Sen. John G. Mulroe

Filed: 4/1/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3313

2    AMENDMENT NO. ______. Amend Senate Bill 3313 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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, Facilities,
8and Equipment.
9    (1) General Requirements. Each rail carrier shall,
10consistent with rules, orders, and and regulations of the
11Federal Railroad Administration, construct, maintain, and
12operate all of its equipment, track, and other property in this
13State in such a manner as to pose no undue risk to its
14employees or the person or property of any member of the
15public.
16    (2) Adoption of Federal Standards. The track safety

 

 

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1standards and accident/incident standards promulgated by the
2Federal Railroad Administration shall be safety standards of
3the Commission. The Commission may, in addition, adopt by
4reference in its regulations other federal railroad safety
5standards, whether contained in federal statutes or in
6regulations adopted pursuant to such statutes.
7    (3) Railroad Crossings. No public road, highway, or street
8shall hereafter be constructed across the track of any rail
9carrier at grade, nor shall the track of any rail carrier be
10constructed across a public road, highway or street at grade,
11without having first secured the permission of the Commission;
12provided, that this Section shall not apply to the replacement
13of lawfully existing roads, highways and tracks. No public
14pedestrian bridge or subway shall be constructed across the
15track of any rail carrier without having first secured the
16permission of the Commission. The Commission shall have the
17right to refuse its permission or to grant it upon such terms
18and conditions as it may prescribe. The Commission shall have
19power to determine and prescribe the manner, including the
20particular point of crossing, and the terms of installation,
21operation, maintenance, use and protection of each such
22crossing.
23    The Commission shall also have power, after a hearing, to
24require major alteration of or to abolish any crossing,
25heretofore or hereafter established, when in its opinion, the
26public safety requires such alteration or abolition, and,

 

 

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1except in cities, villages and incorporated towns of 1,000,000
2or more inhabitants, to vacate and close that part of the
3highway on such crossing altered or abolished and cause
4barricades to be erected across such highway in such manner as
5to prevent the use of such crossing as a highway, when, in the
6opinion of the Commission, the public convenience served by the
7crossing in question is not such as to justify the further
8retention thereof; or to require a separation of grades, at
9railroad-highway grade crossings; or to require a separation of
10grades at any proposed crossing where a proposed public highway
11may cross the tracks of any rail carrier or carriers; and to
12prescribe, after a hearing of the parties, the terms upon which
13such separations shall be made and the proportion in which the
14expense of the alteration or abolition of such crossings or the
15separation of such grades, having regard to the benefits, if
16any, accruing to the rail carrier or any party in interest,
17shall be divided between the rail carrier or carriers affected,
18or between such carrier or carriers and the State, county,
19municipality or other public authority in interest. However, a
20public hearing by the Commission to abolish a crossing shall
21not be required when the public highway authority in interest
22vacates the highway. In such instance the rail carrier,
23following notification to the Commission and the highway
24authority, shall remove any grade crossing warning devices and
25the grade crossing surface.
26    The Commission shall also have power by its order to

 

 

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1require the reconstruction, minor alteration, minor relocation
2or improvement of any crossing (including the necessary highway
3approaches thereto) of any railroad across any highway or
4public road, pedestrian bridge, or pedestrian subway, whether
5such crossing be at grade or by overhead structure or by
6subway, whenever the Commission finds after a hearing or
7without a hearing as otherwise provided in this paragraph that
8such reconstruction, alteration, relocation or improvement is
9necessary to preserve or promote the safety or convenience of
10the public or of the employees or passengers of such rail
11carrier or carriers. By its original order or supplemental
12orders in such case, the Commission may direct such
13reconstruction, alteration, relocation, or improvement to be
14made in such manner and upon such terms and conditions as may
15be reasonable and necessary and may apportion the cost of such
16reconstruction, alteration, relocation or improvement and the
17subsequent maintenance thereof, having regard to the benefits,
18if any, accruing to the railroad or any party in interest,
19between the rail carrier or carriers and public utilities
20affected, or between such carrier or carriers and public
21utilities and the State, county, municipality or other public
22authority in interest. The cost to be so apportioned shall
23include the cost of changes or alterations in the equipment of
24public utilities affected as well as the cost of the
25relocation, diversion or establishment of any public highway,
26made necessary by such reconstruction, alteration, relocation

 

 

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1or improvement of said crossing. A hearing shall not be
2required in those instances when the Commission enters an order
3confirming a written stipulation in which the Commission, the
4public highway authority or other public authority in interest,
5the rail carrier or carriers affected, and in instances
6involving the use of the Grade Crossing Protection Fund, the
7Illinois Department of Transportation, agree on the
8reconstruction, alteration, relocation, or improvement and the
9subsequent maintenance thereof and the division of costs of
10such changes of any grade crossing (including the necessary
11highway approaches thereto) of any railroad across any highway,
12pedestrian bridge, or pedestrian subway.
13    Every rail carrier operating in the State of Illinois shall
14construct and maintain every highway crossing over its tracks
15within the State so that the roadway at the intersection shall
16be as flush with the rails as superelevated curves will allow,
17and, unless otherwise ordered by the Commission, shall
18construct and maintain the approaches thereto at a grade of not
19more than 5% within the right of way for a distance of not less
20the 6 feet on each side of the centerline of such tracks;
21provided, that the grades at the approaches may be maintained
22in excess of 5% only when authorized by the Commission.
23    Every rail carrier operating within this State shall remove
24from its right of way at all railroad-highway grade crossings
25within the State, such brush, shrubbery, and trees as is
26reasonably practical for a distance of not less than 500 feet

 

 

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1in either direction from each grade crossing. The Commission
2shall have power, upon its own motion, or upon complaint, and
3after having made proper investigation, to require the
4installation of adequate and appropriate luminous reflective
5warning signs, luminous flashing signals, crossing gates
6illuminated at night, or other protective devices in order to
7promote and safeguard the health and safety of the public.
8Luminous flashing signal or crossing gate devices installed at
9grade crossings, which have been approved by the Commission,
10shall be deemed adequate and appropriate. The Commission shall
11have authority to determine the number, type, and location of
12such signs, signals, gates, or other protective devices which,
13however, shall conform as near as may be with generally
14recognized national standards, and the Commission shall have
15authority to prescribe the division of the cost of the
16installation and subsequent maintenance of such signs,
17signals, gates, or other protective devices between the rail
18carrier or carriers, the public highway authority or other
19public authority in interest, and in instances involving the
20use of the Grade Crossing Protection Fund, the Illinois
21Department of Transportation. Except where train crews provide
22flagging of the crossing to road users, yield signs shall be
23installed at all highway intersections with every grade
24crossing in this State that is not equipped with automatic
25warning devices, such as luminous flashing signals or crossing
26gate devices. A stop sign may be used in lieu of the yield sign

 

 

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1when an engineering study conducted in cooperation with the
2highway authority and the Illinois Department of
3Transportation has determined that a stop sign is warranted. If
4the Commission has ordered the installation of luminous
5flashing signal or crossing gate devices at a grade crossing
6not equipped with active warning devices, the Commission shall
7order the installation of temporary stop signs at the highway
8intersection with the grade crossing unless an engineering
9study has determined that a stop sign is not appropriate. If a
10stop sign is not appropriate, the Commission may order the
11installation of other appropriate supplemental signing as
12determined by an engineering study. The temporary signs shall
13remain in place until the luminous flashing signal or crossing
14gate devices have been installed. The rail carrier is
15responsible for the installation and subsequent maintenance of
16any required signs. The permanent signs shall be in place by
17July 1, 2011.
18    No railroad may change or modify the warning device system
19at a railroad-highway grade crossing, including warning
20systems interconnected with highway traffic control signals,
21without having first received the approval of the Commission.
22The Commission shall have the further power, upon application,
23upon its own motion, or upon complaint and after having made
24proper investigation, to require the interconnection of grade
25crossing warning devices with traffic control signals at
26highway intersections located at or near railroad crossings

 

 

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1within the distances described by the State Manual on Uniform
2Traffic Control Devices adopted pursuant to Section 11-301 of
3this Code. In addition, State and local authorities may not
4install, remove, modernize, or otherwise modify traffic
5control signals at a highway intersection that is
6interconnected or proposed to be interconnected with grade
7crossing warning devices when the change affects the number,
8type, or location of traffic control devices on the track
9approach leg or legs of the intersection or the timing of the
10railroad preemption sequence of operation until the Commission
11has approved the installation, removal, modernization, or
12modification. Commission approval shall be limited to
13consideration of issues directly affecting the public safety at
14the railroad-highway grade crossing. The electrical circuit
15devices, alternate warning devices, and preemption sequences
16shall conform as nearly as possible, considering the particular
17characteristics of the crossing and intersection area, to the
18State manual adopted by the Illinois Department of
19Transportation pursuant to Section 11-301 of this Code and such
20federal standards as are made applicable by subsection (2) of
21this Section. In order to carry out this authority, the
22Commission shall have the authority to determine the number,
23type, and location of traffic control devices on the track
24approach leg or legs of the intersection and the timing of the
25railroad preemption sequence of operation. The Commission
26shall prescribe the division of costs for installation and

 

 

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1maintenance of all devices required by this paragraph between
2the railroad or railroads and the highway authority in interest
3and in instances involving the use of the Grade Crossing
4Protection Fund or a State highway, the Illinois Department of
5Transportation.
6    Any person who unlawfully or maliciously removes, throws
7down, damages or defaces any sign, signal, gate or other
8protective device, located at or near any public grade
9crossing, shall be guilty of a petty offense and fined not less
10than $50 nor more than $200 for each offense. In addition to
11fines levied under the provisions of this Section a person
12adjudged guilty hereunder may also be directed to make
13restitution for the costs of repair or replacement, or both,
14necessitated by his misconduct.
15    It is the public policy of the State of Illinois to enhance
16public safety by establishing safe grade crossings. In order to
17implement this policy, the Illinois Commerce Commission is
18directed to conduct public hearings and to adopt specific
19criteria by July 1, 1994, that shall be adhered to by the
20Illinois Commerce Commission in determining if a grade crossing
21should be opened or abolished. The following factors shall be
22considered by the Illinois Commerce Commission in developing
23the specific criteria for opening and abolishing grade
24crossings:
25        (a) timetable speed of passenger trains;
26        (b) distance to an alternate crossing;

 

 

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1        (c) accident history for the last 5 years;
2        (d) number of vehicular traffic and posted speed
3    limits;
4        (e) number of freight trains and their timetable
5    speeds;
6        (f) the type of warning device present at the grade
7    crossing;
8        (g) alignments of the roadway and railroad, and the
9    angle of intersection of those alignments;
10        (h) use of the grade crossing by trucks carrying
11    hazardous materials, vehicles carrying passengers for
12    hire, and school buses; and
13        (i) use of the grade crossing by emergency vehicles.
14    The Illinois Commerce Commission, upon petition to open or
15abolish a grade crossing, shall enter an order opening or
16abolishing the crossing if it meets the specific criteria
17adopted by the Commission.
18    Except as otherwise provided in this subsection (3), in no
19instance shall a grade crossing be permanently closed without
20public hearing first being held and notice of such hearing
21being published in an area newspaper of local general
22circulation.
23    (4) Freight Trains - Radio Communications. The Commission
24shall after hearing and order require that every main line
25railroad freight train operating on main tracks outside of yard
26limits within this State shall be equipped with a radio

 

 

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1communication system. The Commission after notice and hearing
2may grant exemptions from the requirements of this Section as
3to secondary and branch lines.
4    (5) Railroad Bridges and Trestles - Walkway and Handrail.
5In cases in which the Commission finds the same to be practical
6and necessary for safety of railroad employees, bridges and
7trestles, over and upon which railroad trains are operated,
8shall include as a part thereof, a safe and suitable walkway
9and handrail on one side only of such bridge or trestle, and
10such handrail shall be located at the outer edge of the walkway
11and shall provide a clearance of not less than 8 feet, 6
12inches, from the center line of the nearest track, measured at
13right angles thereto.
14    (6) Packages Containing Articles for First Aid to Injured
15on Trains.
16        (a) All rail carriers shall provide a first aid kit
17    that contains, at a minimum, those articles prescribed by
18    the Commission, on each train or engine, for first aid to
19    persons who may be injured in the course of the operation
20    of such trains.
21        (b) A vehicle, excluding a taxi cab used in an
22    emergency situation, operated by a contract carrier
23    transporting railroad employees in the course of their
24    employment shall be equipped with a readily available first
25    aid kit that contains, as a minimum, the same articles that
26    are required on each train or engine.

 

 

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1    (7) Abandoned Bridges, Crossings, and Other Rail Plant. The
2Commission shall have authority, after notice and hearing, to
3order:
4        (a) The removal of any abandoned railroad tracks from
5    roads, streets or other thoroughfares in this State; and
6        (b) The removal of abandoned overhead railroad
7    structures crossing highways, waterways, or railroads.
8    The Commission may equitably apportion the cost of such
9actions between the rail carrier or carriers, public utilities,
10and the State, county, municipality, township, road district,
11or other public authority in interest.
12    (8) Railroad-Highway Bridge Clearance. A vertical
13clearance of not less than 23 feet above the top of rail shall
14be provided for all new or reconstructed highway bridges
15constructed over a railroad track. The Commission may permit a
16lesser clearance if it determines that the 23 foot clearance
17standard cannot be justified based on engineering,
18operational, and economic conditions.
19(Source: P.A. 96-470, eff. 8-14-09; 97-374, eff. 1-1-12.)".