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90_HB0218eng 625 ILCS 5/18c-1204 from Ch. 95 1/2, par. 18c-1204 Amends the Illinois Vehicle Code to make a technical change to a provision concerning the Transportation Division of the Commerce Commission. Effective July 1, 1997. LRB9001013NTsb HB0218 Engrossed LRB9001013NTsb 1 AN ACT concerning railroads, amending a named Act. 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 11-205 and 18c-7403 as follows: 6 (625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205) 7 Sec. 11-205. Public officers and employees to obey 8 Act-Exceptions. 9 (a) The provisions of this Chapter applicable to the 10 drivers of vehicles upon the highways shall apply to the 11 drivers of all vehicles owned or operated by the United 12 States, this State or any county, city, town, district or any 13 other political subdivision of the State, except as provided 14 in this Section and subject to such specific exceptions as 15 set forth in this Chapter with reference to authorized 16 emergency vehicles. 17 (b) The driver of an authorized emergency vehicle, when 18 responding to an emergency call or when in the pursuit of an 19 actual or suspected violator of the law or when responding to 20 but not upon returning from a fire alarm, may exercise the 21 privileges set forth in this Section, but subject to the 22 conditions herein stated. 23 (c) The driver of an authorized emergency vehicle may: 24 1. Park or stand, irrespective of the provisions of 25 this Chapter; 26 2. Proceed past a red or stop signal or stop sign, 27 but only after slowing down as may be required and 28 necessary for safe operation; 29 3. Exceed the maximum speed limits so long as he 30 does not endanger life or property; 31 4. Disregard regulations governing direction of HB0218 Engrossed -2- LRB9001013NTsb 1 movement or turning in specified directions.;25. Proceed past a rail crossing, when responding to3an emergency call, but only after slowing down as may be4necessary for safe operations.5 (d) The exceptions herein granted to an authorized 6 emergency vehicle, other than a police vehicle, shall apply 7 only when the vehicle is making use of either an audible 8 signal when in motion or visual signals meeting the 9 requirements of Section 12-215 of this Act. 10 (e) The foregoing provisions do not relieve the driver 11 of an authorized emergency vehicle from the duty of driving 12 with due regard for the safety of all persons, nor do such 13 provisions protect the driver from the consequences of his 14 reckless disregard for the safety of others. 15 (f) Unless specifically made applicable, the provisions 16 of this Chapter, except those contained in Section 11-204 and 17 Articles IV and V of this Chapter, shall not apply to 18 persons, motor vehicles and equipment while actually engaged 19 in work upon a highway but shall apply to such persons and 20 vehicles when traveling to or from such work. 21 (Source: P.A. 89-710, eff. 2-14-97.) 22 (625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403) 23 Sec. 18c-7403. Enforcement and Waiver of Safety 24 Requirements. (1) Enforcement. Except with regard to grade 25 crossing obstructions under Section 18c-7402 of this Chapter 26 and trespass on railroad rights of way and yards under 27 Section 18c-7503 of this Chapter, jurisdiction to initiate 28 actions to enforce provisions of this Chapter is vested 29 exclusively in the Commission. Where a valid federal 30 statute, regulation, or order sets forth procedures or 31 sanctions for violation of safety standards, and such 32 procedures or sanctions are preemptive of state law, the 33 Commission shall exercise its enforcement jurisdiction under HB0218 Engrossed -3- LRB9001013NTsb 1 this Article in accordance therewith. Otherwise, the 2 provisions of this Chapter regarding enforcement procedures 3 and sanctions shall apply. 4 (2) Waiver. The Commission may waive any of the safety 5 requirements under this Article if continued adherence to the 6 requirement or requirements is not required for the safety of 7 railroad employees or the public. 8 (Source: P.A. 84-796.) 9 (625 ILCS 5/18c-7203 rep.) 10 (625 ILCS 5/18c-7301 rep.) 11 (625 ILCS 5/18c-7302 rep.) 12 Section 10. The Illinois Vehicle Code is amended by 13 repealing Sections 18c-7203, 18c-7301, and 18c-7302. 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.