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91_SB1393
LRB9111145DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 18c-7401 and 18c-7402.
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 Sections 18c-7401 and 18c-7402 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. For the purpose of this Section, a minor
13 alteration shall include the installation of any type of
14 remote control track switch, technical or operational
15 improvement, or any other actions the Commission deems
16 necessary to reduce the occupancy of crossings by trains and
17 increase public safety. By its original order or supplemental
18 orders in such case, the Commission may direct such
19 reconstruction, alteration, relocation, or improvement to be
20 made in such manner and upon such terms and conditions as may
21 be reasonable and necessary and may apportion the cost of
22 such reconstruction, alteration, relocation or improvement
23 and the subsequent maintenance thereof, having regard to the
24 benefits, if any, accruing to the railroad or any party in
25 interest, between the rail carrier or carriers and public
26 utilities affected, or between such carrier or carriers and
27 public utilities and the State, county, municipality or other
28 public authority in interest. The cost to be so apportioned
29 shall include the cost of changes or alterations in the
30 equipment of public utilities affected as well as the cost of
31 the relocation, diversion or establishment of any public
32 highway, made necessary by such reconstruction, alteration,
33 relocation or improvement of said crossing. A hearing shall
34 not be required in those instances when the Commission enters
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1 an order confirming a written stipulation in which the
2 Commission, the public highway authority in interest, the
3 rail carrier or carriers affected, and in instances involving
4 the use of the Grade Crossing Protection Fund, the Illinois
5 Department of Transportation, agree on the reconstruction,
6 alteration, relocation, or improvement and the subsequent
7 maintenance thereof and the division of costs of such changes
8 of any grade crossing (including the necessary highway
9 approaches thereto) of any railroad across any highway.
10 Every rail carrier operating in the State of Illinois
11 shall construct and maintain every highway crossing over its
12 tracks within the State so that the roadway at the
13 intersection shall be as flush with the rails as
14 superelevated curves will allow, and, unless otherwise
15 ordered by the Commission, shall construct and maintain the
16 approaches thereto at a grade of not more than 5% within the
17 right of way for a distance of not less the 6 feet on each
18 side of the centerline of such tracks; provided, that the
19 grades at the approaches may be maintained in excess of 5%
20 only when authorized by the Commission.
21 Every rail carrier operating within this State shall
22 remove from its right of way at all grade crossings within
23 the State, such brush, shrubbery, and trees as is reasonably
24 practical for a distance of not less than 500 feet in either
25 direction from each grade crossing. The Commission shall have
26 power, upon its own motion, or upon complaint, and after
27 having made proper investigation, to require the installation
28 of adequate and appropriate luminous reflective warning
29 signs, luminous flashing signals, crossing gates illuminated
30 at night, or other protective devices in order to promote and
31 safeguard the health and safety of the public. Luminous
32 flashing signal or crossing gate devices installed at grade
33 crossings, which have been approved by the Commission, shall
34 be deemed adequate and appropriate. The Commission shall have
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1 authority to determine the number, type, and location of such
2 signs, signals, gates, or other protective devices which,
3 however, shall conform as near as may be with generally
4 recognized national standards, and the Commission shall have
5 authority to prescribe the division of the cost of the
6 installation and subsequent maintenance of such signs,
7 signals, gates, or other protective devices between the rail
8 carrier or carriers, the public highway authority in
9 interest, and in instances involving the use of the Grade
10 Crossing Protection Fund, the Illinois Department of
11 Transportation.
12 No railroad may change or modify the warning device
13 system at a railroad-highway grade crossing, including
14 warning systems interconnected with highway traffic control
15 signals, without having first received the approval of the
16 Commission. The Commission shall have the further power,
17 upon application, upon its own motion, or upon complaint and
18 after having made proper investigation, to require the
19 interconnection of grade crossing warning devices with
20 traffic control signals at highway intersections located at
21 or near railroad crossings within the distances described by
22 the State Manual on Uniform Traffic Control Devices adopted
23 pursuant to Section 11-301 of this Code. In addition, State
24 and local authorities may not install, remove, modernize, or
25 otherwise modify traffic control signals at a highway
26 intersection that is interconnected or proposed to be
27 interconnected with grade crossing warning devices when the
28 change affects the number, type, or location of traffic
29 control devices on the track approach leg or legs of the
30 intersection or the timing of the railroad preemption
31 sequence of operation until the Commission has approved the
32 installation, removal, modernization, or modification.
33 Commission approval shall be limited to consideration of
34 issues directly affecting the public safety at the
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1 railroad-highway grade crossing. The electrical circuit
2 devices, alternate warning devices, and preemption sequences
3 shall conform as nearly as possible, considering the
4 particular characteristics of the crossing and intersection
5 area, to the State manual adopted by the Illinois Department
6 of Transportation pursuant to Section 11-301 of this Code and
7 such federal standards as are made applicable by subsection
8 (2) of this Section. In order to carry out this authority,
9 the Commission shall have the authority to determine the
10 number, type, and location of traffic control devices on the
11 track approach leg or legs of the intersection and the timing
12 of the railroad preemption sequence of operation. The
13 Commission shall prescribe the division of costs for
14 installation and maintenance of all devices required by this
15 paragraph between the railroad or railroads and the highway
16 authority in interest and in instances involving the use of
17 the Grade Crossing Protection Fund or a State highway, the
18 Illinois Department of Transportation.
19 Any person who unlawfully or maliciously removes, throws
20 down, damages or defaces any sign, signal, gate or other
21 protective device, located at or near any public grade
22 crossing, shall be guilty of a petty offense and fined not
23 less than $50 nor more than $200 for each offense. In
24 addition to fines levied under the provisions of this Section
25 a person adjudged guilty hereunder may also be directed to
26 make restitution for the costs of repair or replacement, or
27 both, necessitated by his misconduct.
28 It is the public policy of the State of Illinois to
29 enhance public safety by establishing safe grade crossings.
30 In order to implement this policy, the Illinois Commerce
31 Commission is directed to conduct public hearings and to
32 adopt specific criteria by July 1, 1994, that shall be
33 adhered to by the Illinois Commerce Commission in determining
34 if a grade crossing should be opened or abolished. The
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1 following factors shall be considered by the Illinois
2 Commerce Commission in developing the specific criteria for
3 opening and abolishing grade crossings:
4 (a) timetable speed of passenger trains;
5 (b) distance to an alternate crossing;
6 (c) accident history for the last 5 years;
7 (d) number of vehicular traffic and posted speed
8 limits;
9 (e) number of freight trains and their timetable
10 speeds;
11 (f) the type of warning device present at the grade
12 crossing;
13 (g) alignments of the roadway and railroad, and the
14 angle of intersection of those alignments;
15 (h) use of the grade crossing by trucks carrying
16 hazardous materials, vehicles carrying passengers for
17 hire, and school buses; and
18 (i) use of the grade crossing by emergency
19 vehicles.
20 The Illinois Commerce Commission, upon petition to open
21 or abolish a grade crossing, shall enter an order opening or
22 abolishing the crossing if it meets the specific criteria
23 adopted by the Commission.
24 Except as otherwise provided in this subsection (3), in
25 no instance shall a grade crossing be permanently closed
26 without public hearing first being held and notice of such
27 hearing being published in an area newspaper of local general
28 circulation.
29 (4) Freight Trains - Radio Communications. The
30 Commission shall after hearing and order require that every
31 main line railroad freight train operating on main tracks
32 outside of yard limits within this State shall be equipped
33 with a radio communication system. The Commission after
34 notice and hearing may grant exemptions from the requirements
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1 of this Section as to secondary and branch lines.
2 (5) Railroad Bridges and Trestles - Walkway and
3 Handrail. In cases in which the Commission finds the same to
4 be practical and necessary for safety of railroad employees,
5 bridges and trestles, over and upon which railroad trains are
6 operated, shall include as a part thereof, a safe and
7 suitable walkway and handrail on one side only of such bridge
8 or trestle, and such handrail shall be located at the outer
9 edge of the walkway and shall provide a clearance of not less
10 than 8 feet, 6 inches, from the center line of the nearest
11 track, measured at right angles thereto.
12 (6) Packages Containing Articles for First Aid to
13 Injured on Trains. All rail carriers shall provide a package
14 containing the articles prescribed by the Commission, on each
15 train or engine, for first aid to persons who may be injured
16 in the course of the operation of such trains.
17 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
18 The Commission shall have authority, after notice and
19 hearing, to order:
20 (a) The removal of any abandoned railroad tracks
21 from roads, streets or other thoroughfares in this State;
22 and
23 (b) The removal of abandoned overhead railroad
24 structures crossing highways, waterways, or railroads.
25 The Commission may equitably apportion the cost of such
26 actions between the rail carrier or carriers, public
27 utilities, and the State, county, municipality, township,
28 road district, or other public authority in interest.
29 (8) Railroad-Highway Bridge Clearance. A vertical
30 clearance of not less than 23 feet above the top of rail
31 shall be provided for all new or reconstructed highway
32 bridges constructed over a railroad track. The Commission
33 may permit a lesser clearance if it determines that the 23
34 foot clearance standard cannot be justified based on
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1 engineering, operational, and economic conditions.
2 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)
3 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
4 (Text of Section before amendment by P.A. 91-675)
5 Sec. 18c-7402. Safety Requirements for Railroad
6 Operations.
7 (1) Obstruction of Crossings.
8 (a) Obstruction of Emergency Vehicles. Every
9 railroad shall be operated in such a manner as to
10 minimize obstruction of emergency vehicles at crossings.
11 Where such obstruction occurs and the train crew is aware
12 of the obstruction, the train crew shall immediately take
13 any action, consistent with safe operating procedure,
14 necessary to remove the obstruction. In the Chicago and
15 St. Louis switching districts, every railroad dispatcher
16 or other person responsible for the movement of railroad
17 equipment in a specific area who receives notification
18 that railroad equipment is obstructing the movement of an
19 emergency vehicle at any crossing within such area shall
20 immediately notify the train crew through use of existing
21 communication facilities. Upon notification, the train
22 crew shall take immediate action in accordance with this
23 paragraph.
24 (b) Obstruction of Highway at Grade Crossing
25 Prohibited. It is unlawful for a rail carrier to permit
26 any train, railroad car or engine to obstruct public
27 travel at a railroad-highway grade crossing for a period
28 in excess of 10 minutes, except where such train,
29 railroad or car is continuously moving or cannot be moved
30 by reason of circumstances over which the rail carrier
31 has no reasonable control. However, no employee acting
32 under the rules or orders of the rail carrier or its
33 supervisory personnel may be prosecuted for such
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1 violations.
2 (c) Punishment for Obstruction of Grade Crossing.
3 Any rail carrier violating paragraph (b) of this
4 subsection shall be guilty of a petty offense and fined
5 not less than $200 nor more than $500 if the duration of
6 the obstruction is in excess of 10 minutes but no longer
7 than 15 minutes. If the duration of the obstruction
8 exceeds 15 minutes the violation shall be a business
9 offense and the following fines shall be imposed: if the
10 duration of the obstruction is in excess of 15 minutes
11 but no longer than 20 minutes, the fine shall be $500; if
12 the duration of the obstruction is in excess of 20
13 minutes but no longer than 25 minutes, the fine shall be
14 $700; if the duration of the obstruction is in excess of
15 25 minutes, but no longer than 30 minutes, the fine shall
16 be $900; if the duration of the obstruction is in excess
17 of 30 minutes but no longer than 35 minutes, the fine
18 shall be $1,000; if the duration of the obstruction is in
19 excess of 35 minutes, the fine shall be $1,000 plus an
20 additional $500 for each 5 minutes of obstruction in
21 excess of 25 minutes of obstruction.
22 (d) Chronic obstruction of a grade crossing.
23 Within the Chicago switching district, the Commission
24 may, after investigation, make a determination that a
25 railroad has engaged in the chronic obstruction of grade
26 crossings. A railroad engages in the chronic obstruction
27 of a grade crossing when its trains repeatedly and with
28 great rate of recurrence obstruct a grade crossing by
29 frequently stopping and causing disruption of vehicular
30 traffic and endangering the lives and safety of the
31 citizens of this State by interfering with the operation
32 of ambulances and police and fire department vehicles.
33 Once a railroad is designated as chronically obstructing
34 a grade crossing, the penalty for obstructing that grade
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1 crossing is a Class C misdemeanor for the first offense.
2 For a second or subsequent offense at the same location
3 the penalty is a Class B misdemeanor and the fine shall
4 be triple the fine amount of the first offense. A
5 railroad employee who is not a supervisor may not be
6 prosecuted under this subsection (d) for any act or
7 omission committed under rules or orders of the railroad
8 or its supervisory personnel.
9 (2) Other Operational Requirements.
10 (a) Bell and Whistle-Crossings. Every rail carrier
11 shall cause a bell, and a whistle or horn to be placed
12 and kept on each locomotive, and shall cause the same to
13 be rung or sounded by the engineer or fireman, at the
14 distance of a least 1,320 feet, from the place where the
15 railroad crosses or intersects any public highway, and
16 shall be kept ringing or sounding until the highway is
17 reached; provided that at crossings where the Commission
18 shall by order direct, only after a hearing has been held
19 to determine the public is reasonably and sufficiently
20 protected, the rail carrier may be excused from giving
21 warning provided by this paragraph.
22 (b) Speed Limits. Each rail carrier shall operate
23 its trains in compliance with speed limits set by the
24 Commission. The Commission may set train speed limits
25 only where such limits are necessitated by extraordinary
26 circumstances effecting the public safety, and shall
27 maintain such train speed limits in effect only for such
28 time as the extraordinary circumstances prevail.
29 The Commission and the Department of Transportation
30 shall conduct a study of the relation between train
31 speeds and railroad-highway grade crossing safety. The
32 Commission shall report the findings of the study to the
33 General Assembly no later than January 5, 1997.
34 (c) Special Speed Limit; Pilot Project. The
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1 Commission and the Board of the Commuter Rail Division of
2 the Regional Transportation Authority shall conduct a
3 pilot project in the Village of Fox River Grove, the site
4 of the fatal school bus accident at a railroad crossing
5 on October 25, 1995, in order to improve railroad
6 crossing safety. For this project, the Commission is
7 directed to set the maximum train speed limit for
8 Regional Transportation Authority trains at 50 miles per
9 hour at intersections on that portion of the intrastate
10 rail line located in the Village of Fox River Grove. If
11 the Regional Transportation Authority deliberately fails
12 to comply with this maximum speed limit, then any entity,
13 governmental or otherwise, that provides capital or
14 operational funds to the Regional Transportation
15 Authority shall appropriately reduce or eliminate that
16 funding. The Commission shall report to the Governor and
17 the General Assembly on the results of this pilot project
18 in January 1999, January 2000, and January 2001. The
19 Commission shall also submit a final report on the pilot
20 project to the Governor and the General Assembly in
21 January 2001. The provisions of this subsection (c),
22 other than this sentence, are inoperative after February
23 1, 2001.
24 (3) Report and Investigation of Rail Accidents.
25 (a) Reports. Every rail carrier shall report to the
26 Commission, by the speediest means possible, whether
27 telephone, telegraph, or otherwise, every accident
28 involving its equipment, track, or other property which
29 resulted in loss of life to any person. In addition,
30 such carriers shall file a written report with the
31 Commission. Reports submitted under this paragraph shall
32 be strictly confidential, shall be specifically
33 prohibited from disclosure, and shall not be admissible
34 in any administrative or judicial proceeding relating to
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1 the accidents reported.
2 (b) Investigations. The Commission may investigate
3 all railroad accidents reported to it or of which it
4 acquires knowledge independent of reports made by rail
5 carriers, and shall have the power, consistent with
6 standards and procedures established under the Federal
7 Railroad Safety Act, as amended, to enter such temporary
8 orders as will minimize the risk of future accidents
9 pending notice, hearing, and final action by the
10 Commission.
11 (Source: P.A. 89-699, eff. 1-16-97; 90-187, eff. 1-1-98.)
12 (Text of Section after amendment by P.A. 91-675)
13 Sec. 18c-7402. Safety Requirements for Railroad
14 Operations.
15 (1) Obstruction of Crossings.
16 (a) Obstruction of Emergency Vehicles. Every
17 railroad shall be operated in such a manner as to
18 minimize obstruction of emergency vehicles at crossings.
19 Where such obstruction occurs and the train crew is aware
20 of the obstruction, the train crew shall immediately take
21 any action, consistent with safe operating procedure,
22 necessary to remove the obstruction. In the Chicago and
23 St. Louis switching districts, every railroad dispatcher
24 or other person responsible for the movement of railroad
25 equipment in a specific area who receives notification
26 that railroad equipment is obstructing the movement of an
27 emergency vehicle at any crossing within such area shall
28 immediately notify the train crew through use of existing
29 communication facilities. Upon notification, the train
30 crew shall take immediate action in accordance with this
31 paragraph.
32 (b) Obstruction of Highway at Grade Crossing
33 Prohibited. It is unlawful for a rail carrier to permit
34 any train, railroad car or engine to obstruct public
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1 travel at a railroad-highway grade crossing for a period
2 in excess of 10 minutes, except where such train or
3 railroad car is continuously moving or cannot be moved by
4 reason of circumstances over which the rail carrier has
5 no reasonable control.
6 In a county with a population of greater than 1,000,000,
7 as determined by the most recent federal census, during the
8 hours of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through
9 6:00 p.m. it is unlawful for a rail carrier to permit any
10 single train or railroad car to obstruct public travel at a
11 railroad-highway grade crossing in excess of a total of 10
12 minutes during a 30 minute period, except where the train or
13 railroad car cannot be moved by reason or circumstances over
14 which the rail carrier has no reasonable control. Under no
15 circumstances will a moving train be stopped for the purposes
16 of issuing a citation related to this Section.
17 However, no employee acting under the rules or orders of
18 the rail carrier or its supervisory personnel may be
19 prosecuted for a violation of this subsection (b).
20 (c) Punishment for Obstruction of Grade Crossing.
21 Any rail carrier violating paragraph (b) of this
22 subsection shall be guilty of a petty offense and fined
23 not less than $200 nor more than $500 if the duration of
24 the obstruction is in excess of 10 minutes but no longer
25 than 15 minutes. If the duration of the obstruction
26 exceeds 15 minutes the violation shall be a business
27 offense and the following fines shall be imposed: if the
28 duration of the obstruction is in excess of 15 minutes
29 but no longer than 20 minutes, the fine shall be $500; if
30 the duration of the obstruction is in excess of 20
31 minutes but no longer than 25 minutes, the fine shall be
32 $700; if the duration of the obstruction is in excess of
33 25 minutes, but no longer than 30 minutes, the fine shall
34 be $900; if the duration of the obstruction is in excess
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1 of 30 minutes but no longer than 35 minutes, the fine
2 shall be $1,000; if the duration of the obstruction is in
3 excess of 35 minutes, the fine shall be $1,000 plus an
4 additional $500 for each 5 minutes of obstruction in
5 excess of 25 minutes of obstruction.
6 (d) Chronic obstruction of a grade crossing.
7 Within the Chicago switching district, the Commission
8 may, after investigation, make a determination that a
9 railroad has engaged in the chronic obstruction of grade
10 crossings. A railroad engages in the chronic obstruction
11 of a grade crossing when its trains repeatedly and with
12 great rate of recurrence obstruct a grade crossing by
13 frequently stopping and causing disruption of vehicular
14 traffic and endangering the lives and safety of the
15 citizens of this State by interfering with the operation
16 of ambulances and police and fire department vehicles.
17 Once a railroad is designated as chronically obstructing
18 a grade crossing, the penalty for obstructing that grade
19 crossing is a Class C misdemeanor for the first offense.
20 For a second or subsequent offense at the same location
21 the penalty is a Class B misdemeanor and the fine shall
22 be triple the fine amount of the first offense. A
23 railroad employee who is not a supervisor may not be
24 prosecuted under this subsection (d) for any act or
25 omission committed under rules or orders of the railroad
26 or its supervisory personnel.
27 (2) Other Operational Requirements.
28 (a) Bell and Whistle-Crossings. Every rail carrier
29 shall cause a bell, and a whistle or horn to be placed
30 and kept on each locomotive, and shall cause the same to
31 be rung or sounded by the engineer or fireman, at the
32 distance of a least 1,320 feet, from the place where the
33 railroad crosses or intersects any public highway, and
34 shall be kept ringing or sounding until the highway is
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1 reached; provided that at crossings where the Commission
2 shall by order direct, only after a hearing has been held
3 to determine the public is reasonably and sufficiently
4 protected, the rail carrier may be excused from giving
5 warning provided by this paragraph.
6 (b) Speed Limits. Each rail carrier shall operate
7 its trains in compliance with speed limits set by the
8 Commission. The Commission may set train speed limits
9 only where such limits are necessitated by extraordinary
10 circumstances effecting the public safety, and shall
11 maintain such train speed limits in effect only for such
12 time as the extraordinary circumstances prevail.
13 The Commission and the Department of Transportation
14 shall conduct a study of the relation between train
15 speeds and railroad-highway grade crossing safety. The
16 Commission shall report the findings of the study to the
17 General Assembly no later than January 5, 1997.
18 (c) Special Speed Limit; Pilot Project. The
19 Commission and the Board of the Commuter Rail Division of
20 the Regional Transportation Authority shall conduct a
21 pilot project in the Village of Fox River Grove, the site
22 of the fatal school bus accident at a railroad crossing
23 on October 25, 1995, in order to improve railroad
24 crossing safety. For this project, the Commission is
25 directed to set the maximum train speed limit for
26 Regional Transportation Authority trains at 50 miles per
27 hour at intersections on that portion of the intrastate
28 rail line located in the Village of Fox River Grove. If
29 the Regional Transportation Authority deliberately fails
30 to comply with this maximum speed limit, then any entity,
31 governmental or otherwise, that provides capital or
32 operational funds to the Regional Transportation
33 Authority shall appropriately reduce or eliminate that
34 funding. The Commission shall report to the Governor and
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1 the General Assembly on the results of this pilot project
2 in January 1999, January 2000, and January 2001. The
3 Commission shall also submit a final report on the pilot
4 project to the Governor and the General Assembly in
5 January 2001. The provisions of this subsection (c),
6 other than this sentence, are inoperative after February
7 1, 2001.
8 (3) Report and Investigation of Rail Accidents.
9 (a) Reports. Every rail carrier shall report to the
10 Commission, by the speediest means possible, whether
11 telephone, telegraph, or otherwise, every accident
12 involving its equipment, track, or other property which
13 resulted in loss of life to any person. In addition,
14 such carriers shall file a written report with the
15 Commission. Reports submitted under this paragraph shall
16 be strictly confidential, shall be specifically
17 prohibited from disclosure, and shall not be admissible
18 in any administrative or judicial proceeding relating to
19 the accidents reported.
20 (b) Investigations. The Commission may investigate
21 all railroad accidents reported to it or of which it
22 acquires knowledge independent of reports made by rail
23 carriers, and shall have the power, consistent with
24 standards and procedures established under the Federal
25 Railroad Safety Act, as amended, to enter such temporary
26 orders as will minimize the risk of future accidents
27 pending notice, hearing, and final action by the
28 Commission.
29 (Source: P.A. 90-187, eff. 1-1-98; 91-675, eff. 6-1-00.)
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.