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90_HB3695
625 ILCS 5/18c-7401 from Ch. 95 1/2, par. 18c-7401
625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402
Amends the Illinois Vehicle Code. Provides that, for
purposes of the Section concerning safety requirements for
track, facilities, and equipment, a minor alteration shall
include the installation of any type of remote control track
switch, technical or operational improvement, or any other
actions the Commission deems necessary to reduce the
occupancy of crossings by trains and increase public safety.
Provides that, within the Chicago switching district, the
Commission may, after investigation, make a determination
that a railroad has engaged in the chronic obstruction of
grade crossings. Provides for penalties and fines. Provides
a $500 fine each for a rail carrier and its employee who is
in charge of a locomotive engine who permits the engine,
while at ground level, to remain in a stationary position
with its engine running idly when adjacent to a residential
district for a period exceeding 30 minutes. Provides
additional fines for continued violation, but provides that
these provisions shall not apply to any locomotive engine
which is in an area permanently designated as a rail yard.
Effective immediately.
LRB9010882SMdv
LRB9010882SMdv
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 18c-7401 and 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 Sections 18c-7401 and 18c-7402 as follows:
7 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
8 Sec. 18c-7401. Safety Requirements for Track,
9 Facilities, and Equipment.
10 (1) General Requirements. Each rail carrier shall,
11 consistent with rules, orders, and regulations of the Federal
12 Railroad Administration, construct, maintain, and operate all
13 of its equipment, track, and other property in this State in
14 such a manner as to pose no undue risk to its employees or
15 the person or property of any member of the public.
16 (2) Adoption of Federal Standards. The track safety
17 standards and accident/incident standards promulgated by the
18 Federal Railroad Administration shall be safety standards of
19 the Commission. The Commission may, in addition, adopt by
20 reference in its regulations other federal railroad safety
21 standards, whether contained in federal statutes or in
22 regulations adopted pursuant to 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. The Commission shall have the right to refuse
31 its permission or to grant it upon such terms and conditions
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1 as it may prescribe. The Commission shall have power to
2 determine and prescribe the manner, including the particular
3 point of crossing, and the terms of installation, operation,
4 maintenance, use and protection of each such crossing.
5 The Commission shall also have power, after a hearing, to
6 require major alteration of or to abolish any crossing,
7 heretofore or hereafter established, when in its opinion, the
8 public safety requires such alteration or abolition, and,
9 except in cities, villages and incorporated towns of
10 1,000,000 or more inhabitants, to vacate and close that part
11 of the highway on such crossing altered or abolished and
12 cause barricades to be erected across such highway in such
13 manner as to prevent the use of such crossing as a highway,
14 when, in the opinion of the Commission, the public
15 convenience served by the crossing in question is not such as
16 to justify the further retention thereof; or to require a
17 separation of grades, at such crossings; or to require a
18 separation of grades at any proposed crossing where a
19 proposed public highway may cross the tracks of any rail
20 carrier or carriers; and to prescribe, after a hearing of the
21 parties, the terms upon which such separations shall be made
22 and the proportion in which the expense of the alteration or
23 abolition of such crossings or the separation of such grades
24 shall be divided between the rail carrier or carriers
25 affected, or between such carrier or carriers and the State,
26 county, municipality or other public authority in interest.
27 The Commission shall also have power by its order to
28 require the reconstruction, minor alteration, minor
29 relocation or improvement of any crossing (including the
30 necessary highway approaches thereto) of any railroad across
31 any highway or public road, whether such crossing be at grade
32 or by overhead structure or by subway, whenever the
33 Commission finds after a hearing or without a hearing as
34 otherwise provided in this paragraph that such
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1 reconstruction, alteration, relocation or improvement is
2 necessary to preserve or promote the safety or convenience of
3 the public or of the employees or passengers of such rail
4 carrier or carriers. For the purpose of this Section, a minor
5 alteration shall include the installation of any type of
6 remote control track switch, technical or operational
7 improvement, or any other actions the Commission deems
8 necessary to reduce the occupancy of crossings by trains and
9 increase public safety. By its original order or supplemental
10 orders in such case, the Commission may direct such
11 reconstruction, alteration, relocation, or improvement to be
12 made in such manner and upon such terms and conditions as may
13 be reasonable and necessary and may apportion the cost of
14 such reconstruction, alteration, relocation or improvement
15 and the subsequent maintenance thereof between the rail
16 carrier or carriers and public utilities affected, or between
17 such carrier or carriers and public utilities and the State,
18 county, municipality or other public authority in interest.
19 The cost to be so apportioned shall include the cost of
20 changes or alterations in the equipment of public utilities
21 affected as well as the cost of the relocation, diversion or
22 establishment of any public highway, made necessary by such
23 reconstruction, alteration, relocation or improvement of said
24 crossing. A hearing shall not be required in those instances
25 when the Commission enters an order confirming a written
26 stipulation in which the Commission, the public highway
27 authority in interest, the rail carrier or carriers affected,
28 and in instances involving the use of the Grade Crossing
29 Protection Fund, the Illinois Department of Transportation,
30 agree on the reconstruction, alteration, relocation, or
31 improvement and the subsequent maintenance thereof and the
32 division of costs of such changes of any grade crossing
33 (including the necessary highway approaches thereto) of any
34 railroad across any highway.
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1 Every rail carrier operating in the State of Illinois
2 shall construct and maintain every highway crossing over its
3 tracks within the State so that the roadway at the
4 intersection shall be as flush with the rails as
5 superelevated curves will allow, and, unless otherwise
6 ordered by the Commission, shall construct and maintain the
7 approaches thereto at a grade of not more than 5% within the
8 right of way for a distance of not less the 6 feet on each
9 side of the centerline of such tracks; provided, that the
10 grades at the approaches may be maintained in excess of 5%
11 only when authorized by the Commission.
12 Every rail carrier operating within this State shall
13 remove from its right of way at all grade crossings within
14 the State, such brush, shrubbery, and trees as is reasonably
15 practical for a distance of not less than 500 feet in either
16 direction from each grade crossing. The Commission shall have
17 power, upon its own motion, or upon complaint, and after
18 having made proper investigation, to require the installation
19 of adequate and appropriate luminous reflective warning
20 signs, luminous flashing signals, crossing gates illuminated
21 at night, or other protective devices in order to promote and
22 safeguard the health and safety of the public. Luminous
23 flashing signal or crossing gate devices installed at grade
24 crossings, which have been approved by the Commission, shall
25 be deemed adequate and appropriate. The Commission shall have
26 authority to determine the number, type, and location of such
27 signs, signals, gates, or other protective devices which,
28 however, shall conform as near as may be with generally
29 recognized national standards, and the Commission shall have
30 authority to prescribe the division of the cost of the
31 installation and subsequent maintenance of such signs,
32 signals, gates, or other protective devices between the rail
33 carrier or carriers, the public highway authority in
34 interest, and in instances involving the use of the Grade
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1 Crossing Protection Fund, the Illinois Department of
2 Transportation.
3 No railroad may change or modify the warning device
4 system at a railroad-highway grade crossing, including
5 warning systems interconnected with highway traffic control
6 signals, without having first received the approval of the
7 Commission. The Commission shall have the further power,
8 upon application, upon its own motion, or upon complaint and
9 after having made proper investigation, to require the
10 interconnection of grade crossing warning devices with
11 traffic control signals at highway intersections located at
12 or near railroad crossings within the distances described by
13 the State Manual on Uniform Traffic Control Devices adopted
14 pursuant to Section 11-301 of this Code. In addition, State
15 and local authorities may not install, remove, modernize, or
16 otherwise modify traffic control signals at a highway
17 intersection that is interconnected or proposed to be
18 interconnected with grade crossing warning devices when the
19 change affects the number, type, or location of traffic
20 control devices on the track approach leg or legs of the
21 intersection or the timing of the railroad preemption
22 sequence of operation until the Commission has approved the
23 installation, removal, modernization, or modification.
24 Commission approval shall be limited to consideration of
25 issues directly affecting the public safety at the
26 railroad-highway grade crossing. The electrical circuit
27 devices, alternate warning devices, and preemption sequences
28 shall conform as nearly as possible, considering the
29 particular characteristics of the crossing and intersection
30 area, to the State manual adopted by the Illinois Department
31 of Transportation pursuant to Section 11-301 of this Code and
32 such federal standards as are made applicable by subsection
33 (2) of this Section. In order to carry out this authority,
34 the Commission shall have the authority to determine the
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1 number, type, and location of traffic control devices on the
2 track approach leg or legs of the intersection and the timing
3 of the railroad preemption sequence of operation. The
4 Commission shall prescribe the division of costs for
5 installation and maintenance of all devices required by this
6 paragraph between the railroad or railroads and the highway
7 authority in interest and in instances involving the use of
8 the Grade Crossing Protection Fund or a State highway, the
9 Illinois Department of Transportation.
10 Any person who unlawfully or maliciously removes, throws
11 down, damages or defaces any sign, signal, gate or other
12 protective device, located at or near any public grade
13 crossing, shall be guilty of a petty offense and fined not
14 less than $50 nor more than $200 for each offense. In
15 addition to fines levied under the provisions of this Section
16 a person adjudged guilty hereunder may also be directed to
17 make restitution for the costs of repair or replacement, or
18 both, necessitated by his misconduct.
19 It is the public policy of the State of Illinois to
20 enhance public safety by establishing safe grade crossings.
21 In order to implement this policy, the Illinois Commerce
22 Commission is directed to conduct public hearings and to
23 adopt specific criteria by July 1, 1994, that shall be
24 adhered to by the Illinois Commerce Commission in determining
25 if a grade crossing should be opened or abolished. The
26 following factors shall be considered by the Illinois
27 Commerce Commission in developing the specific criteria for
28 opening and abolishing grade crossings:
29 (a) timetable speed of passenger trains;
30 (b) distance to an alternate crossing;
31 (c) accident history for the last 5 years;
32 (d) number of vehicular traffic and posted speed
33 limits;
34 (e) number of freight trains and their timetable
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1 speeds;
2 (f) the type of warning device present at the grade
3 crossing;
4 (g) alignments of the roadway and railroad, and the
5 angle of intersection of those alignments;
6 (h) use of the grade crossing by trucks carrying
7 hazardous materials, vehicles carrying passengers for
8 hire, and school buses; and
9 (i) use of the grade crossing by emergency
10 vehicles.
11 The Illinois Commerce Commission, upon petition to open
12 or abolish a grade crossing, shall enter an order opening or
13 abolishing the crossing if it meets the specific criteria
14 adopted by the Commission.
15 In no instance shall a grade crossing be permanently
16 closed without public hearing first being held and notice of
17 such hearing being published in an area newspaper of local
18 general circulation.
19 (4) Freight Trains - Radio Communications. The
20 Commission shall after hearing and order require that every
21 main line railroad freight train operating on main tracks
22 outside of yard limits within this State shall be equipped
23 with a radio communication system. The Commission after
24 notice and hearing may grant exemptions from the requirements
25 of this Section as to secondary and branch lines.
26 (5) Railroad Bridges and Trestles - Walkway and
27 Handrail. In cases in which the Commission finds the same to
28 be practical and necessary for safety of railroad employees,
29 bridges and trestles, over and upon which railroad trains are
30 operated, shall include as a part thereof, a safe and
31 suitable walkway and handrail on one side only of such bridge
32 or trestle, and such handrail shall be located at the outer
33 edge of the walkway and shall provide a clearance of not less
34 than 8 feet, 6 inches, from the center line of the nearest
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1 track, measured at right angles thereto.
2 (6) Packages Containing Articles for First Aid to
3 Injured on Trains. All rail carriers shall provide a package
4 containing the articles prescribed by the Commission, on each
5 train or engine, for first aid to persons who may be injured
6 in the course of the operation of such trains.
7 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
8 The Commission shall have authority, after notice and
9 hearing, to order:
10 (a) The removal of any abandoned railroad tracks
11 from roads, streets or other thoroughfares in this State;
12 and
13 (b) The removal of abandoned overhead railroad
14 structures crossing highways, waterways, or railroads.
15 The Commission may equitably apportion the cost of such
16 actions between the rail carrier or carriers, public
17 utilities, and the State, county, municipality, township,
18 road district, or other public authority in interest.
19 (Source: P.A. 88-296; 89-699, eff. 1-16-97.)
20 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
21 Sec. 18c-7402. Safety Requirements for Railroad
22 Operations.
23 (1) Obstruction of Crossings.
24 (a) Obstruction of Emergency Vehicles. Every
25 railroad shall be operated in such a manner as to
26 minimize obstruction of emergency vehicles at crossings.
27 Where such obstruction occurs and the train crew is aware
28 of the obstruction, the train crew shall immediately take
29 any action, consistent with safe operating procedure,
30 necessary to remove the obstruction. In the Chicago and
31 St. Louis switching districts, every railroad dispatcher
32 or other person responsible for the movement of railroad
33 equipment in a specific area who receives notification
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1 that railroad equipment is obstructing the movement of an
2 emergency vehicle at any crossing within such area shall
3 immediately notify the train crew through use of existing
4 communication facilities. Upon notification, the train
5 crew shall take immediate action in accordance with this
6 paragraph.
7 (b) Obstruction of Highway at Grade Crossing
8 Prohibited. It is unlawful for a rail carrier to permit
9 any train, railroad car or engine to obstruct public
10 travel at a railroad-highway grade crossing for a period
11 in excess of 10 minutes, except where such train,
12 railroad or car is continuously moving or cannot be moved
13 by reason of circumstances over which the rail carrier
14 has no reasonable control. However, no employee acting
15 under the rules or orders of the rail carrier or its
16 supervisory personnel may be prosecuted for such
17 violations.
18 (c) Punishment for Obstruction of Grade Crossing.
19 Any rail carrier violating paragraph (b) of this
20 subsection shall be guilty of a petty offense and fined
21 not less than $200 nor more than $500 if the duration of
22 the obstruction is in excess of 10 minutes but no longer
23 than 15 minutes. If the duration of the obstruction
24 exceeds 15 minutes the violation shall be a business
25 offense and the following fines shall be imposed: if the
26 duration of the obstruction is in excess of 15 minutes
27 but no longer than 20 minutes, the fine shall be $500; if
28 the duration of the obstruction is in excess of 20
29 minutes but no longer than 25 minutes, the fine shall be
30 $700; if the duration of the obstruction is in excess of
31 25 minutes, but no longer than 30 minutes, the fine shall
32 be $900; if the duration of the obstruction is in excess
33 of 30 minutes but no longer than 35 minutes, the fine
34 shall be $1,000; if the duration of the obstruction is in
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1 excess of 35 minutes, the fine shall be $1,000 plus an
2 additional $500 for each 5 minutes of obstruction in
3 excess of 25 minutes of obstruction.
4 (d) Chronic obstruction of a grade crossing.
5 Within the Chicago switching district, the Commission
6 may, after investigation, make a determination that a
7 railroad has engaged in the chronic obstruction of grade
8 crossings. A railroad engages in the chronic obstruction
9 of a grade crossing when its trains repeatedly and with
10 great rate of recurrence obstruct a grade crossing by
11 frequently stopping and causing disruption of vehicular
12 traffic and endangering the lives and safety of the
13 citizens of this State by interfering with the operation
14 of ambulances and police and fire department vehicles.
15 Once a railroad is designated as chronically obstructing
16 a grade crossing, the penalty for obstructing that grade
17 crossing is a Class C misdemeanor for the first offense.
18 For a second or subsequent offense at the same location
19 the penalty is a Class B misdemeanor and the fine shall
20 be triple the fine amount of the first offense.
21 (2) Other Operational Requirements.
22 (a) Bell and Whistle-Crossings. Every rail carrier
23 shall cause a bell, and a whistle or horn to be placed
24 and kept on each locomotive, and shall cause the same to
25 be rung or sounded by the engineer or fireman, at the
26 distance of a least 1,320 feet, from the place where the
27 railroad crosses or intersects any public highway, and
28 shall be kept ringing or sounding until the highway is
29 reached; provided that at crossings where the Commission
30 shall by order direct, only after a hearing has been held
31 to determine the public is reasonably and sufficiently
32 protected, the rail carrier may be excused from giving
33 warning provided by this paragraph.
34 (b) Speed Limits. Each rail carrier shall operate
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1 its trains in compliance with speed limits set by the
2 Commission. The Commission may set train speed limits
3 only where such limits are necessitated by extraordinary
4 circumstances effecting the public safety, and shall
5 maintain such train speed limits in effect only for such
6 time as the extraordinary circumstances prevail.
7 The Commission and the Department of Transportation
8 shall conduct a study of the relation between train
9 speeds and railroad-highway grade crossing safety. The
10 Commission shall report the findings of the study to the
11 General Assembly no later than January 5, 1997.
12 (c) Special Speed Limit; Pilot Project. The
13 Commission and the Board of the Commuter Rail Division of
14 the Regional Transportation Authority shall conduct a
15 pilot project in the Village of Fox River Grove, the site
16 of the fatal school bus accident at a railroad crossing
17 on October 25, 1995, in order to improve railroad
18 crossing safety. For this project, the Commission is
19 directed to set the maximum train speed limit for
20 Regional Transportation Authority trains at 50 miles per
21 hour at intersections on that portion of the intrastate
22 rail line located in the Village of Fox River Grove. If
23 the Regional Transportation Authority deliberately fails
24 to comply with this maximum speed limit, then any entity,
25 governmental or otherwise, that provides capital or
26 operational funds to the Regional Transportation
27 Authority shall appropriately reduce or eliminate that
28 funding. The Commission shall report to the Governor and
29 the General Assembly on the results of this pilot project
30 in January 1999, January 2000, and January 2001. The
31 Commission shall also submit a final report on the pilot
32 project to the Governor and the General Assembly in
33 January 2001. The provisions of this subsection (c),
34 other than this sentence, are inoperative after February
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1 1, 2001.
2 (d) Idling adjacent to residential districts. No
3 rail carrier shall permit any of its locomotive engines,
4 while at ground level, to remain in a stationary position
5 with its engine running idly when adjacent to a
6 residential district for a period exceeding 30 minutes.
7 The person in charge of any locomotive engine found to be
8 in violation of this subdivision 2(d) shall be deemed to
9 be creating a nuisance and shall be subject to a fine of
10 $500. Additionally, any rail carrier which permits its
11 employees to be in violation of this subdivision 2(d)
12 shall be subject to a fine to $500 for each such
13 violation. Each hour beyond the 30 minute restriction
14 that the locomotive engine is allowed to be in violation
15 of this subdivision 2(d) shall be deemed to constitute a
16 separate and distinct violation. The provisions of this
17 subdivision 2(d) shall not apply to any locomotive engine
18 which is in an area permanently designated as a rail
19 yard.
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; 90-187, eff. 1-1-98.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.