Public Act 096-1244
 
HB5712 EnrolledLRB096 20246 AJT 35829 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 1-167, 1-187.001, 6-514, 11-1011, 11-1201, 11-1202, 
and 11-1203 and by adding Section 1-167.5 as follows:
 



    (625 ILCS 5/1-167)  (from Ch. 95 1/2, par. 1-167)



    Sec. 1-167. Railroad sign or signal. Any sign, signal
or 
device, other than an official traffic control signal or

device, erected in accordance with the laws governing same and 
intended
to give notice of the presence of railroad tracks or 
the approach of a railroad train or railroad track equipment.

(Source: P.A. 83-831.)

 
    (625 ILCS 5/1-167.5 new)
    Sec. 1-167.5. Railroad track equipment. All vehicles 
operated upon rails for the purpose of the  maintenance of 
railroads including, but not limited to, all hi-rail vehicles 
and on-track roadway maintenance machines, as defined in 49 
CFR, Part 214.7.
 



    (625 ILCS 5/1-187.001)



    Sec. 1-187.001. Serious traffic violation. 

    (a) A conviction when operating a motor vehicle for:


        (1) a violation of subsection (a) of Section 11-402, 
    relating to a motor
vehicle
accident involving damage to a 
    vehicle;


        (2) a violation of Section 11-403, relating to failure 
    to stop and
exchange information after a motor vehicle 
    collision, property damage only;


        (3) a violation of subsection (a) of Section 11-502, 
    relating to illegal
transportation, possession, or 
    carrying of alcoholic liquor within the
passenger area of 
    any vehicle;


        (4) a violation of Section 6-101 relating to operating 
    a motor vehicle
without a
valid license or permit;


        (5) a violation of Section 11-403, relating to failure 
    to stop and
exchange information or give aid after a motor 
    vehicle collision involving
personal injury or death;


        (6) a violation relating to excessive speeding, 
    involving a single
speeding charge of 30 miles per hour or 
    more above the legal speed limit;


        (7) a violation relating to reckless driving;


        (8) a violation of subsection (d) of Section 11-707, 
    relating to passing
in a no-passing zone;


        (9) a violation of subsection (b) of Section 11-1402, 
    relating to
limitations on backing
upon a controlled access 
    highway;


        (10) a violation of subsection (b) of Section 11-707, 
    relating to driving
on the left
side of a roadway in a 
    no-passing zone;


        (11) a violation of subsection (e) of Section 11-1002, 
    relating to failure
to yield
the right-of-way to a 
    pedestrian at an intersection;


        (12) a violation of Section 11-1008, relating to 
    failure to yield to a
pedestrian on a sidewalk; or


        (13) a violation of Section 11-1201, relating to 
    failure to stop for an
approaching railroad train or 
    railroad track equipment or signals; or

    (b) Any other similar violation of a law or local ordinance 
of any state
relating to motor vehicle traffic control, other 
than a parking violation. 

    (c) A violation of any of these defined serious traffic 
offenses shall
not preclude the defendant from being eligible 
to receive an order of court
supervision under Section 5-6-1 of 
the Unified Code of Corrections.

(Source: P.A. 90-369, eff. 1-1-98.)

 



    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)



    Sec. 6-514. Commercial Driver's License (CDL) - 
Disqualifications. 

    (a) A person shall be disqualified from driving a 
commercial motor
vehicle for a period of not less than 12 
months for the first violation of:


        (1) Refusing to submit to or failure to complete a test 
    or tests to
determine the driver's blood concentration of 
    alcohol, other drug, or both,
while driving a commercial 
    motor vehicle or, if the driver is a CDL holder, while 
    driving a non-CMV; or


        (2) Operating a commercial motor vehicle while the 
    alcohol
concentration of the person's blood, breath or 
    urine is at least 0.04, or any
amount of a drug, substance, 
    or compound in the person's blood or urine
resulting from 
    the unlawful use or consumption of cannabis listed in the

    Cannabis Control Act, a controlled substance listed in the 
    Illinois
Controlled Substances Act, or methamphetamine as 
    listed in the Methamphetamine Control and Community 
    Protection Act as indicated by a police officer's sworn 
    report or
other verified evidence; or operating a 
    non-commercial motor vehicle while the alcohol 
    concentration of the person's blood, breath, or urine was 
    above the legal limit defined in Section 11-501.1 or 
    11-501.8 or any amount of a drug, substance, or compound in 
    the person's blood or urine resulting from the unlawful use 
    or consumption of cannabis listed in the Cannabis Control 
    Act, a controlled substance listed in the Illinois 
    Controlled Substances Act, or methamphetamine as listed in 
    the Methamphetamine Control and Community Protection Act

    as indicated by a police officer's sworn report or other 
    verified evidence while holding a commercial driver's 
    license; or



        (3) Conviction for a first violation of:


            (i) Driving a commercial motor vehicle or, if the 
        driver is a CDL holder, driving a non-CMV while under 
        the influence of
alcohol, or any other drug, or 
        combination of drugs to a degree which
renders such 
        person incapable of safely driving; or


            (ii) Knowingly and wilfully leaving the scene of an 
        accident while
operating a commercial motor vehicle 
        or, if the driver is a CDL holder, while driving a 
        non-CMV; or


            (iii) Driving a commercial motor vehicle or, if the 
        driver is a CDL holder, driving a non-CMV while 
        committing any felony; or
            (iv) Driving a commercial motor vehicle while the 
        person's driving privileges or driver's license or 
        permit is revoked, suspended, or cancelled or the 
        driver is disqualified from operating a commercial 
        motor vehicle; or
            (v) Causing a fatality through the negligent 
        operation of a commercial motor vehicle, including but 
        not limited to the crimes of motor vehicle 
        manslaughter, homicide by a motor vehicle, and 
        negligent homicide.
            As used in this subdivision (a)(3)(v), "motor 
        vehicle manslaughter" means the offense of involuntary 
        manslaughter if committed by means of a vehicle; 
        "homicide by a motor vehicle" means the offense of  
        first degree murder or second degree murder, if either 
        offense is committed by means of a vehicle; and 
        "negligent homicide" means reckless homicide under 
        Section 9-3 of the Criminal Code of 1961 and aggravated 
        driving under the influence of alcohol, other drug or 
        drugs, intoxicating compound or compounds, or any 
        combination thereof under subdivision (d)(1)(F) of 
        Section 11-501 of this Code.



        If any of the above violations or refusals occurred 
    while
transporting hazardous material(s) required to be 
    placarded, the person
shall be disqualified for a period of 
    not less than 3 years.

    (b) A person is disqualified for life for a second 
conviction of any of
the offenses specified in paragraph (a), 
or any combination of those
offenses, arising from 2 or more 
separate incidents.

    (c) A person is disqualified from driving a commercial 
motor vehicle for
life if the person either (i) uses a 
commercial motor vehicle in the commission of any felony

involving the manufacture, distribution, or dispensing of a 
controlled
substance, or possession with intent to 
manufacture, distribute or dispense
a controlled substance or 
(ii) if the person is a CDL holder, uses a non-CMV in the 
commission of a felony involving any of those activities.

    (d) The Secretary of State may, when the United States 
Secretary of
Transportation so authorizes, issue regulations 
in which a disqualification
for life under paragraph (b) may be 
reduced to a period of not less than 10
years.
If a reinstated 
driver is subsequently convicted of another disqualifying

offense, as specified in subsection (a) of this Section, he or 
she shall be
permanently disqualified for life and shall be 
ineligible to again apply for a
reduction of the lifetime 
disqualification.

    (e) A person is disqualified from driving a commercial 
motor vehicle for
a period of not less than 2 months if 
convicted of 2 serious traffic
violations, committed in a 
commercial motor vehicle, arising from separate
incidents, 
occurring within a 3 year period.  However, a person will be

disqualified from driving a commercial motor vehicle for a 
period of not less
than 4 months if convicted of 3 serious 
traffic violations, committed in a
commercial motor vehicle, 
arising from separate incidents, occurring within a 3
year 
period.

    (e-1) A person is disqualified from driving a commercial 
motor vehicle for a period of not less than 2 months if 
convicted of 2 serious traffic violations committed in a 
non-CMV while holding a CDL, arising from separate incidents, 
occurring within a 3 year period, if the convictions would 
result in the suspension or revocation of the CDL holder's 
non-CMV privileges.  A person shall be disqualified from driving 
a commercial motor vehicle for a period of not less than 4 
months, however, if he or she is convicted of 3 or more serious 
traffic violations committed in a non-CMV while holding a CDL, 
arising from separate incidents, occurring within a 3 year 
period, if the convictions would result in the suspension or 
revocation of the CDL holder's non-CMV privileges.

    (f) Notwithstanding any other provision of this Code, any 
driver
disqualified from operating a commercial motor vehicle, 
pursuant to this
UCDLA, shall not be eligible for restoration 
of commercial driving
privileges during any such period of 
disqualification.

    (g) After suspending, revoking, or cancelling a commercial 
driver's
license, the Secretary of State must update the 
driver's records to reflect
such action within 10 days.  After 
suspending or revoking the driving privilege
of any person who 
has been issued a CDL or commercial driver instruction permit

from another jurisdiction, the Secretary shall originate 
notification to
such issuing jurisdiction within 10 days.

    (h) The "disqualifications" referred to in this Section 
shall not be
imposed upon any commercial motor vehicle driver, 
by the Secretary of
State, unless the prohibited action(s) 
occurred after March 31, 1992.

    (i) A person is disqualified from driving a commercial 
motor vehicle in
accordance with the following:


        (1) For 6 months upon a first conviction of paragraph 
    (2) of subsection
(b) or subsection (b-3) of Section 6-507 
    of this Code.


        (2) For 2 years upon a second conviction of paragraph 
    (2) of subsection
(b) or subsection (b-3) or any 
    combination of paragraphs (2) or (3) of subsection (b) or 
    subsections (b-3) or (b-5) of Section 6-507 of this Code 
    within a 10-year period if the second conviction is a 
    violation of paragraph (2) of subsection (b) or  subsection 
    (b-3).


        (3) For 3 years upon a third or subsequent conviction 
    of paragraph (2) of
subsection (b) or subsection (b-3) or 
    any combination of paragraphs (2) or (3) of subsection (b) 
    or subsections (b-3) or (b-5) of Section 6-507 of this Code 
    within a 10-year period if the third or subsequent 
    conviction is a violation of paragraph (2) of subsection 
    (b) or subsection (b-3).


        (4) For one year upon a first conviction of paragraph 
    (3) of subsection
(b) or subsection (b-5) of Section 6-507 
    of this Code.


        (5) For 3 years upon a second conviction of paragraph 
    (3) of subsection
(b) or subsection (b-5) or any 
    combination of paragraphs (2) or (3) of subsection (b) or 
    subsections (b-3) or (b-5) of Section 6-507 of this Code 
    within a 10-year period if the second conviction is a 
    violation of paragraph (3) of subsection (b) or (b-5).


        (6) For 5 years upon a third or subsequent conviction 
    of paragraph (3) of
subsection (b) or subsection (b-5) or 
    any combination of paragraphs (2) or (3) of subsection (b) 
    or subsections (b-3) or (b-5) of Section 6-507 of this Code 
    within a 10-year period if the third or subsequent 
    conviction is a violation of paragraph (3) of subsection 
    (b) or (b-5).

    (j) Disqualification for railroad-highway grade crossing

violation.


        (1) General rule. A driver who is convicted of a 
    violation of a federal,
State, or
local law or regulation 
    pertaining to
one of the following 6 offenses at a 
    railroad-highway grade crossing must be
disqualified
from 
    operating a commercial motor vehicle for the period of time 
    specified in
paragraph (2) of this subsection (j) if the 
    offense was committed while
operating a commercial motor 
    vehicle:


            (i) For drivers who are not required to always 
        stop, failing to
slow down and check that the tracks 
        are clear of an approaching train or railroad track 
        equipment, as
described in subsection (a-5) of Section 
        11-1201 of this Code;


            (ii) For drivers who are not required to always 
        stop, failing to
stop before reaching the crossing, if 
        the tracks are not clear, as described in
subsection 
        (a) of Section 11-1201 of this Code;


            (iii) For drivers who are always required to stop, 
        failing to stop
before driving onto the crossing, as 
        described in Section 11-1202 of this Code;


            (iv) For all drivers, failing to have sufficient 
        space to drive
completely through the crossing without 
        stopping, as described in subsection
(b) of Section 
        11-1425 of this Code;


            (v) For all drivers, failing to obey a traffic 
        control device or
the directions of an enforcement 
        official at the crossing, as described in
subdivision 
        (a)2 of Section 11-1201 of this Code;


            (vi) For all drivers, failing to negotiate a 
        crossing because of
insufficient undercarriage 
        clearance, as described in subsection (d-1) of
Section 
        11-1201 of this Code.


        (2) Duration of disqualification for railroad-highway 
    grade
crossing violation.


            (i) First violation. A driver must be disqualified 
        from operating a
commercial motor vehicle
for not less 
        than 60 days if the driver is convicted of a violation 
        described
in paragraph
(1) of this subsection (j) and, 
        in the three-year period preceding the
conviction, the 
        driver
had no convictions for a violation described in 
        paragraph (1) of this
subsection (j).


            (ii) Second violation. A driver must be 
        disqualified from operating a
commercial
motor vehicle

        for not less
than 120 days if the driver is convicted

        of a violation described in paragraph (1) of this 
        subsection (j) and, in the
three-year
period preceding 
        the conviction, the driver had one other conviction for 
        a
violation
described in paragraph (1) of this 
        subsection (j) that was committed in a
separate

        incident.


            (iii) Third or subsequent violation. A driver must 
        be disqualified from
operating a
commercial motor 
        vehicle
for not less than one year if the driver is 
        convicted
of a violation described in paragraph (1) of 
        this subsection (j) and, in the
three-year
period 
        preceding the conviction, the driver had 2 or more 
        other convictions for
violations
described in 
        paragraph (1) of this subsection (j) that were 
        committed in
separate incidents.

    (k) Upon notification of a disqualification of a driver's 
commercial motor vehicle privileges imposed by the U.S. 
Department of Transportation, Federal Motor Carrier Safety 
Administration, in accordance with 49 C.F.R. 383.52, the 
Secretary of State shall immediately record to the driving 
record the notice of disqualification and confirm to the driver 
the action that has been taken.

(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)

 



    (625 ILCS 5/11-1011)  (from Ch. 95 1/2, par. 11-1011)



    Sec. 11-1011. Bridge and railroad signals. 

    (a) No pedestrian
shall enter or remain
upon any bridge or 
approach thereto beyond the bridge signal, gate, or
barrier 
after a bridge operation signal indication has been given.

    (b) No pedestrian shall pass through, around, over, or 
under any
crossing gate or barrier at a railroad grade crossing 
or bridge while such
gate or barrier is closed or is being 
opened or closed.

    (c) No pedestrian shall enter, remain upon or traverse over 
a railroad
grade crossing or pedestrian walkway crossing a 
railroad track when an
audible bell or clearly visible electric 
or mechanical signal device is
operational giving warning of 
the presence, approach, passage, or
departure of a
railroad 
train or railroad track equipment. 

    (d) A violation of any part of this Section is a petty 
offense for
which a $250 fine shall be imposed for a first 
violation, and a $500 fine shall
be imposed for a
second or 
subsequent violation.  The court may impose 25 hours of 
community
service in place of the $250
fine for a
first 
violation.

    (e) Local authorities shall impose fines as established in 
subsection (d)
for pedestrians who fail to obey signals 
indicating the presence,
approach, passage, or
departure of
a 
train or railroad track equipment.

(Source: P.A. 92-814, eff. 1-1-03.)

 



    (625 ILCS 5/11-1201)  (from Ch. 95 1/2, par. 11-1201)



    Sec. 11-1201. Obedience to signal indicating approach of 
train or railroad track equipment. 

    (a) Whenever any person driving a vehicle approaches a 
railroad grade
crossing where the driver is not always required 
to stop, the
person must
exercise due care and caution as the 
existence of
a railroad track across a highway is a warning of 
danger, and under any of
the circumstances stated in this 
Section, the driver shall stop within 50
feet but not less than 
15 feet from the nearest rail of the railroad and
shall not 
proceed until the tracks are clear and he or she can do so

safely.  The
foregoing requirements
shall apply when:


        1. A clearly visible electric or mechanical signal 
    device gives warning
of the immediate approach of a 
    railroad train or railroad track equipment;


        2. A crossing gate is lowered or a human flagman gives 
    or continues to
give a signal of the approach or passage of 
    a railroad train or railroad track equipment;


        3. A railroad train or railroad track equipment 
    approaching a highway crossing emits a warning
signal and 
    such railroad train or railroad track equipment, by reason 
    of its speed or nearness to such
crossing, is an immediate 
    hazard;


        4. An approaching railroad train or railroad track 
    equipment is plainly visible and is in hazardous
proximity 
    to such crossing;


        5. A railroad train or railroad track equipment is 
    approaching so closely that an immediate hazard
is created.

    (a-5) Whenever a person driving a vehicle approaches a 
railroad grade
crossing where the driver is not always required 
to stop but must slow down,
the person must exercise due care 
and caution as the existence of a railroad
track across a 
highway is a warning of danger, and under any of the

circumstances stated in this Section, the driver shall slow 
down within 50 feet
but not less than 15 feet from the nearest 
rail of the railroad and shall not
proceed until he or she 
checks that the tracks are clear of an approaching
train or 
railroad track equipment.

    (b) No person shall drive any vehicle through, around
or 
under any crossing gate or barrier at a railroad crossing
while 
such gate or barrier is closed or is being opened or closed.

    (c) The Department, and local authorities with the
approval 
of the Department, are hereby authorized to designate

particularly dangerous highway grade crossings of railroads

and to erect stop signs thereat.  When such stop signs
are 
erected the driver of any vehicle shall stop within 50
feet but 
not less than 15 feet from the nearest rail of such
railroad 
and shall proceed only upon exercising due care.

    (d) At any railroad grade crossing provided with railroad 
crossbuck signs,
without automatic, electric, or mechanical 
signal devices, crossing gates, or a
human flagman giving a 
signal of the approach or passage of a train or railroad track 
equipment, the driver
of a vehicle shall in obedience to the 
railroad crossbuck sign, yield the
right-of-way and slow down 
to a speed reasonable for the existing conditions
and shall 
stop, if required for safety, at a clearly marked stopped line, 
or if
no stop line, within 50 feet but not less than 15 feet 
from the nearest rail of
the railroad and shall not proceed 
until he or she can do so safely.  If a
driver is involved in a 
collision at a railroad crossing or interferes with the

movement of a train or railroad track equipment after driving 
past the railroad crossbuck sign, the
collision or interference 
is prima facie evidence of the driver's
failure to yield 
right-of-way.

    (d-1) No person shall, while driving a commercial motor 
vehicle, fail to
negotiate
a railroad-highway grade railroad 
crossing because of insufficient
undercarriage
clearance.

    (d-5) (Blank).

    (e) It is unlawful to violate any part of this
Section.


        (1) A violation of this Section is a petty offense for 
    which a fine of
$250 shall be imposed for a first 
    violation, and a fine of $500 shall be
imposed for a second 
    or subsequent violation.  The court may impose 25 hours of

    community service in place of the $250 fine for the first 
    violation.


        (2) For a second or subsequent violation, the Secretary 
    of State may
suspend the driving privileges of the offender 
    for a minimum of 6 months.

    (f) Corporate authorities of municipal corporations

regulating operators of vehicles that fail to obey signals 
indicating the
presence,
approach, passage, or departure of a

train or railroad track equipment shall impose fines as 
established in subsection (e) of this Section.

(Source: P.A. 95-331, eff. 8-21-07.)

 



    (625 ILCS 5/11-1202)  (from Ch. 95 1/2, par. 11-1202)


    Sec. 11-1202. Certain vehicles must stop at all railroad 
grade
crossings.

    (a) The driver of any of the following vehicles shall, 
before
crossing a railroad track or tracks at grade, stop such 
vehicle within 50
feet but not less than 15 feet from the 
nearest rail and, while so stopped,
shall listen and look for 
the approach of a train or railroad track equipment and shall 
not proceed
until such movement can be made with safety:


        1. Any second division vehicle carrying passengers for 
    hire;


        2. Any bus that meets all of the special requirements 
    for school buses in
Sections 12-801, 12-803, and 12-805 of 
    this Code. The driver of the bus, in addition to complying 
    with all other applicable requirements of this subsection 
    (a), must also (i) turn off all noise producing 
    accessories, including heater blowers, defroster fans, 
    auxiliary fans, and radios, and (ii) open the service door 
    and driver's window, before crossing a railroad track or 
    tracks;


        3. Any other vehicle which is required by Federal or 
    State law to be
placarded when carrying as a cargo or part 
    of a cargo hazardous material as
defined in the "Illinois 
    Hazardous Materials Transportation Act".

    After stopping as required in this Section, the driver 
shall proceed only in
a gear not requiring a change of gears 
during the crossing, and the driver
shall not shift gears while 
crossing the track or tracks.

    (b) This Section shall not apply:


        1. At any railroad grade crossing where traffic is 
    controlled by a police
officer or flagperson;


        2. At any railroad grade crossing controlled by a 
    functioning
traffic-control signal transmitting a green 
    indication which, under law,
permits the vehicle to proceed 
    across the railroad tracks without slowing
or stopping, 
    except that subsection (a) shall apply to
any school bus;


        3. At any streetcar grade crossing within a business or

    residence district; or


        4. At any abandoned, industrial or spur track railroad 
    grade
crossing designated as exempt by the Illinois 
    Commerce Commission and
marked with an official sign as 
    authorized in the State Manual on Uniform
Traffic Control 
    Devices for Streets and Highways.

(Source: P.A. 94-519, eff. 8-10-05; 95-756, eff. 1-1-09.)

 



    (625 ILCS 5/11-1203)  (from Ch. 95 1/2, par. 11-1203)



    Sec. 11-1203. Moving heavy equipment at railroad grade 
crossing. 

    (a) No person shall operate or move any crawler-type 
tractor, power
shovel, derrick, roller, or any equipment or 
structure having a normal
operating speed of 10 or less miles 
per hour, or, for such equipment with
18 feet or less distance 
between two adjacent axles, having a vertical body
or load 
clearance of less than 9 inches above a level surface, or, for 
such
equipment with more than 18 feet between two adjacent 
axles, having a
vertical body or load clearance of less than 
1/2 inch per foot of distance
between such adjacent axles above 
a level surface upon or across any tracks
at a railroad grade 
crossing without first complying with this Section.

    (b) Notice of any such intended crossing shall be given to 
a
superintendent of such railroad and a reasonable time be 
given to such
railroad to provide proper protection at such 
crossing.

    (c) Before making any such crossing the person operating or 
moving any
such vehicle or equipment shall first stop the same 
not less than 15 feet
nor more than 50 feet from the nearest 
rail of such railway and while so
stopped shall listen and look 
in both directions along such track for any
approaching train 
or railroad track equipment and for signals indicating the 
approach of a train or railroad track equipment, and
shall not 
proceed until the crossing can be made safely.

    (d) No such crossing shall be made when warning is given by 
automatic
signal or crossing gates or a flagman or otherwise of 
the immediate
approach of a railroad train, railroad track 
equipment, or car.

(Source: P.A. 76-2172.)

  


Effective Date:  1/1/2011