State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 11-1201 and 18c-7401 as follows:

 6        (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
 7        Sec. 11-1201.  Obedience to signal indicating approach of
 8    train.
 9        (a)  Whenever any person driving a vehicle  approaches  a
10    railroad  grade  crossing  such person must exercise due care
11    and caution as the existence of a  railroad  track  across  a
12    highway  is  a  warning  of  danger,  and  under  any  of the
13    circumstances stated in this Section, the driver  shall  stop
14    within  50  feet  but  not less than 15 feet from the nearest
15    rail of the railroad and shall not proceed until he can do so
16    safely.  The foregoing requirements shall apply when:
17             1.  A clearly visible electric or mechanical  signal
18        device  gives  warning  of  the  immediate  approach of a
19        railroad train;
20             2.  A crossing gate is lowered or  a  human  flagman
21        gives  or  continues  to give a signal of the approach or
22        passage of a railroad train;
23             3.  A railroad train approaching a highway  crossing
24        emits a warning signal and such railroad train, by reason
25        of  its  speed  or  nearness  to  such  crossing,  is  an
26        immediate hazard;
27             4.  An approaching railroad train is plainly visible
28        and is in hazardous proximity to such crossing.
29             5.  A  railroad train is approaching so closely that
30        an immediate hazard is created.
31        (b)  No person shall drive any vehicle through, around or
                            -2-                LRB9206062DHmb
 1    under any crossing gate or barrier  at  a  railroad  crossing
 2    while  such  gate  or barrier is closed or is being opened or
 3    closed.
 4        (c)  The Department, and  local  authorities  upon  order
 5    with  the  approval  of  the  Department,  shall  are  hereby
 6    authorized  to designate particularly dangerous highway grade
 7    crossings of railroads and to erect stop signs at all highway
 8    grade crossings that are not equipped with automatic flashing
 9    lights or gates thereat.  When such stop  signs  are  erected
10    the  driver  of any vehicle shall stop within 50 feet but not
11    less than 15 feet from the nearest rail of such railroad  and
12    shall  proceed  only  upon  exercising due care. A driver who
13    violates this subsection (c)  commits  a  petty  offense.   A
14    third  or  subsequent  violation within one year of the first
15    violation is a Class C misdemeanor.
16        (d)  At  any  railroad  grade  crossing   provided   with
17    railroad  crossbuck  signs,  without  automatic, electric, or
18    mechanical signal devices, crossing gates, or a human flagman
19    giving a signal of the approach or passage of  a  train,  the
20    driver  of  a  vehicle  shall  in  obedience  to the railroad
21    crossbuck sign, yield the right-of-way and  slow  down  to  a
22    speed  reasonable for the existing conditions and shall stop,
23    if required for safety, at a clearly marked stopped line,  or
24    if  no  stop  line,  within 50 feet but not less than 15 feet
25    from the nearest rail of the railroad and shall  not  proceed
26    until he or she can do so safely.  If a driver is involved in
27    a  collision  at  a  railroad crossing or interferes with the
28    movement of a train after driving past the railroad crossbuck
29    sign, the collision or interference is prima  facie  evidence
30    of the driver's failure to yield right-of-way.
31        (e)  Except as provided in subsection (c), a violation of
32    any  part of this Section shall result in a mandatory fine of
33    $500 or 50 hours of community service.
34        (f)  Local authorities shall impose fines as  established
                            -3-                LRB9206062DHmb
 1    in  subsection  (e)  for  vehicles  that fail to obey signals
 2    indicating the presence, approach, passage, or departure of a
 3    train.
 4    (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)

 5        (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
 6        Sec.   18c-7401.    Safety   Requirements   for    Track,
 7    Facilities, and Equipment.
 8        (1)  General   Requirements.  Each  rail  carrier  shall,
 9    consistent with rules, orders, and regulations of the Federal
10    Railroad Administration, construct, maintain, and operate all
11    of its equipment, track, and other property in this State  in
12    such  a  manner  as to pose no undue risk to its employees or
13    the person or property of any member of the public.
14        (2)  Adoption of  Federal  Standards.  The  track  safety
15    standards  and accident/incident standards promulgated by the
16    Federal Railroad Administration shall be safety standards  of
17    the  Commission.   The  Commission may, in addition, adopt by
18    reference in its regulations other  federal  railroad  safety
19    standards,  whether  contained  in  federal  statutes  or  in
20    regulations adopted pursuant to such statutes.
21        (3)  Railroad  Crossings.  No  public  road,  highway, or
22    street shall hereafter be constructed across the track of any
23    rail carrier at grade,  nor  shall  the  track  of  any  rail
24    carrier  be  constructed  across  a  public  road, highway or
25    street at grade, without having first secured the  permission
26    of  the  Commission;  provided,  that  this Section shall not
27    apply to the replacement of lawfully existing roads, highways
28    and tracks. No public pedestrian bridge or  subway  shall  be
29    constructed  across  the  track  of  any rail carrier without
30    having first secured the permission of the Commission.    The
31    Commission  shall  have the right to refuse its permission or
32    to grant  it  upon  such  terms  and  conditions  as  it  may
33    prescribe.   The Commission shall have power to determine and
                            -4-                LRB9206062DHmb
 1    prescribe the  manner,  including  the  particular  point  of
 2    crossing,   and   the   terms   of  installation,  operation,
 3    maintenance, use and protection of each such crossing.
 4        The Commission shall also have power, after a hearing, to
 5    require major alteration  of  or  to  abolish  any  crossing,
 6    heretofore or hereafter established, when in its opinion, the
 7    public  safety  requires  such  alteration or abolition, and,
 8    except  in  cities,  villages  and  incorporated   towns   of
 9    1,000,000  or more inhabitants, to vacate and close that part
10    of the highway on such  crossing  altered  or  abolished  and
11    cause  barricades  to  be erected across such highway in such
12    manner as to prevent the use of such crossing as  a  highway,
13    when,   in   the   opinion  of  the  Commission,  the  public
14    convenience served by the crossing in question is not such as
15    to justify the further retention thereof;  or  to  require  a
16    separation of grades, at railroad-highway grade crossings; or
17    to  require  a  separation of grades at any proposed crossing
18    where a proposed public highway may cross the tracks  of  any
19    rail  carrier  or carriers; and to prescribe, after a hearing
20    of the parties, the terms upon which such  separations  shall
21    be  made  and  the  proportion  in  which  the expense of the
22    alteration or abolition of such crossings or  the  separation
23    of  such  grades,  having  regard  to  the  benefits, if any,
24    accruing to the rail carrier or any party in interest,  shall
25    be  divided between the rail carrier or carriers affected, or
26    between such carrier  or  carriers  and  the  State,  county,
27    municipality or other public authority in interest.  However,
28    a  public  hearing  by  the  Commission to abolish a crossing
29    shall not be required when the public  highway  authority  in
30    interest  vacates  the  highway.   In  such instance the rail
31    carrier, following notification to  the  Commission  and  the
32    highway  authority,  shall  remove any grade crossing warning
33    devices and the grade crossing surface.
34        The Commission shall also have  power  by  its  order  to
                            -5-                LRB9206062DHmb
 1    require   the   reconstruction,   minor   alteration,   minor
 2    relocation  or  improvement  of  any  crossing (including the
 3    necessary highway approaches thereto) of any railroad  across
 4    any  highway or public road, pedestrian bridge, or pedestrian
 5    subway, whether such crossing be  at  grade  or  by  overhead
 6    structure or by subway, whenever the Commission finds after a
 7    hearing  or  without  a hearing as otherwise provided in this
 8    paragraph that such reconstruction, alteration, relocation or
 9    improvement is necessary to preserve or promote the safety or
10    convenience of the public or of the employees  or  passengers
11    of  such  rail carrier or carriers.  By its original order or
12    supplemental orders in such case, the Commission  may  direct
13    such  reconstruction,  alteration, relocation, or improvement
14    to be made in such manner and upon such terms and  conditions
15    as may be reasonable and necessary and may apportion the cost
16    of such reconstruction, alteration, relocation or improvement
17    and  the subsequent maintenance thereof, having regard to the
18    benefits, if any, accruing to the railroad or  any  party  in
19    interest,  between  the  rail  carrier or carriers and public
20    utilities affected, or between such carrier or  carriers  and
21    public utilities and the State, county, municipality or other
22    public  authority in interest.  The cost to be so apportioned
23    shall include the cost  of  changes  or  alterations  in  the
24    equipment of public utilities affected as well as the cost of
25    the  relocation,  diversion  or  establishment  of any public
26    highway, made necessary by such  reconstruction,  alteration,
27    relocation  or improvement of said crossing.  A hearing shall
28    not be required in those instances when the Commission enters
29    an order  confirming  a  written  stipulation  in  which  the
30    Commission,  the  public  highway  authority  or other public
31    authority in interest, the rail carrier or carriers affected,
32    and in instances involving the  use  of  the  Grade  Crossing
33    Protection  Fund,  the Illinois Department of Transportation,
34    agree  on  the  reconstruction,  alteration,  relocation,  or
                            -6-                LRB9206062DHmb
 1    improvement and the subsequent maintenance  thereof  and  the
 2    division  of  costs  of  such  changes  of any grade crossing
 3    (including the necessary highway approaches thereto)  of  any
 4    railroad across any highway, pedestrian bridge, or pedestrian
 5    subway.
 6        Every  rail  carrier  operating  in the State of Illinois
 7    shall construct and maintain every highway crossing over  its
 8    tracks   within   the  State  so  that  the  roadway  at  the
 9    intersection  shall  be  as   flush   with   the   rails   as
10    superelevated   curves  will  allow,  and,  unless  otherwise
11    ordered by the Commission, shall construct and  maintain  the
12    approaches  thereto at a grade of not more than 5% within the
13    right of way for a distance of not less the 6  feet  on  each
14    side  of  the  centerline  of such tracks; provided, that the
15    grades at the approaches may be maintained in  excess  of  5%
16    only when authorized by the Commission.
17        Every  rail  carrier  operating  within  this State shall
18    remove from its right of way at  all  railroad-highway  grade
19    crossings  within the State, such brush, shrubbery, and trees
20    as is reasonably practical for a distance of  not  less  than
21    500  feet  in  either direction from each grade crossing. The
22    Commission shall have power, upon its  own  motion,  or  upon
23    complaint,  and  after  having  made proper investigation, to
24    require the installation of adequate and appropriate luminous
25    reflective warning signs, luminous flashing signals, crossing
26    gates illuminated at night, or other  protective  devices  in
27    order  to  promote and safeguard the health and safety of the
28    public. Luminous flashing signal  or  crossing  gate  devices
29    installed at grade crossings, which have been approved by the
30    Commission,  shall  be  deemed  adequate and appropriate. The
31    Commission shall have  authority  to  determine  the  number,
32    type,  and  location  of such signs, signals, gates, or other
33    protective devices which, however, shall conform as  near  as
34    may  be with generally recognized national standards, and the
                            -7-                LRB9206062DHmb
 1    Commission shall have authority to prescribe the division  of
 2    the  cost  of  the installation and subsequent maintenance of
 3    such signs,  signals,  gates,  or  other  protective  devices
 4    between  the  rail  carrier  or  carriers, the public highway
 5    authority or other  public  authority  in  interest,  and  in
 6    instances  involving the use of the Grade Crossing Protection
 7    Fund, the Illinois Department of Transportation.
 8        It is the public policy  of  the  State  of  Illinois  to
 9    enhance  public  safety by establishing safe grade crossings.
10    The Commission shall order the installation of stop signs  at
11    all  grade  crossings  that  are  not equipped with automatic
12    flashing lights or gates.  The Commission  shall  assess  the
13    cost  of  these  stop  signs to the Grade Crossing Protection
14    Fund.  These installations shall be adequate and appropriate.
15    The highway authority in interest shall install and  maintain
16    the stop signs in accordance with the Commission order.
17        No  railroad  may  change  or  modify  the warning device
18    system  at  a  railroad-highway  grade  crossing,   including
19    warning  systems  interconnected with highway traffic control
20    signals, without having first received the  approval  of  the
21    Commission.   The  Commission  shall  have the further power,
22    upon application, upon its own motion, or upon complaint  and
23    after  having  made  proper  investigation,  to  require  the
24    interconnection   of  grade  crossing  warning  devices  with
25    traffic control signals at highway intersections  located  at
26    or  near railroad crossings within the distances described by
27    the State Manual on Uniform Traffic Control  Devices  adopted
28    pursuant  to Section 11-301 of this Code.  In addition, State
29    and local authorities may not install, remove, modernize,  or
30    otherwise   modify  traffic  control  signals  at  a  highway
31    intersection  that  is  interconnected  or  proposed  to   be
32    interconnected  with  grade crossing warning devices when the
33    change affects the  number,  type,  or  location  of  traffic
34    control  devices  on  the  track  approach leg or legs of the
                            -8-                LRB9206062DHmb
 1    intersection  or  the  timing  of  the  railroad   preemption
 2    sequence  of  operation until the Commission has approved the
 3    installation,  removal,   modernization,   or   modification.
 4    Commission  approval  shall  be  limited  to consideration of
 5    issues  directly  affecting  the   public   safety   at   the
 6    railroad-highway  grade  crossing.   The  electrical  circuit
 7    devices,  alternate warning devices, and preemption sequences
 8    shall  conform  as  nearly  as  possible,   considering   the
 9    particular  characteristics  of the crossing and intersection
10    area, to the State manual adopted by the Illinois  Department
11    of Transportation pursuant to Section 11-301 of this Code and
12    such  federal  standards as are made applicable by subsection
13    (2) of this Section.  In order to carry out  this  authority,
14    the  Commission  shall  have  the  authority to determine the
15    number, type, and location of traffic control devices on  the
16    track approach leg or legs of the intersection and the timing
17    of  the  railroad  preemption   sequence  of  operation.  The
18    Commission   shall   prescribe  the  division  of  costs  for
19    installation and maintenance of all devices required by  this
20    paragraph  between  the railroad or railroads and the highway
21    authority in interest and in instances involving the  use  of
22    the  Grade  Crossing  Protection Fund or a State highway, the
23    Illinois Department of Transportation.
24        Any person who unlawfully or maliciously removes,  throws
25    down,  damages  or  defaces  any  sign, signal, gate or other
26    protective device,  located  at  or  near  any  public  grade
27    crossing,  shall  be  guilty of a petty offense and fined not
28    less than $50 nor  more  than  $200  for  each  offense.   In
29    addition to fines levied under the provisions of this Section
30    a  person  adjudged  guilty hereunder may also be directed to
31    make restitution for the costs of repair or  replacement,  or
32    both, necessitated by his misconduct.
33        It  is  the  public  policy  of  the State of Illinois to
34    enhance public safety by establishing safe  grade  crossings.
                            -9-                LRB9206062DHmb
 1    In  order  to  implement  this  policy, the Illinois Commerce
 2    Commission is directed to  conduct  public  hearings  and  to
 3    adopt  specific  criteria  by  July  1,  1994,  that shall be
 4    adhered to by the Illinois Commerce Commission in determining
 5    if a grade crossing  should  be  opened  or  abolished.   The
 6    following   factors  shall  be  considered  by  the  Illinois
 7    Commerce Commission in developing the specific  criteria  for
 8    opening and abolishing grade crossings:
 9             (a)  timetable speed of passenger trains;
10             (b)  distance to an alternate crossing;
11             (c)  accident history for the last 5 years;
12             (d)  number  of  vehicular  traffic and posted speed
13        limits;
14             (e)  number of freight trains  and  their  timetable
15        speeds;
16             (f)  the type of warning device present at the grade
17        crossing;
18             (g)  alignments of the roadway and railroad, and the
19        angle of intersection of those alignments;
20             (h)  use  of  the  grade crossing by trucks carrying
21        hazardous materials,  vehicles  carrying  passengers  for
22        hire, and school buses; and
23             (i)  use   of   the   grade  crossing  by  emergency
24        vehicles.
25        The Illinois Commerce Commission, upon petition  to  open
26    or  abolish a grade crossing, shall enter an order opening or
27    abolishing the crossing if it  meets  the  specific  criteria
28    adopted by the Commission.
29        Except  as  otherwise provided in this subsection (3), in
30    no instance shall a  grade  crossing  be  permanently  closed
31    without  public  hearing  first being held and notice of such
32    hearing being published in an area newspaper of local general
33    circulation.
34        (4)  Freight   Trains   -   Radio   Communications.   The
                            -10-               LRB9206062DHmb
 1    Commission shall after hearing and order require  that  every
 2    main  line  railroad  freight  train operating on main tracks
 3    outside of yard limits within this State  shall  be  equipped
 4    with  a  radio  communication  system.   The Commission after
 5    notice and hearing may grant exemptions from the requirements
 6    of this Section as to secondary and branch lines.
 7        (5)  Railroad  Bridges  and  Trestles   -   Walkway   and
 8    Handrail.  In cases in which the Commission finds the same to
 9    be practical and necessary for safety of railroad  employees,
10    bridges and trestles, over and upon which railroad trains are
11    operated,  shall  include  as  a  part  thereof,  a  safe and
12    suitable walkway and handrail on one side only of such bridge
13    or trestle, and such handrail shall be located at  the  outer
14    edge of the walkway and shall provide a clearance of not less
15    than  8  feet,  6 inches, from the center line of the nearest
16    track, measured at right angles thereto.
17        (6)  Packages  Containing  Articles  for  First  Aid   to
18    Injured  on Trains. All rail carriers shall provide a package
19    containing the articles prescribed by the Commission, on each
20    train or engine, for first aid to persons who may be  injured
21    in the course of the operation of such trains.
22        (7)  Abandoned  Bridges, Crossings, and Other Rail Plant.
23    The  Commission  shall  have  authority,  after  notice   and
24    hearing, to order:
25             (a)  The  removal  of  any abandoned railroad tracks
26        from roads, streets or other thoroughfares in this State;
27        and
28             (b)  The  removal  of  abandoned  overhead  railroad
29        structures crossing highways, waterways, or railroads.
30        The Commission may equitably apportion the cost  of  such
31    actions   between   the  rail  carrier  or  carriers,  public
32    utilities, and the  State,  county,  municipality,  township,
33    road district, or other public authority in interest.
34        (8)  Railroad-Highway   Bridge   Clearance.   A  vertical
                            -11-               LRB9206062DHmb
 1    clearance of not less than 23 feet  above  the  top  of  rail
 2    shall  be  provided  for  all  new  or  reconstructed highway
 3    bridges constructed over a railroad  track.   The  Commission
 4    may  permit  a  lesser clearance if it determines that the 23
 5    foot  clearance  standard  cannot  be  justified   based   on
 6    engineering, operational, and economic conditions.
 7    (Source: P.A. 90-691, eff. 1-1-99; 91-725, eff. 6-2-00.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

[ Top ]