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Public Act 92-0098
HB0123 Enrolled LRB9201036DHmb
AN ACT to amend the Illinois Vehicle Code by changing
Section 11-1201.1.
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 Section 11-1201.1 as follows:
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system
operated by a law enforcement agency that records a driver's
response to automatic, electrical or mechanical signal
devices and crossing gates. The system shall be designed to
obtain a clear photograph or other recorded image of the
vehicle, vehicle operator and the vehicle registration plate
of a vehicle in violation of Section 11-1201. The photograph
or other recorded image shall also display the time, date and
location of the violation.
(b) Commencing on January 1, 1996, the Illinois Commerce
Commission and the Commuter Rail Board of the Regional
Transportation Authority shall, in cooperation with local law
enforcement agencies, establish a two year pilot program
within a county with a population of between 750,000 and
1,000,000 using an automated railroad grade crossing
enforcement system. The Commission shall determine the 3
railroad grade crossings within that county that pose the
greatest threat to human life based upon the number of
accidents and fatalities at the crossings during the past 5
years and with approval of the local law enforcement agency
equip the crossings with an automated railroad grade crossing
enforcement system.
(b-1) Commencing on the effective date of this
amendatory Act of the 92nd General Assembly, the Illinois
Commerce Commission and the Commuter Rail Board may, in
cooperation with the local law enforcement agency, establish
in a county with a population of between 750,000 and
1,000,000 a 2 year pilot program using an automated railroad
grade crossing enforcement system. This pilot program may be
established at a railroad grade crossing designated by local
authorities. No State moneys may be expended on the automated
railroad grade crossing enforcement system established under
this pilot program.
(c) For each violation of Section 11-1201 recorded by an
automatic railroad grade crossing system, the local law
enforcement agency having jurisdiction shall issue a written
Uniform Traffic Citation of the violation to the registered
owner of the vehicle. The Uniform Traffic Citation shall be
delivered to the registered owner, by mail, within 30 days of
the violation. The Uniform Traffic Citation shall include
the name and address of vehicle owner, the vehicle
registration number, the offense charged, the time, date, and
location of the violation, the first available court date and
that the basis of the citation is the photograph or other
recorded image from the automated railroad grade crossing
enforcement system.
(d) The Uniform Traffic Citation issued to the violator
shall be accompanied by a written document which explains the
violator's rights and obligations and how the violator can
elect to proceed by either paying the fine or challenging the
issuance of the Uniform Traffic Citation.
(e) Any photograph or other recorded image evidencing a
violation of Section 11-1201 shall be admissible in any
proceeding resulting from the issuance of the Uniform Traffic
Citation. Photographs or recorded images made by an
automatic railroad grade crossing enforcement system shall be
confidential, and shall be made available only to the
defendant, governmental and law enforcement agencies for the
purposes of adjudicating a violation of Section 11-1201 of
the Illinois Vehicle Code.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad
grade crossing is being monitored, that citations will be
issued, and the amount of the fine for violation.
(g) Except as provided in subsection (b-1), the cost of
the installation and maintenance of each automatic railroad
grade crossing enforcement system shall be paid from the
Grade Crossing Protection Fund if the rail line is not owned
by Commuter Rail Board of the Regional Transportation
Authority. Except as provided in subsection (b-1), if the
rail line is owned by the Commuter Rail Board of the Regional
Transportation Authority, the costs of the installation and
maintenance shall be paid from the Regional Transportation
Authority's portion of the Public Transportation Fund.
(h) The Illinois Commerce Commission shall issue a
report to the General Assembly at the conclusion of the two
year pilot program established under subsection (b) on the
effectiveness of the automatic railroad grade crossing
enforcement system.
(Source: P.A. 89-454, eff. 5-17-96; 90-14, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 02, 2001.
Approved July 20, 2001.
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