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Public Act 92-0834
HB4953 Enrolled LRB9213005LBpr
AN ACT concerning motor vehicles.
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 1-197.5, 6-205, 6-500, 6-506, 6-514, and
11-1201 as follows:
(625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
Sec. 1-197.5. Statutory summary alcohol or other drug
related suspension of driver's privileges. The withdrawal by
the circuit court of a person's license or privilege to
operate a motor vehicle on the public highways for the
periods provided in Section 6-208.1. Reinstatement after the
suspension period shall occur after all appropriate fees have
been paid, unless the court notifies the Secretary of State
that the person should be disqualified. The bases for this
withdrawal of driving privileges shall be the individual's
refusal to submit to or failure to complete a chemical test
or tests following an arrest for the offense of driving under
the influence of alcohol, or other drugs, or intoxicating
compounds, or any combination thereof, or both, or submission
to such a test or tests indicating an alcohol concentration
of 0.08 or more as provided in Section 11-501.1 of this Code.
(Source: P.A. 90-89, eff. 1-1-98; incorporates 90-43, eff.
7-2-97; 90-655, eff. 7-30-98.)
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, or permit, or
driving privileges of any driver upon receiving a report of
the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of any the offense of automobile
theft as defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 of the Juvenile Court Act of 1987
that the minor has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. The Secretary may not, however, issue a
restricted driving permit to any person whose current
revocation is the result of a second or subsequent conviction
for a violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating to the offense of
operating or being in physical control of a motor vehicle
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any similar
out-of-state offense, or any combination thereof, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of
this Section, no restricted driving permit shall be issued
until the individual has served 6 months of the revocation
period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The revocation periods contained
in this subparagraph shall apply to similar out-of-state
convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for
certification and use of the interlock system.
(i) The Secretary of State may not issue a restricted
driving permit for a period of one year after a second or
subsequent revocation of driving privileges under clause
(a)(2) of this Section; however, one year after the date of a
second or subsequent revocation of driving privileges under
clause (a)(2) of this Section, the Secretary of State may,
upon application, issue a restricted driving permit under the
terms and conditions of subsection (c).
(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01;
92-418, eff. 8-17-01; revised 8-24-01.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below shall have
the meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing
any form of alcohol, including but not limited to: ethanol,;
methanol,; propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration"
means:
(A) (a) the number of grams of alcohol per 210
liters of breath; or
(B) (b) the number of grams of alcohol per 100
milliliters of blood; or
(C) (c) the number of grams of alcohol per 67
milliliters of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" means a motor
vehicle, except those referred to in subdivision (B)
paragraph (d), designed to transport passengers or
property if:
(i) (a) the vehicle has a GVWR of 26,001
pounds or more or such a lesser GVWR as subsequently
determined by federal regulations or the Secretary
of State; or any combination of vehicles with a GCWR
of 26,001 pounds or more, provided the GVWR of any
vehicle or vehicles being towed is 10,001 pounds or
more; or
(ii) (b) the vehicle is designed to transport
16 or more persons; or
(iii) (c) the vehicle is transporting
hazardous materials and is required to be placarded
in accordance with 49 C.F.R. Part 172, subpart F.
(B) (d) Pursuant to the interpretation of the
Commercial Motor Vehicle Safety Act of 1986 by the
Federal Highway Administration, the definition of
"commercial motor vehicle" does not include:
(i) recreational vehicles, when operated
primarily for personal use;
(ii) United States Department of Defense
vehicles being operated by non-civilian personnel.
This includes any operator on active military duty;
members of the Reserves; National Guard; personnel
on part-time training; and National Guard military
technicians (civilians who are required to wear
military uniforms and are subject to the Code of
Military Justice); or
(iii) firefighting and other emergency
equipment with audible and visual signals, owned or
operated by or for a governmental entity, which is
necessary to the preservation of life or property or
the execution of emergency governmental functions
which are normally not subject to general traffic
rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the
Illinois Controlled Substances Act, and shall also include
cannabis as defined in Section 3 of the Cannabis Control Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered; or a violation
of a condition of release without bail, regardless of whether
or not the penalty is rebated, suspended or probated.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, or who is required to hold a CDL.
(14) Employee. "Employee" means a person who is
employed as a commercial motor vehicle driver. A person who
is self-employed as a commercial motor vehicle driver must
comply with the requirements of this UCDLA pertaining to
employees. An owner-operator on a long-term lease shall be
considered an employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or
leases a commercial motor vehicle or assigns employees to
operate such a vehicle. A person who is self-employed as a
commercial motor vehicle driver must comply with the
requirements of this UCDLA.
(16) (Blank).
(17) Foreign jurisdiction. "Foreign jurisdiction" means
a sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous Material. Upon a finding by the United
States Secretary of Transportation, in his or her discretion,
under 49 App. U.S.C. 5103(a), that the transportation of a
particular quantity and form of material in commerce may pose
an unreasonable risk to health and safety or property, he or
she shall designate the quantity and form of material or
group or class of the materials as a hazardous material. The
materials so designated may include but are not limited to
explosives, radioactive materials, etiologic agents,
flammable liquids or solids, combustible liquids or solids,
poisons, oxidizing or corrosive materials, and compressed
gases.
(21) Long-term lease Long-term-lease. "Long-term lease"
"Long-term-lease" means a lease of a commercial motor vehicle
by the owner-lessor to a lessee, for a period of more than 29
days.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by
human power and motorized wheel chairs.
(23) Non-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a state to an
individual who is domiciled in a foreign jurisdiction.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a
violation, while operating a commercial motor vehicle, of any
of the following:
(A) Section 11-1201, 11-1202, or 11-1425 of this
Code. (1) An offense listed in subsection (j) of Section
6-514 of this Code.
(2) Section 11-1201 of this Code.
(3) Section 11-1201.1 of this Code.
(4) Section 11-1202 of this Code.
(5) Section 11-1203 of this Code.
(6) 92 Illinois Administrative Code 392.10.
(7) 92 Illinois Administrative Code 392.11.
(B) (8) Any local ordinance that is other similar
law or local ordinance of any state relating to
railroad-highway grade crossing. to any of items (1)
through (7).
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) (a) a conviction when operating a commercial
motor vehicle of:
(i) a violation relating to excessive
speeding, involving a single speeding charge of 15
miles per hour or more above the legal speed limit;
or
(ii) a violation relating to reckless driving;
or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in
connection with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a), of Section
6-507, relating to the requirement to have a valid
CDL; or
(vi) a violation relating to improper or
erratic traffic lane changes; or
(vii) a violation relating to following
another vehicle too closely; or
(B) (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, which
the Secretary of State determines by administrative rule
to be serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(Source: P.A. 92-249, eff. 1-1-02; revised 9-19-01.)
(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
Sec. 6-506. Commercial motor vehicle driver -
employer/owner responsibilities.
(a) No employer or commercial motor vehicle owner shall
knowingly allow, permit, or authorize an employee to drive a
commercial motor vehicle on the highways during any period in
which such employee:
(1) has a driver's license suspended, revoked or
cancelled by any state; or
(2) has lost the privilege to drive a commercial
motor vehicle in any state; or
(3) has been disqualified from driving a commercial
motor vehicle; or
(4) has more than one driver's license, except as
provided by this UCDLA; or
(5) is subject to or in violation of an
"out-of-service" order.
(b) No employer or commercial motor vehicle owner shall
may knowingly allow, permit, authorize, or require a driver
to operate a commercial motor vehicle in violation of any law
or regulation pertaining to railroad-highway grade crossings.
(c) Any employer convicted of violating subsection (a)
of this Section, whether individually or in connection with
one or more other persons, or as principal agent, or
accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 92-249, eff. 1-1-02.)
(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
(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 or a
controlled substance listed in the Illinois Controlled
Substances Act as indicated by a police officer's sworn
report or other verified evidence; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle 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
(iii) Driving a commercial motor vehicle while
committing any felony.
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 who 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.
(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.
(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) of Section 6-507 of this
Code.
(2) For one year upon a second conviction of
paragraph (2) of subsection (b) of Section 6-507 of this
Code within a 10-year period.
(3) For 3 years upon a third or subsequent
conviction of paragraph (2) of subsection (b) of Section
6-507 of this Code within a 10-year period.
(4) For one year upon a first conviction of
paragraph (3) of subsection (b) of Section 6-507 of this
Code.
(5) For 3 years upon a second conviction of
paragraph (3) of subsection (b) of Section 6-507 of this
Code within a 10-year period.
(6) For 5 years upon a third or subsequent
conviction of paragraph (3) of subsection (b) of Section
6-507 of this Code within a 10-year period.
(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, 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.
(j) (1) A driver shall be disqualified for the
applicable period specified in paragraph (2) for any
violation of a federal, State, or local law or regulation
pertaining to one of the following offenses at a
railroad-highway grade crossing while operating a commercial
motor vehicle:
(i) For drivers who are not always required to
stop, failing to slow down and check that the tracks
are clear of an approaching train.
(ii) For drivers who are not always required
to stop, failing to stop before reaching the
crossing, if the tracks are not clear.
(iii) For drivers who are always required to
stop, failing to stop before driving onto the
crossing.
(iv) For all drivers, failing to have
sufficient space to drive completely through the
crossing without stopping.
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing.
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance.
(2) The length of the disqualification shall be:
(i) Not less than 60 days in the case of a
conviction for any of the offenses described in
paragraph (1) if the person had no convictions for
any of the offenses described in paragraph (1)
during the 3-year period immediately preceding the
conviction.
(ii) Not less than 120 days in the case of a
conviction for any of the offenses described in
paragraph (1) if the person had one conviction for
any of the offenses described in paragraph (1)
during the 3-year period immediately preceding the
conviction.
(iii) Not less than one year in the case of a
conviction for any of the offenses described in
paragraph (1) if the person had 2 or more
convictions, based on separate incidents, for any of
the offenses described in paragraph (1) during the
3-year period immediately preceding the conviction.
(Source: P.A. 92-249, eff. 1-1-02.)
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of
train.
(a) Whenever any person driving a vehicle approaches a
railroad grade crossing where the driver is not always
required to stop, the such 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;
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;
3. A railroad train approaching a highway crossing
emits a warning signal and such railroad train, by reason
of its speed or nearness to such crossing, is an
immediate hazard;
4. An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing;.
5. A railroad train 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.
(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, 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 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). No person may drive any vehicle through a
railroad crossing if there is insufficient space to drive
completely through the crossing without stopping.
(e) It is unlawful to violate any part of this Section.
A first conviction of a person for a violation of any part of
this Section shall result in a mandatory fine of $250; all
subsequent convictions of that person for any violation of
any part of this Section shall each result in a mandatory
fine of $500.
(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 shall impose fines as established in subsection (e) of
this Section.
(Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02;
revised 9-19-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
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