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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
| [ Senate Amendment 003 ] |
92_HB5240enr HB5240 Enrolled LRB9212791AGmb 1 AN ACT in relation to 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 5 changing Sections 6-206, 11-1011, 11-1201, and 11-1201.1 as 6 follows: 7 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 8 Sec. 6-206. Discretionary authority to suspend or revoke 9 license or permit; Right to a hearing. 10 (a) The Secretary of State is authorized to suspend or 11 revoke the driving privileges of any person without 12 preliminary hearing upon a showing of the person's records or 13 other sufficient evidence that the person: 14 1. Has committed an offense for which mandatory 15 revocation of a driver's license or permit is required 16 upon conviction; 17 2. Has been convicted of not less than 3 offenses 18 against traffic regulations governing the movement of 19 vehicles committed within any 12 month period. No 20 revocation or suspension shall be entered more than 6 21 months after the date of last conviction; 22 3. Has been repeatedly involved as a driver in 23 motor vehicle collisions or has been repeatedly convicted 24 of offenses against laws and ordinances regulating the 25 movement of traffic, to a degree that indicates lack of 26 ability to exercise ordinary and reasonable care in the 27 safe operation of a motor vehicle or disrespect for the 28 traffic laws and the safety of other persons upon the 29 highway; 30 4. Has by the unlawful operation of a motor vehicle 31 caused or contributed to an accident resulting in death HB5240 Enrolled -2- LRB9212791AGmb 1 or injury requiring immediate professional treatment in a 2 medical facility or doctor's office to any person, except 3 that any suspension or revocation imposed by the 4 Secretary of State under the provisions of this 5 subsection shall start no later than 6 months after being 6 convicted of violating a law or ordinance regulating the 7 movement of traffic, which violation is related to the 8 accident, or shall start not more than one year after the 9 date of the accident, whichever date occurs later; 10 5. Has permitted an unlawful or fraudulent use of a 11 driver's license, identification card, or permit; 12 6. Has been lawfully convicted of an offense or 13 offenses in another state, including the authorization 14 contained in Section 6-203.1, which if committed within 15 this State would be grounds for suspension or revocation; 16 7. Has refused or failed to submit to an 17 examination provided for by Section 6-207 or has failed 18 to pass the examination; 19 8. Is ineligible for a driver's license or permit 20 under the provisions of Section 6-103; 21 9. Has made a false statement or knowingly 22 concealed a material fact or has used false information 23 or identification in any application for a license, 24 identification card, or permit; 25 10. Has possessed, displayed, or attempted to 26 fraudulently use any license, identification card, or 27 permit not issued to the person; 28 11. Has operated a motor vehicle upon a highway of 29 this State when the person's driving privilege or 30 privilege to obtain a driver's license or permit was 31 revoked or suspended unless the operation was authorized 32 by a judicial driving permit, probationary license to 33 drive, or a restricted driving permit issued under this 34 Code; HB5240 Enrolled -3- LRB9212791AGmb 1 12. Has submitted to any portion of the application 2 process for another person or has obtained the services 3 of another person to submit to any portion of the 4 application process for the purpose of obtaining a 5 license, identification card, or permit for some other 6 person; 7 13. Has operated a motor vehicle upon a highway of 8 this State when the person's driver's license or permit 9 was invalid under the provisions of Sections 6-107.1 and 10 6-110; 11 14. Has committed a violation of Section 6-301, 12 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 13 14B of the Illinois Identification Card Act; 14 15. Has been convicted of violating Section 21-2 of 15 the Criminal Code of 1961 relating to criminal trespass 16 to vehicles in which case, the suspension shall be for 17 one year; 18 16. Has been convicted of violating Section 11-204 19 of this Code relating to fleeing from a police officer; 20 17. Has refused to submit to a test, or tests, as 21 required under Section 11-501.1 of this Code and the 22 person has not sought a hearing as provided for in 23 Section 11-501.1; 24 18. Has, since issuance of a driver's license or 25 permit, been adjudged to be afflicted with or suffering 26 from any mental disability or disease; 27 19. Has committed a violation of paragraph (a) or 28 (b) of Section 6-101 relating to driving without a 29 driver's license; 30 20. Has been convicted of violating Section 6-104 31 relating to classification of driver's license; 32 21. Has been convicted of violating Section 11-402 33 of this Code relating to leaving the scene of an accident 34 resulting in damage to a vehicle in excess of $1,000, in HB5240 Enrolled -4- LRB9212791AGmb 1 which case the suspension shall be for one year; 2 22. Has used a motor vehicle in violating paragraph 3 (3), (4), (7), or (9) of subsection (a) of Section 24-1 4 of the Criminal Code of 1961 relating to unlawful use of 5 weapons, in which case the suspension shall be for one 6 year; 7 23. Has, as a driver, been convicted of committing 8 a violation of paragraph (a) of Section 11-502 of this 9 Code for a second or subsequent time within one year of a 10 similar violation; 11 24. Has been convicted by a court-martial or 12 punished by non-judicial punishment by military 13 authorities of the United States at a military 14 installation in Illinois of or for a traffic related 15 offense that is the same as or similar to an offense 16 specified under Section 6-205 or 6-206 of this Code; 17 25. Has permitted any form of identification to be 18 used by another in the application process in order to 19 obtain or attempt to obtain a license, identification 20 card, or permit; 21 26. Has altered or attempted to alter a license or 22 has possessed an altered license, identification card, or 23 permit; 24 27. Has violated Section 6-16 of the Liquor Control 25 Act of 1934; 26 28. Has been convicted of the illegal possession, 27 while operating or in actual physical control, as a 28 driver, of a motor vehicle, of any controlled substance 29 prohibited under the Illinois Controlled Substances Act 30 or any cannabis prohibited under the provisions of the 31 Cannabis Control Act, in which case the person's driving 32 privileges shall be suspended for one year, and any 33 driver who is convicted of a second or subsequent 34 offense, within 5 years of a previous conviction, for the HB5240 Enrolled -5- LRB9212791AGmb 1 illegal possession, while operating or in actual physical 2 control, as a driver, of a motor vehicle, of any 3 controlled substance prohibited under the provisions of 4 the Illinois Controlled Substances Act or any cannabis 5 prohibited under the Cannabis Control Act shall be 6 suspended for 5 years. Any defendant found guilty of this 7 offense while operating a motor vehicle, shall have an 8 entry made in the court record by the presiding judge 9 that this offense did occur while the defendant was 10 operating a motor vehicle and order the clerk of the 11 court to report the violation to the Secretary of State; 12 29. Has been convicted of the following offenses 13 that were committed while the person was operating or in 14 actual physical control, as a driver, of a motor vehicle: 15 criminal sexual assault, predatory criminal sexual 16 assault of a child, aggravated criminal sexual assault, 17 criminal sexual abuse, aggravated criminal sexual abuse, 18 juvenile pimping, soliciting for a juvenile prostitute 19 and the manufacture, sale or delivery of controlled 20 substances or instruments used for illegal drug use or 21 abuse in which case the driver's driving privileges shall 22 be suspended for one year; 23 30. Has been convicted a second or subsequent time 24 for any combination of the offenses named in paragraph 29 25 of this subsection, in which case the person's driving 26 privileges shall be suspended for 5 years; 27 31. Has refused to submit to a test as required by 28 Section 11-501.6 or has submitted to a test resulting in 29 an alcohol concentration of 0.08 or more or any amount of 30 a drug, substance, or compound resulting from the 31 unlawful use or consumption of cannabis as listed in the 32 Cannabis Control Act, a controlled substance as listed in 33 the Illinois Controlled Substances Act, or an 34 intoxicating compound as listed in the Use of HB5240 Enrolled -6- LRB9212791AGmb 1 Intoxicating Compounds Act, in which case the penalty 2 shall be as prescribed in Section 6-208.1; 3 32. Has been convicted of Section 24-1.2 of the 4 Criminal Code of 1961 relating to the aggravated 5 discharge of a firearm if the offender was located in a 6 motor vehicle at the time the firearm was discharged, in 7 which case the suspension shall be for 3 years; 8 33. Has as a driver, who was less than 21 years of 9 age on the date of the offense, been convicted a first 10 time of a violation of paragraph (a) of Section 11-502 of 11 this Code or a similar provision of a local ordinance; 12 34. Has committed a violation of Section 11-1301.5 13 of this Code; 14 35. Has committed a violation of Section 11-1301.6 15 of this Code;or16 36. Is under the age of 21 years at the time of 17 arrest and has been convicted of not less than 2 18 offenses against traffic regulations governing the 19 movement of vehicles committed within any 24 month 20 period. No revocation or suspension shall be entered 21 more than 6 months after the date of last conviction;or22 37. Has committed a violation of subsection (c) of 23 Section 11-907 of this Code; or 24 38. Has committed a second or subsequent violation 25 of Section 11-1201 of this Code. 26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 27 and 27 of this subsection, license means any driver's 28 license, any traffic ticket issued when the person's driver's 29 license is deposited in lieu of bail, a suspension notice 30 issued by the Secretary of State, a duplicate or corrected 31 driver's license, a probationary driver's license or a 32 temporary driver's license. 33 (b) If any conviction forming the basis of a suspension 34 or revocation authorized under this Section is appealed, the HB5240 Enrolled -7- LRB9212791AGmb 1 Secretary of State may rescind or withhold the entry of the 2 order of suspension or revocation, as the case may be, 3 provided that a certified copy of a stay order of a court is 4 filed with the Secretary of State. If the conviction is 5 affirmed on appeal, the date of the conviction shall relate 6 back to the time the original judgment of conviction was 7 entered and the 6 month limitation prescribed shall not 8 apply. 9 (c) 1. Upon suspending or revoking the driver's license 10 or permit of any person as authorized in this Section, 11 the Secretary of State shall immediately notify the 12 person in writing of the revocation or suspension. The 13 notice to be deposited in the United States mail, postage 14 prepaid, to the last known address of the person. 15 2. If the Secretary of State suspends the driver's 16 license of a person under subsection 2 of paragraph (a) 17 of this Section, a person's privilege to operate a 18 vehicle as an occupation shall not be suspended, provided 19 an affidavit is properly completed, the appropriate fee 20 received, and a permit issued prior to the effective date 21 of the suspension, unless 5 offenses were committed, at 22 least 2 of which occurred while operating a commercial 23 vehicle in connection with the driver's regular 24 occupation. All other driving privileges shall be 25 suspended by the Secretary of State. Any driver prior to 26 operating a vehicle for occupational purposes only must 27 submit the affidavit on forms to be provided by the 28 Secretary of State setting forth the facts of the 29 person's occupation. The affidavit shall also state the 30 number of offenses committed while operating a vehicle in 31 connection with the driver's regular occupation. The 32 affidavit shall be accompanied by the driver's license. 33 Upon receipt of a properly completed affidavit, the 34 Secretary of State shall issue the driver a permit to HB5240 Enrolled -8- LRB9212791AGmb 1 operate a vehicle in connection with the driver's regular 2 occupation only. Unless the permit is issued by the 3 Secretary of State prior to the date of suspension, the 4 privilege to drive any motor vehicle shall be suspended 5 as set forth in the notice that was mailed under this 6 Section. If an affidavit is received subsequent to the 7 effective date of this suspension, a permit may be issued 8 for the remainder of the suspension period. 9 The provisions of this subparagraph shall not apply 10 to any driver required to obtain a commercial driver's 11 license under Section 6-507 during the period of a 12 disqualification of commercial driving privileges under 13 Section 6-514. 14 Any person who falsely states any fact in the 15 affidavit required herein shall be guilty of perjury 16 under Section 6-302 and upon conviction thereof shall 17 have all driving privileges revoked without further 18 rights. 19 3. At the conclusion of a hearing under Section 20 2-118 of this Code, the Secretary of State shall either 21 rescind or continue an order of revocation or shall 22 substitute an order of suspension; or, good cause 23 appearing therefor, rescind, continue, change, or extend 24 the order of suspension. If the Secretary of State does 25 not rescind the order, the Secretary may upon 26 application, to relieve undue hardship, issue a 27 restricted driving permit granting the privilege of 28 driving a motor vehicle between the petitioner's 29 residence and petitioner's place of employment or within 30 the scope of his employment related duties, or to allow 31 transportation for the petitioner, or a household member 32 of the petitioner's family, to receive necessary medical 33 care and if the professional evaluation indicates, 34 provide transportation for alcohol remedial or HB5240 Enrolled -9- LRB9212791AGmb 1 rehabilitative activity, or for the petitioner to attend 2 classes, as a student, in an accredited educational 3 institution; if the petitioner is able to demonstrate 4 that no alternative means of transportation is reasonably 5 available and the petitioner will not endanger the public 6 safety or welfare. 7 If a person's license or permit has been revoked or 8 suspended due to 2 or more convictions of violating 9 Section 11-501 of this Code or a similar provision of a 10 local ordinance or a similar out-of-state offense, 11 arising out of separate occurrences, that person, if 12 issued a restricted driving permit, may not operate a 13 vehicle unless it has been equipped with an ignition 14 interlock device as defined in Section 1-129.1. 15 If a person's license or permit has been revoked or 16 suspended 2 or more times within a 10 year period due to 17 a single conviction of violating Section 11-501 of this 18 Code or a similar provision of a local ordinance or a 19 similar out-of-state offense, and a statutory summary 20 suspension under Section 11-501.1, or 2 or more statutory 21 summary suspensions, or combination of 2 offenses, or of 22 an offense and a statutory summary suspension, arising 23 out of separate occurrences, that person, if issued a 24 restricted driving permit, may not operate a vehicle 25 unless it has been equipped with an ignition interlock 26 device as defined in Section 1-129.1. The person must pay 27 to the Secretary of State DUI Administration Fund an 28 amount not to exceed $20 per month. The Secretary shall 29 establish by rule the amount and the procedures, terms, 30 and conditions relating to these fees. If the restricted 31 driving permit was issued for employment purposes, then 32 this provision does not apply to the operation of an 33 occupational vehicle owned or leased by that person's 34 employer. In each case the Secretary may issue a HB5240 Enrolled -10- LRB9212791AGmb 1 restricted driving permit for a period deemed 2 appropriate, except that all permits shall expire within 3 one year from the date of issuance. The Secretary may 4 not, however, issue a restricted driving permit to any 5 person whose current revocation is the result of a second 6 or subsequent conviction for a violation of Section 7 11-501 of this Code or a similar provision of a local 8 ordinance relating to the offense of operating or being 9 in physical control of a motor vehicle while under the 10 influence of alcohol, other drug or drugs, intoxicating 11 compound or compounds, or any similar out-of-state 12 offense, or any combination of those offenses, until the 13 expiration of at least one year from the date of the 14 revocation. A restricted driving permit issued under this 15 Section shall be subject to cancellation, revocation, and 16 suspension by the Secretary of State in like manner and 17 for like cause as a driver's license issued under this 18 Code may be cancelled, revoked, or suspended; except that 19 a conviction upon one or more offenses against laws or 20 ordinances regulating the movement of traffic shall be 21 deemed sufficient cause for the revocation, suspension, 22 or cancellation of a restricted driving permit. The 23 Secretary of State may, as a condition to the issuance of 24 a restricted driving permit, require the applicant to 25 participate in a designated driver remedial or 26 rehabilitative program. The Secretary of State is 27 authorized to cancel a restricted driving permit if the 28 permit holder does not successfully complete the program. 29 (c-5) The Secretary of State may, as a condition of the 30 reissuance of a driver's license or permit to an applicant 31 whose driver's license or permit has been suspended before he 32 or she reached the age of 18 years pursuant to any of the 33 provisions of this Section, require the applicant to 34 participate in a driver remedial education course and be HB5240 Enrolled -11- LRB9212791AGmb 1 retested under Section 6-109 of this Code. 2 (d) This Section is subject to the provisions of the 3 Drivers License Compact. 4 (e) The Secretary of State shall not issue a restricted 5 driving permit to a person under the age of 16 years whose 6 driving privileges have been suspended or revoked under any 7 provisions of this Code. 8 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 9 92-458, eff. 8-22-01; revised 8-27-01.) 10 (625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011) 11 Sec. 11-1011. Bridge and railroad signals. 12 (a) No pedestrian shall enter or remain upon any bridge 13 or approach thereto beyond the bridge signal, gate, or 14 barrier after a bridge operation signal indication has been 15 given. 16 (b) No pedestrian shall pass through, around, over, or 17 under any crossing gate or barrier at a railroad grade 18 crossing or bridge while such gate or barrier is closed or is 19 being opened or closed. 20 (c) No pedestrian shall enter, remain upon or traverse 21 over a railroad grade crossing or pedestrian walkway crossing 22 a railroad track when an audible bell or clearly visible 23 electric or mechanical signal device is operational giving 24 warning of the presence, approach, passage, or departure of a 25 railroad train. 26 (d) A violation of any part of this Section is a petty 27 offense for which a $250 fine shall be imposed for a first 28 violation, and a $500 fine shall be imposed for a second or 29 subsequent violation. The court may impose 25 hours of 30 community service in place of the $250 fine for a first 31 violationshall result in a mandatory fine of $500 or 5032hours of community service. 33 (e) Local authorities shall impose fines as established HB5240 Enrolled -12- LRB9212791AGmb 1 in subsection (d) for pedestrians who fail to obey signals 2 indicating the presence, approach, passage, or departure of a 3 train. 4 (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.) 5 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201) 6 Sec. 11-1201. Obedience to signal indicating approach of 7 train. 8 (a) Whenever any person driving a vehicle approaches a 9 railroad grade crossing such person must exercise due care 10 and caution as the existence of a railroad track across a 11 highway is a warning of danger, and under any of the 12 circumstances stated in this Section, the driver shall stop 13 within 50 feet but not less than 15 feet from the nearest 14 rail of the railroad and shall not proceed until he can do so 15 safely. The foregoing requirements shall apply when: 16 1. A clearly visible electric or mechanical signal 17 device gives warning of the immediate approach of a 18 railroad train; 19 2. A crossing gate is lowered or a human flagman 20 gives or continues to give a signal of the approach or 21 passage of a railroad train; 22 3. A railroad train approaching a highway crossing 23 emits a warning signal and such railroad train, by reason 24 of its speed or nearness to such crossing, is an 25 immediate hazard; 26 4. An approaching railroad train is plainly visible 27 and is in hazardous proximity to such crossing;.28 5. A railroad train is approaching so closely that 29 an immediate hazard is created. 30 (b) No person shall drive any vehicle through, around or 31 under any crossing gate or barrier at a railroad crossing 32 while such gate or barrier is closed or is being opened or 33 closed. HB5240 Enrolled -13- LRB9212791AGmb 1 (c) The Department, and local authorities with the 2 approval of the Department, are hereby authorized to 3 designate particularly dangerous highway grade crossings of 4 railroads and to erect stop signs thereat. When such stop 5 signs are erected the driver of any vehicle shall stop within 6 50 feet but not less than 15 feet from the nearest rail of 7 such railroad and shall proceed only upon exercising due 8 care. 9 (d) At any railroad grade crossing provided with 10 railroad crossbuck signs, without automatic, electric, or 11 mechanical signal devices, crossing gates, or a human flagman 12 giving a signal of the approach or passage of a train, the 13 driver of a vehicle shall in obedience to the railroad 14 crossbuck sign, yield the right-of-way and slow down to a 15 speed reasonable for the existing conditions and shall stop, 16 if required for safety, at a clearly marked stopped line, or 17 if no stop line, within 50 feet but not less than 15 feet 18 from the nearest rail of the railroad and shall not proceed 19 until he or she can do so safely. If a driver is involved in 20 a collision at a railroad crossing or interferes with the 21 movement of a train after driving past the railroad crossbuck 22 sign, the collision or interference is prima facie evidence 23 of the driver's failure to yield right-of-way. 24 (d-5) No person may drive any vehicle through a railroad 25 crossing if there is insufficient space to drive completely 26 through the crossing without stopping. 27 (e) It is unlawful to violate any part of this Section. 28 (1) A violation of this Section is a petty offense 29 for which a fine of $250 shall be imposed for a first 30 violation, and a fine of $500 shall be imposed for a 31 second or subsequent violation. The court may impose 25 32 hours of community service in place of the $250 fine for 33 the first violation. 34 (2) For a second or subsequent violation, the HB5240 Enrolled -14- LRB9212791AGmb 1 Secretary of State may suspend the driving privileges of 2 the offender for a minimum of 6 months. 3A first conviction of a person for a violation of any part of4this Section shall result in a mandatory fine of $250; all5subsequent convictions of that person for any violation of6any part of this Section shall each result in a mandatory7fine of $500.8 (f) Corporate authorities of municipal corporations 9 regulating operators of vehicles that fail to obey signals 10 indicating the presence, approach, passage, or departure of a 11 train shall impose fines as established in subsection (e) of 12 this Section. 13 (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02; 14 revised 9-19-01) 15 (625 ILCS 5/11-1201.1) 16 Sec. 11-1201.1. Automated Railroad Crossing Enforcement 17 System. 18 (a) For the purposes of this Section, an automated 19 railroad grade crossing enforcement system is a system 20 operated by a law enforcement agency that records a driver's 21 response to automatic, electrical or mechanical signal 22 devices and crossing gates. The system shall be designed to 23 obtain a clear photograph or other recorded image of the 24 vehicle, vehicle operator and the vehicle registration plate 25 of a vehicle in violation of Section 11-1201. The photograph 26 or other recorded image shall also display the time, date and 27 location of the violation. 28 (b) Commencing on January 1, 1996, the Illinois Commerce 29 Commission and the Commuter Rail Board of the Regional 30 Transportation Authority shall, in cooperation with local law 31 enforcement agencies, establish a 5 year pilot program within 32 a county with a population of between 750,000 and 1,000,000 33 using an automated railroad grade crossing enforcement HB5240 Enrolled -15- LRB9212791AGmb 1 system. The Commission shall determine the 3 railroad grade 2 crossings within that county that pose the greatest threat to 3 human life based upon the number of accidents and fatalities 4 at the crossings during the past 5 years and with approval of 5 the local law enforcement agency equip the crossings with an 6 automated railroad grade crossing enforcement system. 7 (b-1) Commencing on July 20, 2001 (the effective date of 8 Public Act 92-98)this amendatory Act of the 92nd General9Assembly, the Illinois Commerce Commission and the Commuter 10 Rail Board may, in cooperation with the local law enforcement 11 agency, establish in a county with a population of between 12 750,000 and 1,000,000 a 2 year pilot program using an 13 automated railroad grade crossing enforcement system. This 14 pilot program may be established at a railroad grade crossing 15 designated by local authorities. No State moneys may be 16 expended on the automated railroad grade crossing enforcement 17 system established under this pilot program. 18 (c) For each violation of Section 11-1201 recorded by an 19 automatic railroad grade crossing system, the local law 20 enforcement agency having jurisdiction shall issue a written 21 Uniform Traffic Citation of the violation to the registered 22 owner of the vehicle as the alleged violator. The Uniform 23 Traffic Citation shall be delivered to the registered owner 24 of the vehicle, by mail, within 30 days of the violation. 25 The Uniform Traffic Citation shall include the name and 26 address of vehicle owner, the vehicle registration number, 27 the offense charged, the time, date, and location of the 28 violation, the first available court date and that the basis 29 of the citation is the photograph or other recorded image 30 from the automated railroad grade crossing enforcement 31 system. 32 (d) The Uniform Traffic Citation issued to the 33 registered owner of the vehicle shall be accompanied by a 34 written notice, the contents of which is set forth in HB5240 Enrolled -16- LRB9212791AGmb 1 subsection (d-1) of this Section, explaining how the 2 registered owner of the vehicle can elect to proceed by 3 either paying the fine or challenging the issuance of the 4 Uniform Traffic Citation. 5 (d-1) The written notice explaining the alleged 6 violator's rights and obligations must include the following 7 text: 8 "You have been served with the accompanying Uniform 9 Traffic Citation and cited with having violated Section 10 11-1201 of the Illinois Vehicle Code. You can elect to 11 proceed by: 12 1. Paying the fine; or 13 2. Challenging the issuance of the Uniform Traffic 14 Citation in court; or 15 3. If you were not the operator of the vehicle at the 16 time of the alleged offense, notifying in writing the 17 local law enforcement agency that issued the Uniform 18 Traffic Citation of the number of the Uniform Traffic 19 Citation received and the name and address of the person 20 operating the vehicle at the time of the alleged offense. 21 If you fail to so notify in writing the local law 22 enforcement agency of the name and address of the 23 operator of the vehicle at the time of the alleged 24 offense, you may be presumed to have been the operator of 25 the vehicle at the time of the alleged offense." 26 (d-2) If the registered owner of the vehicle was not the 27 operator of the vehicle at the time of the alleged offense, 28 and if the registered owner notifies the local law 29 enforcement agency having jurisdiction of the name and 30 address of the operator of the vehicle at the time of the 31 alleged offense, the local law enforcement agency having 32 jurisdiction shall then issue a written Uniform Traffic 33 Citation to the person alleged by the registered owner to 34 have been the operator of the vehicle at the time of the HB5240 Enrolled -17- LRB9212791AGmb 1 alleged offense. If the registered owner fails to notify in 2 writing the local law enforcement agency having jurisdiction 3 of the name and address of the operator of the vehicle at the 4 time of the alleged offense, the registered owner may be 5 presumed to have been the operator of the vehicle at the time 6 of the alleged offense. 7 (e) Evidence. 8 (i) A certificate alleging that a violation of 9 Section 11-1201 occurred, sworn to or affirmed by a duly 10 authorized agency, based on inspection of recorded images 11 produced by an automated railroad crossing enforcement 12 system are evidence of the facts contained in the 13 certificate and are admissible in any proceeding alleging 14 a violation under this Section. 15 (ii) Photographs or recorded images made by an 16 automatic railroad grade crossing enforcement system are 17 confidential and shall be made available only to the 18 alleged violator and governmental and law enforcement 19 agencies for purposes of adjudicating a violation of 20 Section 11-1201 of the Illinois Vehicle Code. However, 21 any photograph or other recorded image evidencing a 22 violation of Section 11-1201 shall be admissible in any 23 proceeding resulting from the issuance of the Uniform 24 Traffic Citation when there is reasonable and sufficient 25 proof of the accuracy of the camera or electronic 26 instrument recording the image. There is a rebuttable 27 presumption that the photograph or recorded image is 28 accurate if the camera or electronic recording instrument 29 was in good working order at the beginning and the end of 30 the day of the alleged offense. 31 (f) Rail crossings equipped with an automatic railroad 32 grade crossing enforcement system shall be posted with a sign 33 visible to approaching traffic stating that the railroad 34 grade crossing is being monitored, that citations will be HB5240 Enrolled -18- LRB9212791AGmb 1 issued, and the amount of the fine for violation. 2 (g) Except as provided in subsection (b-1), the cost of 3 the installation and maintenance of each automatic railroad 4 grade crossing enforcement system shall be paid from the 5 Grade Crossing Protection Fund if the rail line is not owned 6 by Commuter Rail Board of the Regional Transportation 7 Authority. Except as provided in subsection (b-1), if the 8 rail line is owned by the Commuter Rail Board of the Regional 9 Transportation Authority, the costs of the installation and 10 maintenance shall be paid from the Regional Transportation 11 Authority's portion of the Public Transportation Fund. 12 (h) The Illinois Commerce Commission shall issue a 13 report to the General Assembly at the conclusion of the 5 14 year pilot program established under subsection (b) on the 15 effectiveness of the automatic railroad grade crossing 16 enforcement system. 17 (i) If any part or parts of this Section are held by a 18 court of competent jurisdiction to be unconstitutional, the 19 unconstitutionality shall not affect the validity of the 20 remaining parts of this Section. The General Assembly hereby 21 declares that it would have passed the remaining parts of 22 this Section if it had known that the other part or parts of 23 this Section would be declared unconstitutional. 24 (j) Penalty. 25 (i) A violation of this Section is a petty offense 26 for which a fine of $250 shall be imposed for a first 27 violation, and a fine of $500 shall be imposed for a 28 second or subsequent violation. The court may impose 25 29 hours of community service in place of the $250 fine for 30 the first violation. 31 (ii) For a second or subsequent violation, the 32 Secretary of State may suspend the registration of the 33 motor vehicle for a period of at least 6 months. 34 (Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01; HB5240 Enrolled -19- LRB9212791AGmb 1 revised 10-18-01.)