093_HB3130
LRB093 05961 DRH 06058 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 federal pursuant to
22 such statutes.
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
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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
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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
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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
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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
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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
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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
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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
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1 engineering, operational, and economic conditions.
2 (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)