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| [ House Amendment 001 ] |
90_HB0638
625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402
Amends the Illinois Vehicle Code. Provides that a rail
carrier may not operate its trains in Illinois by remote
control. Provides that no rail carrier in Illinois shall
permit or require any locomotive power unit to be operated by
a crew of fewer than 2 employees. Provides that at least one
employee shall be a certified railroad locomotive engineer
and at least one employee shall be either a certified
railroad locomotive engineer or a qualified railroad
trainman. Effective immediately.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-7402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18c-7402 as follows:
7 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
8 Sec. 18c-7402. Safety Requirements for Railroad
9 Operations.
10 (1) Obstruction of Crossings.
11 (a) Obstruction of Emergency Vehicles. Every
12 railroad shall be operated in such a manner as to
13 minimize obstruction of emergency vehicles at crossings.
14 Where such obstruction occurs and the train crew is aware
15 of the obstruction, the train crew shall immediately take
16 any action, consistent with safe operating procedure,
17 necessary to remove the obstruction. In the Chicago and
18 St. Louis switching districts, every railroad dispatcher
19 or other person responsible for the movement of railroad
20 equipment in a specific area who receives notification
21 that railroad equipment is obstructing the movement of an
22 emergency vehicle at any crossing within such area shall
23 immediately notify the train crew through use of existing
24 communication facilities. Upon notification, the train
25 crew shall take immediate action in accordance with this
26 paragraph.
27 (b) Obstruction of Highway at Grade Crossing
28 Prohibited. It is unlawful for a rail carrier to permit
29 any train, railroad car or engine to obstruct public
30 travel at a railroad-highway grade crossing for a period
31 in excess of 10 minutes, except where such train,
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1 railroad or car is continuously moving or cannot be moved
2 by reason of circumstances over which the rail carrier
3 has no reasonable control. However, no employee acting
4 under the rules or orders of the rail carrier or its
5 supervisory personnel may be prosecuted for such
6 violations.
7 (c) Punishment for Obstruction of Grade Crossing.
8 Any rail carrier violating paragraph (b) of this
9 subsection shall be guilty of a petty offense and fined
10 not less than $200 nor more than $500 if the duration of
11 the obstruction is in excess of 10 minutes but no longer
12 than 15 minutes. If the duration of the obstruction
13 exceeds 15 minutes the violation shall be a business
14 offense and the following fines shall be imposed: if the
15 duration of the obstruction is in excess of 15 minutes
16 but no longer than 20 minutes, the fine shall be $500; if
17 the duration of the obstruction is in excess of 20
18 minutes but no longer than 25 minutes, the fine shall be
19 $700; if the duration of the obstruction is in excess of
20 25 minutes, but no longer than 30 minutes, the fine shall
21 be $900; if the duration of the obstruction is in excess
22 of 30 minutes but no longer than 35 minutes, the fine
23 shall be $1,000; if the duration of the obstruction is in
24 excess of 35 minutes, the fine shall be $1,000 plus an
25 additional $500 for each 5 minutes of obstruction in
26 excess of 25 minutes of obstruction.
27 (2) Other Operational Requirements.
28 (a) Bell and Whistle-Crossings. Every rail carrier
29 shall cause a bell, and a whistle or horn to be placed
30 and kept on each locomotive, and shall cause the same to
31 be rung or sounded by the engineer or fireman, at the
32 distance of a least 1,320 feet, from the place where the
33 railroad crosses or intersects any public highway, and
34 shall be kept ringing or sounding until the highway is
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1 reached; provided that at crossings where the Commission
2 shall by order direct, only after a hearing has been held
3 to determine the public is reasonably and sufficiently
4 protected, the rail carrier may be excused from giving
5 warning provided by this paragraph.
6 (b) Speed Limits. Each rail carrier shall operate
7 its trains in compliance with speed limits set by the
8 Commission. The Commission may set train speed limits
9 only where such limits are necessitated by extraordinary
10 circumstances effecting the public safety, and shall
11 maintain such train speed limits in effect only for such
12 time as the extraordinary circumstances prevail.
13 (c) Remote Control Prohibited. A rail carrier may
14 not operate its trains in Illinois by remote control.
15 (d) Railroad Train Crew.
16 (1) No rail carrier operating in Illinois
17 shall permit or require any locomotive power unit,
18 single or in multiple, whether attached to a train
19 or not, to be operated by a crew of fewer than 2
20 employees, except in locomotive repair and servicing
21 facilities within a terminal. At least one employee
22 shall be a certified railroad locomotive engineer
23 and at least one employee shall be either a
24 certified railroad locomotive engineer or a
25 qualified railroad trainman.
26 (2) For purposes of this paragraph (d) of
27 subsection (2), the following definitions shall
28 apply:
29 (i) "Certified railroad locomotive
30 engineer" means a person who has been certified
31 as a train service engineer, locomotive
32 servicing engineer, or student engineer under
33 federal regulations at 49 CFR, part 240.
34 (ii) "Qualified railroad trainman" means
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1 an operating crew member other than a certified
2 railroad locomotive engineer who has
3 successfully completed a railroad carrier's
4 training program and passed a rules examination
5 covering railroad operations.
6 Any person who violates this paragraph (d) of subsection
7 (2) may be fined not less than $250 but not more than $500.
8 However, a person who violates this subsection (d) may be
9 fined (i) not less than $500 but not more than $1,000 for a
10 second offense committed within 3 years of the first offense
11 (ii) not less than $2,000 but not more than $5,000 for a
12 third offense committed within 3 years of the first offense,
13 and (iii) $10,000 for a fourth or subsequent offense
14 committed within 3 years of the first offense.
15 The Commission and the Department of Transportation
16 shall conduct a study of the relation between train
17 speeds and railroad-highway grade crossing safety. The
18 Commission shall report the findings of the study to the
19 General Assembly no later than January 5, 1997.
20 (3) Report and Investigation of Rail Accidents.
21 (a) Reports. Every rail carrier shall report to the
22 Commission, by the speediest means possible, whether
23 telephone, telegraph, or otherwise, every accident
24 involving its equipment, track, or other property which
25 resulted in loss of life to any person. In addition,
26 such carriers shall file a written report with the
27 Commission. Reports submitted under this paragraph shall
28 be strictly confidential, shall be specifically
29 prohibited from disclosure, and shall not be admissible
30 in any administrative or judicial proceeding relating to
31 the accidents reported.
32 (b) Investigations. The Commission may investigate
33 all railroad accidents reported to it or of which it
34 acquires knowledge independent of reports made by rail
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1 carriers, and shall have the power, consistent with
2 standards and procedures established under the Federal
3 Railroad Safety Act, as amended, to enter such temporary
4 orders as will minimize the risk of future accidents
5 pending notice, hearing, and final action by the
6 Commission.
7 (Source: P.A. 89-699, eff. 1-16-97.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.