(625 ILCS 5/11‑1201) (from Ch. 95 1/2, par. 11‑1201)
(Text of Section from P.A. 92‑651)
Sec. 11‑1201.
Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing 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 he can do so safely. The foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal |
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device gives warning of the immediate approach of a railroad train;
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2. A crossing gate is lowered or a human flagman
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gives or continues to give a signal of the approach or passage of a railroad train;
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3. A railroad train approaching a highway crossing
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emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
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4. An approaching railroad train is plainly visible
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and is in hazardous proximity to such crossing;
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5. A railroad train is approaching so closely that
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an immediate hazard is created.
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(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‑5) 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; 92‑651,
eff. 7‑11‑02.)
(Text of Section from P.A. 92‑814)
Sec. 11‑1201.
Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing 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 he can do so safely. The foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal
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device gives warning of the immediate approach of a railroad train;
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2. A crossing gate is lowered or a human flagman
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gives or continues to give a signal of the approach or passage of a railroad train;
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3. A railroad train approaching a highway crossing
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emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
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4. An approaching railroad train is plainly visible
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and is in hazardous proximity to such crossing;
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5. A railroad train is approaching so closely that
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an immediate hazard is created.
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(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‑5) 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.
(1) A violation of this Section is a petty offense
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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.
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(2) For a second or subsequent violation, the
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Secretary of State may suspend the driving privileges of the offender for a minimum of 6 months.
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(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;
92‑814, eff. 1‑1‑03.)
(Text of Section from P.A. 92‑834)
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
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
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device gives warning of the immediate approach of a railroad train;
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2. A crossing gate is lowered or a human flagman
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gives or continues to give a signal of the approach or passage of a railroad train;
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3. A railroad train approaching a highway crossing
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emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
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4. An approaching railroad train is plainly visible
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and is in hazardous proximity to such crossing;
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5. A railroad train is approaching so closely that
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an immediate hazard is created.
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(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).
(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;
92‑834, eff. 8‑22‑02.)
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(625 ILCS 5/11‑1201.1)
Sec. 11‑1201.1. Automated Railroad Crossing Enforcement System Pilot Project.
(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 5 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 July 20, 2001 (the effective date of Public Act
92‑98), 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 as the alleged violator. The Uniform
Traffic Citation shall be delivered to the registered owner of the vehicle,
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 registered owner of the
vehicle shall be accompanied by a written notice, the contents of which is set
forth in subsection (d‑1) of this Section, explaining how the registered owner
of the vehicle can elect to proceed by either paying the fine or challenging
the issuance of the Uniform Traffic Citation.
(d‑1) The written notice explaining the alleged violator's rights and
obligations must include the following text:
"You have been served with the accompanying Uniform Traffic
Citation and cited with having violated Section 11‑1201 of the
Illinois Vehicle Code. You
can elect to proceed by:
1. Paying the fine; or
2. Challenging the issuance of the Uniform Traffic
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3. If you were not the operator of the vehicle at
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the time of the alleged offense, notifying in writing the local law enforcement agency that issued the Uniform Traffic Citation of the number of the Uniform Traffic Citation received and the name and address of the person operating the vehicle at the time of the alleged offense. If you fail to so notify in writing the local law enforcement agency of the name and address of the operator of the vehicle at the time of the alleged offense, you may be presumed to have been the operator of the vehicle at the time of the alleged offense."
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(d‑2) If the registered owner of the vehicle was not the operator of the
vehicle at the time of the alleged offense, and if the registered owner
notifies the local law enforcement agency having jurisdiction of the name and
address of the operator of the vehicle at the time of the alleged offense, the
local law enforcement agency having jurisdiction shall then issue a written
Uniform Traffic Citation to the person alleged by the registered owner to have
been the operator of the vehicle at the time of the alleged offense. If the
registered owner fails to notify in writing the local law enforcement agency
having jurisdiction of the name and address of the operator of the vehicle at
the time of the alleged offense, the registered owner may be presumed to have
been the operator of the vehicle at the time of the alleged offense.
(e) Evidence.
(i) A certificate alleging that a violation of
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Section 11‑1201 occurred, sworn to or affirmed by a duly authorized agency, based on inspection of recorded images produced by an automated railroad crossing enforcement system are evidence of the facts contained in the certificate and are admissible in any proceeding alleging a violation under this Section.
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(ii) Photographs or recorded images made by an
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automatic railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of Section 11‑1201 of the Illinois Vehicle Code. The photographs may also be made available to governmental agencies for the purpose of a safety analysis of the crossing where the automatic railroad grade crossing enforcement system is installed. However, 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 when there is reasonable and sufficient proof of the accuracy of the camera or electronic instrument recording the image. There is a rebuttable presumption that the photograph or recorded image is accurate if the camera or electronic recording instrument was in good working order at the beginning and the end of the day of the alleged offense.
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(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 5 year pilot program established under
subsection (b) on the effectiveness of the automatic railroad grade crossing
enforcement system.
(i) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(j) Penalty.
(i) A violation of this Section is a petty offense
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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.
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(ii) For a second or subsequent violation, the
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Secretary of State may suspend the registration of the motor vehicle for a period of at least 6 months.
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(Source: P.A. 94‑771, eff. 1‑1‑07.)
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(625 ILCS 5/11‑1201.5)
Sec. 11‑1201.5. 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 or 11‑1425. The
photograph or other recorded image shall also display the time, date, and
location of the violation.
(b) The Illinois
Commerce Commission and the Illinois Department of Transportation may, in cooperation with a
local law enforcement agency, establish in any county or municipality an automated
railroad grade crossing enforcement system at any railroad grade crossing designated by local authorities. Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. After the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities, the Commission, and the Department must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.
(c) For each violation of Section 11‑1201 or 11‑1425 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 as the alleged violator. The Uniform
Traffic Citation shall be delivered to the registered owner of the vehicle,
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 registered owner of the
vehicle shall be accompanied by a written notice, the contents of which is set
forth in subsection (e) of this Section, explaining how the registered owner
of the vehicle can elect to proceed by either paying the fine or challenging
the issuance of the Uniform Traffic Citation.
(e) The written notice explaining the alleged violator's rights and
obligations must include the following text:
"You have been served with the accompanying Uniform Traffic
Citation and cited with having violated Section 11‑1201 or 11‑1425 of the
Illinois Vehicle Code. You
can elect to proceed by:
1. Paying the fine; or
2. Challenging the issuance of the Uniform Traffic
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3. If you were not the operator of the vehicle at the
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time of the alleged offense, notifying in writing the local law enforcement agency that issued the Uniform Traffic Citation of the number of the Uniform Traffic Citation received and the name and address of the person operating the vehicle at the time of the alleged offense. If you fail to so notify in writing the local law enforcement agency of the name and address of the operator of the vehicle at the time of the alleged offense, you may be presumed to have been the operator of the vehicle at the time of the alleged offense."
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(f) If the registered owner of the vehicle was not the operator of the
vehicle at the time of the alleged offense, and if the registered owner
notifies the local law enforcement agency having jurisdiction of the name and
address of the operator of the vehicle at the time of the alleged offense, the
local law enforcement agency having jurisdiction shall then issue a written
Uniform Traffic Citation to the person alleged by the registered owner to have
been the operator of the vehicle at the time of the alleged offense. If the
registered owner fails to notify in writing the local law enforcement agency
having jurisdiction of the name and address of the operator of the vehicle at
the time of the alleged offense, the registered owner may be presumed to have
been the operator of the vehicle at the time of the alleged offense.
(g) Evidence.
(1) A certificate alleging that a violation of
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Section 11‑1201 or 11‑1425 occurred, sworn to or affirmed by a duly authorized agency, based on inspection of recorded images produced by an automated railroad crossing enforcement system, are evidence of the facts contained in the certificate and are admissible in any proceeding alleging a violation under this Section.
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(2) Photographs or recorded images made by an
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automatic railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of Section 11‑1201 or 11‑1425 of the Illinois Vehicle Code. The photographs may also be made available to governmental agencies for the purpose of a safety analysis of the crossing where the automatic railroad grade crossing enforcement system is installed. However, any photograph or other recorded image evidencing a violation of Section 11‑1201 or 11‑1425 shall be admissible in any proceeding resulting from the issuance of the Uniform Traffic Citation when there is reasonable and sufficient proof of the accuracy of the camera or electronic instrument recording the image. There is a rebuttable presumption that the photograph or recorded image is accurate if the camera or electronic recording instrument was in good working order at the beginning and the end of the day of the alleged offense.
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(h) Rail crossings equipped with an automatic railroad
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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.
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(i) A county or municipality, including a home rule county or municipality, may not use an automated railroad crossing enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. The regulation of the use of automated railroad crossing enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (i) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(j) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(k) Penalty.
(1) A violation of this Section is a petty offense
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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.
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(2) For a second or subsequent violation, the
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Secretary of State may suspend the registration of the motor vehicle for a period of at least 6 months.
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(Source: P.A. 94‑771, eff. 1‑1‑07.)
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(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 and shall not proceed
until such movement can be made with safety:
1. Any second division vehicle carrying passengers
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2. Any bus that meets all of the special
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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 turn off all noise producing accessories, including heater blowers, defroster fans, auxiliary fans, and radios, before crossing a railroad track or tracks;
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3. Any other vehicle which is required by Federal or
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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".
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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
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controlled by a police officer or flagperson;
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2. At any railroad grade crossing controlled by a
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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;
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3. At any streetcar grade crossing within a business
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or residence district; or
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4. At any abandoned, industrial or spur track
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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.
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(Source: P.A. 94‑519, eff. 8‑10‑05.)
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