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Public Act 92-0245
SB172 Enrolled LRB9201414ARsbA
AN ACT concerning vehicles.
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 11-1201 and 11-1201.1 as follows:
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of
train.
(a) Whenever any person driving a vehicle approaches a
railroad grade crossing such 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 he 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;
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;
3. A railroad train approaching a highway crossing
emits a warning signal and such railroad train, by reason
of its speed or nearness to such crossing, is an
immediate hazard;
4. An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing.
5. A railroad train is approaching so closely that
an immediate hazard is created.
(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, 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 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.
(e) It is unlawful to violate A violation of any part of
this Section. A first conviction of a person for a violation
of any part of this Section shall result in a mandatory fine
of $250; all subsequent convictions of that person for any
violation of any part of this Section shall each result in a
mandatory fine of $500 or 50 hours of community service.
(f) Corporate Local authorities of municipal
corporations regulating operators of shall impose fines as
established in subsection (e) for vehicles that fail to obey
signals indicating the presence, approach, passage, or
departure of a train shall impose fines as established in
subsection (e) of this Section.
(Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. 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. 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 two 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.
(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 violator shall be accompanied
by a written notice, the contents of which is set forth in
subsection (d-1) of this Section, explaining document which
explains the violator's rights and obligations and how the
registered owner of the vehicle violator 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
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. 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. Photographs or recorded
images made by an automatic railroad grade crossing
enforcement system shall be confidential, and shall be
made available only to the defendant, governmental and
law enforcement agencies for the purposes of adjudicating
a violation of Section 11-1201 of the Illinois Vehicle
Code.
(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) 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. 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 two
year pilot program 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.
(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. 89-454, eff. 5-17-96; 90-14, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 10, 2001.
Approved August 03, 2001.
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