Public Act 90-0257 of the 90th General Assembly

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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
    (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.

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