The Law Offices of Davis & LaScola represent clients on a variety of traffic violations including those involving railroad crossings. Some of the most common railroad offenses in Illinois are listed below.

Obedience to Railroad Signal

Illinois law (625 ILCS 5/11-1201) requires all drivers to stop within 50 and 15 feet from the nearest rail of the railroad under the various circumstances including but not limited to the following: an electric or mechanical signal device give warning of the immediate approach of a train or track equipment, a crossing gate is lowered, or when a train or track equipment is plainly visible and in hazardous proximity to the crossing. If any of these circumstances exist, the driver must wait to proceed until the tracks are clear and they can do so safely.

The statute also prohibits a driver from driving their vehicle through, around or under a crossing gate while the gate is closed OR is being opened or closed.

A minimum fine of $250 is imposed for a first violation of this section. The court has the ability to impose 25 hours of community service in place of the minimum fine for a first violation. A minimum fine of $500 is imposed for a second or subsequent violation. In addition, for a second violation, the Illinois Secretary of State may suspend the offender’s driver’s license for a minimum of 6 months.

Vehicles Requires to Stop at All Railroad Crossings (i.e. School Buses)

Under Illinois law (625 ILCS 5/11-1202), certain vehicles must stop at all railroad crossings. The driver of these specified vehicles must stop their vehicle between 50 and 15 feet from the nearest rail. The driver may not proceed until they have listened and looked for the approach of a train or railroad track equipment and determined that movement can be made with safety.

Some of the vehicles covered by this law include school buses (which are subject to additional requirements under this statute), any second division vehicle carrying passengers for hire, and certain vehicles carrying hazardous material. There are various exceptions to this statute (i.e. abandoned industrial railroad crossings).

The Law Offices of Davis & LaScola handle traffic violations throughout Chicago and Illinois. Please remember that the information on this website is not exhaustive and it is advisable to consult an attorney to discuss your particular situation. If you have received a traffic ticket for a railroad crossing violation, feel free to contact our defense attorneys to discuss your case.