(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 § 71.080. 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 two 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 three 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 five years and with approval of the local law enforcement agency equip the crossings with an automated railroad grade crossing enforcement system.
(C) For each violation of § 71.080 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. The uniform traffic citation shall be delivered to the registered owner, 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 violator shall be accompanied by a written document which explains the violator's rights and obligations and how the violator can elect to proceed by either paying the fine or challenging the issuance of the uniform traffic citation.
(E) Any photograph or other recorded image evidencing a violation of § 71.080 shall be admissible in any proceeding resulting from the issuance of the uniform traffic citation. Photographs or recorded images made by an automatic railroad grade crossing enforcement system shall be confidential, and shall be made available only to the defendant, governmental and law enforcement agencies for the purposes of adjudicating a violation of § 71.080.
(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) 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. 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 two year pilot program on the effectiveness of the automatic railroad grade crossing enforcement system.
(ILCS Ch. 625, Act 5, § 11-1201.1)