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91_SB1153
LRB9106140KSmb
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 having regard to the benefits, if any, accruing to the rail
25 carrier or any party in interest, shall be divided between
26 the rail carrier or carriers affected, or between such
27 carrier or carriers and the State, county, municipality or
28 other public authority in interest. However, a public
29 hearing by the Commission to abolish a crossing shall not be
30 required when the public highway authority in interest
31 vacates the highway. In such instance the rail carrier,
32 following notification to the Commission and the highway
33 authority, shall remove any grade crossing warning devices
34 and the grade crossing surface.
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1 The Commission shall also have power by its order to
2 require the reconstruction, minor alteration, minor
3 relocation or improvement of any crossing (including the
4 necessary highway approaches thereto) of any railroad across
5 any highway or public road, whether such crossing be at grade
6 or by overhead structure or by subway, whenever the
7 Commission finds after a hearing or without a hearing as
8 otherwise provided in this paragraph that such
9 reconstruction, alteration, relocation or improvement is
10 necessary to preserve or promote the safety or convenience of
11 the public or of the employees or passengers of such rail
12 carrier or carriers. For the purpose of this Section, a minor
13 alteration shall include the installation of any type of
14 remote control track switch, technical or operational
15 improvement, or any other actions the Commission deems
16 necessary to reduce the occupancy of crossings by trains and
17 increase public safety. By its original order or supplemental
18 orders in such case, the Commission may direct such
19 reconstruction, alteration, relocation, or improvement to be
20 made in such manner and upon such terms and conditions as may
21 be reasonable and necessary and may apportion the cost of
22 such reconstruction, alteration, relocation or improvement
23 and the subsequent maintenance thereof, having regard to the
24 benefits, if any, accruing to the railroad or any party in
25 interest, between the rail carrier or carriers and public
26 utilities affected, or between such carrier or carriers and
27 public utilities and the State, county, municipality or other
28 public authority in interest. The cost to be so apportioned
29 shall include the cost of changes or alterations in the
30 equipment of public utilities affected as well as the cost of
31 the relocation, diversion or establishment of any public
32 highway, made necessary by such reconstruction, alteration,
33 relocation or improvement of said crossing. A hearing shall
34 not be required in those instances when the Commission enters
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1 an order confirming a written stipulation in which the
2 Commission, the public highway authority in interest, the
3 rail carrier or carriers affected, and in instances involving
4 the use of the Grade Crossing Protection Fund, the Illinois
5 Department of Transportation, agree on the reconstruction,
6 alteration, relocation, or improvement and the subsequent
7 maintenance thereof and the division of costs of such changes
8 of any grade crossing (including the necessary highway
9 approaches thereto) of any railroad across any highway.
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 grade crossings within
23 the State, such brush, shrubbery, and trees as is reasonably
24 practical for a distance of not less than 500 feet in either
25 direction from each grade crossing. The Commission shall have
26 power, upon its own motion, or upon complaint, and after
27 having made proper investigation, to require the installation
28 of adequate and appropriate luminous reflective warning
29 signs, luminous flashing signals, crossing gates illuminated
30 at night, or other protective devices in order to promote and
31 safeguard the health and safety of the public. Luminous
32 flashing signal or crossing gate devices installed at grade
33 crossings, which have been approved by the Commission, shall
34 be deemed adequate and appropriate. The Commission shall have
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1 authority to determine the number, type, and location of such
2 signs, signals, gates, or other protective devices which,
3 however, shall conform as near as may be with generally
4 recognized national standards, and the Commission shall have
5 authority to prescribe the division of the cost of the
6 installation and subsequent maintenance of such signs,
7 signals, gates, or other protective devices between the rail
8 carrier or carriers, the public highway authority in
9 interest, and in instances involving the use of the Grade
10 Crossing Protection Fund, the Illinois Department of
11 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. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)
3 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
4 Sec. 18c-7402. Safety Requirements for Railroad
5 Operations.
6 (1) Obstruction of Crossings.
7 (a) Obstruction of Emergency Vehicles. Every
8 railroad shall be operated in such a manner as to
9 minimize obstruction of emergency vehicles at crossings.
10 Where such obstruction occurs and the train crew is aware
11 of the obstruction, the train crew shall immediately take
12 any action, consistent with safe operating procedure,
13 necessary to remove the obstruction. In the Chicago and
14 St. Louis switching districts, every railroad dispatcher
15 or other person responsible for the movement of railroad
16 equipment in a specific area who receives notification
17 that railroad equipment is obstructing the movement of an
18 emergency vehicle at any crossing within such area shall
19 immediately notify the train crew through use of existing
20 communication facilities. Upon notification, the train
21 crew shall take immediate action in accordance with this
22 paragraph.
23 (b) Obstruction of Highway at Grade Crossing
24 Prohibited. It is unlawful for a rail carrier to permit
25 any train, railroad car or engine to obstruct public
26 travel at a railroad-highway grade crossing for a period
27 in excess of 10 minutes, except where such train,
28 railroad or car is continuously moving or cannot be moved
29 by reason of circumstances over which the rail carrier
30 has no reasonable control. However, no employee acting
31 under the rules or orders of the rail carrier or its
32 supervisory personnel may be prosecuted for such
33 violations.
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1 (c) Punishment for Obstruction of Grade Crossing.
2 Any rail carrier violating paragraph (b) of this
3 subsection shall be guilty of a petty offense and fined
4 not less than $200 nor more than $500 if the duration of
5 the obstruction is in excess of 10 minutes but no longer
6 than 15 minutes. If the duration of the obstruction
7 exceeds 15 minutes the violation shall be a business
8 offense and the following fines shall be imposed: if the
9 duration of the obstruction is in excess of 15 minutes
10 but no longer than 20 minutes, the fine shall be $500; if
11 the duration of the obstruction is in excess of 20
12 minutes but no longer than 25 minutes, the fine shall be
13 $700; if the duration of the obstruction is in excess of
14 25 minutes, but no longer than 30 minutes, the fine shall
15 be $900; if the duration of the obstruction is in excess
16 of 30 minutes but no longer than 35 minutes, the fine
17 shall be $1,000; if the duration of the obstruction is in
18 excess of 35 minutes, the fine shall be $1,000 plus an
19 additional $500 for each 5 minutes of obstruction in
20 excess of 25 minutes of obstruction.
21 (d) Chronic obstruction of a grade crossing.
22 Within the Chicago switching district, the Commission
23 may, after investigation, make a determination that a
24 railroad has engaged in the chronic obstruction of grade
25 crossings. A railroad engages in the chronic obstruction
26 of a grade crossing when its trains repeatedly and with
27 great rate of recurrence obstruct a grade crossing by
28 frequently stopping and causing disruption of vehicular
29 traffic and endangering the lives and safety of the
30 citizens of this State by interfering with the operation
31 of ambulances and police and fire department vehicles.
32 Once a railroad is designated as chronically obstructing
33 a grade crossing, the penalty for obstructing that grade
34 crossing is a Class C misdemeanor for the first offense.
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1 For a second or subsequent offense at the same location
2 the penalty is a Class B misdemeanor and the fine shall
3 be triple the fine amount of the first offense.
4 (2) Other Operational Requirements.
5 (a) Bell and Whistle-Crossings. Every rail carrier
6 shall cause a bell, and a whistle or horn to be placed
7 and kept on each locomotive, and shall cause the same to
8 be rung or sounded by the engineer or fireman, at the
9 distance of a least 1,320 feet, from the place where the
10 railroad crosses or intersects any public highway, and
11 shall be kept ringing or sounding until the highway is
12 reached; provided that at crossings where the Commission
13 shall by order direct, only after a hearing has been held
14 to determine the public is reasonably and sufficiently
15 protected, the rail carrier may be excused from giving
16 warning provided by this paragraph.
17 (b) Speed Limits. Each rail carrier shall operate
18 its trains in compliance with speed limits set by the
19 Commission. The Commission may set train speed limits
20 only where such limits are necessitated by extraordinary
21 circumstances effecting the public safety, and shall
22 maintain such train speed limits in effect only for such
23 time as the extraordinary circumstances prevail.
24 The Commission and the Department of Transportation
25 shall conduct a study of the relation between train
26 speeds and railroad-highway grade crossing safety. The
27 Commission shall report the findings of the study to the
28 General Assembly no later than January 5, 1997.
29 (c) Special Speed Limit; Pilot Project. The
30 Commission and the Board of the Commuter Rail Division of
31 the Regional Transportation Authority shall conduct a
32 pilot project in the Village of Fox River Grove, the site
33 of the fatal school bus accident at a railroad crossing
34 on October 25, 1995, in order to improve railroad
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1 crossing safety. For this project, the Commission is
2 directed to set the maximum train speed limit for
3 Regional Transportation Authority trains at 50 miles per
4 hour at intersections on that portion of the intrastate
5 rail line located in the Village of Fox River Grove. If
6 the Regional Transportation Authority deliberately fails
7 to comply with this maximum speed limit, then any entity,
8 governmental or otherwise, that provides capital or
9 operational funds to the Regional Transportation
10 Authority shall appropriately reduce or eliminate that
11 funding. The Commission shall report to the Governor and
12 the General Assembly on the results of this pilot project
13 in January 1999, January 2000, and January 2001. The
14 Commission shall also submit a final report on the pilot
15 project to the Governor and the General Assembly in
16 January 2001. The provisions of this subsection (c),
17 other than this sentence, are inoperative after February
18 1, 2001.
19 (3) Report and Investigation of Rail Accidents.
20 (a) Reports. Every rail carrier shall report to the
21 Commission, by the speediest means possible, whether
22 telephone, telegraph, or otherwise, every accident
23 involving its equipment, track, or other property which
24 resulted in loss of life to any person. In addition,
25 such carriers shall file a written report with the
26 Commission. Reports submitted under this paragraph shall
27 be strictly confidential, shall be specifically
28 prohibited from disclosure, and shall not be admissible
29 in any administrative or judicial proceeding relating to
30 the accidents reported.
31 (b) Investigations. The Commission may investigate
32 all railroad accidents reported to it or of which it
33 acquires knowledge independent of reports made by rail
34 carriers, and shall have the power, consistent with
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1 standards and procedures established under the Federal
2 Railroad Safety Act, as amended, to enter such temporary
3 orders as will minimize the risk of future accidents
4 pending notice, hearing, and final action by the
5 Commission.
6 (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.