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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 11-1201 as follows:
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| 6 | | (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
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| 7 | | Sec. 11-1201. Obedience to signal indicating approach of |
| 8 | | train or railroad track equipment.
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| 9 | | (a) Whenever any person driving a vehicle approaches a |
| 10 | | railroad grade
crossing where the driver is not always required |
| 11 | | to stop, the
person must
exercise due care and caution as the |
| 12 | | existence of
a railroad track across a highway is a warning of |
| 13 | | danger, and under any of
the circumstances stated in this |
| 14 | | Section, the driver shall stop within 50
feet but not less than |
| 15 | | 15 feet from the nearest rail of the railroad and
shall not |
| 16 | | proceed until the tracks are clear and he or she can do so
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| 17 | | safely. The
foregoing requirements
shall apply when:
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| 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;
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| 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;
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| 6 | | 4. An approaching railroad train or railroad track |
| 7 | | equipment is plainly visible and is in hazardous
proximity |
| 8 | | to such crossing;
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| 9 | | 5. A railroad train or railroad track equipment is |
| 10 | | approaching so closely that an immediate hazard
is created.
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| 11 | | (a-5) Whenever a person driving a vehicle approaches a |
| 12 | | railroad grade
crossing where the driver is not always required |
| 13 | | to stop but must slow down,
the person must exercise due care |
| 14 | | and caution as the existence of a railroad
track across a |
| 15 | | highway is a warning of danger, and under any of the
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| 16 | | circumstances stated in this Section, the driver shall slow |
| 17 | | down within 50 feet
but not less than 15 feet from the nearest |
| 18 | | rail of the railroad and shall not
proceed until he or she |
| 19 | | checks that the tracks are clear of an approaching
train or |
| 20 | | railroad track equipment.
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| 21 | | (b) No person shall drive any vehicle through, around
or |
| 22 | | under any crossing gate or barrier at a railroad crossing
while |
| 23 | | such gate or barrier is closed or is being opened or closed.
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| 24 | | (c) The Department, and local authorities with the
approval |
| 25 | | of the Department, are hereby authorized to designate
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| 26 | | particularly dangerous highway grade crossings of railroads
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| 1 | | and to erect stop signs thereat. When such stop signs
are |
| 2 | | erected the driver of any vehicle shall stop within 50
feet but |
| 3 | | not less than 15 feet from the nearest rail of such
railroad |
| 4 | | and shall proceed only upon exercising due care.
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| 5 | | (d) At any railroad grade crossing provided with railroad |
| 6 | | crossbuck signs,
without automatic, electric, or mechanical |
| 7 | | signal devices, crossing gates, or a
human flagman giving a |
| 8 | | signal of the approach or passage of a train or railroad track |
| 9 | | equipment, the driver
of a vehicle shall in obedience to the |
| 10 | | railroad crossbuck sign, yield the
right-of-way and slow down |
| 11 | | to a speed reasonable for the existing conditions
and shall |
| 12 | | stop, if required for safety, at a clearly marked stopped line, |
| 13 | | or if
no stop line, within 50 feet but not less than 15 feet |
| 14 | | from the nearest rail of
the railroad and shall not proceed |
| 15 | | until he or she can do so safely. If a
driver is involved in a |
| 16 | | collision at a railroad crossing or interferes with the
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| 17 | | movement of a train or railroad track equipment after driving |
| 18 | | past the railroad crossbuck sign, the
collision or interference |
| 19 | | is prima facie evidence of the driver's
failure to yield |
| 20 | | right-of-way.
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| 21 | | (d-1) No person shall, while driving a commercial motor |
| 22 | | vehicle, fail to
negotiate
a railroad-highway grade railroad |
| 23 | | crossing because of insufficient
undercarriage
clearance.
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| 24 | | (d-5) (Blank).
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| 25 | | (e) It is unlawful to violate any part of this
Section.
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| 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.
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| 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.
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| 9 | | (f) Corporate authorities of municipal corporations
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| 10 | | regulating operators of vehicles that fail to obey signals |
| 11 | | indicating the
presence,
approach, passage, or departure of a
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| 12 | | train or railroad track equipment shall impose fines as |
| 13 | | established in subsection (e) of this Section.
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| 14 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1244, eff. 1-1-11.)
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