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90_SB0301sam001
LRB9001740DNmbam02
1 AMENDMENT TO SENATE BILL 301
2 AMENDMENT NO. . Amend Senate Bill 301 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 18c-7401 and 18c-7402."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 18c-7401 and 18c-7402 as follows:
10 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
11 Sec. 18c-7401. Safety Requirements for Track,
12 Facilities, and Equipment.
13 (1) General Requirements. Each rail carrier shall,
14 consistent with rules, orders, and regulations of the Federal
15 Railroad Administration, construct, maintain, and operate all
16 of its equipment, track, and other property in this State in
17 such a manner as to pose no undue risk to its employees or
18 the person or property of any member of the public.
19 (2) Adoption of Federal Standards. The track safety
20 standards and accident/incident standards promulgated by the
21 Federal Railroad Administration shall be safety standards of
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1 the Commission. The Commission may, in addition, adopt by
2 reference in its regulations other federal railroad safety
3 standards, whether contained in federal statutes or in
4 regulations adopted pursuant to such statutes.
5 (3) Railroad Crossings. No public road, highway, or
6 street shall hereafter be constructed across the track of any
7 rail carrier at grade, nor shall the track of any rail
8 carrier be constructed across a public road, highway or
9 street at grade, without having first secured the permission
10 of the Commission; provided, that this Section shall not
11 apply to the replacement of lawfully existing roads, highways
12 and tracks. The Commission shall have the right to refuse
13 its permission or to grant it upon such terms and conditions
14 as it may prescribe. The Commission shall have power to
15 determine and prescribe the manner, including the particular
16 point of crossing, and the terms of installation, operation,
17 maintenance, use and protection of each such crossing.
18 The Commission shall also have power, after a hearing, to
19 require major alteration of or to abolish any crossing,
20 heretofore or hereafter established, when in its opinion, the
21 public safety requires such alteration or abolition, and,
22 except in cities, villages and incorporated towns of
23 1,000,000 or more inhabitants, to vacate and close that part
24 of the highway on such crossing altered or abolished and
25 cause barricades to be erected across such highway in such
26 manner as to prevent the use of such crossing as a highway,
27 when, in the opinion of the Commission, the public
28 convenience served by the crossing in question is not such as
29 to justify the further retention thereof; or to require a
30 separation of grades, at such crossings; or to require a
31 separation of grades at any proposed crossing where a
32 proposed public highway may cross the tracks of any rail
33 carrier or carriers; and to prescribe, after a hearing of the
34 parties, the terms upon which such separations shall be made
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1 and the proportion in which the expense of the alteration or
2 abolition of such crossings or the separation of such grades
3 shall be divided between the rail carrier or carriers
4 affected, or between such carrier or carriers and the State,
5 county, municipality or other public authority in interest.
6 The Commission shall also have power by its order to
7 require the reconstruction, minor alteration, minor
8 relocation or improvement of any crossing (including the
9 necessary highway approaches thereto) of any railroad across
10 any highway or public road, whether such crossing be at grade
11 or by overhead structure or by subway, whenever the
12 Commission finds after a hearing or without a hearing as
13 otherwise provided in this paragraph that such
14 reconstruction, alteration, relocation or improvement is
15 necessary to preserve or promote the safety or convenience of
16 the public or of the employees or passengers of such rail
17 carrier or carriers. For the purpose of this Section, a minor
18 alteration shall include the installation of any type of
19 remote control track switch, technical or operational
20 improvement, or any other actions the Commission deems
21 necessary to reduce the occupancy of crossings by trains and
22 increase public safety. By its original order or supplemental
23 orders in such case, the Commission may direct such
24 reconstruction, alteration, relocation, or improvement to be
25 made in such manner and upon such terms and conditions as may
26 be reasonable and necessary and may apportion the cost of
27 such reconstruction, alteration, relocation or improvement
28 and the subsequent maintenance thereof between the rail
29 carrier or carriers and public utilities affected, or between
30 such carrier or carriers and public utilities and the State,
31 county, municipality or other public authority in interest.
32 The cost to be so apportioned shall include the cost of
33 changes or alterations in the equipment of public utilities
34 affected as well as the cost of the relocation, diversion or
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1 establishment of any public highway, made necessary by such
2 reconstruction, alteration, relocation or improvement of said
3 crossing. A hearing shall not be required in those instances
4 when the Commission enters an order confirming a written
5 stipulation in which the Commission, the public highway
6 authority in interest, the rail carrier or carriers affected,
7 and in instances involving the use of the Grade Crossing
8 Protection Fund, the Illinois Department of Transportation,
9 agree on the reconstruction, alteration, relocation, or
10 improvement and the subsequent maintenance thereof and the
11 division of costs of such changes of any grade crossing
12 (including the necessary highway approaches thereto) of any
13 railroad across any highway.
14 Every rail carrier operating in the State of Illinois
15 shall construct and maintain every highway crossing over its
16 tracks within the State so that the roadway at the
17 intersection shall be as flush with the rails as
18 superelevated curves will allow, and, unless otherwise
19 ordered by the Commission, shall construct and maintain the
20 approaches thereto at a grade of not more than 5% within the
21 right of way for a distance of not less the 6 feet on each
22 side of the centerline of such tracks; provided, that the
23 grades at the approaches may be maintained in excess of 5%
24 only when authorized by the Commission.
25 Every rail carrier operating within this State shall
26 remove from its right of way at all grade crossings within
27 the State, such brush, shrubbery, and trees as is reasonably
28 practical for a distance of not less than 500 feet in either
29 direction from each grade crossing. The Commission shall have
30 power, upon its own motion, or upon complaint, and after
31 having made proper investigation, to require the installation
32 of adequate and appropriate luminous reflective warning
33 signs, luminous flashing signals, crossing gates illuminated
34 at night, or other protective devices in order to promote and
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1 safeguard the health and safety of the public. Luminous
2 flashing signal or crossing gate devices installed at grade
3 crossings, which have been approved by the Commission, shall
4 be deemed adequate and appropriate. The Commission shall have
5 authority to determine the number, type, and location of such
6 signs, signals, gates, or other protective devices which,
7 however, shall conform as near as may be with generally
8 recognized national standards, and the Commission shall have
9 authority to prescribe the division of the cost of the
10 installation and subsequent maintenance of such signs,
11 signals, gates, or other protective devices between the rail
12 carrier or carriers, the public highway authority in
13 interest, and in instances involving the use of the Grade
14 Crossing Protection Fund, the Illinois Department of
15 Transportation.
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 In no instance shall a grade crossing be permanently
29 closed without public hearing first being held and notice of
30 such hearing being published in an area newspaper of local
31 general circulation.
32 (4) Freight Trains - Radio Communications. The
33 Commission shall after hearing and order require that every
34 main line railroad freight train operating on main tracks
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1 outside of yard limits within this State shall be equipped
2 with a radio communication system. The Commission after
3 notice and hearing may grant exemptions from the requirements
4 of this Section as to secondary and branch lines.
5 (5) Railroad Bridges and Trestles - Walkway and
6 Handrail. In cases in which the Commission finds the same to
7 be practical and necessary for safety of railroad employees,
8 bridges and trestles, over and upon which railroad trains are
9 operated, shall include as a part thereof, a safe and
10 suitable walkway and handrail on one side only of such bridge
11 or trestle, and such handrail shall be located at the outer
12 edge of the walkway and shall provide a clearance of not less
13 than 8 feet, 6 inches, from the center line of the nearest
14 track, measured at right angles thereto.
15 (6) Packages Containing Articles for First Aid to
16 Injured on Trains. All rail carriers shall provide a package
17 containing the articles prescribed by the Commission, on each
18 train or engine, for first aid to persons who may be injured
19 in the course of the operation of such trains.
20 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
21 The Commission shall have authority, after notice and
22 hearing, to order:
23 (a) The removal of any abandoned railroad tracks
24 from roads, streets or other thoroughfares in this State;
25 and
26 (b) The removal of abandoned overhead railroad
27 structures crossing highways, waterways, or railroads.
28 The Commission may equitably apportion the cost of such
29 actions between the rail carrier or carriers, public
30 utilities, and the State, county, municipality, township,
31 road district, or other public authority in interest.
32 (Source: P.A. 88-296; 89-699, eff. 1-16-97.)
33 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
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1 Sec. 18c-7402. Safety Requirements for Railroad
2 Operations.
3 (1) Obstruction of Crossings.
4 (a) Obstruction of Emergency Vehicles. Every
5 railroad shall be operated in such a manner as to
6 minimize obstruction of emergency vehicles at crossings.
7 Where such obstruction occurs and the train crew is aware
8 of the obstruction, the train crew shall immediately take
9 any action, consistent with safe operating procedure,
10 necessary to remove the obstruction. In the Chicago and
11 St. Louis switching districts, every railroad dispatcher
12 or other person responsible for the movement of railroad
13 equipment in a specific area who receives notification
14 that railroad equipment is obstructing the movement of an
15 emergency vehicle at any crossing within such area shall
16 immediately notify the train crew through use of existing
17 communication facilities. Upon notification, the train
18 crew shall take immediate action in accordance with this
19 paragraph.
20 (b) Obstruction of Highway at Grade Crossing
21 Prohibited. It is unlawful for a rail carrier to permit
22 any train, railroad car or engine to obstruct public
23 travel at a railroad-highway grade crossing for a period
24 in excess of 10 minutes, except where such train,
25 railroad or car is continuously moving or cannot be moved
26 by reason of circumstances over which the rail carrier
27 has no reasonable control. However, no employee acting
28 under the rules or orders of the rail carrier or its
29 supervisory personnel may be prosecuted for such
30 violations.
31 (c) Punishment for Obstruction of Grade Crossing.
32 Any rail carrier violating paragraph (b) of this
33 subsection shall be guilty of a petty offense and fined
34 not less than $200 nor more than $500 if the duration of
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1 the obstruction is in excess of 10 minutes but no longer
2 than 15 minutes. If the duration of the obstruction
3 exceeds 15 minutes the violation shall be a business
4 offense and the following fines shall be imposed: if the
5 duration of the obstruction is in excess of 15 minutes
6 but no longer than 20 minutes, the fine shall be $500; if
7 the duration of the obstruction is in excess of 20
8 minutes but no longer than 25 minutes, the fine shall be
9 $700; if the duration of the obstruction is in excess of
10 25 minutes, but no longer than 30 minutes, the fine shall
11 be $900; if the duration of the obstruction is in excess
12 of 30 minutes but no longer than 35 minutes, the fine
13 shall be $1,000; if the duration of the obstruction is in
14 excess of 35 minutes, the fine shall be $1,000 plus an
15 additional $500 for each 5 minutes of obstruction in
16 excess of 25 minutes of obstruction.
17 (d) Chronic obstruction of a grade crossing.
18 Within the Chicago switching district, the Commission
19 may, after investigation, make a determination that a
20 railroad has engaged in the chronic obstruction of grade
21 crossings. A railroad engages in the chronic obstruction
22 of a grade crossing when its trains repeatedly and with
23 great rate of recurrence obstruct a grade crossing by
24 frequently stopping and causing disruption of vehicular
25 traffic and endangering the lives and safety of the
26 citizens of this State by interfering with the operation
27 of ambulances and police and fire department vehicles.
28 Once a railroad is designated as chronically obstructing
29 a grade crossing, the penalty for obstructing that grade
30 crossing is a Class C misdemeanor for the first offense.
31 For a second or subsequent offense at the same location
32 the penalty is a Class B misdemeanor and the fine shall
33 be triple the fine amount of the first offense.
34 (2) Other Operational Requirements.
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1 (a) Bell and Whistle-Crossings. Every rail carrier
2 shall cause a bell, and a whistle or horn to be placed
3 and kept on each locomotive, and shall cause the same to
4 be rung or sounded by the engineer or fireman, at the
5 distance of a least 1,320 feet, from the place where the
6 railroad crosses or intersects any public highway, and
7 shall be kept ringing or sounding until the highway is
8 reached; provided that at crossings where the Commission
9 shall by order direct, only after a hearing has been held
10 to determine the public is reasonably and sufficiently
11 protected, the rail carrier may be excused from giving
12 warning provided by this paragraph.
13 (b) Speed Limits. Each rail carrier shall operate
14 its trains in compliance with speed limits set by the
15 Commission. The Commission may set train speed limits
16 only where such limits are necessitated by extraordinary
17 circumstances effecting the public safety, and shall
18 maintain such train speed limits in effect only for such
19 time as the extraordinary circumstances prevail.
20 The Commission and the Department of Transportation
21 shall conduct a study of the relation between train
22 speeds and railroad-highway grade crossing safety. The
23 Commission shall report the findings of the study to the
24 General Assembly no later than January 5, 1997.
25 (3) Report and Investigation of Rail Accidents.
26 (a) Reports. Every rail carrier shall report to the
27 Commission, by the speediest means possible, whether
28 telephone, telegraph, or otherwise, every accident
29 involving its equipment, track, or other property which
30 resulted in loss of life to any person. In addition,
31 such carriers shall file a written report with the
32 Commission. Reports submitted under this paragraph shall
33 be strictly confidential, shall be specifically
34 prohibited from disclosure, and shall not be admissible
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1 in any administrative or judicial proceeding relating to
2 the accidents reported.
3 (b) Investigations. The Commission may investigate
4 all railroad accidents reported to it or of which it
5 acquires knowledge independent of reports made by rail
6 carriers, and shall have the power, consistent with
7 standards and procedures established under the Federal
8 Railroad Safety Act, as amended, to enter such temporary
9 orders as will minimize the risk of future accidents
10 pending notice, hearing, and final action by the
11 Commission.
12 (Source: P.A. 89-699, eff. 1-16-97.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".