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92_SB0152
LRB9204825DHtm
1 AN ACT concerning 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 Section 18c-7401 as follows:
6 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
7 Sec. 18c-7401. Safety Requirements for Track,
8 Facilities, and Equipment.
9 (1) General Requirements. Each rail carrier shall,
10 consistent with rules, orders, and regulations of the Federal
11 Railroad Administration, construct, maintain, and operate all
12 of its equipment, track, and other property in this State in
13 such a manner as to pose no undue risk to its employees or
14 the person or property of any member of the public.
15 (2) Adoption of Federal Standards. The track safety
16 standards and accident/incident standards promulgated by the
17 Federal Railroad Administration shall be safety standards of
18 the Commission. The Commission may, in addition, adopt by
19 reference in its regulations other federal railroad safety
20 standards, whether contained in federal statutes or in
21 regulations adopted pursuant to such statutes.
22 (3) Railroad Crossings. No public road, highway, or
23 street shall hereafter be constructed across the track of any
24 rail carrier at grade, nor shall the track of any rail
25 carrier be constructed across a public road, highway or
26 street at grade, without having first secured the permission
27 of the Commission; provided, that this Section shall not
28 apply to the replacement of lawfully existing roads, highways
29 and tracks. The Commission shall have the right to refuse
30 its permission or to grant it upon such terms and conditions
31 as it may prescribe. The Commission shall have power to
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1 determine and prescribe the manner, including the particular
2 point of 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 such crossings; or to require a
17 separation of grades at any proposed crossing where a
18 proposed public highway may cross the tracks of any rail
19 carrier or carriers; and to prescribe, after a hearing of the
20 parties, the terms upon which such separations shall be made
21 and the proportion in which the expense of the alteration or
22 abolition of such crossings or the separation of such grades,
23 having regard to the benefits, if any, accruing to the rail
24 carrier or any party in interest, shall be divided between
25 the rail carrier or carriers affected, or between such
26 carrier or carriers and the State, county, municipality or
27 other public authority in interest. However, a public
28 hearing by the Commission to abolish a crossing shall not be
29 required when the public highway authority in interest
30 vacates the highway. In such instance the rail carrier,
31 following notification to the Commission and the highway
32 authority, shall remove any grade crossing warning devices
33 and the grade crossing surface.
34 The Commission shall also have power by its order to
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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, whether such crossing be at grade
5 or by overhead structure or by subway, whenever the
6 Commission finds after a hearing or without a hearing as
7 otherwise provided in this paragraph that such
8 reconstruction, alteration, relocation or improvement is
9 necessary to preserve or promote the safety or convenience of
10 the public or of the employees or passengers of such rail
11 carrier or carriers. By its original order or supplemental
12 orders in such case, the Commission may direct such
13 reconstruction, alteration, relocation, or improvement to be
14 made in such manner and upon such terms and conditions as may
15 be reasonable and necessary and may apportion the cost of
16 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 in interest, the
31 rail carrier or carriers affected, and in instances involving
32 the use of the Grade Crossing Protection Fund, the Illinois
33 Department of Transportation, agree on the reconstruction,
34 alteration, relocation, or improvement and the subsequent
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1 maintenance thereof and the division of costs of such changes
2 of any grade crossing (including the necessary highway
3 approaches thereto) of any railroad across any highway.
4 Every rail carrier operating in the State of Illinois
5 shall construct and maintain every highway crossing over its
6 tracks within the State so that the roadway at the
7 intersection shall be as flush with the rails as
8 superelevated curves will allow, and, unless otherwise
9 ordered by the Commission, shall construct and maintain the
10 approaches thereto at a grade of not more than 5% within the
11 right of way for a distance of not less the 6 feet on each
12 side of the centerline of such tracks; provided, that the
13 grades at the approaches may be maintained in excess of 5%
14 only when authorized by the Commission.
15 Every rail carrier operating within this State shall
16 remove from its right of way at all grade crossings within
17 the State, such brush, shrubbery, and trees as is reasonably
18 practical for a distance of not less than 500 feet in either
19 direction from each grade crossing. The Commission shall have
20 power, upon its own motion, or upon complaint, and after
21 having made proper investigation, to require the installation
22 of adequate and appropriate luminous reflective warning
23 signs, luminous flashing signals, crossing gates illuminated
24 at night, or other protective devices in order to promote and
25 safeguard the health and safety of the public. Luminous
26 flashing signal or crossing gate devices installed at grade
27 crossings, which have been approved by the Commission, shall
28 be deemed adequate and appropriate. The Commission shall have
29 authority to determine the number, type, and location of such
30 signs, signals, gates, or other protective devices which,
31 however, shall conform as near as may be with generally
32 recognized national standards, and the Commission shall have
33 authority to prescribe the division of the cost of the
34 installation and subsequent maintenance of such signs,
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1 signals, gates, or other protective devices between the rail
2 carrier or carriers, the public highway authority in
3 interest, and in instances involving the use of the Grade
4 Crossing Protection Fund, the Illinois Department of
5 Transportation.
6 It is the public policy of the State of Illinois to
7 enhance public safety by establishing safe grade crossings.
8 The Commission shall, by July 1, 2002, order the installation
9 of stop signs at all grade crossings that are not equipped
10 with automatic flashing lights or gates. These installations
11 shall be adequate and appropriate. The Commission shall
12 assess the cost of these stop signs to the Grade Crossing
13 Protection Fund. The highway authority in interest shall
14 install and maintain the stop signs in accordance with the
15 Commission order.
16 No railroad may change or modify the warning device
17 system at a railroad-highway grade crossing, including
18 warning systems interconnected with highway traffic control
19 signals, without having first received the approval of the
20 Commission. The Commission shall have the further power,
21 upon application, upon its own motion, or upon complaint and
22 after having made proper investigation, to require the
23 interconnection of grade crossing warning devices with
24 traffic control signals at highway intersections located at
25 or near railroad crossings within the distances described by
26 the State Manual on Uniform Traffic Control Devices adopted
27 pursuant to Section 11-301 of this Code. In addition, State
28 and local authorities may not install, remove, modernize, or
29 otherwise modify traffic control signals at a highway
30 intersection that is interconnected or proposed to be
31 interconnected with grade crossing warning devices when the
32 change affects the number, type, or location of traffic
33 control devices on the track approach leg or legs of the
34 intersection or the timing of the railroad preemption
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1 sequence of operation until the Commission has approved the
2 installation, removal, modernization, or modification.
3 Commission approval shall be limited to consideration of
4 issues directly affecting the public safety at the
5 railroad-highway grade crossing. The electrical circuit
6 devices, alternate warning devices, and preemption sequences
7 shall conform as nearly as possible, considering the
8 particular characteristics of the crossing and intersection
9 area, to the State manual adopted by the Illinois Department
10 of Transportation pursuant to Section 11-301 of this Code and
11 such federal standards as are made applicable by subsection
12 (2) of this Section. In order to carry out this authority,
13 the Commission shall have the authority to determine the
14 number, type, and location of traffic control devices on the
15 track approach leg or legs of the intersection and the timing
16 of the railroad preemption sequence of operation. The
17 Commission shall prescribe the division of costs for
18 installation and maintenance of all devices required by this
19 paragraph between the railroad or railroads and the highway
20 authority in interest and in instances involving the use of
21 the Grade Crossing Protection Fund or a State highway, the
22 Illinois Department of Transportation.
23 Any person who unlawfully or maliciously removes, throws
24 down, damages or defaces any sign, signal, gate or other
25 protective device, located at or near any public grade
26 crossing, shall be guilty of a petty offense and fined not
27 less than $50 nor more than $200 for each offense. In
28 addition to fines levied under the provisions of this Section
29 a person adjudged guilty hereunder may also be directed to
30 make restitution for the costs of repair or replacement, or
31 both, necessitated by his misconduct.
32 It is the public policy of the State of Illinois to
33 enhance public safety by establishing safe grade crossings.
34 In order to implement this policy, the Illinois Commerce
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1 Commission is directed to conduct public hearings and to
2 adopt specific criteria by July 1, 1994, that shall be
3 adhered to by the Illinois Commerce Commission in determining
4 if a grade crossing should be opened or abolished. The
5 following factors shall be considered by the Illinois
6 Commerce Commission in developing the specific criteria for
7 opening and abolishing grade crossings:
8 (a) timetable speed of passenger trains;
9 (b) distance to an alternate crossing;
10 (c) accident history for the last 5 years;
11 (d) number of vehicular traffic and posted speed
12 limits;
13 (e) number of freight trains and their timetable
14 speeds;
15 (f) the type of warning device present at the grade
16 crossing;
17 (g) alignments of the roadway and railroad, and the
18 angle of intersection of those alignments;
19 (h) use of the grade crossing by trucks carrying
20 hazardous materials, vehicles carrying passengers for
21 hire, and school buses; and
22 (i) use of the grade crossing by emergency
23 vehicles.
24 The Illinois Commerce Commission, upon petition to open
25 or abolish a grade crossing, shall enter an order opening or
26 abolishing the crossing if it meets the specific criteria
27 adopted by the Commission.
28 Except as otherwise provided in this subsection (3), in
29 no instance shall a grade crossing be permanently closed
30 without public hearing first being held and notice of such
31 hearing being published in an area newspaper of local general
32 circulation.
33 (4) Freight Trains - Radio Communications. The
34 Commission shall after hearing and order require that every
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1 main line railroad freight train operating on main tracks
2 outside of yard limits within this State shall be equipped
3 with a radio communication system. The Commission after
4 notice and hearing may grant exemptions from the requirements
5 of this Section as to secondary and branch lines.
6 (5) Railroad Bridges and Trestles - Walkway and
7 Handrail. In cases in which the Commission finds the same to
8 be practical and necessary for safety of railroad employees,
9 bridges and trestles, over and upon which railroad trains are
10 operated, shall include as a part thereof, a safe and
11 suitable walkway and handrail on one side only of such bridge
12 or trestle, and such handrail shall be located at the outer
13 edge of the walkway and shall provide a clearance of not less
14 than 8 feet, 6 inches, from the center line of the nearest
15 track, measured at right angles thereto.
16 (6) Packages Containing Articles for First Aid to
17 Injured on Trains. All rail carriers shall provide a package
18 containing the articles prescribed by the Commission, on each
19 train or engine, for first aid to persons who may be injured
20 in the course of the operation of such trains.
21 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
22 The Commission shall have authority, after notice and
23 hearing, to order:
24 (a) The removal of any abandoned railroad tracks
25 from roads, streets or other thoroughfares in this State;
26 and
27 (b) The removal of abandoned overhead railroad
28 structures crossing highways, waterways, or railroads.
29 The Commission may equitably apportion the cost of such
30 actions between the rail carrier or carriers, public
31 utilities, and the State, county, municipality, township,
32 road district, or other public authority in interest.
33 (8) Railroad-Highway Bridge Clearance. A vertical
34 clearance of not less than 23 feet above the top of rail
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1 shall be provided for all new or reconstructed highway
2 bridges constructed over a railroad track. The Commission
3 may permit a lesser clearance if it determines that the 23
4 foot clearance standard cannot be justified based on
5 engineering, operational, and economic conditions.
6 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.