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91_SB1153eng SB1153 Engrossed 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 SB1153 Engrossed -2- LRB9106140KSmb 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. SB1153 Engrossed -3- LRB9106140KSmb 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 SB1153 Engrossed -4- LRB9106140KSmb 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 SB1153 Engrossed -5- LRB9106140KSmb 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 SB1153 Engrossed -6- LRB9106140KSmb 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 SB1153 Engrossed -7- LRB9106140KSmb 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 SB1153 Engrossed -8- LRB9106140KSmb 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 SB1153 Engrossed -9- LRB9106140KSmb 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. SB1153 Engrossed -10- LRB9106140KSmb 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. SB1153 Engrossed -11- LRB9106140KSmb 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 SB1153 Engrossed -12- LRB9106140KSmb 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 SB1153 Engrossed -13- LRB9106140KSmb 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.