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92nd General Assembly

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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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