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92_HB2239 LRB9206062DHmb 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 approvalof the Department, shall are hereby6 authorized to designate particularly dangerous highway grade7 crossings of railroads and toerect 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 ofthis 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.
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