installed. However, any photograph
    or other recorded image evidencing a violation of Section
    11-1201 shall be admissible in any proceeding resulting
    from the issuance of the Uniform Traffic Citation when
    there is reasonable and sufficient proof of the accuracy of
    the camera or electronic instrument recording the image.
    There is a rebuttable presumption that the photograph or
    recorded image is accurate if the camera or electronic
    recording instrument was in good working order at the
    beginning and the end of the day of the alleged offense.
    (f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.
    (g) Except as provided in subsection (b-1), the cost of the
installation and maintenance of each automatic railroad grade
crossing enforcement system shall be paid from the Grade
Crossing Protection Fund if the rail line is not owned by
Commuter Rail Board of the Regional Transportation Authority.
Except as provided in subsection (b-1), if the rail line is
owned by the Commuter Rail Board of the Regional Transportation
Authority, the costs of the installation and maintenance shall
be paid from the Regional Transportation Authority's portion of
the Public Transportation Fund.
    (h) The Illinois Commerce Commission shall issue a report
to the General Assembly at the conclusion of the 5 year pilot
program established under subsection (b) on the effectiveness
of the automatic railroad grade crossing enforcement system.
    (i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
    (j) Penalty.
        (i) 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.
        (ii) For a second or subsequent violation, the
    Secretary of State may suspend the registration of the
    motor vehicle for a period of at least 6 months.
(Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01; 92-651,
eff 7-11-02; 92-814, eff. 1-1-03.)
 
    (625 ILCS 5/11-1201.5 new)
    Sec. 11-1201.5. Automated railroad crossing enforcement
system.
    (a) For the purposes of this Section, an automated railroad
grade crossing enforcement system is a system operated by a law
enforcement agency that records a driver's response to
automatic, electrical, or mechanical signal devices and
crossing gates. The system shall be designed to obtain a clear
photograph or other recorded image of the vehicle, vehicle
operator, and the vehicle registration plate of a vehicle in
violation of Section 11-1201 or 11-1425. The photograph or
other recorded image shall also display the time, date, and
location of the violation.
    (b) The Illinois Commerce Commission and the Illinois
Department of Transportation may, in cooperation with a local
law enforcement agency, establish in any county or municipality
an automated railroad grade crossing enforcement system at any
railroad grade crossing designated by local authorities. Local
authorities desiring the establishment of an automated
railroad crossing enforcement system must initiate the process
by enacting a local ordinance requesting the creation of such a
system. After the ordinance has been enacted, and before any
additional steps toward the establishment of the system are
undertaken, the local authorities, the Commission, and the
Department must agree to a plan for obtaining, from any
combination of federal, State, and local funding sources, the
moneys required for the purchase and installation of any
necessary equipment.
    (c) For each violation of Section 11-1201 or 11-1425
recorded by an automatic railroad grade crossing system, the
local law enforcement agency having jurisdiction shall issue a
written Uniform Traffic Citation of the violation to the
registered owner of the vehicle as the alleged violator. The
Uniform Traffic Citation shall be delivered to the registered
owner of the vehicle, by mail, within 30 days of the violation.
The Uniform Traffic Citation shall include the name and address
of vehicle owner, the vehicle registration number, the offense
charged, the time, date, and location of the violation, the
first available court date, and that the basis of the citation
is the photograph or other recorded image from the automated
railroad grade crossing enforcement system.
    (d) The Uniform Traffic Citation issued to the registered
owner of the vehicle shall be accompanied by a written notice,
the contents of which is set forth in subsection (e) of this
Section, explaining how the registered owner of the vehicle can
elect to proceed by either paying the fine or challenging the
issuance of the Uniform Traffic Citation.
    (e) The written notice explaining the alleged violator's
rights and obligations must include the following text:
    "You have been served with the accompanying Uniform Traffic
Citation and cited with having violated Section 11-1201 or
11-1425 of the Illinois Vehicle Code. You can elect to proceed
by:
        1. Paying the fine; or
        2. Challenging the issuance of the Uniform Traffic
    Citation in court; or
        3. If you were not the operator of the vehicle at the
    time of the alleged offense, notifying in writing the local
    law enforcement agency that issued the Uniform Traffic
    Citation of the number of the Uniform Traffic Citation
    received and the name and address of the person operating
    the vehicle at the time of the alleged offense. If you fail
    to so notify in writing the local law enforcement agency of
    the name and address of the operator of the vehicle at the
    time of the alleged offense, you may be presumed to have
    been the operator of the vehicle at the time of the alleged
    offense."
    (f) If the registered owner of the vehicle was not the
operator of the vehicle at the time of the alleged offense, and
if the registered owner notifies the local law enforcement
agency having jurisdiction of the name and address of the
operator of the vehicle at the time of the alleged offense, the
local law enforcement agency having jurisdiction shall then
issue a written Uniform Traffic Citation to the person alleged
by the registered owner to have been the operator of the
vehicle at the time of the alleged offense. If the registered
owner fails to notify in writing the local law enforcement
agency having jurisdiction of the name and address of the
operator of the vehicle at the time of the alleged offense, the
registered owner may be presumed to have been the operator of
the vehicle at the time of the alleged offense.
    (g) Evidence.
        (1) A certificate alleging that a violation of Section
    11-1201 or 11-1425 occurred, sworn to or affirmed by a duly
    authorized agency, based on inspection of recorded images
    produced by an automated railroad crossing enforcement
    system, are evidence of the facts contained in the
    certificate and are admissible in any proceeding alleging a
    violation under this Section.
        (2) Photographs or recorded images made by an automatic
    railroad grade crossing enforcement system are
    confidential and shall be made available only to the
    alleged violator and governmental and law enforcement
    agencies for purposes of adjudicating a violation of
    Section 11-1201 or 11-1425 of the Illinois Vehicle Code.
    The photographs may also be made available to governmental
    agencies for the purpose of a safety analysis of the
    crossing where the automatic railroad grade crossing
    enforcement system is installed. However, any photograph
    or other recorded image evidencing a violation of Section
    11-1201 or 11-1425 shall be admissible in any proceeding
    resulting from the issuance of the Uniform Traffic Citation
    when there is reasonable and sufficient proof of the
    accuracy of the camera or electronic instrument recording
    the image. There is a rebuttable presumption that the
    photograph or recorded image is accurate if the camera or
    electronic recording instrument was in good working order
    at the beginning and the end of the day of the alleged
    offense.
    (h) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.
    (i) A county or municipality, including a home rule county
or municipality, may not use an automated railroad crossing
enforcement system to provide recorded images of a motor
vehicle for the purpose of recording its speed. The regulation
of the use of automated railroad crossing enforcement systems
to record vehicle speeds is an exclusive power and function of
the State. This subsection (i) is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
    (j) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
    (k) Penalty.
        (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 registration of the motor vehicle
    for a period of at least 6 months.

Effective Date: 1/1/2007