AUTHORITY: Implementing Section 18c-7401 and authorized by Section 18c-1202 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-7401 and 18c-1202].

SOURCE: Filed and effective August 22, 1973; codified at 8 Ill. Reg. 8906; Part recodified at 10 Ill. Reg. 17994; amended at 11 Ill. Reg. 19027, effective November 15, 1987; amended at 15 Ill. Reg. 10920, effective July 10, 1991; amended at 29 Ill. Reg. 20376, effective December 15, 2005.

SUBPART A: SCOPE AND APPLICATION

 

Section 1535.5  Incorporations by Reference

 

The following standards of private and professional organizations are referenced in this Part:

 

a)         Manual for Railway Engineering, 2004 Edition, published by:

 

American Railway Engineering and Maintenance of Way Association

8201 Corporate Drive, Suite 1125

Landover MD 20785

(301) 459-3200

 

b)         Manual on Uniform Traffic Control Devices, 2003 Edition, published by:

 

United States Department of Transportation

Federal Highway Administration

400 Seventh Street, SW

HOTO

Washington, D.C. 20590

(202) 366-0537

 

c)         No incorporation by reference in this Part includes any later amendment or edition beyond the date stated.

 

(Source:  Added at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.10  General Order

 

This Part is a complete revision of the requirements of the Commission with reference to crossings of railroads with public streets and highways in this state, insofar as those requirements are of a general nature and capable of being incorporated in a part.  This order supersedes and rescinds General Order 176.  This order also supersedes and rescinds General Order 121 to the extent, but only to the extent, that said general order applies to railroads.

 

Section 1535.20  Part Not Retroactive

 

This Part shall not be retroactive in the sense of declaring or implying that crossings already lawfully constructed, or installations of crossing warning devices now lawfully in place, are to be considered in violation of this Part where such crossings or installations do not comply with this Part.  All lawfully existing crossings, and installations of crossing warning devices are hereby approved, subject however to the right of the Commission by appropriate proceedings, to require changes or improvements at any particular crossing or crossings at any time.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.30  Requirements for Maintenance of Grade Crossings

 

The requirements with reference to maintenance of grade crossings as set forth in Section 1535.205 through 1535.210, inclusive, apply both to crossings now in existence and those which may hereafter be established.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.40  Requirements for Marking and Warning Devices at Grade Crossings

 

The requirements with respect to the marking and warning devices at grade crossings as set forth in Sections 1535.300 to 1535.365 inclusive, apply, in general, to the installations of signs, signals, illumination, and gates made after the date of service of this Part.  Certain of these Sections, however, have application to crossings now in existence and where signs, signals, and gates may now be maintained, and in such cases, the application is specifically stated in the Section.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.50  Requirements for Establishment and Construction of Grade Crossings

 

The requirements with reference to establishment and construction of grade crossings as set forth in Sections 1535.201 to 1535.204 inclusive, apply to crossings hereafter to be constructed.

 

Section 1535.60  Permission to Install Other Equipment or Devices

 

The Commission reserves the right to permit, or after appropriate proceedings, to require the installation of other and different construction, equipment, and devices than those provided by this Part.  Exceptions to the application of any of the rules of this Part may be made whenever good cause shows, for experimental or developmental purposes or otherwise, such action appears  desirable and reasonable.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

SUBPART B: DEFINITIONS

 

Section 1535.100  Definitions

 

            "Advance warning sign" means a fixed sign, located at a distance from a grade crossing and intended to warn drivers of vehicles of the presence of the crossing before the vehicle reaches the crossing.

 

            "AREMA" means American Railway Engineering and Maintenance of Way Association (2004 Edition).

 

            "Automatic gates" means gates which are designed to move into the obstructing position automatically upon the approach of a train or trains, and to move into the clear position when the train or trains have cleared the crossing and are generally used in conjunction with "flashing light signals" as defined in this Section.

 

            "City" means all incorporated cities, villages and towns.

 

            "Clearance signs" means the signs posted at a subway to indicate the maximum height of vehicles that may safely pass beneath the grade separation structure.

 

            "Crossbuck sign" means a sign consisting essentially of two boards or blades, crossing each other in the general form of the letter X, and designed to be mounted upon a post or upon the mast of an automatic signal.  The word "RAILROAD" is inscribed upon the board or blade extending from the upper left to the lower right portion of the sign as viewed by a person facing the crossing, and the word "CROSSING" is inscribed upon the board or blade extending from the lower left to the upper right portion of the sign.

 

            "Crossing" means any place where a public street or highway and a railroad cross either at grade or by separation of grades.  It may also apply to locations where a railroad running longitudinally in a street is crossed by a roadway or sidewalk.

 

            "Crossing proper" means that portion of the grade crossing over the crosstie area.

 

            "Crosstie" means a transverse beam that connects and supports the rails of a railroad.

 

            "Department" means the Illinois Department of Transportation.

 

            "Flashing light signal" means a signaling device consisting essentially of two red lamps mounted horizontally about 2 feet 6 inches between centers and which flash alternately to indicate the approach of a train.  Such signals usually are designed to operate automatically upon the approach of a train but sometimes are so arranged as to start and cease operation by a manual controlling device.

 

            "Gates" means a barrier that employs arms so arranged as to be moved into a position wholly or partly to obstruct a street.  "Gates" provide a definite obstruction to street traffic but are not designed positively to stop moving vehicles.

 

            "Grade crossing" means any crossing where the street or highway and the railroad are at the same elevation.

 

            "Hazard marker" means a fixed sign consisting of a vertical rectangle, size 1 foot by 3 feet having alternating black and reflectorized yellow or white stripes 3 inches in width sloping down at an angle of 45 degrees toward the side of the obstruction on which traffic is to pass, or should conditions dictate other type of marker, one of those described in the current edition of Illinois Manual of Uniform Traffic Control Devices.

 

            "Highway" means the same as "street".

 

            "Law" means the Illinois Commercial Transportation Law [625 ILCS 5/18c].

 

            "MUTCD" means the federal Manual on Uniform Traffic Control Devices (2003 Edition).

 

            "Rail carrier" means the same as the definition in Section 18c-1104 of the Law[625 ILCS 5/18c-1104].

 

            "Railroad" means the same as the definition in Section 18c-1104 of the Law .

 

            "Railroad train" means any locomotive with or without cars coupled to it, operating upon a railroad.  This term, however, is not applied to handcars, speeders, motor cars, hi-rail cars or self-propelled work equipment operated for maintenance or other railroad purposes and not used for the transportation of persons or property for hire.

 

            "Reflector button" means a unit consisting essentially of a glass lens and a reflecting mirror or a plastic lens so designed as to reflect the rays of light from headlights of vehicles.  The reflecting mirror may be a separate mirror or consist of reflecting material deposited directly upon the surface of the lens.

 

            "Reflector type" or "reflectorized," when applied to any sign, means that either the letters or some outstanding feature of the sign is marked by reflector buttons, or by other suitable reflecting devices or materials, in such manner as to be illuminated and made visible by headlights of vehicles.

 

            "Roadway" means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel.

 

            "Shoulder" means that portion of a highway between the edge of the pavement and the curb line where there is a sidewalk, or, where there is no sidewalk, between the edge of the pavement and the outer edge of the surface graded for possible vehicular use.

 

            "Sidewalk" means that portion of a street, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.

 

            "Street" means the entire width between property lines of every way or place of whatever nature when any part is open to the use of the public as a matter of right for purposes of vehicular traffic.

 

            "Subway" means a crossing where the street or highway passes underneath the railroad.

 

            "Temporary STOP Sign" means the installation of temporary STOP signs whenever the Commission authorizes the installation of automatic flashing light signals or automatic flashing light signals and gates at public highway-rail grade crossings, pursuant to Section 18c-7401(3) of the Law.

 

            "Viaduct" means a crossing where the street or highway passes above the railroad.

           

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

SUBPART C: ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS

 

Section 1535.201  Application for Permission to Extend a Street or Highway

 

Where application is made to this Commission for permission to extend a street or highway at grade across a railroad track or to extend a railroad track across a street or highway at grade as contemplated in Section 18c-7401 of the Law  the petitioner shall be the interested rail carrier or a public body having jurisdiction over the highway involved.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.202  General Plan or Plat

 

A petition for permission and authorization under Section 1535.201 should be accompanied by a general plan or plat showing with reasonable certainty the nature, location and construction of the proposed crossing.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.203  Construction and Maintenance of Grade Crossing

 

Every grade crossing shall be constructed and maintained in such manner that it will not interfere with the reasonably safe use of the roadway when traveled in the usual and ordinary manner.  The surface of the roadway shall reasonably conform to the elevation of the rails for the entire area between rails and between tracks (where track centers are 15 feet or less) and for a distance of 24 inches beyond the outside of the outer rails of the outer tracks.  In situations where super-elevation of rails through the crossing makes a reasonably smooth continuous surface impractical, the surface of the roadway in the crossing area shall be made as smooth as practicable, consistent with the safe operation of trains on the railroad tracks in accordance with Section 18c-7401(2) of the Law.  Any crossing hereafter constructed or reconstructed shall conform to the width of the roadway and shall include a reasonable width of usable shoulder, but in no case shall the width be less than 16 feet measured at right angles to the center line of the highway unless the Commission specifically authorizes a lesser width.  At crossings where there are sidewalks, either the crossing proper shall include the sidewalk areas or separate sidewalk crossings of a width consistent with that of the sidewalk approaches shall be provided conforming with provisions of this Section as to surface.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.204  Grade Line of Highway Approaches

 

a)         Unless the Commission otherwise specifically orders, the grade line of highway approaches to grade crossings hereafter established or substantially reconstructed shall be as follows:  From the outer rail of the outermost track coincident with a tangent to the tops of the rails for about 24 inches, thence for a distance of 25 feet ascending or descending at a grade which shall not deviate more than 1% from said tangent, thence to the right-of-way line (and as far beyond as the Commission's control may extend in any case) at a grade not to exceed 5%.  Where super-elevated track or tracks make strict compliance with this Section impractical the grade of approaches shall be constructed so as to provide the best vertical alignment under the circumstances with due regard to surface regularity.

b)         The width, transverse contour, type of surface or pavement, and other characteristics of each such approach to a grade crossing shall be suitable for the highway and shall in every case conform to the requirements of good practice.

 

Section 1535.205  Right-of-Way to Be Kept Clear

 

Every railroad shall keep its right-of-way adjacent to its tracks reasonably clear of brush, shrubbery, trees, weeds, crops and all unnecessary permanent obstructions such as unauthorized signs and billboards for a distance of at least five hundred feet each way from every grade crossing where such things would materially obscure the view of approaching trains to travelers on the highway.

 

Section 1535.206  Crossings and Approaches

 

At every grade crossing where the duty of constructing or maintaining either the crossing proper or its approaches (or any part thereof) is by order of the Commission or by any lawful manner placed upon a rail carrier, it shall be the duty of the rail carrier to construct and maintain the crossing and approaches extending 24 inches outward from the outer rail of each track so that at all times they will be reasonably safe as to persons and property.  In multiple track crossings where track centers are 15 feet or less, the areas between tracks shall be maintained by the rail carrier, unless the rail carrier and the highway authority(s) agree otherwise.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.207  Adjustment of Crossings and Approaches

 

a)         Where tracks are raised through a highway crossing at the rail carrier's instance and the approach grades to the crossing conformed to the requirements of Section 1535.204 prior to the track raise, the rail carrier shall resurface or arrange for the resurfacing of the highway approaches to meet the elevation of the raised crossing surface, so that the change in grade does not exceed 1% greater than the pre-existing grade on primary highways with a maximum authorized speed in excess of 30 miles per hour, or 2% greater than the pre-existing grade on all other highways with a maximum authorized speed of 30 miles per hour or less.  Where more than one track crosses a highway with 15 feet or less between the centerline of one track and the centerline of an adjacent track, the rail carrier shall adjust all tracks so that they conform with the requirements of Section 1535.203.

 

b)         Where tracks are raised through a highway crossing at the rail carrier's instance, and the approach grades to the crossing did not conform to the requirements of Section 1535.204 prior to the track raise, and the track raise increases the grades by more than 1%, it shall be the responsibility of the rail carrier to resurface, or to arrange for the resurfacing of, the highway approaches within a distance of 25 feet from the centerline of the outermost track, to minimize the change in grade to the extent practicable within the 25 feet.

 

c)         It shall be the responsibility of the highway authority to make arrangements with the respective rail carriers for the necessary track, crossing warning signs and signals, and/or crossing surface adjustments where vertical and/or horizontal adjustments are made to the approaches of a grade crossing at the highway authority's instance (whether by reconstruction, resurfacing, or widening).  The rail carrier shall, at the sole cost and expense of the highway authority, adjust the track, crossing warning signs and signals, and/or crossing surfaces to conform to Sections 1535.203, 1535.300(b), 1535.335, and 1535.360(a), as applicable, and the highway authority shall, at its own expense, perform all necessary approach work to comply with Section 1535.204.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.208  Maintenance, Operation and Renewal of Signs, Signals, and Other Warning Devices

 

Unless the Commission directs otherwise, it shall be the duty of every rail carrier to maintain, operate and renew all signs (except advance warning signs, clearance signs, stop signs, and hazard markers), as well as signals and other warning devices of any kind installed at crossings on its line of railroad.  Said signs, signals and other warning devices shall be kept reasonably clean and free from such deposits of material which would affect their efficiency and shall be inspected at least once each year.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.209  Poles, Structures or Other Objects in Right-of-Way

 

To the extent that it legally has power, every railroad company shall prohibit or prevent the placing upon its right-of-way of any pole, structure or object in a position to cause an obstruction to view of any signal or sign, or within a rectangular area 14 feet wide, being 7 feet on either side of such signal or sign measured at right angles to the highway, and 30 feet long, being 15 feet to the front and to the rear of such signal or sign, measured longitudinally to the highway.  Exceptions may be granted by the Commission where local conditions are such that the application of this Section as to specific measurements would be unreasonable, and this Section shall not be deemed to forbid the maintenance of poles and structures now lawfully in place.

 

Section 1535.210  Erection and Maintenance of Other Signs

 

No person shall erect or maintain at any grade crossing advertising signs, billboards, unauthorized warning, danger or stop signs, or signs of any kind except those authorized by law or by this Commission, or signs incident to railroad operation, and insofar as it has power, every railroad company shall keep its right-of-way at every such crossing clear of such billboards or unauthorized signs.

 

Section 1535.211  Provisions of Law (Repealed)

 

(Source:  Repealed at 11 Ill. Reg. 19027, effective November 15, 1987)

SUBPART D: MARKING AND WARNING DEVICES AT GRADE CROSSINGS

 

Section 1535.300  Crossbuck Signs

 

a)         Every rail carrier shall furnish, erect and maintain at every grade crossing on its line of railroad two crossbuck signs as set forth in MUTCD Section 8B.03 and MUTCD Figure 8B-1, except at crossings where flashing light signals or other warning devices incorporating a "crossbuck" as part of their design are maintained and except at crossings within the cities where train crews or watchmen provide warnings of all movements of cars or engines thereover.  At such excepted crossings, crossbuck signs may be installed and maintained at the option of the rail carrier or may be required by specific order of the Commission.

 

b)         Crossbuck signs shall be so located with reference to local conditions at each crossing as to provide proper visibility and in accordance with good practice.  One crossbuck sign shall be placed on each side of the track or tracks preferably on the right hand side of the highway as viewed by a traveler approaching the crossing.  An additional crossbuck sign shall be installed in accordance with MUTCD Section 8B.03 on the left side of the roadway where there is restricted sight distance or unfavorable roadway geometry.  The distance from the crossbuck sign to the nearest track should be not less than 12 feet from the centerline of track, measured perpendicular to the track, as set forth in MUTCD Section 8B.03.  This distance is  to the center of the mast.  The distance from the crossbuck sign to the edge of the shoulder should not be less than 6 feet or less than 12 feet from the crossbuck sign to the edge of the traveled way (whichever is greater).  Where there are curbs, the distance from the crossbuck sign to the face of curb should not be less than 2 feet.  These distances are as set forth in MUTCD Section 8B.03 and are measured from the nearest edge of the crossbuck sign.  No crossbuck sign shall be permitted to be obscured materially by trees or other obstructions located on the right of way of the rail carrier.

 

c)         The crossbuck signs referred to in Section 1535.300(a) shall be the 4 foot reflectorized blade type, as set forth in MUTCD Section 8B.03, each to be equipped with reflecting material to give an indication at night in both directions along the highway except that where, for any reason, the rear indication cannot be seen on any highway approaching the crossing, such rear indication will not be required.  The back of each blade shall have one or more strips of retroreflective white material, the combined width of which shall not be less than 2 inches for its full visible length.  The rear indication may also be obtained by placing two one way signs back to back.  A strip of retroreflective white material, not less than 2 inches in width, shall be used on each crossbuck support for the full length of the front and back of the support from the crossbuck sign or "Number of Tracks" sign to within 2 feet above the edge of the roadway, except on the side of those supports where a STOP or YIELD sign or flashing lights have been installed or on the back side of supports for crossbuck signs installed on one-way streets.  On or before January 17, 2011, the crossbucks at every highway-rail grade crossing in the State of Illinois shall be equipped with retroreflective white material in the manner set forth in this subsection and all crossbuck signs placed thereafter shall be equipped with retroreflective white material in the manner set forth in this Section.  The height of the crossbuck above the surface of the pavement or roadway may be varied to suit local conditions, but ordinarily shall be such as will provide a clearance of approximately 7½ feet beneath the crossbuck.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.310  Advance Warning Signs and Pavement Markings

 

a)         Railroad Advance Warning Signs

 

1)         The railroad advance warning sign as set forth in MUTCD Section 8B.04 and MUTCD Figure 8B-2 shall be used in advance of every railroad grade crossing, whether marked by crossbucks or equipped with active warning devices, except in the following instances:

 

A)        At a minor siding or spur which is infrequently used and which is guarded by a member of the train crew when in use.

 

B)        In the business districts of cities where the crossings are equipped with active warning devices and the physical conditions are such that even a partially effective display of the sign is impossible.

 

2)         In rural areas advance warning signs shall be located from 400 to 700 feet in advance of the grade crossing on each side thereof, said distance to be governed by prevailing speed of vehicular traffic.

 

3)         On a divided highway, it may be desirable to erect a supplemental sign on the left of the roadway.  In residential or business districts where low speeds are prevalent, the sign may be placed a minimum distance of 100 feet from the crossing.  If there is a street intersection within 100 feet, an additional sign or signs should be so placed as to warn traffic approaching the crossing from each intersected street.

 

b)         Unless otherwise specifically ordered by the Commission, advance warning signs at crossings are to be furnished, installed, maintained and replaced by and at the expense of the public authority having the duty of maintaining such signs along said highway.

 

c)         Advance warning signs hereafter installed near or at crossings, either as replacements or as new or additional signs, shall be of the reflector type and shall conform as to type, aspect and color with MUTCD Section 8B.04 and MUTCD Figure 8B-2.

 

d)         The public authority having the duty of maintaining the approach to a grade crossing is required, where practicable, to place pavement markings consisting of a cross and the letters "R.R." in accordance with current applicable standards.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.320  Floodlights as Warning Devices

 

Hereafter, where floodlights are installed as warning devices, and not as simple street illumination at any grade crossing, the installation shall be such as to reasonably accomplish the following:  

a)         It shall be so arranged as to illuminate directly both sides of any railroad train or cars that may be occupying the crossing.  To this end it is essential that there be at least one lighting unit on each side of the track, or group of tracks.

b)         It shall be so arranged as not to produce an unreasonable glare in the eyes of a traveler approaching on the highway, nor to the enginemen or members of the crew of an approaching railroad train.

c)         The illumination shall be of such intensity that an unlighted railroad train or cars standing or running upon the crossing can be seen on a dark night under clear weather conditions at a distance of 500 feet from the crossing.

d)         The lighting units shall be so arranged that the failure of a single lamp bulb will not result in one side of a railroad train or cars occupying the crossing being in shadow or not illuminated as contemplated in subsection (a).

e)         Floodlights shall be in operation whenever any railroad train is about to pass over the crossing, or whenever the crossing is occupied by a railroad train, between dusk and dawn.  Such installations may be so arranged that the lamps burn continuously between dusk and dawn or may be operated manually or automatically to illuminate crossing at such times as are set forth in the last preceding sentence.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.330  Watchman Warning (Repealed)

                                                           

             

                       

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.333  Flashing Light Signals

 

a)         Unless the Commission otherwise specifically authorizes, installations of light-type signals hereafter made for warning at grade crossings shall be of the flashing light type.

b)         Flashing light signals shall conform generally as to aspect with that shown in Appendix B, Illustration E.  Special conditions such as those presented by dual lane highways, streets with more than two traffic lanes, crossings with an unusual arrangement of tracks, etc., may require cantilever or other special mountings or supports.  Individual approval by appropriate order or resolution of the Commission must be obtained in each special case.  Application for such approval should be made on Form 3.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.335  Location of Signals

 

a)         For two directional traffic, one signal is to be located upon each side of the track or groups of tracks except that, where local conditions so require, a greater number of signals or flashing light units may be employed.  The signals shall be placed on the right hand side of the highway as viewed by a traveler approaching the crossing unless local conditions require different arrangement.  The distance from the signals to the railroad and to the edge of the pavement will be governed by local conditions, but in general the signals shall be located not more than 15 feet from the near rail except where a point in the centerline of the highway opposite the signal would be less than 10 feet therefrom.  In general, the signals shall be located not less than 8½ feet from the nearest rail.  The distance from the signals to the edge of pavement shall not be less than 6 feet or more than 12 feet except when the pavement has curb and guttering, then the signals may be located 4 feet 1 inch but not less from the face of curb.  These distances are to the center of the mast.

 

b)         On multilane highways extending on either side of a median strip at least 8 feet 2 inches in width one additional flashing unit as shown in Figure 5 (Appendix B, Illustration E) shall be placed on each side of track or group of tracks, in such a manner as to provide appropriate warning to vehicles approaching crossing in traffic lane on left side of pavement.  Back lights shall not be required.

 

c)         Unless otherwise ordered by the Commission, on highways four or more lanes in width with no additional flashing units as set forth in Section 1535.335(b), supplemental sets of flashing light signals shall be mounted on appropriate cantilever arms (Figure 6 (Appendix B, Illustration F)) in such a manner as to provide appropriate warning to vehicles using the outer lanes.  Back lights shall also be required.

 

d)         Where conditions require, special signals such as side lights, illuminated "no left turn" and "no right turn" signs  may be installed.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.340  Direction of Indication

 

In general and except as otherwise stated elsewhere, lamp units shall be provided to give an indication in both directions along the highway.  Local conditions, such as one-way highway traffic, etc., may require a different arrangement.  The lamp units shall be equipped with peepholes in the sides.  Hoods should be used on peepholes, except in special cases where they may interfere with a train crew's observation of the light emanating therefrom.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.341  Mounting Lamp Units

 

a)         Lamp units shall be mounted horizontally on 2 foot 6 inch centers. The mountings for the lamp unit shall be provided with means for adjusting the units in both the horizontal and the vertical planes and for positive locking of the adjustments.

b)         The lamp units preferably should be mounted with a minimum clearance of 7 feet above the crown surface of the highway opposite the signal mast. Special conditions, such as a sharp approach grade, may require a variation in the height of lamps but in general the endeavor should be to place these lamps in the best position with respect to the normal line of vision of drivers of approaching vehicles and still maintain reasonable protection against accidental breakage.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.342  Design of Lamps, Hoods, and Backgrounds

 

The design of lamp units including hoods and backgrounds shall conform with current signal specifications of AREMA.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.343  Warning Indication

 

The lights shall be arranged to flash alternately, the number of flashes per minute to conform to current AREMA specifications and AREMA specifications shall constitute the minimum requirements of this Commission with respect to range and beam intensity of incandescent lamp and light emitting diode (LED) signals.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.344  Lenses and Roundels

 

Lamp units shall have lenses or roundels, red in color, at least 12 inches in diameter for both front and rear indication.  Light transmission values shall conform to current AREMA signal specifications.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.345  Signs on Flashing Light Signals

 

Where two or more tracks are crossed, the current standard reflector type sign prescribed by AREMA, or as approved by this Commission, indicating the number of tracks shall be placed upon each signal (Appendix B, Illustration E).

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.346  Bells on Flashing Light Signals

 

Bells shall be used with flashing light signals upon order or resolution of the Commission where local conditions are found to require an audible warning.

 

Section 1535.347  Painting

 

The mast and signal shall be white or aluminum in color.  The backgrounds and hoods for the lamp units shall be black, preferably a dull finish.

 

Section 1535.348  Power Source

 

Flashing light signals shall be provided with two sources of electric operating power, consisting of either two sources of commercial power, one source of commercial power and battery, or two batteries.  Where flashing light signals, however, are operated by the same power used for the propulsion of all trains, no additional source of operating power need be provided.

 

Section 1535.349  Manual Operation (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.350  Circuits

 

a)         Automatic flashing light signals shall be arranged to indicate the approach of trains on all main tracks and on auxiliary tracks included between the signals where the speed of trains approaching the crossing exceeds 5 miles per hour, for not less than 20 seconds before the arrival at the crossing of the fastest train operated over the track.  Where switching moves are made over the crossing at low speed with flagman warning on the ground a lesser signal operating time is permissible.  Where local conditions are such as to cause unduly long or frequent unnecessary operation of signals, appropriate refinements in track circuit controls to prevent unnecessary operation shall be provided consistent with the importance of the highway and the character and volume of railroad traffic.

b)         Track circuits shall be so arranged to operate flashing light signals upon approach of trains from either direction and until the rear end of trains clear the crossings.

c)         It is frequently desirable that controls for crossing signals be interconnected with those for traffic control signals at nearby highway intersections to permit highway traffic to move into the clear in advance of train movements and to permit traffic on the paralleling highway to flow while train movements are made.  Where such interconnection is to be made, approval of plans shall first be received from the Commission.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.360  Gates

 

a)         Section 1535.335(a) relating to the location of flashing light signals shall apply in locating crossing gates whether such gates are installed in conjunction with flashing light signals or independently.  In general gate arms shall extend at right angles to the highway when in lowered position.

 

b)         Gates hereafter installed shall conform, as to aspect and design, with current signal specifications of AREMA.

 

c)         Gates arms shall be striped diagonally in red and white and shall be kept reasonably clean so as to be readily observable.

 

d)         Three red lights shall be mounted upon each roadway gate arm in such manner as to give an indication in both directions along the highway at all times when gates are in the lowered position and when they are being raised and lowered.  The red lights shall be of such brilliancy as to give indication to highway traffic when at a reasonable distance from the crossing.  When lighted, the red light unit nearest the tip of the gate arm is to be steady burning and the other two lights shall flash alternately in unison with the flashing light signals.  The three lamp units shall be operated together with the flashing light signals in such manner as to give reasonable advance warning to highway traffic of the lowering of gate arms.

           

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.365  Automatic Gates

 

a)         In general, controls for automatic gates shall conform to current signal specifications of AREMA.  Appropriate refinements in track circuit controls such as "speed control," "time-out" sections, presence detectors, motion detectors, and constant warning time devices to prevent unnecessary delays to highway traffic shall be provided consistent with the importance of the highway and the character and volume of rail traffic.

 

b)         Bell, when used, shall sound a warning from the time the signal lights start to operate at least until the gate arm has descended to within 10° of the horizontal position.

 

c)         In case there is a failure of the automatic gates, the railroad company will take action, as soon as it can be done, to give warning to highway traffic until the gates are put in operable condition.

 

d)         For interconnection of automatic flashing light signals and gates with nearby traffic control signals procedures outlined in Section 1535.350(c) are to be followed.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.366  Temporary STOP Signs

 

A rail carrier shall install temporary STOP signs whenever the Commission authorizes the installation of automatic flashing light signals or automatic flashing light signals and gates at existing public highway-rail grade crossings equipped with crossbuck warning signs. The temporary STOP signs shall remain in place until the luminous flashing signal or crossing gate devices have been installed.  The rail carrier is responsible for the cost of the installation and subsequent maintenance of any required temporary STOP signs. 

 

(Source:  Added at 29 Ill. Reg. 20376, effective December 15, 2005)

SUBPART E: CHANGES IN EXISTING CROSSING MARKING OR WARNING DEVICES

 

Section 1535.400  Procedure Before Commission

 

a)         No change, except in case of emergencies, shall be made in existing marking or warning devices at any grade crossing, unless and until the approval of the Commission is obtained as outlined in this Subpart.  This Section shall not apply to the substitution of reflector type signs for plain signs.

 

b)         Approval for making minor changes in the marking or warning devices at crossings may be made by shortened procedure under Section 1535.400(c) if the changes consist of any of the following:

           

1)         Installing bells or additional lamp units on flashing light signals, or additional signal units to meet special conditions at crossings where flashing light signals are already established.

 

2)         Establishing new or additional lighting, either by floodlight or by new or additional lamps placed on gates, signs or other warning devices.

 

3)         A temporary change, such as one made necessary by highway reconstruction in progress, or the like.

 

4)         Relocating of flashing light signals or other warning devices at a particular crossing to conform to changed traffic conditions where the new location of the signals or other equipment meets the requirements of other applicable rules of this Part, including removal of track from crossing or increasing width of highway.

 

5)         Changes in track circuits or controls for automatic warning devices to conform to changed traffic conditions, to eliminate unnecessary indication or to otherwise improve operation.  Only general description of change is required.

 

6)         Eliminating signs and signals where all tracks through the crossing are abandoned and removed.

 

c)         Where changes in or additions to marking or warning devices of the nature outlined in Section 1535.400(b) are to be made, the rail carrier shall so notify the Commission, in writing, substantially according to the Commission's Form 1, at least 15 days prior to making the change or addition.  If change requires relocation of signals, Form 1 shall be accompanied by a sketch of the crossing showing existing and proposed location of said signals as well as any other contemplated changes.  If no objection is made in writing by the Commission to such change, then, upon the expiration of the 15 days notice, the rail carrier shall be deemed to have the approval of the Commission and may proceed to make the change as described.  In the event that, within 15 days after the receipt of a notice setting forth a proposed change in or addition to marking or warning devices, objection thereto shall be made in writing by the Commission, the proposed change shall not be made.  If the matter cannot be adjusted informally, the rail carrier may then file a petition seeking authority to make the proposed change, which may then be duly docketed for hearing and be disposed of in the same manner as any other formal petition.  Where, due to emergency or otherwise, it is impossible or unreasonable to give 15 days notice of a proposed change, the rail carrier shall at once notify the Commission of that fact, and may proceed to take such immediate action as may be appropriate, subject to the right of the Commission to review such action and require any further action or changes that it may find to be in the public interest.

 

d)         When a rail carrier has completed a minor change in the marking or warning devices at crossings, which was previously approved by the Commission, a Form 2 shall be submitted to the Commission.

 

e)         Where a rail carrier plans a major change or a reduction in marking or warning devices at any public grade crossing and no order has been issued by the Commission approving such change or reduction, the rail carrier shall give written notice of such change or reduction to the highway authority having jurisdiction over the roadway involved, and a copy of a letter setting forth notice of such change or reduction shall be attached to the Commission's Form 3  when filed with the Commission.  If the highway authority has objection to the proposed change or reduction, it shall notify the Commission within 45 days of receipt of the notice from the rail carrier. If no objection is filed with the Commission, the Commission may approve the proposed change or reduction without hearing by X-Resolution.

 

f)         When a significant deviation from improvements approved by the Commission occurs, the rail carrier shall submit a set of "as-built" plans to explain the deviations.

 

g)         When any city, town, village, township, county or the Department proposes any highway change, including changes in highway traffic direction, that would necessitate a change in the marking, warning devices at, or construction of any crossing, notice of the proposed change shall be submitted to the rail carrier involved at least three months in advance of the date upon which the change is to be made.  A copy of the notice shall be furnished to this Commission.

 

h)         A  supply of blank Forms 1, 2 and 3 may be requested from the Railroad Section of the Illinois Commerce Commission, 527 E. Capitol Avenue, Springfield, Illinois 62701.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

SUBPART F: OPERATION OF RAILROAD TRAINS AND CARS OVER GRADE CROSSINGS

 

Section 1535.501  Sounding of Bell, Whistle or Horn (Repealed)

 

(Source:  Repealed at 15 Ill. Reg. 10920, effective July 10, 1991)

 

Section 1535.502  Other Warning

 

In addition to warnings by whistle, bell or horn as required by statute, every railroad train shall give warning by prolonged or repeated whistling when passing or meeting or about to pass or meet a train, at or in the immediate vicinity of a grade crossing, under such circumstances that the second train will materially obscure the view of the first mentioned train to persons who may be about to use the crossing.

 

(Source:  Amended at 11 Ill. Reg. 19027, effective November 15, 1987)

 

Section 1535.503  Approaching Grade Crossings Prepared to Stop

 

Every railroad motor car, hi-rail car, speeder or other piece of self-propelled work equipment (hereafter in this Section collectively referred to as "motor car"), not constituting a railroad train and not used for the transportation of passengers or freight, shall be operated so that it will approach all highway grade crossings under control, prepared to stop, unless there is an assured clear way over the crossing.  The speed of such motor car over any grade crossing shall at all times be reasonable and, if there is not an assured clear way over the crossing, shall not exceed five (5) miles per hour.  When operated between sunset and sunrise, such motor car shall be equipped with a fixed or portable light or lantern to give warning of its approach.

 

Section 1535.504  Crew Member to Give Warning at Crossing

 

a)         When cars are pushed by an engine over public highway crossings that are not equipped with warning devices at grade, a member of the crew on the ground must give warning at the crossing.

 

b)         When the leading car is equipped with a back up brake hose or whistle in proper operating condition and is controlled by a member of the crew, warning by a crew member on the ground is not required.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

SUBPART G: SUBWAYS AND VIADUCTS

 

Section 1535.601  Order of Commission to Construct Subway or Viaduct

 

No subway or viaduct (as the said terms are defined in this Part) shall be constructed unless and until this Commission shall have issued an order so authorizing.

 

Section 1535.602  Petitioner For Permission

 

Petitioner for permission from this Commission for the construction of such subway or viaduct shall be the interested railroad company or a public officer or public body having authority to extend, or cause to be extended, the highway as proposed.  The application should be accompanied by a general plan or plat showing with reasonable certainty the nature, location and construction of the proposed separation of grades, along with a preliminary design report or a bridge condition report that defines the need for the project, the scope of the project, and a detailed preliminary estimate of cost.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.603  Plans Considered Separately

 

The plans for each proposed subway or viaduct will be considered separately in the light of local conditions.  The clearances with respect to railroad tracks will be governed by 92 Ill. Adm. Code 1500  or any amendment or modification thereof that may hereafter be adopted.  The current practice of the Department for subways or viaducts will be regarded as a reasonable practice.  The general design requirements of AREMA will be regarded as reasonable construction standards for structures carrying railroad traffic.  It is recommended that those in charge of the projects consult with the Department prior to the preparation of detail plans or the filing of an application with this Commission.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.604  Hazard Markers

 

Hazard markers, unless otherwise specifically ordered by this Commission, are to be furnished, installed, maintained and replaced by and at the expense of the public authority having the duty of maintaining the signs along the highway upon which such signs are located and they shall be of the reflectorized type and conform to the MUTCD.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)

 

Section 1535.605  Mounting of Hazard Markers

 

Hazard markers may be mounted upon, or immediately in advance of, obstructions such as center piers of subways, etc., in or near highways at crossings to indicate to approaching traffic the presence of such hazards.

 

Section 1535.606  Clearance Signs

 

On all overhead railroad structures having vertical clearance of less than 14'6" clearance, signs are to be furnished, installed, maintained and replaced by and at the expense of the public authority having the duty of maintaining the signs along the highway requiring such signs or as covered by agreement. Said signs are to be mounted on the sides of the overhead structure, one facing traffic approaching from each direction, indicating in large legible figures the appropriate numbers for clearance accommodated under the structure.  It shall be the duty of said public authority to determine the clearance to be indicated on said sign.  Railroad companies may elect to do the actual work of installing, maintaining or replacing clearance signs.  The railroad company shall notify as soon as possible the public authority having such duties of any changes in their grade separation structures affecting such clearances.

SUBPART H: BARRICADES

 

Section 1535.701  Construction of Barricades

 

When by order of the Commission a grade crossing is closed and abolished pursuant to the provisions of Section 18c-7401 of the Law, suitable barricades of neat design shall be constructed in a manner as to prevent use of the crossing by vehicular traffic.  The barricades  shall be provided with retroreflective material so as to be readily visible during both daylight hours and during nighttime hours in the beam of motor vehicle headlamps.  The rail carrier shall be required to pay for the installation of the barricades, and the road authority shall be responsible for all future maintenance.

 

(Source:  Amended at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX A   Forms

 

Section 1535.ILLUSTRATION A   Form 1

 

STATE OF ILLINOIS

Illinois Commerce Commission

Transportation Division

Form 1

Notice of proposed minor change in crossing

markings or warning devices under 92 Illinois

Administrative Code 1535.400(b) and (c).

 

Date:

 

To the Illinois Commerce Commission:

 

The (name of railroad company) hereby gives notice that it proposes to make a change, designated as a minor change under 92 Illinois Administrative Code 1535.400(b) and (c) at (DOT Inventory #) located (in or near) (city or village), being the crossing of (name of street or highway), with (designation of tracks or lines to be crossed).  A full statement of the proposed changes is as follows:

 

 

 

		(Railroad Company)
	By
		(Name)
		(Title)
		(Phone Number)

 

(Attach additional sheet if necessary)

 

 

Completion of this form is necessary to accomplish the statutory purpose as outlined in the Illinois Commercial Transportation Law, Section 18c-7401.

 

(Source:  Old Illustration A repealed at 11 Ill. Reg. 19027, effective November 15, 1987; new Illustration A adopted at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX A   Forms

 

Section 1535.ILLUSTRATION B   Form 2

 

STATE OF ILLINOIS

Illinois Commerce Commission

Transportation Division

Form 2

Notice of completion of minor change in crossing warning devices under 92 Illinois Administrative Code 1535.400(c).

 

Date:

 

To the Illinois Commerce Commission:

 

The (name of railroad company) hereby gives notice that on (date) it completed the making of a minor change at crossing (DOT Inventory #) (Railroad Milepost), located (in or near) (city or village) in accordance with the notice proposing such change given to this Commission on (date).

 

 

 

		(Railroad Company)
	By
		(Name)
		(Title)
		(Phone Number)

 

 

Completion of this form is necessary to accomplish the statutory purpose as outlined in the Illinois Commercial Transportation Law, Section 18c-7401.

 

(Source:  Old Illustration B repealed at 11 Ill. Reg. 19027, effective November 15, 1987; new Illustration B adopted at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX A   Forms

 

Section 1535.ILLUSTRATION C   Form 3

 

Completion of this form is necessary to accomplish the statutory purpose as outlined in the Illinois Commercial Transportation Law, Section 18c-7401. Failure to provide the requested information may prevent your request from being processed.

 

Form 3

STATE OF ILLINOIS

ILLINOIS COMMERCE COMMISSION

 

 

Petition for permission to make a change in crossing warning devices, or to install new warning devices, under 92 Illinois Administrative Code 1535.400(d).

 

Date:  December 15, 2005___

 

To the Illinois Commerce Commission:

 

The petitioner (Name of Railroad Company) shows:

 

(1)       That it is a railroad company operating a line of railroad in the State of Illinois.

 

(2)       That petitioner proposes and hereby makes application for authority to make a major change in crossing warning devices, or to install new warning devices, under 92 Illinois Administrative Code 1535.400(d) adopted by this Commission.

 

(3)       That the location of the crossing, the nature of existing warning devices and proposed warning devices, and other pertinent facts in connection therewith, are set forth in the statement attached to and forming part of this petition.

 

(4)       That petitioner's reasons and purpose, with reference to its said proposal are:

 

(State reasons and purpose)

 

(5)       That the facts set forth in this petition and in the statement and plans or plats attached thereto are, all of them, true and correct to the best of petitioner's knowledge and belief.

 

WHEREFORE, the petitioner prays that the Commission will, if deemed desirable by the Commission, set the aforesaid matter for hearing, and that the Commission enter an order or adopt a resolution consenting to and granting authority for the making of the said proposed changes in or additions to crossing warning devices.

 

 

 

		(Name of Railroad Company)
	By
		(Name of Person Submitting Form 3)
		(Title of Person – use Enter key for additional lines)
		(Phone Number)
(Attorney for Petitioner)
(Attorney's Address) (Use Enter key for up to four additional lines.)

 

Statement, attached to and part of an application for permission to make a major change in crossing warning devices or to install new warning devices, under 92 Ill. Adm. Code 1535.400(d).

 

1.

Name of Railroad Company

2.

Crossing Number & Railroad Milepost

(Separate statement should be filed for each crossing)

3.

Village or City

(Please indicate whether in or near Village/City)

4.

Name of Street or Highway

5.

Public Agency Maintaining Highway

(DOT, County, Township, City)

6.

Existing warning devices:

(Give full description. Indicate the hours of any manual warning devices.)

7.

Proposed warning devices:

(Give details)

8.

Number of main tracks

Other tracks

9.

Number of passenger train movements:

6 a.m. to 6 p.m.

6 p.m. to 6 a.m.

10.

Number of freight train movements:

6 a.m. to 6 p.m.

6 p.m. to 6 a.m.

11.

Approximate number of switch movements:

6 a.m. to 6 p.m.

6 p.m. to 6 a.m.

12.

Maximum speed of trains at crossing on each track in each direction

Track 1 N/E Bound

mph

S/W Bound

mph

Track 2 N/E Bound

mph

S/W Bound

mph

Track 3 N/E Bound

mph

S/W Bound

mph

13.

Passenger platforms served by tracks within the limits of track circuits, if any

14.

Where automatic signals or gates are proposed, approximate number of train or engine movements daily that would cause false indications or operation

15.

Nature and approximate amount of street or highway traffic over crossing

16.

In addition to the information listed hereinbefore in Form 3, attach a track plan or plat of the proposed crossing This plan should show:

(a)

Width and surface of highway.

(b)

Highway intersections (including private driveways to be so indicated) and location of established highway signs or signals within 100 feet of crossing.

(c)

Location of tracks, switches and other railroad facilities such as block signals, etc., within limits of track circuits, present and/or proposed

(d)

Where automatic warning devices are proposed, show proposed location of signals (sidelights, cantilevers, etc., if any).

(e)

Show the length of each operation track section within the control limits of the crossing warning devices and its function.

 

ADDITIONAL INFORMATION

 

VERIFICATION

 

I,	(Name)			, first being duly sworn upon oath depose and say that I am
(Title)		of	(Railroad Name)			, an	(State)	corporation; that I
have read the above and foregoing petition by me subscribed and know the contents thereof; that said contents are true in substance and in fact, except as to those matters stated upon information and belief, and as to those, I believe same to be true.
					(Signature above line & Title below line)

 

(Source:  Old Illustration C repealed at 11 Ill. Reg. 19027, effective November 15, 1987; new Illustration C adopted at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX B   Drawings

 

Section 1535.ILLUSTRATION A   Reflectorized Crossbuck Signs (50 degrees) (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX B   Drawings

 

Section 1535.ILLUSTRATION B   Reflectorized Crossbuck Signs (90 degrees) (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX B   Drawings

 

Section 1535.ILLUSTRATION C   Advance Warning Sign (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX B   Drawings

 

Section 1535.ILLUSTRATION D   Reflectorized "Watchman Off Duty" Sign (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX B   Drawings

 

Section 1535.ILLUSTRATION G   "No Right Turn" or "No Left Turn" Signal (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)




Section 1535.APPENDIX B   Drawings

 

Section 1535.ILLUSTRATION H   Reflectorized "Gates Not Working" Sign (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 20376, effective December 15, 2005)