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90_HB0218ham001
LRB9001013NTcwam
1 AMENDMENT TO HOUSE BILL 218
2 AMENDMENT NO. . Amend House Bill 218 by replacing
3 the title with the following:
4 "AN ACT concerning railroads, amending a named Act."; and
5 by replacing everything after enacting clause with the
6 following:
7 "Section 5. The Illinois Vehicle Code is amended by
8 changing Sections 11-205 and 18c-7403 as follows:
9 (625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
10 Sec. 11-205. Public officers and employees to obey
11 Act-Exceptions.
12 (a) The provisions of this Chapter applicable to the
13 drivers of vehicles upon the highways shall apply to the
14 drivers of all vehicles owned or operated by the United
15 States, this State or any county, city, town, district or any
16 other political subdivision of the State, except as provided
17 in this Section and subject to such specific exceptions as
18 set forth in this Chapter with reference to authorized
19 emergency vehicles.
20 (b) The driver of an authorized emergency vehicle, when
21 responding to an emergency call or when in the pursuit of an
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1 actual or suspected violator of the law or when responding to
2 but not upon returning from a fire alarm, may exercise the
3 privileges set forth in this Section, but subject to the
4 conditions herein stated.
5 (c) The driver of an authorized emergency vehicle may:
6 1. Park or stand, irrespective of the provisions of
7 this Chapter;
8 2. Proceed past a red or stop signal or stop sign,
9 but only after slowing down as may be required and
10 necessary for safe operation;
11 3. Exceed the maximum speed limits so long as he
12 does not endanger life or property;
13 4. Disregard regulations governing direction of
14 movement or turning in specified directions.;
15 5. Proceed past a rail crossing, when responding to
16 an emergency call, but only after slowing down as may be
17 necessary for safe operations.
18 (d) The exceptions herein granted to an authorized
19 emergency vehicle, other than a police vehicle, shall apply
20 only when the vehicle is making use of either an audible
21 signal when in motion or visual signals meeting the
22 requirements of Section 12-215 of this Act.
23 (e) The foregoing provisions do not relieve the driver
24 of an authorized emergency vehicle from the duty of driving
25 with due regard for the safety of all persons, nor do such
26 provisions protect the driver from the consequences of his
27 reckless disregard for the safety of others.
28 (f) Unless specifically made applicable, the provisions
29 of this Chapter, except those contained in Section 11-204 and
30 Articles IV and V of this Chapter, shall not apply to
31 persons, motor vehicles and equipment while actually engaged
32 in work upon a highway but shall apply to such persons and
33 vehicles when traveling to or from such work.
34 (Source: P.A. 89-710, eff. 2-14-97.)
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1 (625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
2 Sec. 18c-7403. Enforcement and Waiver of Safety
3 Requirements. (1) Enforcement. Except with regard to grade
4 crossing obstructions under Section 18c-7402 of this Chapter
5 and trespass on railroad rights of way and yards under
6 Section 18c-7503 of this Chapter, jurisdiction to initiate
7 actions to enforce provisions of this Chapter is vested
8 exclusively in the Commission. Where a valid federal
9 statute, regulation, or order sets forth procedures or
10 sanctions for violation of safety standards, and such
11 procedures or sanctions are preemptive of state law, the
12 Commission shall exercise its enforcement jurisdiction under
13 this Article in accordance therewith. Otherwise, the
14 provisions of this Chapter regarding enforcement procedures
15 and sanctions shall apply.
16 (2) Waiver. The Commission may waive any of the safety
17 requirements under this Article if continued adherence to the
18 requirement or requirements is not required for the safety of
19 railroad employees or the public.
20 (Source: P.A. 84-796.)
21 (625 ILCS 5/18c-7203 rep.)
22 (625 ILCS 5/18c-7301 rep.)
23 (625 ILCS 5/18c-7302 rep.)
24 Section 10. The Illinois Vehicle Code is amended by
25 repealing Sections 18c-7203, 18c-7301, and 18c-7302.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".