093_HB1771eng HB1771 Engrossed LRB093 06536 LCB 06661 b 1 AN ACT regarding vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 18c-7401 as follows: 6 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) 7 Sec. 18c-7401. Safety Requirements for Track, 8 Facilities, and Equipment. 9 (1) General Requirements. Each rail carrier shall, 10 consistent with rules, orders, and regulations of the Federal 11 Railroad Administration, construct, maintain, and operate all 12 of its equipment, track, and other property in this State in 13 such a manner as to pose no undue risk to its employees or 14 the person or property of any member of the public. 15 (2) Adoption of Federal Standards. The track safety 16 standards and accident/incident standards promulgated by the 17 Federal Railroad Administration shall be safety standards of 18 the Commission. The Commission may, in addition, adopt by 19 reference in its regulations other federal railroad safety 20 standards, whether contained in federal statutes or in 21 regulations adopted in accordance with federalpursuant to22suchstatutes. 23 (3) Railroad Crossings. No public road, highway, or 24 street shall hereafter be constructed across the track of any 25 rail carrier at grade, nor shall the track of any rail 26 carrier be constructed across a public road, highway or 27 street at grade, without having first secured the permission 28 of the Commission; provided, that this Section shall not 29 apply to the replacement of lawfully existing roads, highways 30 and tracks. No public pedestrian bridge or subway shall be 31 constructed across the track of any rail carrier without HB1771 Engrossed -2- LRB093 06536 LCB 06661 b 1 having first secured the permission of the Commission. The 2 Commission shall have the right to refuse its permission or 3 to grant it upon such terms and conditions as it may 4 prescribe. The Commission shall have power to determine and 5 prescribe the manner, including the particular point of 6 crossing, and the terms of installation, operation, 7 maintenance, use and protection of each such crossing. 8 The Commission shall also have power, after a hearing, to 9 require major alteration of or to abolish any crossing, 10 heretofore or hereafter established, when in its opinion, the 11 public safety requires such alteration or abolition, and, 12 except in cities, villages and incorporated towns of 13 1,000,000 or more inhabitants, to vacate and close that part 14 of the highway on such crossing altered or abolished and 15 cause barricades to be erected across such highway in such 16 manner as to prevent the use of such crossing as a highway, 17 when, in the opinion of the Commission, the public 18 convenience served by the crossing in question is not such as 19 to justify the further retention thereof; or to require a 20 separation of grades, at railroad-highway grade crossings; or 21 to require a separation of grades at any proposed crossing 22 where a proposed public highway may cross the tracks of any 23 rail carrier or carriers; and to prescribe, after a hearing 24 of the parties, the terms upon which such separations shall 25 be made and the proportion in which the expense of the 26 alteration or abolition of such crossings or the separation 27 of such grades, having regard to the benefits, if any, 28 accruing to the rail carrier or any party in interest, shall 29 be divided between the rail carrier or carriers affected, or 30 between such carrier or carriers and the State, county, 31 municipality or other public authority in interest. However, 32 a public hearing by the Commission to abolish a crossing 33 shall not be required when the public highway authority in 34 interest vacates the highway. In such instance the rail HB1771 Engrossed -3- LRB093 06536 LCB 06661 b 1 carrier, following notification to the Commission and the 2 highway authority, shall remove any grade crossing warning 3 devices and the grade crossing surface. 4 The Commission shall also have power by its order to 5 require the reconstruction, minor alteration, minor 6 relocation or improvement of any crossing (including the 7 necessary highway approaches thereto) of any railroad across 8 any highway or public road, pedestrian bridge, or pedestrian 9 subway, whether such crossing be at grade or by overhead 10 structure or by subway, whenever the Commission finds after a 11 hearing or without a hearing as otherwise provided in this 12 paragraph that such reconstruction, alteration, relocation or 13 improvement is necessary to preserve or promote the safety or 14 convenience of the public or of the employees or passengers 15 of such rail carrier or carriers. By its original order or 16 supplemental orders in such case, the Commission may direct 17 such reconstruction, alteration, relocation, or improvement 18 to be made in such manner and upon such terms and conditions 19 as may be reasonable and necessary and may apportion the cost 20 of such reconstruction, alteration, relocation or improvement 21 and the subsequent maintenance thereof, having regard to the 22 benefits, if any, accruing to the railroad or any party in 23 interest, between the rail carrier or carriers and public 24 utilities affected, or between such carrier or carriers and 25 public utilities and the State, county, municipality or other 26 public authority in interest. The cost to be so apportioned 27 shall include the cost of changes or alterations in the 28 equipment of public utilities affected as well as the cost of 29 the relocation, diversion or establishment of any public 30 highway, made necessary by such reconstruction, alteration, 31 relocation or improvement of said crossing. A hearing shall 32 not be required in those instances when the Commission enters 33 an order confirming a written stipulation in which the 34 Commission, the public highway authority or other public HB1771 Engrossed -4- LRB093 06536 LCB 06661 b 1 authority in interest, the rail carrier or carriers affected, 2 and in instances involving the use of the Grade Crossing 3 Protection Fund, the Illinois Department of Transportation, 4 agree on the reconstruction, alteration, relocation, or 5 improvement and the subsequent maintenance thereof and the 6 division of costs of such changes of any grade crossing 7 (including the necessary highway approaches thereto) of any 8 railroad across any highway, pedestrian bridge, or pedestrian 9 subway. 10 Every rail carrier operating in the State of Illinois 11 shall construct and maintain every highway crossing over its 12 tracks within the State so that the roadway at the 13 intersection shall be as flush with the rails as 14 superelevated curves will allow, and, unless otherwise 15 ordered by the Commission, shall construct and maintain the 16 approaches thereto at a grade of not more than 5% within the 17 right of way for a distance of not less the 6 feet on each 18 side of the centerline of such tracks; provided, that the 19 grades at the approaches may be maintained in excess of 5% 20 only when authorized by the Commission. 21 Every rail carrier operating within this State shall 22 remove from its right of way at all railroad-highway grade 23 crossings within the State, such brush, shrubbery, and trees 24 as is reasonably practical for a distance of not less than 25 500 feet in either direction from each grade crossing. The 26 Commission shall have power, upon its own motion, or upon 27 complaint, and after having made proper investigation, to 28 require the installation of adequate and appropriate luminous 29 reflective warning signs, luminous flashing signals, crossing 30 gates illuminated at night, or other protective devices in 31 order to promote and safeguard the health and safety of the 32 public. Luminous flashing signal or crossing gate devices 33 installed at grade crossings, which have been approved by the 34 Commission, shall be deemed adequate and appropriate. The HB1771 Engrossed -5- LRB093 06536 LCB 06661 b 1 Commission shall have authority to determine the number, 2 type, and location of such signs, signals, gates, or other 3 protective devices which, however, shall conform as near as 4 may be with generally recognized national standards, and the 5 Commission shall have authority to prescribe the division of 6 the cost of the installation and subsequent maintenance of 7 such signs, signals, gates, or other protective devices 8 between the rail carrier or carriers, the public highway 9 authority or other public authority in interest, and in 10 instances involving the use of the Grade Crossing Protection 11 Fund, the Illinois Department of Transportation. 12 No railroad may change or modify the warning device 13 system at a railroad-highway grade crossing, including 14 warning systems interconnected with highway traffic control 15 signals, without having first received the approval of the 16 Commission. The Commission shall have the further power, 17 upon application, upon its own motion, or upon complaint and 18 after having made proper investigation, to require the 19 interconnection of grade crossing warning devices with 20 traffic control signals at highway intersections located at 21 or near railroad crossings within the distances described by 22 the State Manual on Uniform Traffic Control Devices adopted 23 pursuant to Section 11-301 of this Code. In addition, State 24 and local authorities may not install, remove, modernize, or 25 otherwise modify traffic control signals at a highway 26 intersection that is interconnected or proposed to be 27 interconnected with grade crossing warning devices when the 28 change affects the number, type, or location of traffic 29 control devices on the track approach leg or legs of the 30 intersection or the timing of the railroad preemption 31 sequence of operation until the Commission has approved the 32 installation, removal, modernization, or modification. 33 Commission approval shall be limited to consideration of 34 issues directly affecting the public safety at the HB1771 Engrossed -6- LRB093 06536 LCB 06661 b 1 railroad-highway grade crossing. The electrical circuit 2 devices, alternate warning devices, and preemption sequences 3 shall conform as nearly as possible, considering the 4 particular characteristics of the crossing and intersection 5 area, to the State manual adopted by the Illinois Department 6 of Transportation pursuant to Section 11-301 of this Code and 7 such federal standards as are made applicable by subsection 8 (2) of this Section. In order to carry out this authority, 9 the Commission shall have the authority to determine the 10 number, type, and location of traffic control devices on the 11 track approach leg or legs of the intersection and the timing 12 of the railroad preemption sequence of operation. The 13 Commission shall prescribe the division of costs for 14 installation and maintenance of all devices required by this 15 paragraph between the railroad or railroads and the highway 16 authority in interest and in instances involving the use of 17 the Grade Crossing Protection Fund or a State highway, the 18 Illinois Department of Transportation. 19 Any person who unlawfully or maliciously removes, throws 20 down, damages or defaces any sign, signal, gate or other 21 protective device, located at or near any public grade 22 crossing, shall be guilty of a petty offense and fined not 23 less than $50 nor more than $200 for each offense. In 24 addition to fines levied under the provisions of this Section 25 a person adjudged guilty hereunder may also be directed to 26 make restitution for the costs of repair or replacement, or 27 both, necessitated by his misconduct. 28 It is the public policy of the State of Illinois to 29 enhance public safety by establishing safe grade crossings. 30 In order to implement this policy, the Illinois Commerce 31 Commission is directed to conduct public hearings and to 32 adopt specific criteria by July 1, 1994, that shall be 33 adhered to by the Illinois Commerce Commission in determining 34 if a grade crossing should be opened or abolished. The HB1771 Engrossed -7- LRB093 06536 LCB 06661 b 1 following factors shall be considered by the Illinois 2 Commerce Commission in developing the specific criteria for 3 opening and abolishing grade crossings: 4 (a) timetable speed of passenger trains; 5 (b) distance to an alternate crossing; 6 (c) accident history for the last 5 years; 7 (d) number of vehicular traffic and posted speed 8 limits; 9 (e) number of freight trains and their timetable 10 speeds; 11 (f) the type of warning device present at the grade 12 crossing; 13 (g) alignments of the roadway and railroad, and the 14 angle of intersection of those alignments; 15 (h) use of the grade crossing by trucks carrying 16 hazardous materials, vehicles carrying passengers for 17 hire, and school buses; and 18 (i) use of the grade crossing by emergency 19 vehicles. 20 The Illinois Commerce Commission, upon petition to open 21 or abolish a grade crossing, shall enter an order opening or 22 abolishing the crossing if it meets the specific criteria 23 adopted by the Commission. 24 Except as otherwise provided in this subsection (3), in 25 no instance shall a grade crossing be permanently closed 26 without public hearing first being held and notice of such 27 hearing being published in an area newspaper of local general 28 circulation. 29 (4) Freight Trains - Radio Communications. The 30 Commission shall after hearing and order require that every 31 main line railroad freight train operating on main tracks 32 outside of yard limits within this State shall be equipped 33 with a radio communication system. The Commission after 34 notice and hearing may grant exemptions from the requirements HB1771 Engrossed -8- LRB093 06536 LCB 06661 b 1 of this Section as to secondary and branch lines. 2 (5) Railroad Bridges and Trestles - Walkway and 3 Handrail. In cases in which the Commission finds the same to 4 be practical and necessary for safety of railroad employees, 5 bridges and trestles, over and upon which railroad trains are 6 operated, shall include as a part thereof, a safe and 7 suitable walkway and handrail on one side only of such bridge 8 or trestle, and such handrail shall be located at the outer 9 edge of the walkway and shall provide a clearance of not less 10 than 8 feet, 6 inches, from the center line of the nearest 11 track, measured at right angles thereto. 12 (6) Packages Containing Articles for First Aid to 13 Injured on Trains. All rail carriers shall provide a package 14 containing the articles prescribed by the Commission, on each 15 train or engine, for first aid to persons who may be injured 16 in the course of the operation of such trains. 17 (7) Abandoned Bridges, Crossings, and Other Rail Plant. 18 The Commission shall have authority, after notice and 19 hearing, to order: 20 (a) The removal of any abandoned railroad tracks 21 from roads, streets or other thoroughfares in this State; 22 and 23 (b) The removal of abandoned overhead railroad 24 structures crossing highways, waterways, or railroads. 25 The Commission may equitably apportion the cost of such 26 actions between the rail carrier or carriers, public 27 utilities, and the State, county, municipality, township, 28 road district, or other public authority in interest. 29 (8) Railroad-Highway Bridge Clearance. A vertical 30 clearance of not less than 23 feet above the top of rail 31 shall be provided for all new or reconstructed highway 32 bridges constructed over a railroad track. The Commission 33 may permit a lesser clearance if it determines that the 23 34 foot clearance standard cannot be justified based on HB1771 Engrossed -9- LRB093 06536 LCB 06661 b 1 engineering, operational, and economic conditions. 2 (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)