Public Act 094-0771
 		





SB2865 Enrolled
LRB094 19100 DRH 54615 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 
Section 11-1201.1 and  adding Sections 11-612 and 11-1201.5 as 
follows:
 
    (625 ILCS 5/11-612 new)

    Sec. 11-612. Certain systems to record vehicle speeds 
prohibited. Except as authorized in the Automated Traffic 
Control Systems in Highway Construction or Maintenance Zones 
Act,  no photographic, video,  or other imaging system may be 
used in this State to record vehicle speeds for the purpose of 
enforcing any law or ordinance regarding a maximum or minimum 
speed limit unless a law enforcement officer  is present at the 
scene and witnesses the event. No State or local governmental 
entity, including a home rule county or municipality, may use 
such a system in a way that is prohibited by this Section. The 
regulation of the use of such systems is an exclusive power and 
function of the State. This Section is a denial and limitation 
of home rule powers and functions under subsection (h) of 
Section 6 of Article VII of the Illinois Constitution.
 



    (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
Citation 
    in court; or


    3. If you were not the operator of the vehicle at 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."

    (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 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.


        (ii) Photographs or recorded images made by an 
    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. 

    (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 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.


        (ii) For a second or subsequent violation, the 
    Secretary of State may
suspend the registration of the 
    motor vehicle for a period of at least 6
months.

(Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01; 92-651, 
eff 7-11-02;
 92-814, eff. 1-1-03.)

 
    (625 ILCS 5/11-1201.5 new)

    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

    Citation in court; or

        3. If you were not the operator of the vehicle at 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."

    (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 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.

        (2) Photographs or recorded images made by an 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.

    (h) 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.

    (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 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 registration of the motor vehicle 
    for a period of at least 6
months.