State of Illinois
90th General Assembly
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90_HB2858

      625 ILCS 5/18c-7403       from Ch. 95 1/2, par. 18c-7403
          Amends the Vehicle Code to make a grammatical  change  in
      the rail carrier safety requirement provisions.
                                                     LRB9010953OBpk
                                               LRB9010953OBpk
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 18c-7403.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Section 18c-7403 as follows:
 7        (625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
 8        Sec.  18c-7403.   Enforcement  and   Waiver   of   Safety
 9    Requirements.
10        (1)  Enforcement.   Except   for  with  regard  to  grade
11    crossing obstructions under Section 18c-7402 of this  Chapter
12    and  trespass  on  railroad  rights  of  way  and yards under
13    Section 18c-7503 of this Chapter,  jurisdiction  to  initiate
14    actions  to  enforce  provisions  of  this  Chapter is vested
15    exclusively  in  the  Commission.   Where  a  valid   federal
16    statute,  regulation,  or  order  sets  forth  procedures  or
17    sanctions   for  violation  of  safety  standards,  and  such
18    procedures or sanctions are  preemptive  of  state  law,  the
19    Commission  shall exercise its enforcement jurisdiction under
20    this  Article  in  accordance  therewith.    Otherwise,   the
21    provisions  of  this Chapter regarding enforcement procedures
22    and sanctions shall apply.
23        (2)  Waiver. The Commission may waive any of  the  safety
24    requirements under this Article if continued adherence to the
25    requirement or requirements is not required for the safety of
26    railroad employees or the public.
27    (Source: P.A. 90-257, eff. 7-30-97.)

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