HB3127 Engrossed LRB094 08510 DRH 38717 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-1425 as follows:
 
6     (625 ILCS 5/11-1425)  (from Ch. 95 1/2, par. 11-1425)
7     Sec. 11-1425. Stop when traffic obstructed.
8     (a) No driver shall enter an intersection or a marked
9 crosswalk or drive onto any railroad grade crossing unless
10 there is sufficient space on the other side of the
11 intersection, crosswalk or railroad grade crossing to
12 accommodate the vehicle he is operating without obstructing the
13 passage of other vehicles, pedestrians or railroad trains
14 notwithstanding any traffic-control signal indication to
15 proceed.
16     (b) No driver shall enter a highway rail grade crossing
17 unless there is sufficient space on the other side of the
18 highway rail grade crossing to accommodate the vehicle being
19 operated without obstructing the passage of a train or other
20 railroad equipment using the rails, notwithstanding any
21 traffic-control signal indication to proceed. Any person found
22 in violation of subsection (b) shall be subject to a mandatory
23 fine of $500 or 50 hours of community service.
24     (c) (Blank). Local authorities shall impose fines as
25 established in subsection (b) for persons found in violation of
26 this Section or any similar local ordinance.
27     (d) Beginning with the effective date of this amendatory
28 Act of the 94th General Assembly, the Secretary of State shall
29 suspend for a period of one month the driving privileges of any
30 person convicted of a violation of this Section or a similar
31 provision of a local ordinance; the Secretary shall suspend for
32 a period of 3 months the driving privileges of any person

 

 

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1 convicted of a second or subsequent violation of this Section
2 or a similar provision of a local ordinance if the second or
3 subsequent violation occurs within 5 years of a prior
4 conviction for the same offense. In addition to the suspensions
5 authorized by this Section, any person convicted of violating
6 this Section or a similar provision of a local ordinance shall
7 be subject to a mandatory fine of $500 or 50 hours of community
8 service. Upon a second or subsequent violation, in addition to
9 the suspensions authorized by this Section, the person shall be
10 subject to a mandatory fine of $500 and 50 hours community
11 service. The Secretary may also grant, for the duration of any
12 suspension issued under this subsection, a restricted driving
13 permit granting the privilege of driving a motor vehicle
14 between the driver's residence and place of employment or
15 within other proper limits that the Secretary of State shall
16 find necessary to avoid any undue hardship. A restricted
17 driving permit issued hereunder shall be subject to
18 cancellation, revocation and suspension by the Secretary of
19 State in like manner and for like cause as a driver's license
20 may be cancelled, revoked or suspended; except that a
21 conviction upon one or more offenses against laws or ordinances
22 regulating the movement of traffic shall be deemed sufficient
23 cause for the revocation, suspension or cancellation of the
24 restricted driving permit. The Secretary of State may, as a
25 condition to the issuance of a restricted driving permit,
26 require the applicant to participate in a designated driver
27 remedial or rehabilitative program. Any conviction for a
28 violation of this subsection shall be included as an offense
29 for the purposes of determining suspension action under any
30 other provision of this Code, provided however, that the
31 penalties provided under this subsection shall be imposed
32 unless those penalties imposed under other applicable
33 provisions are greater.
34     The owner of any vehicle alleged to have violated this
35 Section shall, upon appropriate demand by the State's Attorney
36 or other authorized prosecutor acting in response to a signed

 

 

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1 complaint, provide a written statement or deposition
2 identifying the operator of the vehicle if such operator was
3 not the owner at the time of the alleged violation. Failure to
4 supply such information shall be construed to be the same as a
5 violation of this Section and shall be subject to the same
6 penalties herein provided. In the event the owner has assigned
7 control for the use of the vehicle to another, the person to
8 whom control was assigned shall comply with the provisions of
9 this paragraph and be subject to the same penalties as herein
10 provided.
11 (Source: P.A. 91-532, eff. 1-1-00.)