Public Act 90-0257 of the 90th General Assembly
Public Act 90-0257
HB0218 Enrolled LRB9001013NTsb
AN ACT concerning railroads, amending a named Act.
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 11-205 and 18c-7403 as follows:
(625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
Sec. 11-205. Public officers and employees to obey
Act-Exceptions.
(a) The provisions of this Chapter applicable to the
drivers of vehicles upon the highways shall apply to the
drivers of all vehicles owned or operated by the United
States, this State or any county, city, town, district or any
other political subdivision of the State, except as provided
in this Section and subject to such specific exceptions as
set forth in this Chapter with reference to authorized
emergency vehicles.
(b) The driver of an authorized emergency vehicle, when
responding to an emergency call or when in the pursuit of an
actual or suspected violator of the law or when responding to
but not upon returning from a fire alarm, may exercise the
privileges set forth in this Section, but subject to the
conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of
this Chapter;
2. Proceed past a red or stop signal or stop sign,
but only after slowing down as may be required and
necessary for safe operation;
3. Exceed the maximum speed limits so long as he
does not endanger life or property;
4. Disregard regulations governing direction of
movement or turning in specified directions.;
5. Proceed past a rail crossing, when responding to
an emergency call, but only after slowing down as may be
necessary for safe operations.
(d) The exceptions herein granted to an authorized
emergency vehicle, other than a police vehicle, shall apply
only when the vehicle is making use of either an audible
signal when in motion or visual signals meeting the
requirements of Section 12-215 of this Act.
(e) The foregoing provisions do not relieve the driver
of an authorized emergency vehicle from the duty of driving
with due regard for the safety of all persons, nor do such
provisions protect the driver from the consequences of his
reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions
of this Chapter, except those contained in Section 11-204 and
Articles IV and V of this Chapter, shall not apply to
persons, motor vehicles and equipment while actually engaged
in work upon a highway but shall apply to such persons and
vehicles when traveling to or from such work.
(Source: P.A. 89-710, eff. 2-14-97.)
(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403. Enforcement and Waiver of Safety
Requirements. (1) Enforcement. Except with regard to grade
crossing obstructions under Section 18c-7402 of this Chapter
and trespass on railroad rights of way and yards under
Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures
and sanctions shall apply.
(2) Waiver. The Commission may waive any of the safety
requirements under this Article if continued adherence to the
requirement or requirements is not required for the safety of
railroad employees or the public.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-7203 rep.)
(625 ILCS 5/18c-7301 rep.)
(625 ILCS 5/18c-7302 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Sections 18c-7203, 18c-7301, and 18c-7302.
Section 99. Effective date. This Act takes effect upon
becoming law.