State of Illinois
92nd General Assembly
Legislation

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92_SJ0012

 
                                          SDS/92Asjr0001/AJhs

 1                       SENATE JOINT RESOLUTION

 2        WHEREAS, Trains in Chicago  and  throughout  the  suburbs
 3    have   created   a  nuisance  and  public  safety  hazard  to
 4    residents; and

 5        WHEREAS, Residents of the southwest side of  Chicago  and
 6    the  south suburbs have been particularly plagued by problems
 7    of trains blocking intersections for long periods of time and
 8    the loud noises of trains that  are  a  nuisance  near  their
 9    homes; and

10        WHEREAS,  In  the  case of trains blocking intersections,
11    some residents, such as those in Blue  Island,  are  cut  off
12    from  public safety services for long periods of time because
13    trains  are   blocking   the   only   entryway   into   their
14    neighborhood; and

15        WHEREAS,  In the case of loud noises of trains that are a
16    nuisance near their homes, some residents, such as  those  in
17    West  Beverly, are subject to dangerously high train whistles
18    which exceed decibel limits and train rattles which crack the
19    foundations of their homes; and

20        WHEREAS, Congress has the  authority  to  regulate  train
21    horns  and  trains stalled in intersections and the authority
22    to pre-empt state and local governments in this area, but  it
23    has   delegated   its   authority   to   the   Secretary   of
24    Transportation; and

25        WHEREAS, The United States Code, Title 49, Section 20134,
26    gives  the  Secretary of Transportation the power to "develop
27    and carry  out  solutions  to  the  railroad  grade  crossing
28    problem  and  measures  to  protect  pedestrians  in  densely
29    populated areas along railroad rights of way"; and

30        WHEREAS,  The  United  States  Code,  Title  49,  Section
31    20153(e),  specifically  instructs  the Secretary to "promote
 
                            -2-           SDS/92Asjr0001/AJhs
 1    the quiet of communities  affected  by  rail  operations"  in
 2    promulgating   regulations,   and   the  statute  allows  the
 3    Secretary of Transportation to suspend the  sounding  of  the
 4    horn  at  railroad  crossings  if other, as effective, safety
 5    means can be developed and demonstrated in the case  of  loud
 6    noises of train that are a nuisance; and

 7        WHEREAS,  Section  20153(i)  of  Title  49  of the United
 8    States Code instructs the Secretary to "work  in  partnership
 9    with  affected  communities  to  provide technical assistance
10    and...a reasonable amount of time for the  local  communities
11    to install supplementary safety measures, taking into account
12    local   safety   initiatives   (such   as   public  awareness
13    initiatives  and  highway-rail  grade  crossing  traffic  law
14    enforcement programs)"; therefore be it

15        RESOLVED, BY  THE  SENATE  OF  THE  NINETY-FIRST  GENERAL
16    ASSEMBLY   OF   THE   STATE   OF   ILLINOIS,   THE  HOUSE  OF
17    REPRESENTATIVES  CONCURRING  HEREIN,  That  we  petition  the
18    United States Secretary  of  Transportation  to  invoke  this
19    authority  to  prevent  trains  from  blocking intersections,
20    because the blocking of intersections poses safety hazards to
21    residents and vehicles; and be it further

22        RESOLVED, That we urge the  United  States  Secretary  of
23    Transportation to adopt regulations to protect residents from
24    the  nuisance  of train noise and not to allow trains to blow
25    their horns in "quiet zone" areas, and we urge the  Secretary
26    to develop alternative safety measures to supplant the use of
27    the  horn,  such  as  helping  to  fund  grade  crossings and
28    footbridges; and be it further

29        RESOLVED,   That   the   United   States   Secretary   of
30    Transportation should convene soon a  meeting  of  residents,
31    local  elected  officials,  and the railroad to address these
32    concerns of residents of the southwest side  of  Chicago  and
 
                            -3-           SDS/92Asjr0001/AJhs
 1    the south suburbs; and be it further

 2    RESOLVED,  That a suitable copy of this resolution be sent to
 3    the United States Secretary of  Transportation  and  to  each
 4    member of the Illinois congressional delegation.

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