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| Public Act 101-0294 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Policy; findings. It is the public policy of the | ||||
State of Illinois to enhance public safety by establishing a | ||||
minimum freight train operating crew size to address the | ||||
transportation of all freight, including, but not limited to, | ||||
hazardous and volatile materials, on the railroads of Illinois. | ||||
The transportation of this freight, coupled with substantially | ||||
longer trains, creates significant health, safety, and | ||||
security concerns for local communities. Adequate railroad | ||||
operating personnel are critical to ensuring railroad | ||||
operational safety and security and in supporting first | ||||
responder activities in the event of a hazardous material | ||||
incident, grade crossing incident, or mechanical failure. | ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 18c-7402 as follows:
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(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
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Sec. 18c-7402. Safety requirements for railroad | ||||
operations.
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(1) Obstruction of crossings.
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(a) Obstruction of emergency vehicles.
Every railroad | ||||
shall be operated in such a manner as to
minimize | ||
obstruction of emergency vehicles at crossings.
Where such | ||
obstruction occurs and the train crew is
aware of the | ||
obstruction, the train crew shall
immediately take any | ||
action, consistent with safe
operating procedure, | ||
necessary to remove the
obstruction. In the Chicago and St. | ||
Louis switching
districts, every railroad dispatcher or | ||
other person
responsible for the movement of railroad | ||
equipment in a
specific area who receives notification that | ||
railroad
equipment is obstructing the movement of an | ||
emergency
vehicle at any crossing within such area shall
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immediately notify the train crew through use of
existing | ||
communication facilities. Upon notification,
the train | ||
crew shall take immediate action in accordance
with this | ||
paragraph.
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(b) Obstruction of highway at grade crossing | ||
prohibited.
It is unlawful for a rail carrier to permit any | ||
train,
railroad car or engine to obstruct public travel at | ||
a
railroad-highway grade crossing for a period in excess
of | ||
10 minutes, except where such train or railroad car
is | ||
continuously moving or cannot be moved by reason of
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circumstances over which the rail carrier has no
reasonable | ||
control.
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In a county with a population of greater than | ||
1,000,000, as determined by
the most recent federal census, | ||
during the
hours of 7:00 a.m. through 9:00 a.m. and 4:00 | ||
p.m. through 6:00 p.m. it is
unlawful for a rail carrier to | ||
permit any single train or railroad car to
obstruct
public | ||
travel at a railroad-highway grade crossing in excess of a | ||
total of 10
minutes during a 30 minute period, except where | ||
the train or railroad
car
cannot be moved by reason or | ||
circumstances over which the rail carrier has no
reasonable | ||
control. Under no circumstances will a moving train be | ||
stopped for
the purposes of
issuing a citation related to | ||
this Section.
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However, no employee acting under the rules or orders | ||
of the rail carrier or
its supervisory personnel may be | ||
prosecuted for a violation of this
subsection (b).
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(c) Punishment for obstruction of grade crossing.
Any | ||
rail carrier violating paragraph (b) of this
subsection | ||
shall be guilty of a petty offense and fined
not less than | ||
$200 nor more than $500 if the duration of
the obstruction | ||
is in excess of 10 minutes but no longer
than 15 minutes. | ||
If the duration of the obstruction
exceeds 15 minutes the | ||
violation shall be a business
offense and the following | ||
fines shall be imposed: if
the duration of the obstruction | ||
is in excess of 15
minutes but no longer than 20 minutes, | ||
the fine shall be
$500; if the duration of the obstruction | ||
is in excess of
20 minutes but no longer than 25 minutes, | ||
the fine shall
be $700; if the duration of the obstruction | ||
is in excess
of 25 minutes, but no longer than 30 minutes, | ||
the fine
shall be $900; if the duration of the obstruction | ||
is in
excess of 30 minutes but no longer than 35 minutes, | ||
the
fine shall be $1,000; if the duration of the | ||
obstruction
is in excess of 35 minutes, the fine shall be | ||
$1,000
plus an additional $500 for each 5 minutes of
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obstruction in excess of 25 minutes of obstruction.
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(2) Other operational requirements.
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(a) Bell and whistle-crossings.
Every rail carrier | ||
shall cause a bell, and a whistle or
horn to be placed and | ||
kept on each locomotive, and shall
cause the same to be | ||
rung or sounded by the engineer or
fireman, at the distance | ||
of at least 1,320 feet, from the
place where the railroad | ||
crosses or intersects any
public highway, and shall be kept | ||
ringing or sounding
until the highway is reached; provided | ||
that at crossings
where the Commission shall by order | ||
direct, only after a hearing has been
held to determine the | ||
public is reasonably and sufficiently protected, the rail
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carrier may be excused from giving warning provided by
this | ||
paragraph.
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(a-5) The requirements of paragraph (a) of this
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subsection (2) regarding ringing a bell and sounding a
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whistle or horn do not apply at a railroad crossing that
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has a permanently installed automated audible warning
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device authorized by the Commission under Section
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18c-7402.1 that sounds automatically when an approaching
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train is at least 1,320 feet from the crossing and that
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keeps sounding until the lead locomotive has crossed the
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highway. The engineer or fireman may ring the bell or
sound | ||
the whistle or horn at a railroad crossing that has a
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permanently installed audible warning device.
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(b) Speed limits.
Each rail carrier shall operate its | ||
trains in compliance
with speed limits set by the | ||
Commission. The Commission
may set train speed limits only | ||
where such limits are
necessitated by extraordinary | ||
circumstances affecting
the public safety, and shall | ||
maintain such train speed
limits in effect only for such | ||
time as the extraordinary
circumstances prevail.
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The Commission and the Department of Transportation | ||
shall conduct a study
of the relation between train speeds | ||
and railroad-highway grade crossing
safety. The Commission | ||
shall report the findings of the study to the General
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Assembly no later than January 5, 1997.
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(c) Special speed limit; pilot project. The Commission | ||
and the
Board of the Commuter Rail Division of the Regional | ||
Transportation Authority
shall conduct a pilot project in | ||
the Village of
Fox River Grove, the site of the
fatal | ||
school bus accident at a railroad crossing
on October 25, | ||
1995, in order to improve railroad crossing safety. For | ||
this
project, the Commission is directed to set the maximum | ||
train speed limit for
Regional Transportation Authority | ||
trains at 50 miles per hour at intersections
on
that | ||
portion of
the intrastate rail line located in the Village | ||
of Fox River Grove.
If the Regional Transportation | ||
Authority deliberately fails to comply with this
maximum | ||
speed
limit, then any entity, governmental or otherwise, | ||
that provides capital or
operational funds to the Regional | ||
Transportation
Authority shall appropriately reduce or | ||
eliminate that funding.
The Commission shall report
to the | ||
Governor and the General Assembly on the results of this | ||
pilot
project in January
1999, January 2000, and January | ||
2001. The Commission shall also submit a final
report on | ||
the pilot project to the Governor and the General Assembly | ||
in January
2001. The provisions of this
subsection (c), | ||
other than this sentence, are inoperative after February 1,
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2001.
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(d) Freight train crew size. No rail carrier shall | ||
operate or cause to operate a train or light engine used in | ||
connection with the movement of freight unless it has an | ||
operating crew consisting of at least 2 individuals. The | ||
minimum freight train crew size indicated in this | ||
subsection (d) shall remain in effect until a federal law | ||
or rule encompassing the subject matter has been adopted. | ||
The Commission, with respect to freight train crew member | ||
size under this subsection (d), has the power to conduct | ||
evidentiary hearings, make findings, and issue and enforce | ||
orders, including sanctions under Section 18c-1704 of this | ||
Chapter. As used in this subsection (d), "train or light | ||
engine" does not include trains operated by a hostler | ||
service or utility employees. | ||
(3) Report and investigation of rail accidents.
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(a) Reports.
Every rail carrier shall report to the | ||
Commission, by
the speediest means possible, whether | ||
telephone,
telegraph, or otherwise, every accident | ||
involving its
equipment, track, or other property which | ||
resulted in
loss of life to any person. In addition, such | ||
carriers
shall file a written report with the Commission.
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Reports submitted under this paragraph shall be strictly
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confidential, shall be specifically prohibited from
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disclosure, and shall not be admissible in any
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administrative or judicial proceeding relating to the
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accidents reported.
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(b) Investigations.
The Commission may investigate all | ||
railroad accidents
reported to it or of which it acquires | ||
knowledge
independent of reports made by rail carriers, and | ||
shall
have the power, consistent with standards and
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procedures established under the Federal Railroad Safety | ||
Act, as amended, to
enter such
temporary orders as will | ||
minimize the risk of future accidents pending notice,
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hearing, and final action by the Commission.
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(Source: P.A. 100-201, eff. 8-18-17.)
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