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91_HB0431
LRB9101378KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-7401.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18c-7401 as follows:
7 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
8 Sec. 18c-7401. Safety Requirements for Track,
9 Facilities, and Equipment.
10 (1) General Requirements. Each rail carrier shall,
11 consistent with rules, orders, and regulations of the Federal
12 Railroad Administration, construct, maintain, and operate all
13 of its equipment, track, and other property in this State in
14 such a manner as to pose no undue risk to its employees or
15 the person or property of any member of the public.
16 (2) Adoption of Federal Standards. The track safety
17 standards and accident/incident standards promulgated by the
18 Federal Railroad Administration shall be safety standards of
19 the Commission. The Commission may, in addition, adopt by
20 reference in its regulations other federal railroad safety
21 standards, whether contained in federal statutes or in
22 regulations adopted pursuant to such statutes.
23 (3) Railroad Crossings. No public road, highway, or
24 street shall hereafter be constructed across the track of any
25 rail carrier at grade, nor shall the track of any rail
26 carrier be constructed across a public road, highway or
27 street at grade, without having first secured the permission
28 of the Commission; provided, that this Section shall not
29 apply to the replacement of lawfully existing roads, highways
30 and tracks. The Commission shall have the right to refuse
31 its permission or to grant it upon such terms and conditions
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1 as it may prescribe. The Commission shall have power to
2 determine and prescribe the manner, including the particular
3 point of crossing, and the terms of installation, operation,
4 maintenance, use and protection of each such crossing.
5 The Commission shall also have power, after a hearing, to
6 require major alteration of or to abolish any crossing,
7 heretofore or hereafter established, when in its opinion, the
8 public safety requires such alteration or abolition, and,
9 except in cities, villages and incorporated towns of
10 1,000,000 or more inhabitants, to vacate and close that part
11 of the highway on such crossing altered or abolished and
12 cause barricades to be erected across such highway in such
13 manner as to prevent the use of such crossing as a highway,
14 when, in the opinion of the Commission, the public
15 convenience served by the crossing in question is not such as
16 to justify the further retention thereof; or to require a
17 separation of grades, at such crossings; or to require a
18 separation of grades at any proposed crossing where a
19 proposed public highway may cross the tracks of any rail
20 carrier or carriers; and to prescribe, after a hearing of the
21 parties, the terms upon which such separations shall be made
22 and the proportion in which the expense of the alteration or
23 abolition of such crossings or the separation of such grades,
24 having regard to the benefits, if any, accruing to the rail
25 carrier or any party in interest, shall be divided between
26 the rail carrier or carriers affected, or between such
27 carrier or carriers and the State, county, municipality or
28 other public authority in interest. However, a public
29 hearing by the Commission to abolish a crossing shall not be
30 required when the public highway authority in interest
31 vacates the highway. In such instance the rail carrier,
32 following notification to the Commission and the highway
33 authority, shall remove any grade crossing warning devices
34 and the grade crossing surface.
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1 The Commission shall also have power by its order to
2 require the reconstruction, minor alteration, minor
3 relocation or improvement of any crossing (including the
4 necessary highway approaches thereto) of any railroad across
5 any highway or public road, whether such crossing be at grade
6 or by overhead structure or by subway, whenever the
7 Commission finds after a hearing or without a hearing as
8 otherwise provided in this paragraph that such
9 reconstruction, alteration, relocation or improvement is
10 necessary to preserve or promote the safety or convenience of
11 the public or of the employees or passengers of such rail
12 carrier or carriers. By its original order or supplemental
13 orders in such case, the Commission may direct such
14 reconstruction, alteration, relocation, or improvement to be
15 made in such manner and upon such terms and conditions as may
16 be reasonable and necessary and may apportion the cost of
17 such reconstruction, alteration, relocation or improvement
18 and the subsequent maintenance thereof, having regard to the
19 benefits, if any, accruing to the railroad or any party in
20 interest, between the rail carrier or carriers and public
21 utilities affected, or between such carrier or carriers and
22 public utilities and the State, county, municipality or other
23 public authority in interest. The cost to be so apportioned
24 shall include the cost of changes or alterations in the
25 equipment of public utilities affected as well as the cost of
26 the relocation, diversion or establishment of any public
27 highway, made necessary by such reconstruction, alteration,
28 relocation or improvement of said crossing. A hearing shall
29 not be required in those instances when the Commission enters
30 an order confirming a written stipulation in which the
31 Commission, the public highway authority in interest, the
32 rail carrier or carriers affected, and in instances involving
33 the use of the Grade Crossing Protection Fund, the Illinois
34 Department of Transportation, agree on the reconstruction,
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1 alteration, relocation, or improvement and the subsequent
2 maintenance thereof and the division of costs of such changes
3 of any grade crossing (including the necessary highway
4 approaches thereto) of any railroad across any highway.
5 Every rail carrier operating in the State of Illinois
6 shall construct and maintain every highway crossing over its
7 tracks within the State so that the roadway at the
8 intersection shall be as flush with the rails as
9 superelevated curves will allow, and, unless otherwise
10 ordered by the Commission, shall construct and maintain the
11 approaches thereto at a grade of not more than 5% within the
12 right of way for a distance of not less the 6 feet on each
13 side of the centerline of such tracks; provided, that the
14 grades at the approaches may be maintained in excess of 5%
15 only when authorized by the Commission.
16 Every rail carrier operating within this State shall
17 remove from its right of way at all grade crossings within
18 the State, such brush, shrubbery, and trees as is reasonably
19 practical for a distance of not less than 500 feet in either
20 direction from each grade crossing. The Commission shall have
21 power, upon its own motion, or upon complaint, and after
22 having made proper investigation, to require the installation
23 of adequate and appropriate luminous reflective warning
24 signs, luminous flashing signals, crossing gates illuminated
25 at night, or other protective devices in order to promote and
26 safeguard the health and safety of the public. Luminous
27 flashing signal or crossing gate devices installed at grade
28 crossings, which have been approved by the Commission, shall
29 be deemed adequate and appropriate. The Commission shall have
30 authority to determine the number, type, and location of such
31 signs, signals, gates, or other protective devices which,
32 however, shall conform as near as may be with generally
33 recognized national standards, and the Commission shall have
34 authority to prescribe the division of the cost of the
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1 installation and subsequent maintenance of such signs,
2 signals, gates, or other protective devices between the rail
3 carrier or carriers, the public highway authority in
4 interest, and in instances involving the use of the Grade
5 Crossing Protection Fund, the Illinois Department of
6 Transportation.
7 No railroad may change or modify the warning device
8 system at a railroad-highway grade crossing, including
9 warning systems interconnected with highway traffic control
10 signals, without having first received the approval of the
11 Commission. The Commission shall have the further power,
12 upon application, upon its own motion, or upon complaint and
13 after having made proper investigation, to require the
14 interconnection of grade crossing warning devices with
15 traffic control signals at highway intersections located at
16 or near railroad crossings within the distances described by
17 the State Manual on Uniform Traffic Control Devices adopted
18 pursuant to Section 11-301 of this Code. In addition, State
19 and local authorities may not install, remove, modernize, or
20 otherwise modify traffic control signals at a highway
21 intersection that is interconnected or proposed to be
22 interconnected with grade crossing warning devices when the
23 change affects the number, type, or location of traffic
24 control devices on the track approach leg or legs of the
25 intersection or the timing of the railroad preemption
26 sequence of operation until the Commission has approved the
27 installation, removal, modernization, or modification.
28 Commission approval shall be limited to consideration of
29 issues directly affecting the public safety at the
30 railroad-highway grade crossing. The electrical circuit
31 devices, alternate warning devices, and preemption sequences
32 shall conform as nearly as possible, considering the
33 particular characteristics of the crossing and intersection
34 area, to the State manual adopted by the Illinois Department
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1 of Transportation pursuant to Section 11-301 of this Code and
2 such federal standards as are made applicable by subsection
3 (2) of this Section. In order to carry out this authority,
4 the Commission shall have the authority to determine the
5 number, type, and location of traffic control devices on the
6 track approach leg or legs of the intersection and the timing
7 of the railroad preemption sequence of operation. The
8 Commission shall prescribe the division of costs for
9 installation and maintenance of all devices required by this
10 paragraph between the railroad or railroads and the highway
11 authority in interest and in instances involving the use of
12 the Grade Crossing Protection Fund or a State highway, the
13 Illinois Department of Transportation.
14 Any person who unlawfully or maliciously removes, throws
15 down, damages or defaces any sign, signal, gate or other
16 protective device, located at or near any public grade
17 crossing, shall be guilty of a petty offense and fined not
18 less than $50 nor more than $200 for each offense. In
19 addition to fines levied under the provisions of this Section
20 a person adjudged guilty hereunder may also be directed to
21 make restitution for the costs of repair or replacement, or
22 both, necessitated by his misconduct.
23 It is the public policy of the State of Illinois to
24 enhance public safety by establishing safe grade crossings.
25 In order to implement this policy, the Illinois Commerce
26 Commission is directed to conduct public hearings and to
27 adopt specific criteria by July 1, 1994, that shall be
28 adhered to by the Illinois Commerce Commission in determining
29 if a grade crossing should be opened or abolished. The
30 following factors shall be considered by the Illinois
31 Commerce Commission in developing the specific criteria for
32 opening and abolishing grade crossings:
33 (a) timetable speed of passenger trains;
34 (b) distance to an alternate crossing;
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1 (c) accident history for the last 5 years;
2 (d) number of vehicular traffic and posted speed
3 limits;
4 (e) number of freight trains and their timetable
5 speeds;
6 (f) the type of warning device present at the grade
7 crossing;
8 (g) alignments of the roadway and railroad, and the
9 angle of intersection of those alignments;
10 (h) use of the grade crossing by trucks carrying
11 hazardous materials, vehicles carrying passengers for
12 hire, and school buses; and
13 (i) use of the grade crossing by emergency
14 vehicles.
15 The Illinois Commerce Commission, upon petition to open
16 or abolish a grade crossing, shall enter an order opening or
17 abolishing the crossing if it meets the specific criteria
18 adopted by the Commission.
19 Except as otherwise provided in this subsection (3), in
20 no instance shall a grade crossing be permanently closed
21 without public hearing first being held and notice of such
22 hearing being published in an area newspaper of local general
23 circulation.
24 (4) Freight Trains - Radio Communications. The
25 Commission shall after hearing and order require that every
26 main line railroad freight train operating on main tracks
27 outside of yard limits within this State shall be equipped
28 with a radio communication system. The Commission after
29 notice and hearing may grant exemptions from the requirements
30 of this Section as to secondary and branch lines.
31 (5) Railroad Bridges and Trestles - Walkway and
32 Handrail. In cases in which the Commission finds the same to
33 be practical and necessary for safety of railroad employees,
34 bridges and trestles, over and upon which railroad trains are
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1 operated, shall include as a part thereof, a safe and
2 suitable walkway and handrail on one side only of such bridge
3 or trestle, and such handrail shall be located at the outer
4 edge of the walkway and shall provide a clearance of not less
5 than 8 feet, 6 inches, from the center line of the nearest
6 track, measured at right angles thereto.
7 (6) Packages Containing Articles for First Aid to
8 Injured on Trains. All rail carriers shall provide a package
9 containing the articles prescribed by the Commission, on each
10 train or engine, for first aid to persons who may be injured
11 in the course of the operation of such trains.
12 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
13 The Commission shall have authority, after notice and
14 hearing, to order:
15 (a) The removal of any abandoned railroad tracks
16 from roads, streets or other thoroughfares in this State;
17 and
18 (b) The removal of abandoned overhead railroad
19 structures crossing highways, waterways, or railroads.
20 The Commission may equitably apportion the cost of such
21 actions between the rail carrier or carriers, public
22 utilities, and the State, county, municipality, township,
23 road district, or other public authority in interest.
24 (8) Railroad-Highway Bridge Clearance. A vertical
25 clearance of not less than 23 feet above the top of rail
26 shall be provided for all new or reconstructed highway
27 bridges constructed over a railroad track. The Commission
28 may permit a lesser clearance if it determines that the 23
29 foot clearance standard cannot be justified based on
30 engineering, operational, and economic conditions.
31 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)
32 Section 99. Effective date. This Act takes effect July
33 1, 1999.