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| Public Act 095-0753 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-1425 as follows:
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(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
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Sec. 11-1425. Stop when traffic obstructed.
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(a) No driver shall enter an
intersection or a marked | ||||
crosswalk or drive onto any railroad grade
crossing unless | ||||
there is sufficient space on the other side of the
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intersection, crosswalk or railroad grade crossing to | ||||
accommodate the
vehicle he is operating without obstructing the | ||||
passage of other
vehicles, pedestrians or railroad trains | ||||
notwithstanding any
traffic-control signal indication to | ||||
proceed.
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(b) No driver shall enter a highway rail grade crossing | ||||
unless there is
sufficient space on
the other side of the | ||||
highway rail grade crossing to accommodate the vehicle
being
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operated without obstructing the passage of a train or other | ||||
railroad equipment
using the
rails, notwithstanding any | ||||
traffic-control signal indication to proceed. Any
person found
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in violation of subsection (b) shall be subject to a mandatory | ||||
fine of $500 or
50 hours of
community service.
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(c) (Blank).
Local authorities shall impose fines as | ||
established in subsection (b)
for persons found
in violation of | ||
this Section or any similar local ordinance.
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(d) Beginning with the effective date of this amendatory | ||
Act of the 95th General Assembly,
the Secretary of State shall | ||
suspend for a period of one month
the driving
privileges of any | ||
person convicted of a violation of subsection (b) of this
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Section or a similar provision of a local ordinance; the | ||
Secretary shall
suspend for a period of 3 months the driving | ||
privileges of any person convicted
of a second or subsequent | ||
violation of subsection (b) of this Section or a
similar | ||
provision of a local ordinance if the second or subsequent | ||
violation
occurs within 5 years of a prior conviction for the | ||
same offense. In addition
to the suspensions authorized by this | ||
Section, any person convicted of
violating subsection (b) of | ||
this Section or a similar provision of a local ordinance
shall | ||
be subject to a mandatory fine of $500 or 50 hours of community | ||
service. Any person given a disposition of court supervision | ||
for violating subsection (b) of this Section or a similar | ||
provision of a local ordinance shall also be subject to a | ||
mandatory fine of $500 or 50 hours of community service. Upon a | ||
second or subsequent
violation, in addition to the suspensions | ||
authorized by this Section, the person shall be subject to a | ||
mandatory fine of $500 and 50 hours community service.
The | ||
Secretary may also grant, for the duration of any
suspension | ||
issued under this subsection, a restricted driving permit
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granting the privilege of driving a motor vehicle between the | ||
driver's
residence and place of employment or within other | ||
proper limits that the
Secretary of State shall find necessary | ||
to avoid any undue hardship. A
restricted driving permit issued | ||
hereunder 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 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 the
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. Any
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conviction for a violation of this subsection shall be included | ||
as an
offense for the purposes of determining suspension action | ||
under any other
provision of this Code, provided however, that | ||
the penalties provided under
this subsection shall be imposed | ||
unless those penalties imposed under other
applicable | ||
provisions are greater.
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(Source: P.A. 91-532, eff. 1-1-00.)
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