99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2806

 

Introduced 2/17/2016, by Sen. Karen McConnaughay - Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1201  from Ch. 95 1/2, par. 11-1201

    Amends the Illinois Vehicle Code. Provides that a driver of a vehicle that approaches a railroad grade crossing under circumstances in which a stop is required and does not stop within 50 feet but not less than 15 feet from the nearest rail, commits a petty offense for which a $500 fine (previously $250) shall be imposed for the first violation and a $1,000 fine (previously $500) shall be imposed for any subsequent violations.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-1201 as follows:
 
6    (625 ILCS 5/11-1201)  (from Ch. 95 1/2, par. 11-1201)
7    Sec. 11-1201. Obedience to signal indicating approach of
8train or railroad track equipment.
9    (a) Whenever any person driving a vehicle approaches a
10railroad grade crossing where the driver is not always required
11to stop, the person must exercise due care and caution as the
12existence of a railroad track across a highway is a warning of
13danger, and under any of the circumstances stated in this
14Section, the driver shall stop within 50 feet but not less than
1515 feet from the nearest rail of the railroad and shall not
16proceed until the tracks are clear and he or she can do so
17safely. The foregoing requirements shall apply when:
18        1. A clearly visible electric or mechanical signal
19    device gives warning of the immediate approach of a
20    railroad train or railroad track equipment;
21        2. A crossing gate is lowered or a human flagman gives
22    or continues to give a signal of the approach or passage of
23    a railroad train or railroad track equipment;

 

 

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1        3. A railroad train or railroad track equipment
2    approaching a highway crossing emits a warning signal and
3    such railroad train or railroad track equipment, by reason
4    of its speed or nearness to such crossing, is an immediate
5    hazard;
6        4. An approaching railroad train or railroad track
7    equipment is plainly visible and is in hazardous proximity
8    to such crossing;
9        5. A railroad train or railroad track equipment is
10    approaching so closely that an immediate hazard is created.
11    (a-5) Whenever a person driving a vehicle approaches a
12railroad grade crossing where the driver is not always required
13to stop but must slow down, the person must exercise due care
14and caution as the existence of a railroad track across a
15highway is a warning of danger, and under any of the
16circumstances stated in this Section, the driver shall slow
17down within 50 feet but not less than 15 feet from the nearest
18rail of the railroad and shall not proceed until he or she
19checks that the tracks are clear of an approaching train or
20railroad track equipment.
21    (b) No person shall drive any vehicle through, around or
22under any crossing gate or barrier at a railroad crossing while
23such gate or barrier is closed or is being opened or closed.
24    (c) The Department, and local authorities with the approval
25of the Department, are hereby authorized to designate
26particularly dangerous highway grade crossings of railroads

 

 

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1and to erect stop signs thereat. When such stop signs are
2erected the driver of any vehicle shall stop within 50 feet but
3not less than 15 feet from the nearest rail of such railroad
4and shall proceed only upon exercising due care.
5    (d) At any railroad grade crossing provided with railroad
6crossbuck signs, without automatic, electric, or mechanical
7signal devices, crossing gates, or a human flagman giving a
8signal of the approach or passage of a train or railroad track
9equipment, the driver of a vehicle shall in obedience to the
10railroad crossbuck sign, yield the right-of-way and slow down
11to a speed reasonable for the existing conditions and shall
12stop, if required for safety, at a clearly marked stopped line,
13or if no stop line, within 50 feet but not less than 15 feet
14from the nearest rail of the railroad and shall not proceed
15until he or she can do so safely. If a driver is involved in a
16collision at a railroad crossing or interferes with the
17movement of a train or railroad track equipment after driving
18past the railroad crossbuck sign, the collision or interference
19is prima facie evidence of the driver's failure to yield
20right-of-way.
21    (d-1) No person shall, while driving a commercial motor
22vehicle, fail to negotiate a railroad-highway grade railroad
23crossing because of insufficient undercarriage clearance.
24    (d-5) (Blank).
25    (e) It is unlawful to violate any part of this Section.
26        (1) A violation of this Section is a petty offense for

 

 

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1    which a fine of $500 $250 shall be imposed for a first
2    violation, and a fine of $1,000 $500 shall be imposed for a
3    second or subsequent violation. The court may impose 25
4    hours of community service in place of the $500 $250 fine
5    for the first violation.
6        (2) For a second or subsequent violation, the Secretary
7    of State may suspend the driving privileges of the offender
8    for a minimum of 6 months.
9    (f) Corporate authorities of municipal corporations
10regulating operators of vehicles that fail to obey signals
11indicating the presence, approach, passage, or departure of a
12train or railroad track equipment shall impose fines as
13established in subsection (e) of this Section.
14(Source: P.A. 95-331, eff. 8-21-07; 96-1244, eff. 1-1-11.)